Showing posts with label Garda Death. Show all posts
Showing posts with label Garda Death. Show all posts
Anthony McIntyre
muses on why an alleged party member asked for clearance from the Sinn Fein leadership before assisting Gardai in a murder investigation.

The conviction of Crossmaglen man Aaron Brady for the capital murder of Garda Adrian Donohoe sparked a wave of public commentary which saw Sinn Fein caught in the wash. There was no compelling reason for the party to find itself immersed in controversy about a killing for which it bore no responsibility. Yet as the product and prisoner of its own history, it is not unremarkable that it should find a media microphone planted right beneath its nose just before a question was fired about its attitude to law enforcement. 

According to the now retired senior Garda detective Pat Marry, during the murder inquiry he approached a Sinn Fein TD to establish if a party member would be free to assist the force in its pursuit of Adrian Donohoe's killers. The member allegedly had heard Aaron Brady boasting of his exploits.  

Darren O’Rourke, an East Meath TD for the party, said it was his belief that the Garda approach was made to the then Louth TD Gerry Adams. Adams would at the time have been President of Sinn Fein but Marry in making his move would have been aware that he was talking to a former Provisional IRA chief of staff and a person who sat on the body’s ruling army council for decades. The significance would not have been lost on Marry, nor the distinction between monkey and organ grinder. Marry needed to obtain assurances from the power behind the throne that there would be no sting in the tail for the potential witness. 

Darren O’Rourke waxed puzzled as to why Marry might feel the need to get the nod of approval from Sinn Fein in the first place:

The party has been very clear that in so many cases and so many instances that people should come and make statements and if they have information bring to the guards or the PSNI.

This might ring more true today than it did seven or eight years when the situation was not so clear. Just over a year after the murder of Adrian Donohoe, when Adams himself was arrested on suspicion of involvement in the disappearance and killing of Jean McConville, Sinn Fein was at its most vociferous and venomous, labelling as touts and informers people who had not even assisted policing agencies but who had merely taken part in an oral history project that was upended by the British state. Danny Morrison and others fronted a Sinn Fein campaign of vilification against those involved. Intimidation strutted on stilts in a failed bid to force acquiescence in the suppression of any discussion the party felt deleterious to political careers. 



In such a toxic atmosphere it is understandable that a witness might be reluctant to assist the Gardai without first running it past the party leadership. 

There are other factors that any witness then might have had to consider before coming forward with evidence about the murder of a Garda. Sinn Fein had a history of not robustly opposing the deaths of Gardai. Some of its senior leaders served on the army council of the Provisional IRA, a body that claimed the lives of more than a few Gardai over the course of its armed struggle. The senior party figure Martin McGuinness, still alive and well at the time of the Donohoe murder, had been very clear in his 1985 interview in Hot Press Magazine where he specified the conditions under which IRA volunteers could kill members of An Garda Siochana.

in certain circumstances, like in Ballinamore where IRA volunteers felt they were going to be shot dead and were defending themselves against armed gardaí and soldiers.

That ruthless mindset coupled with the Morrison smearwa could only ever induce a safety first mindset of why take a chance? Much easier to have the leadership give the green light before making the offer to assist.  

O’Rourke claims also not to have known of the existence of the culture of fear in the party, which had  been routinely resorted to throughout its existence. This is in spite of the well documented litany of bullying and the activities of the online risk-averse goonda gang who thought vilifying was a safe way to conduct active service.  East Meath no doubt is hardly comparable to West Belfast where the party and the IRA were as one in intimidating and threatening people who spoke out against their more nefarious activities. Shoot to kill in broad daylight was permissible on the streets of Ballymurphy so long as those gunning down unarmed victims were linked to Sinn Fein and not the Parachute Regiment.  

There are some signs that with the autocratic Adams no longer President the party is stutteringly moving in the direction of becoming normalised. An instinctive and natural bully, he had made the party an extension of his own personality whereby the default position was to smear, malign, ostracise and intimidate. Since he stepped back into the shadows there have been calls from the party hierarchy for its members to desist from the online smearing campaigns for which it had become notorious. One smear merchant, Paul Hefferman, was forced to walk the plank after he was caught in the act.

Nevertheless, old habits die hard, and in a party that made a religious-like observance out of Elbert Hubbart's maxim If you can't answer a man's arguments, all is not lost; you can still call him vile names, the temptation to revert to form is not easy abandoned.

