Two get life for Cloverhill prison murder

Two Dublin men accused of the drive-by shooting of a 25-year-old father-of-one outside Cloverhill prison have each been sentenced to life imprisonment today at the Central Criminal Court.

Mr Justice Michael Peart said when delivering sentencing on the co-accused that "this was as cold, calculated and premeditated slaying of a young man that can be imagined".

"I wish to express the sympathy of the court to the family of Jonothan O’Reilly who will continue to suffer for a long time to come," Mr Justice Peart said.

After sentencing Mr Thomas Hinchon (aged 25) of Clondalkin and Mr Brian Kenny (aged 36) of Finglas to mandatory life imprisonment for murder, Judge Peart sentenced Mr Kenny to three years for threatening to kill Mr Joseph O’Callaghan (aged 20) and Mr Hinchon to 18-months on the same charge.

Mr Kenny was also sentenced to three years for the possession of a Berretta shotgun and to 12 months for possession of ammunition. All sentences on the co-accused are to run concurrently and are back-dated to May 2004.

Yesterday, a jury of ten men and two women found the second accused, Mr Hinchon, guilty of the murder of Mr O’Hinchon after deliberating for almost 15 hours and spending two nights in a hotel.

On Tuesday evening the jury returned a majority guilty verdict of murder on Mr Kenny and they also found both accused guilty on the charge of threatening to kill Mr Joseph O’Callaghan.

The jury had deliberated for 10 hours and 56 minutes before returning the two guilty verdicts. On Monday evening the jury delivered two further guilty verdicts on Mr Kenny on the charges of possession of a fire-arm and possession of ammunition after deliberating for four hours and 45 minutes before retiring to a hotel overnight.

Outside the court, the leading investigator in the case, Detective Inspector Thomas O’Loughlin of Lucan Garda Station said the guilty verdicts "sends out a message to people who are involved in crime that they are not immune to prosecution and investigation and ultimately the crime will end up here before the courts".

"We are extremely pleased, it was a very difficult investigation and we are pleased that it has come to a successful conclusion", he added.

Both Mr Kenny of Kilshane Cross, Finglas, Co Dublin and Mr Thomas Hinchon of St Ronan’s Close, Clondalkin denied the murder of 25-year-old Dubliner Mr Jonathan O’Reilly of St Mark’s Gardens, Clondalkin on April 17, 2004. Mr Kenny and Mr Hinchon also denied threatening to kill Mr Joseph O’Callaghan on April 17, 2004 at Finglas, Dublin.

Mr Kenny pleaded not guilty to the possession of a firearm, a Berratta single automatic shot gun on May 10, 2004 at Michelstown Cottage, Kilshane Cross, Dublin. He also pleaded not guilty to possession of ammunition on the same date.

It is alleged by the State that the deceased man was shot outside Cloverhill prison as he sat in a BMW car. A motor cycle drew up beside the car and a number of shots were fired through the car glass and struck Jonathon O’Reilly mortally wounding him, the State alleges.

Before sentencing the court heard from Detective Inspector Thomas O’Loughlin who headed the investigation into the murder of Mr O’Reilly that Mr Hinchon, a father-of-one, had 64 previous convictions and Mr Kenny, a father-of-two, had seven previous convictions.

Det Insp O’Loughlin told the court that the State’s main witness, Mr Joseph O’Loughlin and the man both accused were found guilty of threatening to kill is currently in the Witness Protection Programme.

"Mr O’Callaghan was extremely afraid for his life. As a result he is currently in the Witness Protection Programme and will remain so," he said.

Det Insp O’Loughlin said the family of the deceased man are "devastated by the loss of their son".

"They have suffered a dramatic loss of personal security and didn’t believe that their son could have any enemies", he said.

"The family wish to convey their thanks to the court and to the gardaí who worked on the case," Det Insp O’Louglin told the packed court room.

Defence barrister for Mr Kenny, Mr John Phelan told the court before sentencing that his client "continues to protest his innocence and will continue to do so", he said. Mr Justice Peart refused leave to appeal by both defence barristers, Mr Brendan Nix SC and Mr Phelan SC.

