Key witness who failed to show up at Brady trial faces contempt action
A KEY witness who failed to appear in court to give evidence in the capital murder trial of Aaron Brady has been arrested and will face trial for contempt of court.
Brady was found guilty of the capital murder of Detective Garda Adrian Donohoe in 2013 by an 11-to-one majority jury verdict at the Central Criminal Court on August 11.
The 29-year-old is expected to be sentenced on October 14 to the mandatory term for capital murder of life imprisonment, with a minimum time served of 40 years.
Brendan Grehan SC, for the Director of Public Prosecutions, yesterday told Mr Justice Michael White that a bench warrant had been issued for Colin Hoey by the Central Criminal Court for failing to come to court to give evidence during Brady’s trial.
The court heard that the alleged offence is punishable by imprisonment, fine or both.
During hearings at Brady’s trial, Detective Inspector Mark Phillips of the National Bureau of Criminal Investigation said Mr Hoey was a witness of “some significance” who had provided an alibi for Brady but had later withdrawn that alibi. Detective Garda Pádraic O’Reilly testified that he had made contact with Mr Hoey to secure his attendance at the Brady trial.
He said he called to Mr Hoey’s home at O’Neill Estate, Cregganduff, Co Armagh, last March 3 and informed him that he was required to attend the Criminal Courts of Justice the following day. If he did not show up, a bench warrant would be issued. Mr Hoey did not attend.
A bench warrant was issued and Mr Hoey presented himself outside the precincts of the court yesterday morning for it to be executed.
Mr Justice White granted bail to Mr Hoey for the duration of the proceedings as well as legal aid to cover senior and junior counsel in his case.
Among the bail conditions are that he must enter his own bond of €2,000, surrender his Irish passport, live at his partner’s parents’ house in Dundalk for the duration of the proceedings and sign on daily at Dundalk garda station.
Mr Justice White warned Mr Hoey not to “mess” with the bail conditions as the consequences would be grave. The matter was put in for November 24.