Brady appeal argues non-disclosure of letters 'unfair'

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Documentation that limited the evidence two US special agents could give at the trial of Aaron Brady was not disclosed to his defence team, the Court of Appeal has been told.

Brady, who was jailed in 2020 for a minimum of 40 years for the murder of Detective Garda Adrian Donohoe, is bidding to overturn his conviction in a six-day hearing before the Court of Appeal.

Counsel said the letters had directed the agents not to disclose the immigration status of relevant prosecution witnesses in the case. In an often spiky encounter with Mr O'Higgins, who defended Brady during his trial, Special Agent Wade repeatedly refused to answer questions about the immigration status of key witness Daniel Cahill and insisted she did not promise or offer him anything.Mr O'Higgins asked if, regarding the Brady investigation, there were ever any discussions about telling people who had overstayed their visas that if they failed to cooperate with gardaí they would be sent home.

In reply, Brendan Grehan SC, for the Director of Public Prosecutions, said the letters of scope did not have anything to do with the disclosure of the documentation in the case but were in place because the two special agents were being asked to make themselves available as witnesses in the case.

 

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