Files on 1971 killing 'stored in disused toilet', court hears

Documents relating to the investigation into the killing of Una Lynskey in 1971 were stored in a disused toilet after they were moved from a “rat infested” former Garda Station, the Court of Criminal Appeal heard today.

Superintendent Enda Walsh told the three-judge court that material related to the 19-year-old death had to be stored in “refuse sacks” after it was moved to Drogheda Garda Station from a derelict Garda Station in County Meath, because of the threat of disease from “rats urine”.

He was testifying on the fifth day of the hearing of an application by a Meath man to have his conviction for the manslaughter of Ms Lynskey almost 40 years ago, declared a miscarriage of justice.

Martin Conmey, now 59-year-old, of Porterstown Lane in Rataoth claims “newly discovered facts” will prove he was not responsible for her death.

Her body was discovered on December 10, 1971, in a ditch in a remote part of the Dublin Mountains two months after she vanished while returning to her family home after work.

Superintendent Walsh told Mr Hugh Hartnett SC, for Mr Conmey, that in 1997 he was given the responsibility of retaining all Garda documentation related to the case while he was an Inspector at Rathmines Garda Station .

He told the court that material forming “the residue” of the Garda investigation in 1971 was retained at Drogheda Garda Station, but that it had to be stored in refuse sacks and kept in a disused ladies toilet because of the threat of disease.

The files previously lay in the former Garda Station in Dunshaughlin, a building which had become "rat infested".

Lawyers for Mr Conmey are claiming that “newly discovered” facts in their client’s case include the existence of “earlier” contradictory statements from key witnesses and a previously unknown allegation of violence and “oppression” by investigating Gardaí against one of these.

In 1972, Martin Conmey and another man, Dick Donnelly, were convicted of the 19-year-old’s manslaughter. A year later, both men appealed and Mr Donnelly’s conviction was overturned, but Martin Conmey served three years in prison for the offence.

A third man, Martin Kerrigan, was also suspected of having been involved in the crime, but he was abducted and killed a short time after Ms Lynskey’s body was discovered.

Today, the court also heard from Chief Superintendent John Courtney, now retired who was part of the Garda Technical Bureau, also known as the “murder squad” which investigated the girl’s disappearance in 1971.

The court heard that during his time with this investigation unit, Superintendent Courtney was involved in the “controversial” case of the “Kerry babies”.

He has written a book about his professional experiences, entitled “It was murder”.

Under cross-examination from lawyers representing Mr Conmey, Mr Courtney said Martin Conmey was among three men interviewed by gardaí at Trim Garda Station following Ms Lynskey’s disappearance in October 1971.

He said the men “were not suspects”, they came “voluntarily to the Station” and were “not in custody”.

Martin Conmey was at the Garda Station for 45 hours “as a potential witness” but he “wasn’t locked in any cell”.

Mr Courtney said he would “be concerned” if anyone was interviewed for a long period and “not allowed to sleep”, and that deprivation of this kind “would be very wrong”.

The court heard that “at every moment” Mr Conmey was “free to go home”.

The court also heard today that it had not been possible to obtain a written copy of the Court of Criminal Appeal’s judgement in respect of its overturning of Mr Donnelly’s conviction in 1973.

Lawyers for the State said it was believed the appeal took place over two days, and that Mr Donnelly’s conviction was quashed as there was “insufficient evidence to support the verdict”.

The hearing is taking place before the CCA of Mr Justice Adrian Hardiman presiding, sitting with Mr Justice Declan Budd and Mr Justice Eamon De Valera.

It continues tomorrow when it is expected to conclude.