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Hesitant Witness

Anthony McIntyre reflects on the conviction of South Armagh man Aaron Brady on a charge of capital murder. 

This morning, the 16th of August, 2060, 69 year old Aaron Brady was released from prison, having served forty years of a life sentence imposed after he had been found guilty in 2020 of the capital murder of a member of An Garda Siochana, Detective Adrian Donohoe. Brady emerged from the front entrance of the prison looking pale but otherwise fit and healthy for a man of his age. Asked by waiting media if he now intended getting on with his life, he frowned, stared into the distance, and said in an almost inaudible whisper, "I have no life left to get on with."

Futuristic but not improbable given the mandatory minimum sentence of 40 years that must be imposed on the Crossmaglen man next October after he was found guilty by a jury in a Dublin court last week. Presuming the tariff is held at 40, as a result of a 2013 Supreme Court ruling he should benefit from 25% remission which would see him released a decade earlier. Hardly a lot to look forward to at this stage of a sentence. 

It is a sobering thought, without much in the way of redemption. This is a tough sentence meant to punish rather than rehabilitate. Little in the way of rehabilitation is required to prepare someone to pick up their weekly pension. Whatever message such a sentence is meant to convey, it, at the same time,  invites us to ponder the Nietzsche entreaty to "mistrust all in whom the impulse to punish is powerful." 

When the trial opened, I followed it as frequently as I could. I remembered the killing of Adrian Donohoe, thinking it a particularly ruthless and brutal act of gratuitous violence. It seemed less a robbery that went wrong than a murder that went right. For the robber armed with a shotgun, there was no intention to do anything other than kill the Garda the moment he alighted from his car.

Initially, when Brady came to trial, the case against him looked very weak. I felt the Prosecution would have serious problems getting it across the line, particularly past a jury which would in all likelihood be less tuned into a state imperative to secure a conviction in a way that a judge would be. Juries have long been a democratic foil against the authoritarian instinct of judges.

As the days grew into weeks and then months I could see the threads of evidence being weaved together into a rope that would eventually become a noose around the neck of the accused. To more than a few people I commented that Brady was goosed. So when the verdict was returned there was no great surprise. It struck me that it was the only verdict that could be returned. Then I began talking to a close friend who is pretty astute when it comes to evidentiary procedures, having faced enough of them himself. Like me, he does not belong to the Society of Angels.

He raised a number of serious concerns about the quality of the evidence, feeling that it fell considerably short of the standards that a charge of capital murder should require: the consequences being so enormous, the bar should be set higher than is the norm. He was making no defence of Aaron Brady, but pointed out the dangers of relying on the binding together of a wide and disparate range of threads, that even when pulled together left  many visibly awkward joints, something which caused the prosecutor to comment that on their own each thread amounted to nothing. His attitude seemed to be that the Prosecution case was akin to rebuilding a mirror from all the broken pieces. At the end what do you actually see in it?

At that point, I came to feel that my own view of proceedings was based on the balance of probability.  I remain of the view that Aaron Brady probably did kill Adrian Donohoe. But a conviction in a criminal court rather than a civil one requires more than the balance of probability. It has to be based on evidence that must be proven beyond reasonable doubt. Probably is not good enough. 

Aaron Brady was lying through his teeth. Nobody believes he was loading cubes of diesel waste at the time of the killing. He would hardly require an alibi from his girlfriend of the time for that. But none of his lies or the other circumstantial evidence placed him at the murder scene. He could arguably have been the person who burned the car after the murder rather than being present at the Lordship Credit Union: a solid enough reason for him to seek an alibi.

Fingerprints, DNA or forensics place a person at the scene in a way that circumstantial evidence does not. The circumstantial requires imagining him at the scene rather than actually placing him there. What placed Brady at the scene is other people not at the scene themselves but who claim Brady told them he was there. This dimension of the case would have been much stronger had the US police put a wire on Brady. If he was as loose as is claimed, an admission of culpability would have been forthcoming soon enough. Instead, witnesses whose evidence was either inconsistent or possibly the result of US police inducement, figured heavily in nailing Brady as the shooter. That Brady is such a consummate liar allows for the possibility that he was lying via bragging about his role in the death of Adrian Donohoe in circumstances where he felt free and safe to embellish the tale.

Moreover, if there was enough circumstantial to convict Brady there was an equal amount of it to allow for the inference to be drawn that one of the witnesses had been induced into giving evidence.

