Courts / Louth / Report
DPP wants retrial after conviction for conspiring to steal Det Gda Adrian Donohoe getaway car is overturned
Summary
The Director of Public Prosecutions has sought a retrial for James Flynn, a 34-year-old appellant, following the Court of Appeal's decision to quash his conviction for conspiring to steal the getaway car used in the 2013 Lordship Credit Union robbery, where Detective Garda Adrian Donohoe was killed. The appeal court found that the Special Criminal Court breached Flynn's right to natural justice by amending the indictment to secure a guilty verdict on the conspiracy charge without consulting legal teams. While the DPP argues this results in no verdict and requires a return to the Special Criminal Court, Flynn's counsel, Bernard Condon SC, contended that a retrial would be unfair given he has served 44 months in custody since his 2021 extradition from the UK. Condon also argued the court lacks jurisdiction to order a retrial on the original conspiracy charge, as Flynn was acquitted of that specific count. The three-judge panel, comprising Mr Justice Patrick McCarthy, Mr Justice John Edwards, and Ms Justice Tara Burns, reserved their judgment on the proposed disposal. Flynn was originally sentenced to eight years' imprisonment in December 2023 for the conspiracy to steal the Volkswagen Passat, a sentence that remains subject to the current appeal proceedings.
Who, what, where, when and why
What: Report matter: DPP wants retrial after conviction for conspiring to steal Det Gda Adrian Donohoe getaway car is overturned. Procedural stage: appeal
When:
- January 25, 2013 Hearing Or Sentence
- January 2013 Hearing Or Sentence
- July 2021 Hearing Or Sentence
- July 15, 2021 Incident
- January 22 Hearing Or Sentence
- December 2023 Incident
- 2012 and 2013 Other
- 2025-03-18 Publication
Why: Mr Condon also submitted that the court has no jurisdiction to order a retrial on the original conspiracy charge because, he said, his client has already been acquitted on that charge. CNI source report
Case subjects
Appellant
Outcome: Sentencing Mr Flynn to eight years imprisonment in December 2023, Mr Justice Hunt said that at the time when Flynn conspired to steal the Volkswagen Passat he "knew the full purpose of the conspiracy to burgle" and that the conspiracy "encompassed an integral aspect of the robbery" which took place three nights later.
Places mentioned
- Court of Appeal
- Special Criminal Court
- Lordship Credit Union
Topics
Related court reports
- NI man refused bail ahead of retrial on Lordship-related robbery charges
- Gardai concerned about potential witness intimidation in Lordship-related trial
- Retrial for man accused of conspiring to steal cars with garda killer Aaron Brady
- Conviction for conspiring to steal Det Gda Adrian Donohoe getaway car is overturned
- Gang member only heard of change to Lordship getaway car conspiracy charge after he was convicted of it, appeal hears
- Cross-border gang member who once offered £1m in bail sureties gets legal aid
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request