Trial carries on without accused

The trial for bank robbery of two brothers is continuing at Dublin Circuit Criminal Court in the absence of one of them after…

The trial for bank robbery of two brothers is continuing at Dublin Circuit Criminal Court in the absence of one of them after he failed to appear for the now 12-day-old hearing.

Mr Paul Martin (30) and Mr John Martin (29), Kippure Park, Finglas, deny robbing £132,000 in cash from the Bank of Ireland in Ardee, Co Louth, on November 17th, 1997.

Mr Paul Martin failed to appear in court on Thursday morning and the hearing was adjourned for the day to see if he would reappear. However, when the court assembled yesterday, he was not present.

Judge Patrick McCartan then told the jury that the trial would continue against both men in the absence of Mr Paul Martin. He said investigations had been made and he didn't expect the accused to return before the trial finished.

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Judge McCartan said he was asking the jury not to draw any adverse conclusion from Mr Paul Martin's absence, which might have "an innocent explanation".

Det Sgt John Melody said Mr Paul Martin told him and Det Garda John Fitzpatrick during interviews that they picked the Ardee bank because "it looked OK". He would not say if he had carried out surveillance of the bank in advance.

He reportedly said that he smashed the rear window with his fist to gain entry and entered it ahead of his brother. They took the gun and money from the getaway car when they abandoned it but he wouldn't say where they hid these items.

Det Sgt Melody told prosecuting counsel Mr George Birmingham SC that Mr Paul Martin said he and his brother had come back for the money when they were arrested at 6.27 a.m on November 18th in a laneway outside Ardee.

Mr Paul Martin also revealed that they had been driven from Finglas by a man he named, but he told the detectives they would have to ask this man if he knew there had been a bank raid.

Det Sgt Melody said Mr Paul Martin stated at one stage that he might tell the gardai the full story of the raid if others revealed anything. He had agreed that the notes of the interviews were correct but declined to sign them and wouldn't make a written statement.

When Mr Ciaran O'Loughlin SC suggested that Mr Paul Martin did not make the alleged replies to questions, Det Garda Fitzpatrick replied: "That's a scurrilous suggestion."

Det Garda Fitzpatrick said he couldn't explain why Mr Paul Martin replied to him and Det Sgt Melody but refused to answer other gardai.