Courts / Dublin / Report

"Scandalous" handling of garda informant led to unfair trial, appeal court told

Date
2017-12-05

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

In a 2017 Court of Appeal hearing, Peter Kenny's barrister argued that Kenny, convicted of murdering John Carroll in 2009, could not receive a fair trial because of the "scandalous" handling of Garda informant Joseph O'Brien. Kenny, 35, had pleaded not guilty and was sentenced to life by Mr Justice Barry White in 2011. The appeal focused on O'Brien's evidence, a known drug dealer and informant, and the manner it was obtained. Counsel claimed that O'Brien was arrested at Dublin Port, then taken to Pearse Street Garda station where he met Det. Sgt. Adrian Whitelaw and the late Superintendent PJ Brown. No notes were taken during the two‑hour meeting, and the relationship between O'Brien, Whitelaw and Brown was never documented. The barrister said the lack of documentation and contradictory statements about immunity and witness protection made it impossible for Kenny's lawyers to effectively present their case.

Who, what, where, when and why

What: Report matter: "Scandalous" handling of garda informant led to unfair trial, appeal court told. Charges or matters: the murder of John Carroll (33) who was shot dead while socialising in Grumpy Jack's pub in the Coombe on February 18, 2009. Procedural stage: appeal. Findings: Found guilty

When:

February 18, 2009 Hearing Or Sentence
July 19, 2011 Hearing Or Sentence
2017-12-05 Publication

Why: Mr Gillane said the exact parameters of the relationship between O'Brien, Det Sgt Whitelaw and Supt Brown, which the defence did not know about until just before the trial, was "never pinned down" because none of the people responsible for managing it ever took a note or shared the existence of it with anybody. Defence account reported by CNI

Case subjects

Peter Kenny

Appellant

Charges: the murder of John Carroll (33) who was shot dead while socialising in Grumpy Jack's pub in the Coombe on February 18, 2009 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; Kenny was found guilty by a Central Criminal Court jury and given the mandatory life sentence by Mr Justice Barry White on July 19, 2011.