Sunday 8 December 2019

Car with defective headlight links murder suspect to scene of fatal shooting, garda tells court

The Criminal Courts of Justice in Dublin
The Criminal Courts of Justice in Dublin

Eoin Reynolds

A car with a defective headlight links a murder suspect to the scene of a fatal shooting, a garda told the Central Criminal Court today.

Gary Flynn (31), of Rossfield Drive in Tallaght has pleaded not guilty to the murder of Seamus 'Shay' O'Byrne at Tymon Park North in Tallaght on March 13, 2009.

Detective Garda Michael McGrath of Tallaght Garda Station agreed with defence counsel Giollaiosa O'Lideadha SC that another suspect in the same case, Eugene Cullen, was linked to the shooting by CCTV that tracked him travelling to the scene.

Mr O'Lideadha added: "The prosecution is making the same kind of case against Mr Flynn." Det Gda McGrath agreed.

Mr O'Lideadha has spent four hours cross examining Det Gda McGrath on CCTV footage compiled by gardai that shows a number of vehicles driving around west and south Dublin in the hours and days leading up to Mr O'Byrne's shooting. During that evidence Det Gda McGrath identified Gary Flynn as being in a Nissan Primera with a faulty headlight. Mr Flynn was identified when a car matching that description stopped at a Topaz garage on the Forfield Road in South Dublin about 90 minutes before the shooting. Det Gda McGrath said that a man matching Mr Flynn's description and clothing got out of the car. Footage from inside the shop then "clearly" shows Mr Flynn entering wearing a grey tracksuit and white runners, Det Gda McGrath told the court.

The jury was then shown further footage showing a similar car making its way towards Tallaght. The jury was then shown footage taken on a CCTV system belonging to a home owner in Tymon Park. Det Gda McGrath said this footage showed a saloon type car, that could be consistent with a Nissan Primera, pulling in before five shots are fired. The car then leaves the estate.

Mr O'Lideadha has put it to Det Gda McGrath that the car with a defective light seen at the scene could actually be a Volkswagen Passat. The court has earlier heard evidence from witnesses that a blue Volkswagen Passat sped away from the area after the shots were fired. Det Gda McGrath said that he could not say exactly what type of car was in the CCTV footage as the quality is extremely poor.

The trial continues tomorrow before Justice Patrick McCarthy and a jury of nine men and three women.

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