Garda killer Aaron Brady's appeal against his conviction for the murder of Detective Garda Adrian Donohoe has been adjourned until Wednesday due to Tuesday's strike by criminal barristers seeking to reverse cuts to legal aid fees.
Aaron Brady (32), previously of New Road, Crossmaglen, Co Armagh, is serving a life sentence with a 40-year minimum having been found guilty in 2020 of murdering Det Gda Donohoe (41) at Lordship Credit Union in Bellurgen, Co Louth on January 25th, 2013.
Brady, who denied any involvement in the robbery, was due to see his appeal get underway on Tuesday before three judges at the Court of Appeal.
The appeal is listed for seven days and is expected to mainly focus on defence complaints regarding two witnesses who gave testimony via video link from New York during the Covid pandemic.
Det Gda Donohoe was on a cash escort when he was ambushed by a five-man gang and shot dead. The gang fled with €7,000 in cash.
Brady's trial was also the longest murder case in Irish legal history, lasting 122 court days. He was found guilty of the murder of Det Gda Donohoe by an 11 to one majority jury verdict at the Central Criminal Court in August 2020.
The father of one was sentenced to the mandatory term for murder of life imprisonment in October 2020. As he had been found guilty of murdering a garda acting in accordance with his duty, the trial judge ordered that he serve a minimum of 40 years.
Adjournment
Before the Court of Appeal on Monday, Michael O'Higgins SC, representing Brady, said his client's case was due to commence on Tuesday, but that was not happening and Wednesday is now the anticipated start date.
Presiding judge Mr Justice John Edwards said the three-judge court had received communication that the Director of Public Prosecutions (DPP) was seeking an adjournment.
Brendan Grehan SC, for the DPP, said they had advised the DPP that due to the withdrawal of services by the entire criminal bar, they would not be available to commence the seven-day hearing on Tuesday and had asked for the appeal to be put back until Wednesday.
"Whilst myself and Mr O'Higgins might not agree on many things for the appeal, we are on common ground on this matter," he added.
Mr Justice Edwards said the Court of Appeal was grateful to counsel for updating it and that it would grant the adjournment.
The presiding judge enquired from both parties as to how the loss of the day would impact the schedule for the appeal. In reply, Mr O'Higgins said they would do their best to make up the day, but he was not in a position to indicate if Brady's appeal would take six or eight days. He said the presentation of the argument would be made as efficiently as possible.
Mr Grehan said the respondent had made a suggestion about the running of the appeal and they proposed to deal with the arguments in batches "at the choosing of the appellant".
He added: "Each batch would be replied to at that stage by counsel for the DPP before the court goes on to deal with the next issue.
"Because of the size of the case, it might make it easier for everyone to handle the enormous amount of material in that way and keep a bit of discipline on everyone."
In reply, Mr O'Higgins said the appellant commended that approach and his side would argue the case in "three logical tranches"; namely the trial points, the US side of the case and the "post evidence" parts.
The Court of Appeal adjourned the case until 10.30am on Wednesday.
