A MAN allegedly linked to the disappearance 30 years ago of British army officer Robert Nairac in Northern Ireland admits driving the soldier’s murderer to the scene of his death, a court heard today.
Hairs from the victim were discovered in the family car of defendant Kevin Crilly, police told Newry Magistrates’ Court.
Capt Nairac (29) was kidnapped by an IRA gang in 1977 in south Armagh, beaten and shot and his body dumped.
Det Sgt Colin Brown said: “The person he conveyed to a field has been convicted of carrying out the murder in that field.”
He added: “We can link him to that vehicle – that is the vehicle that Capt Nairac was abducted and imprisoned in.”
Mr Crilly (57) denies two charges of false imprisonment and kidnap but admits being in the Three Steps Inn in Dromintee, south Armagh, on the night of the abduction. Mr Crilly, unemployed, from Lower Foughill Road, Jonesborough, south Armagh, returned after 27 years in the United States in 2004 and contacted the police’s Historical Enquiries Team, which is probing some 3,000 unsolved murders. His intervention followed a BBC documentary on his role.
His solicitor, John Kearney, told the court that under the early release provisions for paramilitary prisoners agreed following the 1998 Good Friday peace accord, his client could serve just two years in prison. He said Mr Crilly denied any involvement in the attack but admitted his presence in the area.
Mr Brown said there was strong forensic evidence but admitted that the accused had not said he was in his family car on the night of the kidnapping.
Mr Kearney said it was an unusual case using circumstantial evidence. “It is premised upon the cobbling together of a number of verbal responses to the BBC interviewing person.”
Mr Crilly was released on £120,000 bail to reappear on July 17th at Newry Magistrates Court.
His lawyer criticised the delay of several months in police acting on his client’s voluntary contact with them.
“There was no contact from investigating police despite the fact that this man surfaced through his legal representative and contacted the HET.
“That is quite an unusual scenario in a situation where police now oppose bail on the basis where they fear absconding.”
Mr Kearney added that there was no DNA to link his client to Capt Nairac and said he disputed the link to the car.“The height of the allegation that there is a forensic connection between the deceased and the motor vehicle and the height of that connection is a suggestion as I understand it that there were hairs from the deceased found in the vehicle in question.
“There was no evidence that he was driving it on the night in question.”
There had been no admission of any false imprisonment or assault on Capt Nairac.
He said there were about 100 people in the bar but the victim was assaulted outside in the car park and there was no proof that Mr Crilly had been inside at the same time as the soldier.
“There is no evidence by way of admission or otherwise that this man was present in the car park within which this assault took place.
“There’s no evidence that this man [Capt Nairac] travelled in any motor vehicle in which the accused was present from the scene at the car park to any other relevant location.”
Despite this, prosecutor Ray Hendron opposed the granting of bail.Magistrate Nigel Broderick agreed to bail on the condition that Mr Crilly report daily to police and hand over sureties worth £120,000 guaranteeing his return for trial. – (PA)