Sean McGovern served with second book of evidence

Fiona Magennis

Sean McGovern, who was extradited from the United Arab Emirates last May to face charges of murder and directing a criminal organisation, has been served with a second book of evidence at the Special Criminal Court.

McGovern, 39, with a previous address at Kildare Road, Crumlin, Dublin 12 is charged with the murder of Noel Kirwan on December 22nd, 2016 at St Ronan's Drive, Clondalkin in Dublin. He was served with a book of evidence in relation to this charge earlier this year.

Dominic McGinn SC, for the Director of Public Prosecutions, told the three-judge, non-jury court on Tuesday that one book of evidence had already been served on the accused in July. He said a second book was now ready to be served.

The book of evidence served on the accused today covers further offences with which McGovern is charged, including directing the activities of a criminal organisation in connection with the same murder between October 20 2016 and December 22nd, 2016.

He is also charged with directing the activities of a criminal organisation in connection with the surveillance of James Gately in preparation for the commission of an indictable offence between October 17th, 2015 and April 6th, 2017.

Another charge alleges that between October 20th and December 22nd, 2016 he contributed to or participated in activity intending or being reckless as to whether such activity would facilitate a criminal organisation in the murder of Mr Kirwan.

He faces a similar charge of facilitating a criminal organisation in a conspiracy to murder James Gately.

He was previously extradited from the United Arab Emirates to face the charges, but in June, lawyers for McGovern raised a concern about the legality of his extradition to Ireland.

At the Special Criminal Court on Tuesday, Seán Guerin SC, for McGovern, said there was an issue with disclosure relating to the lawfulness of McGovern’s extradition which has been “outstanding for a while”. He said the prosecution has now indicated that this would be ready by Friday.

Ms Justice Karen O’Connor, sitting with Judge Sarah Berkeley and Judge David McHugh, asked the lawyers what the court was being asked to do in relation to setting a date.

Mr McGinn requested that the matter be put back for two weeks.

Mr Guerin asked that his client appear by video link on that occasion.

Ms Justice O’Connor set a further hearing date of Friday, October 17th with McGovern to appear by video link.