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Accused in Tallaght gun murder was in car stopped by gardai, court hears

CourtsBy Sunday World
Forensic teams at the scene of the Shay O'Byrne murder
Forensic teams at the scene of the Shay O'Byrne murder

A man accused of being a member of a "murder gang" was arrested after gardai picked him up in a silver Nissan Primera shortly after the shooting that left Seamus O'Byrne dead.

Gary Flynn (31), of Rossfield Drive in Tallaght has pleaded not guilty to the murder of Seamus 'Shay' O'Byrne at Tymon Park North in Tallaght on March 13, 2009.

At the Central Criminal Court today Detective Garda Mary Moore of the National Bureau of Criminal Investigation (NBCI) told Prosecution counsel Alex Owens SC that she stopped the Nissan in Kimmage shortly after the shooting. She said the car matched the number plate and description of a vehicle that gardai were looking for.

Det Gda Moore told Mr Owens that there were three people inside, including Mr Flynn who was sitting in the front passenger seat. Detective Garda Connell Traynor, also of the NCBI, later took the witness stand and told Mr Owens that he arrested Mr Flynn after arriving on the scene shortly after his colleague. He handcuffed Mr Flynn and placed evidence bags over his hands. He told the court that such bags are used after suspected gun murders to retain firearms' residue that could link a suspect to a shooting.

Det Gda Alan Curry of the Garda Technical Bureau later examined the Nissan Primera and found that it had no tax disk and an out-of-date NCT. All windows, except the front windscreen, had a plastic tint and there were McDonald's wrappers inside. He confirmed that a mobile phone was found in the Primera.

The court also heard from Garda Alan Young of Tallaght Garda Station who told Mr Owens that he seized a Ford Transit van on the Derry Road soon after the shooting. The van was seized outside a house belonging to a girlfriend of one of the suspects. When Sergeant John Schley of the Crime Scene Investigation Unit in Tallaght inspected the van he discovered that the chassis number did not match the licence plate on the van. He told the court that the chassis number related to a van that was reported stolen on August 20, 2008. Sgt Schley lifted a finger print from a Coca Cola bottle in the van and two prints from the door. Black and blonde wigs and a set of waterproof trousers and jacket were also found inside.

The trial continues before Justice Patrick McCarthy and a jury of nine men and three women tomorrow.