Much of the circumstantial pertained to Brady's links to other suspects. The suspects, even if guilty, remain nothing more than suspects for now. That Brady's links to people convicted of nothing can form part of the evidential chain seems dubious. 

The Gardai are no doubt convinced that they got their man. On the balance of probability they did get him. But it is less sure that they got him justly. Justice is not merely a result, it is also a process. As the liberal tenet has it, process justifies outcome. And if the process has been tempered by foul means to secure what is considered a fair outcome ... society gets more vengeance than justice.

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Capital Murder

Anthony McIntyre shares his thoughts on the latest killing of a Garda. 

Since moving down here almost thirteen years ago three Garda have been murdered. Each killing has produced a palpable sense of loss and an intense public focus on the event. When the priest officiating at the funeral mass for Colm Horkan, shot dead in a bizarre incident earlier this week, said 'the gunshots echoed not just in the town of Castlerea but right across the country', it was easy to see why. The priest caught the dark mood of the moment that invariably descends when Garda are cut down in the line of duty.

Aaron Brady is currently on trial accused of having killed Adrian Donohoe, Adrian Crevan Mackin committed suicide immediately after cutting down Tony Golden, and Steven Silver has appeared in court charged with murdering Colm Horkan. This demonstrates, without prejudicing the Brady case, that there is a lot in the public domain about each of these killings, none of which shows the attackers in an exculpatory light. There is nothing in any of their exchanges with the dead Garda that remotely resembles a suffocating guy lashing out at some cop with a knee on the neck.

A while back the job I was doing in a nearby town led to me interacting with Garda on almost a daily basis. They were acting as private citizens so I was in their homes, drinking coffee with them, speaking to them and their families, meeting their children, exchanging book recommendations with their wives. I can still remember the names of some of their dogs. I got on great with them. If they knew anything about my background it was never mentioned. They didn't pry and never let it get in the way of what had to be done. The most that ever came up was that one mentioned that I had written a piece in one of the national newspapers. He didn’t say if he had read it. I liked engaging with them as they had an ultimately practical view of the world and were starry eyed about nothing.

It gave me an upfront insight into how embedded in the community Garda actually are and why there is such a reaction when they are killed. Their lives and line of work are held up as polar opposites to the type of people and activity that brutally claimed the life of Drogheda teen, Keane Mulready Woods at the beginning of the year.

When I lived in the North and RUC were dying frequently enough, there was never any sense of shared loss in the working class nationalist community, where the RUC were invariably seen as alien; a force that was not perceived as policing for the community but against it. Their loss was their own, not ours. I guess it took the poignant footage of a child walking behind the coffin of his late RUC father in 1997 for an empathy that was more than fleeting to sink in. 

Back then a Sinn Fein view of the world didn’t lend itself to seeing cops as anything other than enemies. The RUC were never found to be in short supply when it came to nourishing that view. But Sinn Fein have come some way over the years. The killing of Colm Horkan prompted Mary Lou McDonald to say: "This is a shocking incident and is a sad and difficult day for An Garda Síochána, not just in Roscommon but across the State." This jars completely with the moment when Martin McGuinness spelt out the conditions whereby it was okay for the IRA to kill Garda. 

There is no point in having a rose tinted view of policing that filters out its dark side. Every police force across the globe relies on coercion to get the job done and that provides scope for abuse.  Much of that coercion is societally endorsed and legislatively approved, but much goes on in the shade and out of view.  Even when the coercion is not deemed illegal, police will always serve the state even when the latter comes up against its own citizens.  

Last year I spoke with a friend over breakfast. His son had been subject to a lot of unnecessary hassle by local guards for basically doing very little. His view was that society would be better off were the Garda disbanded. I though about how that might work. It wouldn’t. Merely think about what society can afford to dispense with least. There are a lot of things it will function well without - churches, secret societies, but not the cops no matter how much they at times jar with us. In the type of societies in which we live, policing like health care is a vital function every citizen has a democratic right to. That we often complain about both is no indication of our desire to see either dispensed with.  

It is impossible to envisage of a police-free future in any society, other than Heaven which does not exist and never will exist.  Even for those of a revolutionary hue, the societies they wish to create via the abolition of the current state will still have to be policed. And on past form, trepidation is justified. Secret policing rather than visible policing has often been the dominant strain. 

So when people like Colm Horkan are killed, I no longer echo the sentiment of the revolutionary but that of the humanist gradualist. 

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Dark Mood Of The Moment