Man sentenced for perverting course of justice in murder case
A 37-year-old man has been sentenced to three and a half years yesterday at the Central Criminal Court for perverting the course of justice and withholding information from gardaí, in relation to the murder of a man whose body was found in a Co Waterford wood.
The trial heard that Martin Nolan (aged 34) from “An Halla”, Newtown House in Tramore Co Waterford had disappeared after visiting his solicitor and accountant on November 10, 1999. To date, no one has been charged with his murder.
Mr Gary Penkert, originally from Griffith’s Place in Waterford, was found guilty last week by a unanimous verdict of the jury on one count relating to changing the tyres of a motorcar, which contained potential evidence relating to an attempt to destroy Mr Nolan’s body by fire on July 6 or July 7 2000.
Mr Penkert was also found guilty by a majority verdict of 11 to 1 of withholding information which he knew or believed would be of material assistance to the gardaí in securing, apprehending or prosecuting another person in relation to the murder, without reasonable excuse.
Mr Justice Roderick Murphy said a "significant sentence" was "justified" in this case before he imposed two sentences of three and a half years on each count to run concurrently and he backdated the sentences from June 24, 2004.
Sgt Anthony Pettit told prosecuting counsel, Mr Alex Owens SC, that Mr Penkert had fled Ireland on July 7 2000 for America and did not return home to Ireland for nearly four years.
Sgt Pettit told the court that after Mr Penkert returned home from America on June 24, 2004, he was charged with the offences which were before the court.
During the trial, the court heard Mr Penkert was never suspected of involvement in the murder of Mr Nolan. He was also cleared by the jury of assisting an offender contrary to section 72 of the Criminal Law Act 1997 on a date unknown between November 10th and 12th 1999 and of perverting the course of justice by removing or concealing the body of Mr Nolan during the same period.
At the end of the prosecution’s case, Mr Justice Roderick Murphy also directed the jury to find Mr Penkert not guilty on one charge each of assisting an offender and perverting the course of justice.
Evidence was heard during the trial that Mr Nolan was last seen near the Avondale housing estate in Waterford at around 7pm on November 10, 1999.
Prosecuting counsel Mr Alex Owens SC said he called to see his former girlfriend before parking his car and heading off on foot. His father and brother noticed he was missing the next day and called gardaí.
A few days later, forestry officials noticed “fresh blood covered by sand” and gardaí discovered a piece of bone which they believed to be human. A few months later, two fishermen were in the Clondonnell woods on the south Tipperary and Waterford border and saw a fire.
However it was not until July 5, 2000 that the two men returned and discovered a makeshift funeral pyre containing Mr Nolan’s remains.
Mr John O’Kelly SC, defending had told the jury during the trial that Penkert was very frightened by the men he was with and remains in fear of his life. Speaking after the jury returned their verdict, investigating gardaí again appealed for anyone with information about the disappearance of Mr Nolan to come forward.
“Even though it was six years ago the case is not closed. It’s still open,” said one officer.
