Courts / Armagh / Report
Gang member only heard of change to Lordship getaway car conspiracy charge after he was convicted of it, appeal hears
Summary
James Flynn, aged 32, was acquitted of taking part in the 2013 robbery of Lordship Credit Union in Bellurgan, Co. Louth, where Detective Garda Adrian Donohoe was shot dead. However, the Special Criminal Court later convicted him of conspiring with Aaron Brady to steal a Volkswagen Passat that was used in the robbery. The conviction was based on an amendment to the indictment made after the trial, which narrowed the period and location of the alleged conspiracy and changed the accused person. Flynn's barrister argued that the amendment was made without giving Flynn an opportunity to challenge it, violating fundamental fairness. The Court of Appeal heard arguments about the admissibility of witness Andy Wooller's forensic vehicle identification evidence, which was described as lacking scientific basis. The court adjourned the matter, reserving its judgment. The case remains at the appeal stage, with no further outcome reported.
Who, what, where, when and why
What: Report matter: Gang member only heard of change to Lordship getaway car conspiracy charge after he was convicted of it, appeal hears. Charges or matters: a charge which was "never put to him" and on which he was "never given the opportunity to plead". "At the level of fundamental fairness, it's baffling to us why the court didn't come out and say: 'We've reached an impasse,'" he said. "The first we heard that this offence was out there was after we had been convicted of it," he added. Procedural stage: appeal. Findings: Convicted
When:
- 25 January 2013 Hearing Or Sentence
- January 2013 Incident
- September 2012 Incident
- February 2013 Incident
- January 22nd Incident
- December 2023 Incident
- 2025-01-16 Publication
Why: Prosecution counsel Lorcan Staines SC countered that the court could "go much further than Mr Wooller" in identifying the car because they "have more information than Mr Wooller". Prosecution account reported by CNI
Case subjects
Appellant
Charges: a charge which was "never put to him" and on which he was "never given the opportunity to plead". "At the level of fundamental fairness, it's baffling to us why the court didn't come out and say: 'We've reached an impasse,'" he said. "The first we heard that this offence was out there was after we had been convicted of it," he added (Proven)
Finding: Convicted
Outcome: Convicted; Brady is serving a life sentence with a minimum of 40 years for the offence.; After thanking the parties for their submissions, Mr Justice Edwards told the parties that the court would be reserving its judgment and adjourned the matter.
Places mentioned
- Court of Appeal
- Special Criminal court
- Lordship Credit Union
Topics
Related court reports
- Polish man who 'caused mayhem' at Dublin Airport has jail term halved
- Double murderer's conviction upheld, despite claim expert testimony lacked 'scientific validity'
- Migrant chef paid €1.61 an hour for 90-hour weeks in case branded 'economic slavery'
- Gun-runner who sold assault weapons to criminal gangs will have cash returned to him
- 'Ireland's top criminals, LOL': dual citizen gun runner gets 10 years
- Smuggler was vital to gang importing military-grade firearms, court hears
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request