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Man convicted for gangland murder brings appeal over seizure of mobile phone data

Summary

The Court of Appeal has reserved judgment in an appeal brought by Gary Flynn, who was convicted of the 2009 gangland murder of Seamus Shay O'Byrne in Tallaght. Flynn, who pleaded not guilty at the Central Criminal Court, received a mandatory life sentence in 2016. He is the third person jailed for the crime, following the convictions of Garrett O'Brien, the gunman, and Eugene Cullen, who organised the murder and later died in custody. Flynn's counsel argued that the seizure of mobile phone data was disproportionate and violated human rights laws, claiming gardaí indiscriminately collected devices without adequate justification. Defence also contended that the trial judge failed to properly direct the jury regarding gunshot residue evidence and the prosecution's failure to prove Flynn's knowledge of the killing plan. The Director of Public Prosecutions countered that the phones were linked to the crime and that privacy rights do not extend to devices used for murder. The three-judge panel, comprising Mr Justice Birmingham, Mr Justice Mahon, and Mr Justice Hedigan, heard the arguments and reserved their decision. The matter remains adjourned pending the court's final ruling on the admissibility of evidence and the trial judge's directions.

Who, what, where, when and why

What: Report matter: Man convicted for gangland murder brings appeal over seizure of mobile phone data. Procedural stage: appeal. Findings: Convicted

When:

• March 13, 2009 Hearing Or Sentence
• March 16, 2016 Hearing Or Sentence
• November 2012 Hearing Or Sentence
• March 2014 Hearing Or Sentence
• 2017-10-20 Publication

Why: He said the jury should have been told that in order to accept the proposition the prosecution were putting forward they would have had to find that second or tertiary transfer of gunshot residue could not possibly have occurred. Prosecution account reported by CNI

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report