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Garda surveillance evidence unreliable, defence tell murder plot trial
Summary
In a Special Criminal Court hearing on 25 November 2019, defence counsel Giollaiosa Ó Lideadha argued that surveillance evidence presented by Gardaí in the conspiracy‑to‑murder case against 37‑year‑old Liam Brannigan of Bride Street, Dublin 8, was unreliable and should be excluded. Brannigan, charged with conspiring to murder Gary Hanley between 15 September and 6 November 2017, pleaded not guilty. The defence highlighted that the prosecution had not shown any phone linked to Brannigan was actually used by him, and that surveillance officers had failed to take notes, undermining the integrity of the evidence. The court had previously heard that six vehicles were bugged and that conversations recorded in those vehicles were attributed to Brannigan, Joseph Kelly, Luke Wilson and Alan Wilson based on phone data.
Who, what, where, when and why
What: Report matter: Garda surveillance evidence unreliable, defence tell murder plot trial. Charges or matters: conspiring to murder Gary Hanley at a location within the State between September 15th and November 6th, 2017; the same offence and been jailed; conspiring to murder Mr Hanley; unlawful possession of a Beretta, was jailed for 11 years; Alan Wilson was given six years and Joseph Kelly, who also admitted a weapons charge, was jailed for 12 years. Procedural stage: sentence
When:
- September 15th Incident
- November 6th, 2017 Incident
- November 6, 2017 Incident
- 2019-11-25 Publication
Why: However, Mr Ó Lideadha told the non-jury court that "in order to ensure a fair trial and uphold the constitutional right to a fair trial", the court must "exclude all of the evidence of the National Surveillance Unit officers, having regard to the endemic, systemic failures to adhere to minimal standards of fair and transparent evidence gathering". CNI source report
Case subjects
Background Person
Charges: conspiring to murder Mr Hanley; unlawful possession of a Beretta, was jailed for 11 years; Alan Wilson was given six years and Joseph Kelly, who also admitted a weapons charge, was jailed for 12 years (Admitted)
Plea: Guilty
Outcome: Luke Wilson, who also pleaded guilty to unlawful possession of a Beretta, was jailed for 11 years; Alan Wilson was given six years and Joseph Kelly, who also admitted a weapons charge, was jailed for 12 years.
Background Person
Charges: conspiring to murder Mr Hanley; unlawful possession of a Beretta, was jailed for 11 years; Alan Wilson was given six years and Joseph Kelly, who also admitted a weapons charge, was jailed for 12 years (Admitted)
Plea: Guilty
Outcome: Luke Wilson, who also pleaded guilty to unlawful possession of a Beretta, was jailed for 11 years; Alan Wilson was given six years and Joseph Kelly, who also admitted a weapons charge, was jailed for 12 years.
Convicted Person
Charges: conspiring to murder Gary Hanley at a location within the State between September 15th and November 6th, 2017; the same offence and been jailed; conspiring to murder Mr Hanley; unlawful possession of a Beretta, was jailed for 11 years; Alan Wilson was given six years and Joseph Kelly, who also admitted a weapons charge, was jailed for 12 years (Alleged Or Contested)
Plea: Not guilty
Background Person
Charges: the same offence and been jailed; conspiring to murder Mr Hanley; unlawful possession of a Beretta, was jailed for 11 years; Alan Wilson was given six years and Joseph Kelly, who also admitted a weapons charge, was jailed for 12 years (Admitted)
Plea: Guilty
Outcome: Luke Wilson and Alan Wilson, have previously all pleaded guilty to the same offence and been jailed. Luke Wilson, who also pleaded guilty to unlawful possession of a Beretta, was jailed for 11 years; Alan Wilson was given six years and Joseph Kelly, who also admitted a weapons charge, was jailed for 12 years.
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