Courts / Dublin / Report

Judge begins charge in trial of man accused of Seamus O'Byrne murder

Summary

In a Central Criminal Court hearing on 14 March 2016, Justice Patrick McCarthy addressed a jury of eight men and three women regarding the trial of Gary Flynn, aged 31, who is accused of being part of a "murder gang" that shot Seamus 'Shay' O'Byrne to death in Tallaght on 13 March 2009. Flynn has pleaded not guilty. The judge explained that the prosecution's case is built on circumstantial evidence, which, while insufficient alone, can establish guilt beyond a reasonable doubt when combined. He emphasized that the standard of proof remains the same and that the prosecution must eliminate any rational hypothesis that contradicts its narrative. McCarthy clarified that the case does not allege Flynn fired the fatal shot, but that he could still be guilty as part of the common design, citing an example of a burglary gang where the getaway driver is as culpable as the breaker.

Who, what, where, when and why

What: Report matter: Judge begins charge in trial of man accused of Seamus O'Byrne murder. Charges or matters: the murder of Seamus 'Shay" O'Byrne at Tymon Park North in Tallaght on March 13 2009. Procedural stage: trial

When:

• March 13 2009 Hearing Or Sentence
• 2016-03-14 Publication

Case subjects

Places mentioned

Topics

Burglary Stage Trial Violent Crime

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Read the original CNI report