Bail refused for man accused of conspiracy to burgle with Garda killer

Eoin Reynolds

The Special Criminal Court has refused bail for a man accused of conspiring to steal cars with Garda killer Aaron Brady, due to concerns that he might evade justice by leaving the country.

Ms Justice Karen O'Connor, presiding at the three-judge, non-jury court, said there is a concern that James Flynn (43) could be a "flight risk" if he were allowed to take up bail. She noted that Mr Flynn is a citizen of the United Kingdom and the United States and has started businesses in both locations.

She said there is evidence that he has the financial means to evade justice, given that he had offered a cash lodgement and independent sureties totalling more than £1 million (€1.1 million) when he was arrested in the UK to be extradited to Ireland in 2021.

The court did not accept submissions from Bernard Condon SC, on behalf of Mr Flynn, that he has substantial ties that bind him to the Republic of Ireland. Ms Justice O'Connor said the court's concerns are not allayed by conditions proposed by Mr Condon, including that Mr Flynn undertake to live with his mother-in-law in Monaghan rather than return to Northern Ireland.

Considering the seriousness of the charge, the nature of the evidence relied on by the prosecution, and the likely sentence to be imposed on conviction, Ms Justice O'Connor refused to grant bail.

She listed the matter for trial on February 9th next year.

Mr Flynn, with an address in Ravensglen, Newry, Co Down, was originally charged with conspiracy to steal cars at various locations in the North East. He was further charged with participation in the robbery of the Lordship Credit Union in Bellurgan, Co Louth on January 25th, 2013, in which Aaron Brady shot and killed Det Gda Adrian Donohoe.

The three-judge, non-jury Special Criminal Court acquitted Mr Flynn of the robbery charge but amended the conspiracy indictment to find him guilty of conspiring to steal a Volkswagen Passat from a property in Clogherhead, Co Louth, in January 2013. The same Volkswagen Passat was used as the getaway car in the Lordship robbery.

Earlier this year, the three-judge Court of Appeal quashed Mr Flynn's conviction and ordered a retrial. They found that the Special Criminal Court's decision to amend the indictment without consulting the prosecution or defence legal teams breached Mr Flynn's right to constitutional natural justice.

At Mr Flynn's bail hearing yesterday, Det Insp Mark Phillips objected to bail on the grounds that the defendant is a flight risk and due to concerns regarding the potential intimidation of witnesses.

Ms Justice O'Connor said much of the evidence regarding intimidation of witnesses related to Mr Flynn's father, Eugene Flynn Snr. She said the court was not satisfied to refuse bail on that ground.

She noted there was no evidence of witness intimidation arising from Mr Flynn's previous trial on the conspiracy charge.

Mr Flynn, who is married with two children, has spent three years and nine months in custody since his arrest in the UK and subsequent extradition to Ireland.