Supreme Court varies retrial order for James Flynn after dismissing appeal

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Supreme Court dismissed James Flynn’s appeal but varied the Court of Appeal’s retrial order, directing that he be retried for the conspiracy offence on the amended indictment. The Court said the retrial could proceed on that charge, concerning an alleged agreement with Aaron Brady and another to enter a Clogherhead home in January 2013 and steal the householder’s car keys.

The Court of Appeal had quashed Flynn’s conviction after finding the Special Criminal Court amended the indictment without giving the parties notice or an opportunity to make submissions. It then ordered a retrial on the original indictment. The Supreme Court held that the appeal court could order a retrial only for the offence on which Flynn had been convicted, and concluded the public interest favoured a retrial on the amended charge. The Supreme Court ruling does not establish that the allegation is true.