‘Truth out there’ Full article by Maresa Fagan in The Irish Times

Fr Niall Molloy: ‘Truth out there’ as chapter in unsolved death closes

Relatives believe it is not too late to find answers; Man acquitted of 1985 manslaughter dies

Drizzle fell as a stream of cars began to arrive on Monday into Tubberclair, near Athlone a half an hour before the funeral mass began.

Two hundred mourners had come to mark the passing of Richard Flynn, a man acquitted of assault and manslaughter of a priest in a trial that lasted less than a day, 30 years ago, which still remains controversial.

Mr Flynn’s daughter Sandra read William Butler Yeats’s The Lake Isle of Innisfree, while his grandchildren brought gifts at the start of the service, remembering his life.

They included a photograph to show his love of family, a rugby ball marking his passion for sport, an Irish language book for his love of Gaelic and a radio for his abiding interest in current affairs.

Later, the Galway-born native, who had lived into his 80s and died in a nursing home after a long illness, was laid to rest beside his late wife Therese in the cemetery adjacent to the church.

Truth

Mr Flynn’s passing closes another chapter in the unsolved killing of Fr Niall Molloy in 1985, though the priest’s relatives believe that the truth is still to be uncovered despite the passage of the years.

It was a case that shocked and fascinated: a priest found dead in the bedroom of a prominent business couple in 1985 was the stuff of popular soap operas, like Dynasty and Dallas, but not life in a rural village in the Irish midlands.

In the words of The Observer, one of many international titles to follow every twist and turn, it offered a “rich mix” of religion, high finance, horse breeding and even politics.

For the Roscommon-born Fr Molloy, July 7th began as usual, with the celebration of Sunday Mass in his parish of Fuerty. Later, however he made his way to Clara in Co Offaly.

There, he went to Kilcoursey House, the home of his friends of three decades, Richard and Theresa Flynn to join in the revelries of a family wedding that had taken place the day before.

He was a frequent visitor to the 23-roomed Tudor-style home. The former Army Chaplain shared an interest in horses and show jumping with the Flynns, who owned and ran a number of businesses in the Midlands.

Within hours, however, the keen horseman was found dead in the house’s master bedroom: the exact time of death remains uncertain, like much else that night, but it was sometime between 10pm and the early hours of Monday.

Emergency Services 

His face was bloodied and bruised. His body showed no defensive marks. A long bloody dragmark on the white bedroom carpet suggested the body was moved. Blood smears and spatters were evident in the room and elsewhere.

Emergency services were never called. Medical evidence later suggested the priest may have been alive for several hours after the assault. Richard Flynn telephoned a now-deceased local priest at 1am to come and be prepared for an anointment.

It was after 3am before local gardai were alerted. By this time the family doctor, who like many others in the story is now dead, was at the house, as were other members of the Flynn family; Therese Flynn had been taken to hospital.

When questioned, Richard Flynn admitted he was the culprit. Charged subsequently with the manslaughter and assault of Fr Molloy the 47-year-old businessman was acquitted of all charges a year later.

In a trial that lasted less than four hours, Justice Frank Roe, then President of the Circuit Court, directed the jury to acquit. The medical evidence, Judge Roe said, was inconclusive and it would be improper to convict on Mr Flynn’s statement alone.

“It is a little bit unusual but not improper of me to say that no one intended any injury to be caused,” Judge Roe remarked. The acquittal came despite Garda concerns over monies owed to Fr Molloy after a land deal fell through.

A month later, a jury in an inquest decided, however, that that Fr Molloy had, in fact, died from head injuries, which prompted a public outcry and calls in political circles for the case to be re-examined.

Medical Evidence

In 1988 even more questions were raised when new medical evidence suggested that Fr Molloy had survived for a number of hours after the assault. In the years that followed there were a succession of yet more extraordinary twists and turns.

Files on the case were among a batch stolen from the offices of the Director of Public Prosecutions in August 1987 – in a theft carried out, it is believed, by criminal, Martin Cahill, otherwise known as The General.

In 1988 Therese Flynn was linked to a fraudulent life insurance claim on Fr Molloy’s life but denied any wrongdoing or knowledge of the policy, which was eventually paid out to the Molloy family.

In 1994 there were claims that Judge Roe was known to both the Flynns and Fr Molloy and should not have heard the court case.

The case refused to go away. New medical evidence was brought to light in 1988 but nothing came of it at that time.

On a rare occasion, after the trial and inquest, when Mr Flynn spoke to one national newspaper, the Sunday Independent where he said his “conscience was clear” and that he had “never lost a moment’s sleep”.

Other features in the case begged questions about the Garda investigation, the criminal trial and, over two decades later, allegations of a ‘cover-up involving several arms of the state’.

