Witness in garda-killer trial jailed for contempt of court

A KEY witness failed to give evidence in the trial of garda-killer Aaron Brady after receiving threats ‘backed by criminal or paramilitary elements’, a High Court judge has heard.

Father-of-two Colin Hoey had initially provided an alibi for Brady on the night the latter shot Detective Adrian Donohoe, but later retracted it.

Passing sentence on Hoey yesterday for contempt of court, Judge Michael White said he was ‘sure the vast majority of the decent people from south Armagh’ were ‘sick and tired of criminals’ i nvoking ‘ the green flag’ and intimidating witnesses.

Judge White said that failing to attend court on foot of a witness order was ‘ a serious matter’ but that Hoey was ‘most unfortunate’ to become involved with Brady.

The judge noted that Hoey was a ‘very decent young man’ who had been caught up in a ‘very difficult situation’ and resided with his friend Brady ‘in a nest of vipers’. But he said it is very important that ‘ good people’ stand up and respect the rule of law.

The judge jailed him for 21 days and fined him €2,000. Hoey, 30, of O’Neill Estate, Cregganduff, Co. Armagh, had pleaded guilty.

Back in August, Brady was found guilty of the 2013 murder of Det Gda Donohoe at Lordship Credit Union in Bellurgen, Co. Louth.

Last month, the 29-year-old, of New Road, Crossmaglen, Co. Armagh, was sentenced to 40 years in prison. At yesterday’s contempt hearing, Brendan Grehan SC, on behalf of the Director of Public Prosecutions (DPP), said Hoey had been advised that he was required to attend Brady’s trial on March 4. Detective Inspector Mark Phillips told Mr Grehan that Hoey did not attend court and a warrant was issued for his arrest the following day.

Solicitor Danny McNamee, for Hoey, made contact with gardaí in early October, and Hoey presented himself at the Criminal Courts of Justice on October 5. Following this, he was granted legal aid and released on bail, said Mr Grehan.

Under cross- examination by Remy Farrell SC, for Hoey, Det Insp Phillips agreed his client had made a statement to gardaí around seven weeks after the shooting of Det Gda Donohoe in which he said Brady had arrived at his house on January 25, 2013.

The lawyer said that Brady and Hoey had been friends since primary school and that both men were living in the same house at the time. Mr Farrell said his client made a second statement to gardaí on September 12, 2017 concerning the events of January 25, 2013, and that Hoey was invited to reflect on the accuracy of what was in his initial statement.

The detective agreed with counsel that the second statement, in which Hoey had withdrawn the content of his first statement, was brief. In the second statement, Hoey said the events recited may well have occurred but they had probably taken place on the day prior to January 25.

The detective further agreed that Hoey attending the Garda station for a second time was akin to him ‘facing up to things’ and a significant statement for the prosecution in the trial.

Passing sentence, Judge White said that he was sure threats issued to Hoey and his family in advance of the trial had been taken ‘quite seriously’ by them.

The judge said he was very reluctant to impose any form of sentence on Hoey, but added that the court had to be mindful of its duty. He sentenced Hoey to 21 days in prison and fined him €2,000 for contempt of court.

‘Facing up to things’