Garda charged with corruption offences expected to face Longford trial in April

The preliminary hearing was heard at Longford Circuit Courtplaceholder image
The preliminary hearing was heard at Longford Circuit Court | Longford Leader

Judge Kenneth Connolly heard on Thursday that Garda Brian Carroll of Ballinaboy, Kilteevan, county Roscommon wants to lodge an application for a separate trial.

A Garda charged with corruption-related offences has been remanded on continuing bail to appear again at Longford Circuit Court on December 1 next and there is a belief he may face a trial next April.

Defence barrister Niall Flynn BL, addressed Judge Kenneth Connolly on Thursday and said his client ​Garda Brian Carroll of Ballinaboy, Kilteevan, county Roscommon wants to lodge an application for a separate trial.

The senior counsel asked for an adjournment until December 1 and for a pre-trial hearing date to be set so that his client Garda Carroll can sever his trial from his colleague Sergeant James Muldowney of Greenville, Caltra, Ballinasloe.

Garda Carroll (42) has been charged with disclosing confidential information on September 9, 2021 to another individual at Esquires Coffee, N4 Axis Centre, Longford and attempting to obstruct the course of justice contrary to Section 62 (1) and (2) of the Garda Siochana Act.

The charge stipulates he ‘obtained in the course of carrying out duties in this office, employment contract or business or other arrangements knowing the disclosure of said information was likely to have a harmful effect’.

Garda Carroll is also charged with perverting the course of justice where it is alleged he intentionally damaged his mobile phone prior to a Garda search of his home at Ballinaboy, Kilteevan on March 16, 2022.

Sgt Muldowney (47) has been charged with stealing property namely a quantity of cash at a property at Ardnacassa on September 29, 2021.

He is also charged with allegedly using 'harm, threatening, menace, intimidate or put fear in another person 'with the intention of causing the investigation or the course of justice to be obstructed or interfered with'.

Mr Flynn said on Thursday he understood his client's co-accused Sergeant James Muldowney is also planning to lodge an application for a separate trial.

"I have spoken with the prosecution in relation to same and I think we are in agreement.

"I suggest it go back to the December sittings for the purpose of the severance application [the legal mechanism in Ireland used when two co-accused want separate trials].

"We have a view that this might be fixed for next April [for trial and] to be disposed of."

Judge Kenneth Connolly asked Mr Flynn if he 'was right in thinking it was not a legal aid matter'.

Mr Flynn replied it is not a legal aid as he provided further information to Judge Connolly.

He added, "Mr Muldowney, the co-accused, is a legal aid matter and he is represented by Mr McGreal.

"I've spoken with Mr McGreal on the matter and he has indicated that they intend to bring a similar application for separate trials.

"It probably would be prudent and expeditious for the court to hear both applications."

Judge Connolly said the first thing to ascertain is the State's attitude to the application for separate trials 'because sometimes it is appropriate and sometimes it isn't'.

He then adjourned Mr Carroll's case until December 1 next with Mr Muldowney's case already adjourned until the same date.

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