Friday 20 October 2017

Man accused of Noel Kirwan murder has charge struck out but is immediately re-arrested

Kirwan with Gerry ‘The Monk’ Hutch
Kirwan with Gerry ‘The Monk’ Hutch

Brian Kavanagh

A MAN who had a murder charged dropped by the Special Criminal Court was immediately arrested by gardai and charged with the offence again at Dublin District Court.

The charge against the Dublin man due to stand trial at the non-jury Special Criminal Court for the murder of Noel Kirwan had earlier been struck out.

He has been since remanded in custody.

Jason Keating (26) was told by presiding judge Mr Justice Tony Hunt that he was “free to go” after an application by the State, but gardai arrested him as soon as he left the courtroom.

Mr Keating, of Lower Main Street, Rush, Co Dublin, has been re-charged with the murder of Noel Kirwan (62) outside his house at St Ronan’s Drive, Clondalkin, Dublin 22 on December 22, 2016.

The 62-year-old, a friend of Gerry ‘The Monk’ Hutch, was sitting in a car outside his house in St Ronan’s Drive, Clondalkin, last December 22 when he was shot several times.

He was the tenth person to die in the Hutch-Kinahan feud which has claimed 12 lives.

His partner was in the passenger seat was but was not injured in the shooting.

Earlier, state solicitor Rioghnach Corbett told the three-judge court that her application was to have the charge struck out.

Counsel for Mr Keating, Mr Giollaiosa O Lideadha SC, said he understood that there was some difficulty with the certificate and charge sheet which were initially before the District Court.

Last week the State made an application for Keating to be tried before the Special Criminal Court.

The DPP can direct an accused face trial in the non-jury court if it deems “the ordinary courts are inadequate for effective administration of justice”.

Mr O Lideadha told the court he also understood that it was the intention of the prosecution to “restart proceedings” against his client.

This happened straight away and Mr Keating was then charged at Dublin District Court and remanded in custody.

Last May 8, Mr Keating was brought to Blanchardstown District Court under armed escort charged with the murder of Mr Kirwan.

Det Sgt Damian Gannon had told that Keating made no reply to the charge after caution.

Legal aid was granted and he was remanded in custody.

A woman in her 20s who was also arrested in connection with the investigation has been released without charge and a file will be prepared for the Director of Public Prosecutions.

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