Accused was part of 'murder gang' that executed victim, court told

CourtsBy Sunday World
The scene where Shay O'Byrne was shot dead in 2009
The scene where Shay O'Byrne was shot dead in 2009

The prosecution in a murder trial intend to show that a Dublin man was part of a "murder gang" that gunned down a man in the doorway of his home and shot a woman who grappled with the shooter, the Central Criminal Court heard on Monday.

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 opening of his trial today prosecution counsel Alex Owens SC told the jury that the prosecution intends to show that Mr Flynn was part of a gang that planned and executed the murder of Mr O'Byrne.

Mr Owens said the gang met at Moran's Hotel on Naas Road in Dublin and traveled to Tallaght in three vehicles: a Nissan Primera, a Volkswagen Golf and a Mercedes Van.

They left at about 7.30pm and traveled through the East Link toll.

He said that when they reached Tymon Park, at about 8.15pm, a member of the gang shot Mr O'Byrne but was then tackled by Sharon Rattigan, who had been waiting for

Mr O'Byrne in  a car outside. He said that the shooter fell over a wall and got separated from the rest of the gang and Ms Rattigan suffered a bullet wound to the leg. "The result of that was things started to unravel," said Mr Owens, adding that the shooter made his way back to Moran's Hotel alone.

Mr Owens said it is the State's case that Mr Flynn was a member of the gang and that he was involved in the "common design" to murder Mr O'Byrne.

Mr Owens told the jury that when a person is murdered it is possible that more than just the person who pulled the trigger is guilty of that murder.

He said it is similar to when a house is burgled and while only one person might enter the house, those involved in planning the theft, providing equipment or helping to transport the stolen goods are also guilty of the crime.

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

- Eoin Reynolds