Two men accused of the murder of gangland figure Eamon Kelly in a shooting in Dublin in 2012 have been sent forward for trial to the Special Criminal Court.
Kenneth Donohoe, (43) of Hazelgrove Estate, Tallaght, Dublin 24, and Darren Murphy (49) of Rory O'Connor House, Dublin 1, have objected to the Director of Public Prosecutions' (DPP) decision to have them returned for trial before a non-jury court.
They were charged in May with murdering criminal Eamon Kelly at Furry Park Road, Killester, on Dublin’s north-side, on December 4th, 2012.
They also faced a connected firearms charge for unlawful possession of a Glock pistol with intent to endanger life.
Father-of-nine Kelly (65) was shot a number of times in the chest as he walked towards his home.
The two men were remanded in custody on May 8th after appearing at Dublin District Court but were subsequently granted High Court bail.
They appeared again at Dublin District Court on Tuesday when they were served with books of evidence by Detective Garda Basil Grimes.
Pursuant to the Offences Against the State Act, the DPP asked Judge Geraldine Carthy to send them forward for trial to a sitting of the Special Criminal Court.
The DPP had obtained a certificate under the Offences Against the State Act that, in this case, the ordinary courts were inadequate to secure the administration of justice. The certificate was furnished to the judge by a State solicitor.
Judge Carthy consented to the DPP’s request to send them forward for trial to the Special Criminal Court. A date for their next hearing has not yet been set.
The two men spoke briefly in court to indicate they understood that they must notify the prosecution if they intended to use alibis in their defence.
They are objecting to their trial being heard in a non-jury court.
Richard Young, solicitor for Mr Donohoe, told Judge Carthy, “It is his desire to be tried before a jury of his peers, before the ordinary courts. He fails to see why he is being sent forward to the Special Criminal Court.”
“He is reserving his position in relation to being sent forward to the Special Criminal Court,” he added.
Mr Murphy’s solicitor, Robert Purcell, informed Judge Carthy that his client had the same objection.
“He wants to express his right to trial before a jury rather than a non-jury court. We will be reserving our position in relation to jurisdiction and what we are going to do in relation to the matter,” Mr Purcell said.
Legal aid was granted and an order was made for disclosure of video recorded Garda interviews.