During the 4-week trial, the court heard from the State’s main witness, 20-year-old Joseph O’Callaghan. He said he was threatened by both of the accused not to open his mouth to anyone or he would be killed saying "I didn’t know what to do, I was afraid".

Mr O’Callaghan told prosecuting counsel, Mr Shane Murphy SC that Mr Brian Kenny allegedly said to him "don’t open your mouth to anyone about this or I’ll kill you".

"I felt afraid," he said. "I didn’t know what they were going to do."

Brian Kenny "told me he shot yer man, that he’d done it once and he’d no problem doing it again", Mr O’Callaghan told the court.

"He said he’d kill me if I opened my mouth. I didn’t know what to do, I was afraid," Mr O’Callaghan told the jury of ten men and two women.

Mr O’Callaghan told the jury that he first met Mr Kenny when he started collecting milk money for Mr Kenny’s milk round around Blanchardstown over seven years ago.

Mr O’Callaghan said he used to visit Mr Kenny’s house in Kilshane Cross and used to babysit for him and his partner when they went out at the weekend. The 20-year-old said in April 2004 he was staying in Mr Kenny’s house.

On the day of the fatal shooting, Mr O’Callaghan told the jury he was up in his room in Kilshane Cross when he heard voices downstairs.

"Brian Kenny called me down, it was just before the 5.30pm news," he said. Mr Hinchon, the witness said, was in the house as well.

Mr Kenny, he said told him to check the teletext in his room.

"It came up that a fella had been shot outside Cloverhill court house," Mr O’Callaghan said.

Mr Kenny, he said, read the news out because Mr Hinchon can’t read, "it said the fella was seriously injured in hospital".

Mr O’Callaghan alleged that Mr Kenny then said, "what are we going to do if he’s not dead". When asked what the mood of the two accused was, Mr O’Callaghan replied, "when it said he wasn’t dead, they were worried".

The 20-year-old said a short time later it came on the news that the "fella was dead".

Mr O’Callaghan alleges that Mr Kenny then gave him what he believed to be a handgun wrapped in a black plastic bag, "he told me to go up to the field and hide it". Mr O’Callaghan said he went up to second field and hid the gun "under all the leaves" and "put rocks and a stick over it".

When he returned to the house, Mr Kenny alleges that Mr Kenny gave him a meat cleaver and told him to cut up the contents of two black plastic bags. When Mr O’Callaghan looked inside the bags, he told the jury he saw black leather jackets, trousers, gloves and two helmets.

"Brian Kenny told me to cut them up into small pieces and burn them in the stove" using the meat cleaver, the jury heard.

Mr O’Callaghan said he began to cut the clothes up using the meat cleaver but Mr Kenny allegedly came back out and said he was doing it wrong. "Black smoke was coming out of the stove and he said the neighbours would see," Mr O’Callaghan said.

Mr Kenny then told the 20-year-old; "don’t open your mouth to anyone about this or I’ll kill you". Mr O’Callaghan also alleges that Mr Hinchon told him not to say anything to anyone about this.

The clothes were then put back into the plastic bags and put into the boot of a car, he told the jury. Mr Hinchon and Mr Kenny then drove off in a Volkswagon Passat car, returning a few hours later.

Two to three days later, Mr O’Callaghan said Mr Kenny asked for a lift to Clondalkin. When they got to a house in Clondalkin, Mr O’Callaghan said Mr Kenny spoke to a woman at her front door. After a short conversation, Mr Kenny walked to the side of the house, the court heard.

Mr Kenny, he alleges came out of the side of the house "pulling a green Kawasaki motorbike". The witness claims that Mr Kenny then drove home to Kilshane Cross on the motorbike.

Mr O’Callaghan was asked by prosecuting counsel how did he feel then about the whole incident. "I wanted to go home to my ma," he told the court.

Shortly afterwards, Mr O’Callaghan made contact with his sister and went home to his mother's house before going to the gardaí. The court heard that the witness later brought the gardaí to the area in Finglas where the gun allegedly used in the fatal shooting was discovered

Under cross examination by Mr John Phelan SC, the jury heard that Mr O’Callaghan was allegedly given "complete immunity" from prosecution for possession of €160 worth of drugs.

