Court to rule on acquittal for man accused of conspiracy to commit perjury during garda murderer's trial
The three-judge, non-jury court has spent two days hearing arguments in the trial of Dean Byrne.
The Special Criminal Court will rule next week on whether to order the acquittal of a man who denies conspiring to pervert the course of justice during garda killer Aaron Brady's murder trial.
The three-judge, non-jury court has spent two days hearing arguments in the trial of Dean Byrne. His lawyers have argued that Mr Byrne had a genuine belief that Daniel Cahill, a witness in Brady's trial, was going to perjure himself.
Padraig Dwyer SC, for Mr Byrne, said that his client had a benign motive in attempting to persuade Mr Cahill not to give what he believed would be false evidence and said any citizen in Mr Byrne's position would have a moral obligation to prevent an injustice being done. Mr Dwyer has asked the court to direct an acquittal of his client.
Lorcan Staines SC, for the Director of Public Prosecutions (DPP), responded that there are no circumstances in which an attempt to persuade a witness in a criminal trial not to give evidence could be anything other than an attempt to pervert the course of justice. He said a person with a genuine concern that someone is going to commit perjury can provide that information to gardai or the DPP.
Otherwise, the perjury can be established through cross examination during the trial or by calling a witness who can prove the perjury.
Mr Justice Paul Burns, presiding, adjourned the case until next Tuesday when the judges will reveal their judgment.
Dean Byrne (30) from Cabra Park, Phibsborough, Dublin is on trial accused of conspiring with Aaron Brady in Mountjoy Prison between April 8, 2020 and June 22, 2020 to persuade prosecution witness Daniel Cahill not to give evidence at Brady's murder trial, a course of conduct which had a tendency to and which was intended to pervert the course of justice.
In August 2020, Brady (33) formerly of New Road, Crossmaglen, Co Armagh was convicted by a jury of the murder of Det Gda Adrian Donohoe during a credit union robbery at Lordship, Bellurgan, Co Louth on January 25, 2013.