Courts / Louth / Report
Retrial for man accused of conspiring to steal cars with garda killer Aaron Brady
Summary
The Court of Appeal has ordered a retrial for James Flynn, 34, who successfully appealed his conviction for conspiring to steal the getaway car used in a 2013 credit union robbery in which Aaron Brady shot and killed Det Gda Adrian Donohoe. Ms Justice Tara Burns rejected Flynn's argument that a retrial would be unfair given his custody since July 2021, noting he had not fully served his original eight-year sentence. The court quashed his conviction because the Special Criminal Court unlawfully amended the indictment after his trial concluded, breaching his right to natural justice. Although Flynn was acquitted of the robbery charge, the DPP sought a retrial on the original conspiracy count. The court dismissed arguments regarding witness memory and prosecution delay, citing the public interest in a valid final verdict. Flynn, who was in custody pending extradition from the UK, was remanded by Mr Justice Kerida Naidoo for a bail hearing scheduled for April 28th. The matter is adjourned for this bail application, and the retrial has been ordered on the original charges.
Who, what, where, when and why
What: Report matter: Retrial for man accused of conspiring to steal cars with garda killer Aaron Brady. Procedural stage: appeal
When:
- July 2021 Incident
- January 25, 2013 Hearing Or Sentence
- January 2013 Hearing Or Sentence
- July 15, 2021 Hearing Or Sentence
- April 28th Adjournment
- 2025-04-10 Publication
Why: It was also submitted that the court had no jurisdiction to order a retrial on the original conspiracy charge because Mr Flynn had already been acquitted of that charge. CNI source report
Case subjects
Appellant
Outcome: She noted that the appellant had been sentenced to eight years in prison, backdated to reflect his time in custody. She said that as he had spent almost four years in custody, he had not fully served the sentence imposed on him.; Mr Justice Kerida Naidoo remanded Mr Flynn in custody for a bail hearing on April 28th.
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
- DPP wants retrial after conviction for conspiring to steal Det Gda Adrian Donohoe getaway car is overturned
- 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