THE DPP is believed to have directed that two men whom a jury failed to reach a verdict in relation to a €2.28m Tiger Kidnapping robbery, must face a retrial.
The development comes as a a third man – Jason Kavanagh – who was found guilty after a 50-day trial last year, was jailed for 15 years yesterday.
The case which has already cost the taxpayer millions of euro now faces becoming one of the longest legal sagas in the history of the State since the robbery in March, 2005.
The Herald can reveal that it will be officially confirmed that a retrial will be ordered in the cases of Dubliners Mark Farrelly (42) and Christopher Corcoran (66) later this week.
However, it is expected that lawyers for both men will appeal the ruling to the High Court arguing that a third trial should not take place.
Jason Kavanagh (39) of Corduff Avenue, Blanchardstown, was part of a gang which kidnapped the family of a Securicor worker during the robbery in March 2005.
The gang took Paul Richardson's wife and their two teenage sons into the Dublin Mountains and held them at gunpoint overnight. Other gang members held Mr Richardson at the family home until the next morning when he was told to go to work and deliver company cash to a drop-off point.
Passing sentence at Dublin Circuit Criminal Court, Judge Martin Nolan said that Kavanagh should be given credit for any time already spent in custody.
He was previously jailed in November 2009 and was released on bail in June 2012.
Kavanagh and three co-accused denied the charges of falsely imprisoning the Richardsons at Ashcroft, Raheny, on the night of March 13 and 14 and robbery of €2.28m in cash from Paul Richardson and Securicor Security Services Ireland Ltd on March 14, 2005.
After a 50-day trial, the jury failed to reach a majority verdict on the charges against Christopher Corcoran (66) of Bayside Boulevard North, Sutton and Mark Farrelly (42) of Moatview Court, Priorswood, Coolock.
They found Alan Costello (50) of Cromcastle Road, Coolock not guilty of all charges.
Judge Nolan said that Kavanagh had played a serious role in a cold-blooded crime that involved the threat of extreme violence. He commended the "extreme fortitude" shown by the Richardson family and congratulated Detective Inspector Paul Scott for his tenacity and diligence in carrying out the investigation.
Inspector Scott told the court that Kavanagh, a father of two, has 25 previous convictions including assault, forgery and possession of stolen property. He was previously found guilty of the same charges in 2009 and he was jailed for 25 ears.
Following a Supreme Court ruling in February 2012 which ruled that the type of search warrant used in the investigation was unconstitutional the Court of Criminal Appeal overturned the conviction and ordered a retrial.