Gardai breached rules, court told

Gardai breached regulations and failed to provide evidence for the jury in a murder trial, a jury in the Central Criminal Court…

Gardai breached regulations and failed to provide evidence for the jury in a murder trial, a jury in the Central Criminal Court heard yesterday.

Mr Andrew Brennan (28), of St Munchin's Street, St Mary's Park, Limerick, has denied the murder of a father of eight, Mr Sean Colbert (53), of Lenihan Prospect, Limerick, who was killed outside his home on August 9th, 1996.

Mr Brennan's father, Mr Patrick Brennan (53), of St Ita's Street, St Mary's Park, Limerick, has also denied the murder of Mr Sean Colbert, as has a third accused, Mr William O'Neill (27), of no fixed abode but previously of Garryowen, Co Limerick.

Mr Martin Giblin SC, defending, put it to Det Sgt Maurice O'Connor that he failed to take notes during interrogations of the accused, thereby failing to provide evidence to the court that might have been of use to the jury.

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After a request by the accused not to make notes, about an alleged affair his mother had been having with the deceased, Det Sgt O'Connor said if he made notes, he thought it would prejudice the investigation.

The court previously heard that the State Pathologist, Dr John Harbison, said he removed two bullets from the body of the deceased which corresponded to two entry wounds he found.

He said the cause of death was internal bleeding caused by the puncturing of the right lung. A second bullet, found lodged in the hip, did not contribute significantly to death, he said.

The prosecution alleges that Mr Patrick Brennan had "procured" his son, Andrew, and Mr O'Neill to kill Mr Colbert, who had been having an affair with Mr Brennan's estranged wife.

The court previously heard that on the evening of his death, Mr Colbert was returning from a public house and was walking up the steps of his home when the shots were fired.

Bullets found at the scene and injuries to Mr Colbert's body indicated that a .22 revolver had been fired at the deceased.

The trial before Mr Justice Quirke and a jury of seven men and five women continues today.