Wicklow judge refuses to split trial of Meath man accused of impersonating garda and co-accused pair
The Wicklow PeopleA Wicklow judge has refused an application to separate the trial of a Meath man accused of impersonating a garda, possessing a firearm and assaulting two men, ruling that he should stand trial with his co-accused.
Donal Costello, of Ashwood Court, Ashbourne, Co. Meath, applied to have his trial severed from Rhys Maguire, of Gardiner Place, Dublin 1, and Wayne Devaney, of Stanaway Road, Crumlin, Dublin 12.
Mr Costello faces charges including possession of a firearm and ammunition in suspicious circumstances, production of an article capable of inflicting serious injury, impersonating a member of An Garda Síochána and two counts of assault causing harm. Mr Maguire and Mr Devaney are charged with assault causing harm against Mr Costello.
Senior counsel for Mr Costello, Paul O’Carroll, told the court that he also objected to a witness for the prosecution giving evidence via video link while on holiday.
Barrister for Mr Maguire, Vincent Heneghan, stated that he wishes to have the trials run together, but also objects to the witness appearing via video link.
Mr O’Carroll told the court that the “crux of the case” is an incident in Enniskerry on October 28, 2024, with his client believing he was the victim of a carjacking and assault, while the two accused believe they were acting in self-defence.
During the trial, the prosecution will allege that the two men responded to Mr Costello’s alleged actions in self-defence, but will not look at it from Mr Costello’s perspective, the court heard.
Barrister for the prosecution, James Kelly, stated that the State’s case is that Mr Devaney and Mr Maguire were coming up the road while drunk before allegedly getting into an altercation with Mr Costello. They are alleged to have then thrown an object at his car, which prompted the witness to begin recording.
He added that the two men were in the road, which Mr Costello believes was “blocking his car”, before he went to the boot of his car, took a pistol out, identified himself as gardaí and fired a shot in the air.
Mr Kelly said that Mr Devaney and Mr Maguire, who are “made of sterner stuff”, took the view that he wasn’t gardaí and “confronted him”.
It is alleged that Mr Costello proceeded to take out a Garda-issued baton and assault both men before they retaliated.
Gardaí arrived at the scene where they found rounds of blank ammunition in Mr Costello’s car. Mr Kelly stated that “to separate this case would be against common sense”.
However, Mr O’Carroll argued that it is his belief that his client won’t receive a fair trial if the matter is not severed.
In relation to the video link evidence, the court was informed that the Courts Service have new technology which allows a witness to testify and have video shown at the same time via a split screen.
Judge Sinéad Ní Chúlacháin refused the application to sever the indictment.
Judge Ní Chúlacháin concluded that it was appropriate for “one jury to establish where the blame falls” and stated that she would not exercise her discretion to sever the trials.