Appeal case hears evidence from former garda

A former “murder squad” member told the Court of Criminal Appeal today that “no violence whatsoever” was “ever” used against a Meath man, by gardaí investigating the disappearance of Una Lynskey almost 40 years ago.

Chief Superintendent John Courtney, now retired, but formerly of the Garda Technical Bureau, also told the three judge court that Martin Conmey was not in custody “at any time” during the 45 hours he spent at a garda station in the days after the young woman’s disappearance in October 1971.

Mr Courtney has written a book about his professional experiences, entitled “It was murder”, including his involvement in the “controversial” case of the “Kerry babies”.

Today was the sixth day of the hearing of an application made by Mr Conmey, which is part of his attempt to have his conviction for the manslaughter of Ms Lynskey declared a miscarriage of justice.

The CCA said it would endeavour to give both parties three weeks to allow for the preparation of legal submissions on the case.

Mr Conmey (aged 59) of Porterstown Lane in Ratoath claims “newly discovered facts” will prove he was not responsible for Ms Lynskey’s 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.

Lawyers for Mr Conmey claim these “newly discovered” facts include the existence of “earlier” contradictory statements from “three lynchpin” witnesses and a previously unknown allegation of violence and “oppression” by investigating Gardai 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.

Under cross-examination from lawyers representing Mr Conmey, Mr Courtney agreed he had seen “some extraordinary things” during his time investigating high profile cases but said that he “couldn’t remember seeing bald patches” on Martin Conmey’s head while he was at Trim Garda Station in the aftermath of Una Lynskey’s disappearance.

Mr Conmey has already told the CCA he was sleep deprived, punched, thrown on the floor and then “pulled up by the hair”.

Yesterday the court heard how Mr Courtney interviewed Mr Conmey, then 20 years old, “a number of times” while at the station, and that he could “be sure”, “no violence whatsoever was ever” used against the young man.

He said Mr Conmey and two other men being interviewed “were not suspects” in a murder inquiry, and that the investigation was at that stage “always a missing persons investigation”.

Martin Conmey “wasn’t locked in any cell”, and “at every moment” he was “free to go home”.

Detective Garda Michael Fanning, now retired, also testified before the CCA today. In October 1971, he was a junior garda, involved in taking statements from potential witnesses.

A key witness in the State’s case against Mr Conmey, 62-year-old Co Meath man Sean Reilly, has already told the CCA that he was assaulted and interrogated by investigating gardaí who “put words” in his mouth, when he gave a second statement regarding the events of October 12 1971.

In his original statement, Mr Reilly said a car “would have passed” while he was outside his family home on the evening the teen disappeared on Porterstown Lane but he said it “was dark” and so “impossible” to make out who was driving it.

Four days later on Oct 24 1971, a second statement was taken from Mr Reilly in which he said he “had a good view” of the lane and that he was “sure” Dick Donnelly was driving it and “almost sure” Martin Kerrigan was in it too.

Mr Fanning today agreed before the CCA of Mr Justice Adrian Hardiman presiding, sitting with Mr Justice Declan Budd and Mr Justice Eamon De Valera that there was “a total difference” between both statements but this didn’t “strike” him at the time.

He said he was not involved in taking the first statement from Sean Reilly.

The court was also told there was no violence or “coercion used” against Mr Reilly on the part of him or his colleague. Detective Garda Fanning said he never saw his garda colleague lose his temper, and denied he was “frothing at the mouth”.