Jury deliberating Aaron Brady’s capital murder charge rises for day

Accused convicted on Monday of being involved in robbery in which Det Garda Adrian Donohoe died

The jury in the trial of Aaron Brady, who is accused of the capital murder of Det Garda Adrian Donohoe more than seven years ago, is to resume its deliberations on Tuesday.  Photograph: Collins Courts.

The jury in the trial of Aaron Brady, who is accused of the capital murder of Det Garda Adrian Donohoe more than seven years ago, is to resume its deliberations on Tuesday. Photograph: Collins Courts.

 

The jury in the trial of Aaron Brady, who is accused of the capital murder of Det Garda Adrian Donohoe, has risen and will return to the Central Criminal Court on Wednesday.

The five men and seven women have spent 17 hours and 38 minutes deliberating since last Thursday.

On Monday, they returned a verdict of guilty in relation to a charge of robbery against Mr Brady (29), of New Road, Crossmaglen, Co Armagh.

The jury of five men and seven women resumed its deliberations on the charge of capital murder on Tuesday.

Mr Brady, of New Road, Crossmaglen, Co Armagh, had denied having any involvement in the robbery of €7,000 at Lordship Credit Union in Bellurgan, Co Louth on January 25th, 2013. He has also pleaded not guilty to the capital murder of Det Garda Donohoe at the same location during the course of the robbery.

During the trial the jury heard that four men jumped over a wall surrounding the credit union car park as employees prepared to leave with the day’s takings from several rural credit unions. The prosecution has alleged that Mr Brady was the gunman who fired a single shot that fatally wounded the detective.

Mr Brady told the trial that he was at a diesel laundering yard on Concession Road in south Armagh when the robbery took place.

Mr Justice White has previously told the trial that there are several possible verdicts in relation to the capital murder charge.

If they are satisfied that the prosecution has proven beyond reasonable doubt that Mr Brady was the gunman, for capital murder it must also be proven that he knew he was shooting a member of An Garda Síochána acting in accordance with his duty or was reckless as to whether it was a garda.

If they accept that he was the shooter but are not satisfied that capital murder is proven they can find him guilty of murder or guilty of manslaughter. Manslaughter, the judge said, is an unlawful killing where the accused person did not intend to kill or cause serious injury.

The defence raised the possibility of manslaughter on the grounds that the shooter may have been attempting to fire a warning shot.