Longford judge hears Garda wants separate trial from co-accused officer
Garda Brian Carroll of Ballinaboy, Kilteevan, county Roscommon and Sergeant James Muldowney of Greenville, Caltra, Ballinasloe, county Galway are serving members in the Longford-Mayo-Roscommon Garda Division
One of two gardaí who served in the Longford Garda divisional area and are charged with corruption-related offences intends to apply to have his trial held separately to his co-accused, a judge has heard.
Garda Brian Carroll of Ballinaboy, Kilteevan, county Roscommon and Sergeant James Muldowney of Greenville, Caltra, Ballinasloe, county Galway are serving members in the Longford-Mayo-Roscommon Garda Division.
They both appeared at Longford Circuit Court last week where there case was up for mention and barrister Niall Flynn BL said a jury is required in relation to both matters.
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'.
Defence barrister Niall Flynn BL said there was an estimated trial duration of about three weeks.
He added, "I understand it is not in a position to proceed at these sessions in circumstances where Mr Muldowney is affected by the withdrawal of services [by solicitors due to the legal aid dispute]."
Mr Flynn said there is a pre-trial hearing involving Mr Carroll in relation to an application for separate trials.
The legal representative asked Judge Kenneth Connolly if he would be willing to hear that application on Thursday, October 22.
Stephen Faulkner, prosecuting on behalf of the State, said the prosecution had recently received notification of that application.
"We are taking instruction on that and perhaps it could be put in for the 22nd of October.”