Garda denies claim murder accused was refused lawyer

Told him what to say during interview

A DETECTIVE garda has denied the suggestion that he refused to allow a murder suspect see a solicitor and that gardaí told the accused what to say when he was interviewed about his girlfriend’s death.

Detective Garda James Nagle said he ‘strongly’ denied the suggestions put to him by defence counsel Michael Delaney SC.

Mr Delaney is defending Darren Murphy, 40, of Dan Desmond Villas in Passage West, Co. Cork.

Mr Murphy has pleaded not guilty to the murder of Olivia Dunlea at her home in Pembroke Crescent on February 17, 2013.

He pleaded guilty to her manslaughter but his plea was not accepted and he is on trial at the Central Criminal Court.

Detective Garda Nagle told the court that it is standard in Garda interviews to ask the suspect if they are happy to proceed.

He told the court that he did not ask that question at the start of the final interview with Mr Murphy, but denied this was because he knew Mr Murphy was not happy to proceed.

Mr Delaney put it to him that in each of the previous four interviews Mr Murphy was asked the question.

Detective Garda Nagle replied: ‘Every member asks questions differently, this was the way I asked on this particular occasion.’

When Mr Delaney said that he knew very well that Mr Murphy was not happy to proceed, Detective Garda Nagle said: ‘I strongly deny that.’

Mr Delaney asked him if he agreed that gardaí told Mr Murphy that there was no time to see a solicitor and that they believed he had left things out in his interviews. ‘No, I would not agree,’ he said. Mr Delaney asked him if a second garda had told Mr Murphy what to say by putting it to him that he had tried to smother Ms Dunlea and break her neck.

Detective Garda Nagle said: ‘No my lord, that did not happen.’

He also denied a claim that before the interview began gardaí told Mr Murphy: ‘You know what to say.’ The witness replied: ‘No, my lord.’ The trial will continue next Tuesday.