Courts / Dublin / Report
"Novel and startling" to exclude witness evidence due to lack of notes, court finds
Summary
In a Special Criminal Court hearing on 3 December 2019, the three‑judge panel, led by Mr Justice Paul Coffey, rejected a motion to exclude surveillance evidence on the basis that officers had not taken notes during the Kinahan cartel conspiracy‑to‑murder investigation. The court found that the lack of notes did not breach minimal standards of fairness and admissibility, and that the observations were made for intelligence gathering rather than for investigating a crime already committed. The judge also considered the evidence linking accused Liam Brannigan (aged 37) to a mobile phone (PB3) allegedly used by conspirators. After reviewing the prosecution's case, the court concluded that sufficient evidence existed to convict Brannigan of conspiracy to murder Gary Hanley, and therefore denied a direction of acquittal. Brannigan remains in custody until a judgment is delivered on 3 February. Liam Brannigan pleaded not guilty.
Who, what, where, when and why
What: Report matter: "Novel and startling" to exclude witness evidence due to lack of notes, court finds. Charges or matters: 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
- February 3 Adjournment
- 2019-12-03 Publication
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: 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
Outcome: Mr Justice Coffey, presiding, sitting with Judge Sinéad Ní Chúlacháin and Judge James Faughnan, remanded Mr Brannigan in custody until February 3, when the court will deliver judgment on the case.
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.; Mr Justice Coffey, presiding, sitting with Judge Sinéad Ní Chúlacháin and Judge James Faughnan, remanded Mr Brannigan in custody until February 3, when the court will deliver judgment on the case.
Places mentioned
- Special Criminal Court
- Francis Street
- Hanover Lane
Topics
Related court reports
- Man charged with having 56k child abuse images and videos remanded on bail
- Ex-Dáil hopeful's allegations against former employer 'complete fantasy', WRC told
- Mater must pay €10k to worker who said he was wrongly accused of abusing patient
- 'I think we know I won't be getting bail' - Daniel Kinahan charged with directing criminal organisation
- Letting agent who claimed alleged domestic violence victim abandoned tenancy by fleeing to refuge must pay €14.7k
- 77-year-old with 470 convictions told Luas staff to 'f**k off'
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request