Garda’s new evidence:
‘Silage bales were at tank where body found’
AGARDA has told the ‘love rival’ trial that there has been ‘huge’ talk around Tipperary about the case. Asked if it was being followed locally, Garda Tom Finnan replied: “Hugely.”
He told the trial how he had been having coffee with colleagues in the Courts of Criminal Justice complex on Monday when he saw an aerial photograph of Mary Lowry’s farm at Fawnagowan, Co Tipperary.
At first he told the trial that he had been shown the photograph by Sgt Cathal Godfrey, who had led the missing persons search in June 2011, in order to refresh his memory.
He later corrected himself, saying he had not been shown the photograph but that it was “on the table”.
After this, he made a new, second, statement, detailing how he had seen “10 to 15” round, black polythene-covered bales of silage at the location of the tank where the remains of Bobby Ryan were subsequently found.
Garda Finnan accepted it was “far from ideal” that he put forward new information to a murder trial this week, regarding the search of a farm almost eight years ago.
He told the jury how he saw the round bales of silage at the location of the tank where the remains of Mr Ryan were subsequently found.
Garda Finnan explained that he originally thought the body was found in an open slurry tank on the farm.
The jury has previously heard that the body was found in a smaller, enclosed tank, which took run-off from the dairy.
Farmer Patrick Quirke (50), of Breanshamore, Co Tipperary, has pleaded not guilty to the murder of Bobby Ryan, a DJ known as Mr Moonlight, on a date between June 3, 2011, and April 2013.
Garda Finnan – who was involved in the initial search of the farm – said he became “unhappy” with his initial evidence after seeing a report on television last Friday week, which included aerial footage from the back of the farm.
Questioned by Bernard Condon SC, for the defence, Garda Finnan was asked how he came to be unhappy about it. He replied: “I knew I hadn’t seen the tank where the tank has been portrayed.”
“Portrayed by who?” Mr Condon asked and Garda Finnan replied: “I suppose by the media.”
He subsequently made a second statement where he outlined how he had seen “10 to 15 round bales of silage” where this tank was located.
“I searched that area and found nothing there in relation to a tank,” he told the trial, of the initial missing person search on June 7, 2011.
Garda Finnan said he had been told the body was found “in a tank out the back of the house”.
“I took it to understand that was the pit because I didn’t find any other tank to the rear of the house in my search,” he explained.
He had looked into this pit, which had only contained around “18 inches” of slurry, he said.
Garda Finnan said he had asked the lead investigator on the search team, Sgt Cathal Godfrey, if he could see the photo.
“I wouldn’t say Sgt Godfrey showed it to me. It was on the table,” Garda Finnan said.
Mr Condon asked if the witness agreed it was inappropriate for gardaí to discuss their statements in advance of giving evidence in a trial.
Garda Finnan said it would not be correct but added that they were not discussing their evidence, but rather looking at a photograph.
Put to him by Mr Condon if it might be possible that he was “extraordinarily confused about where things were”, Garda Finnan replied: “No, it is not possible.”
And when put to him that the information about the bales was not something he had ever said before, Garda Finnan said: “That was an error on my behalf, that I got the location of the tank wrong.”
He told prosecution counsel Michael Bowman SC that there was nothing organised between gardaí at the coffee shop and they did not share their statements or give opinions. He further accepted that it was “far from ideal” that he had this recollection at this “late hour”.
Questioning Garda Finnan about the conversation in the coffee shop, Mr Bowman said: “We all live in the real world here”, asking him if there was much talk in Tipperary about the case.
“Huge,” Garda Finnan replied.
Asking if the case was being followed locally, he again replied: “Hugely.”
The trial continues.
‘That was an error on my behalf... I got the location of the tank wrong’