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News and updates about Garda interviews

Our solicitors post regular updates about their work and changes to the law. Why not subscribe to the newsletter? Instructing a solicitor, early-on, in any criminal matter is the only way to get the best possible result.

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Aaron Brady gave voluntary statement to Garda, court told

18/8/2020

 
Below is an extract from acourt report by Eoin reynolds, of breakingnews.ie, from July 20th. The court report details the circumstances surrounding the voluntary statement given by the now convicted murderer, Aaron Brady. The original, full story can be found here.

​Aaron Brady (29) from New Road, Crossmaglen, Co Armagh pleaded not guilty to the capital murder of Det Gda Adrian Donohoe, but was subsequently found guilty of Capital Murder.
Det Garda Adrian Donohoe's killer gave Gardai a voluntary statement after his then solicitor advised him not to do so if he had anything to do with the robbery and fatal shooting, the Central Criminal Court has heard.

Solicitor Daniel McNamee took the stand on Monday after the accused man, Aaron Brady, waived his solicitor-client privilege. The solicitor told defence counsel Michael O'Higgins SC that the accused was "extremely concerned" in early February of 2013, because he was being linked to the murder on social media. He said Mr Brady and his father Tony Brady had arranged for Aaron Brady to speak to Gardai as a witness on a voluntary basis and Tony Brady asked Mr McNamee for advice.

Mr McNamee told defence counsel Michael O'Higgins SC: "I advised him that if he had anything to do with it he should under no circumstances attend as a witness." He explained that a person giving a witness statement does not have the same legal protection under the criminal code as a suspect and this is standard advice he would give to any client. Mr Brady subsequently went to Dundalk Garda Station where he gave a voluntary statement on February 5th and 6th, 2013.

Mr McNamee, who no longer acts for Mr Brady, also said that Mr Brady told him prior to giving those statements that he was loading cubes of laundered diesel waste at a yard in Cullaville, south Armagh on the evening when Detective Garda Donohoe was shot.

When Mr Brady spoke to gardai he told them he went to the yard but was unable to load any cubes because he couldn't start a forklift that he was supposed to use. During his trial Mr Brady has said that in fact the forklift did start and he spent about 90 minutes to two hours loading cubes of diesel waste from about 8pm. The robbery and shooting happened between 9.25pm and 9.30pm. Mr Brady has said that he lied to gardai because he didn't want to implicate himself in diesel laundering.

Mr McNamee told prosecution counsel Brendan Grehan SC that he didn't place much importance on it when when he heard Mr Brady tell Gardai the forklift didn't start and he left the yard after about 15 minutes. Mr Grehan asked him if that account seemed different to what Mr Brady had told him before speaking to gardai. "No it didn't," the solicitor replied.

The solicitor further told Mr Grehan that he has no notes of the conversation in which Mr Brady told him that he had been laundering cubes of diesel waste. He said he would not normally keep notes when dealing with a witness statement.

Mr McNamee also told Mr Grehan that he has represented two other men who have been named during the trial as suspects for the robbery.

Aaron Brady (29) from New Road, Crossmaglen, Co Armagh has pleaded not guilty to the capital murder of Det Gda Adrian Donohoe who was then a member of An Garda Siochana on active duty on January 25th, 2013 at Lordship Credit Union, Bellurgan, Co Louth.

Mr Brady also pleaded not guilty to a charge of robbing approximately €7,000 in cash and assorted cheques on the same date and at the same location.

Aaron Brady has since been found guilty of the Capital Murder of Det Garda Adrian Donohoe.

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About Garda Station Interviews

​If you are attending a Garda station to give a statement or to be interviewed, You require a solicitor. Regardless of your innocence or guilt, it is important that you have a solicitor present to ensure your rights are protected. Garda Stations can be hostile and intimidating.  Most people have never been arrested.  An arrest is a terrifying experience.  It is frightening and isolating.  The whole process of arrest and detention for 6 hours, 12 hours, 24 hours and in some cases for longer will place you under maximum psychological and emotional pressure.  The Gardai may make you feel like you have to say something that you do not want to say.  You do not have to say anything, even if you have been arrested, it is your legal and constitutional right to say "no comment" to every question, even to questions that appear innocuous. 
​Our solicitors will attend with you at any Garda Station in Ireland, and ensure that your rights are protected

Our Garda Interview Solicitors

Phelim O'Neill Solicitor

B.A. , LL.B., LL.M.
Harringtons Solicitors
Kingsbridge House 17-22 Parkgate Street
Dublin 8
​Co Dublin
Partners: Phelim O'Neill & David Harrington
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Emergency solicitor: (086)838 6296

Phelim O'Neill has extensive experience in all areas of Irish criminal law, including District Court representation, as well as trial work in the Circuit Criminal Court, the Central Criminal Court, the Special Criminal Court, and the Court of Criminal Appeal.

Phelim has offices in Dublin and the Midlands, and serves courts all across Ireland with a team of Ireland's leading barristers.

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information you need before giving a statement to the guards

If An Garda Síochána want you to attend at a Garda station for them to speak to you, it's probably because you have been accused of being involved in a crime, in some way. Gardai will only take statements from people when investigating a  potential crime. They may be trying to ascertain if the information they have gathered is true, in full or in part, so, if they want to speak to you, in a Garda station, you have been linked to a crime in some way. They can ask you to attend voluntarily at a Garda station, to give a statement or be interviewed, even if you are a suspect. It is vital that you obtain legal advice in advance of speaking to the Guards or giving them any statement.

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We offer a Free Consultation by phone to discuss your needs for a criminal defence solicitor. We will discuss your case in full confidentiality and provide advice on how best to proceed. This a no-commitment consultation. We'll be able assess your eligibility for free legal aid during this consultation, also.

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