Mr O’Callaghan admitted that he had been arrested for possession of heroin worth €160 in 2003. Mr Phelan SC said to Mr O’Callaghan that he allegedly had been given "complete immunity" from prosecution and that this decision of the Director of Public Prosecutions (DPP) is "unconditional and irrevocable".

"You’re free as a bird from these drug charges," Mr Phelan SC suggested.

"You were facing serious charges, now suddenly you are giving evidence pointing the guilt at my client. There are three documents supporting you that no prosecution will take place. You are as safe as a house, you will not be prosecuted now or in the future," Mr Phelan suggested to the State witness.

Mr Phelan went on to suggest that Mr O’Callaghan was "facilitating the gardaí in this trial". The defence barrister for Mr Kenny said there is not a shred of evidence to suggest his client is responsible except for the witnesses’ evidence.

In short, Mr Phelan said, "you presented yourself as the picture of innocence, I have to suggest to you that you are a criminal" to which Mr O’Callaghan replied, "not anymore, I’m changed. I’ve changed for good".

The jury heard during the trial that that the reason Mr O’Callaghan took a month to go to the gardaí because he claimed Mr Kenny men has "friends in the guards".

Under cross examination by defence barrister Mr Brendan Nix SC, Mr O’Callaghan was asked why it took him a month before he went to the gardaí to tell them about the information he knew about fatal shooting.

Mr O’Callaghan told the jury that the reason was because "Brian (Kenny) has friends in the guards".

"He used to threaten me with them, he said he’d get my ma set up with heroin. I was afraid they they’d get my family," he said.

The driver of a BMW car in which Mr O’Reilly was shot in has denied accusations by defence barristers that he "deliberately drove him" to Cloverhill prison last year.

Mr Robbie O’Hanlon (aged 23) told the jury that defence barrister Mr John Phelan SC was "making accusations" against him.

The driver of the BMW car from Arthur Griffith Park, Lucan, admitted under cross examination by Mr Phelan SC that he had no insurance on the BMW car that Mr O’Reilly was shot in outside Cloverhill prison.

Mr Phelan suggested to the witness that the logical place to have parked his car was on the left hand side of Cloverhill road instead of parking it on the right leaving Mr O’Reilly, in the passenger seat, exposed on the road. Mr O’Hanlon told the defence barrister that he should get his facts right before saying; "you’re talking shit".

The defence barrister asked Mr O’Hanlon "why or how the assassin knew precisely which car and what time you would be at Cloverhill prison" to which the witness said he had "no idea whatsoever".

"You were the one that deliberately drove him" there, Mr Phelan SC suggested to the 23-year-old.

"Watch your mouth", the witnessed told the barrister. "This fella is making accusations against me. He’s also putting my life in danger. Your putting ideas in people’s heads, you’re bleeding brain dead."

Mr Phelan went on to suggest to Mr O’Hanlon that it was strange that he ran towards his car when he heard gun shots alleging that it was for "show".

"You watch your mouth, I’m standing out of this box," Mr O’Hanlon said before leaving the witness box.

Mr O’Hanlon later returned to the witness box and under cross examination by Mr Brendan Nix SC agreed that "there was word going around" that revenge was being sought against four men involved in a serious assault in 1996.

Two of the men involved in the altercation outside the Glue Pot pub in Clondalkin have subsequently been shot dead including Mr O’Reilly, a third shot and wounded and a fourth run off the road, the court heard. Mr Patrick Hegarty, the jury heard, allegedly had a concrete block dropped on his head in this assault.

The 23-year-old was asked by Mr Nix SC why he had not told gardaí after the fatal shooting that the motorbike did a u turn at Wheatfield prison before stopping at the BMW car and firing at the deceased. Mr O’Hanlon told the defence barrister to "go f**k yourself, don’t be pointing your bleeding finger at me", before telling the judge that he didn’t like the barrister’s attitude.

When asked by Mr Nix how he was able to buy a Volkswagon Golf for €13,000 cash and a BMW coupe for €6,250 cash when he didn’t work, Mr O’Hanlon said it was none of the barrister’s business and then continued to say "don’t f**king raise your voice at me, you f**king thick ya."

Mr Nix went on to ask Mr O’Hanlon that if the source of his income came from greyhounds, how much money did he make. Mr O’Hanlon told the court that he didn’t want to answer any questions that may incriminate him.