Sunday 18 March 2018

Muslim convert charged with killing his first cousin Andrew Guerrine is granted bail

Andrew Guerrine
Andrew Guerrine

Eimear Cotter

A steel fabricatory charged with the murder of his first cousin, whose body was found on a country laneway in south Dublin two years ago, has been granted bail by the High Court.

Senior gardai had expressed their concerns that Stephen Tynan (40) was a flight risk and would not turn up for his trial.

Detective Inspector Colm O'Malley said Mr Tynan was a Muslim convert and it was possible that as a Muslim convert he would seek "sanctuary" in Muslim countries and gardai would be unable to bring him back to Ireland.

Defence lawyer Seamus Clarke BL said the inspector's ascertain that someone was a flight risk based on their religion was "highly discriminatory".

Mr Clarke said no one would object to someone's bail because he "was a Catholic and could flee to Italy"

Mr Tynan, with an address at Knockmore Park in Tallaght, is charged with the murder of 37-year-old Andrew Guerrine.

His co-accused has not yet applied for bail.

The murder allegedly happened at a place unknown between Knockmore and Killinarden estates in Tallaght on May 23, 2015.

Mr Guerrine's body was found at Steelstown Lane in Rathcoole in the early hours of May 23, 2015. He had multiple stab wounds and his throat had been slashed.

Mr Tynan must apply to the High Court for bail on a murder charge.

Insp Colm O'Malley objected to bail, citing the seriousness of the charge and the strength of the evidence.

Insp O'Malley told Ronan Prendergast BL, for the State, that the post mortem showed Mr Guerrine was stabbed 20 times, with the stabs penetrating his skull and spine.

He said the cause of death was haemorrhaging from multiple stab wounds.

Insp O'Malley accepted that the case against Mr Tynan was circumstantial.

He told the court that Mr Guerrine and a second man had travelled to Tallaght to sell 3,000 diazepam tablets to Mr Tynan.

He said mobile phone data shows there was contact between the men, and it ends shortly before Mr Guerrine was last seen at 12 midnight on May 23, 2015.

Insp O'Malley said Mr Tynan is also linked to a car which was allegedly used to dispose of the body.

He said Mr Tynan borrowed the car from a neighbour, and Mr Tynan is later seen on CCTV cleaning down the car with his sleeve.

Insp O'Malley also alleged that Mr Tynan could be placed near the area where Mr Guerrine's body was found.

Defence lawyer Seamus Clarke BL said there was no evidence that the accused was a flight risk.

Indeed, Mr Clarke said the evidence was that Mr Tynan had left the jurisdiction shortly after he was first interviewed by gardai but had returned, and had not sought to leave the country again.

Ms Justice Carmel Stewart granted bail in Mr Tynan's own bond of €3,000 cash as well as an independent surety of €10,000.

As part of his bail conditions, the accused must sign on at Tallaght Garda Station, surrender his passport and observe a curfew between 10pm and 8am.

Mr Tynan must also provide a mobile phone number to gardai, have no contact with any witnesses in the case and have no contact with his co-accused.

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