‘Cover-up’

In response to these allegations and new witnesses coming forward, the Garda Serious Crime Review Team (SCRT) embarked on a review of the case in 2010 and spent two and a half years re-interviewing witnesses and reconsidering evidence. The inquiry, however, did not result in any new prosecutions.

And in March 2015 the Government ruled out the prospect of a public inquiry. A senior barrister appointed to review the SCRT findings concluded that an inquiry was unlikely to establish the truth.

“It is unlikely given the passage of time, the death of many of the pertinent witnesses and the reluctance of others voluntarily to give evidence, that any further inquiry would have a reasonable prospect of establishing the truth,” senior counsel, Dominic McGinn said.

‘Disturbing’ features

Acknowledging that there were many “disturbing” features and matters of public concern, McGinn’s inquiry also pointed to serious failings by gardaí in their investigation.

Despite Richard Flynn’s passing, the Molloy family continues to pursue a full commission of investigation: “We don’t believe it’s too late, the truth is still out there. Individuals with vital information relating to Fr Niall’s death are still alive and there is still new evidence emerging,” Bill Maher, a nephew of Fr Molloy’s said.

“As far as the family is concerned the case is far from over. There are too many shortcomings and glaring inconsistencies to ignore and we will continue to push for a full independent investigation,” he added

However, the McGinn report did put to bed some of the theories that abounded since the death. Frank Roe’s directed acquittal was “extraordinary”, but it was within the law.

The 109-page report also found no documentary evidence to substantiate claims that the judge, a popular figure in racing circles who passed away in 2003, was known to the Flynns, or to Fr Molloy.

Numerous questions

Nevertheless, the outstanding questions are numerous. Why did gardaí not interview guests who attended the Flynn wedding on July 6th? Why were no door-to-door enquiries carried out?

Why was a break-in at Fr Molloy’s house not investigated? Why was Fr Molloy’s broken watch returned to his family without being investigated? Why was a medical report that could have placed “a different complexion” on the case not sought?

Why was a statement from Fr Molloy’s solicitor in relation to a land deal with the Flynn’s not included in the investigation? Thirty one years have passed, and the Molloys are closer to answers.

In July 2015, relatives of Fr Molloy met with Minister for Justice Frances Fitzgerald to raise their concerns over the McGinn-identified shortcomings, where they shared graphic photographic evidence of injuries suffered by Fr Molloy.

The family have since taken a case against the police force for ‘neglect of duty’ in the 1985 investigation. The complaint is currently being investigated by the Garda Síochána Ombudsman Commission.

“The McGinn report and the Serious Crime Review Team identified numerous breaches of procedures in the original investigation, where many basic enquiries or checks were not carried out,” Mr Maher, a nephew of Fr Molloy’s said.

“There are still too many unanswered questions. We want a full investigation into all aspects of Fr Niall’s death, from day one onwards, including the Garda investigation or lack thereof and we will continue to push for that,” he added.

Man cleared of Fr Molloy murder dies after illness

Richard Flynn leaving court in September 1985

The only man ever charged over the death of Roscommon priest Father Niall Molloy was laid to rest in Co Westmeath.

The Galway native was laid to rest beside his late wife Theresa in Tubberclair Cemetery following midday Funeral Mass at the Church of the Immaculate Conception, Tubberclair, Glasson, Co Westmeath.

The acquittal of Mr Flynn of the killing of Fr Molloy sparked a controversy that lasted 30 years after the priest’s death.

Fr Molloy’s body was found in the home of Richard and Theresa Flynn at Kilcoursey House in Clara, Co Offaly, on July 8, 1985.

After a lengthy investigation a garda file was sent to the director of public prosecutions and Mr Flynn was charged with manslaughter and assault.

Father Niall Molloy22
Father Niall Molloy

But at his trial, the late Judge Frank Roe directed the jury to find Mr Flynn not guilt on both counts. The decision fuelled the nationwide interest that already existed in the case and created a flurry of rumours, none of them substantiated, about what had taken place that night.

Since then, further allegations have been made about the events and the subsequent garda investigation.

The fresh outcry prompted garda authorities to appoint members of the serious crime review team, or cold case unit, to carry out a review of the case.

The government then appointed senior counsel, Dominic McGinn, to take a fresh look at the review and he concluded that, given the passage of time, the death of so many pertinent witnesses and the reluctance of others to give evidence, it was unlikely that any further inquiry would have a reasonable prospect of establishing the truth.

Irish Independent

Only man ever charged over priest’s death laid to rest

http://www.irishtimes.com/news/social-affairs/only-man-ever-charged-over-priest-s-death-laid-to-rest-1.2982865?utm_content=sf-man

The only man ever charged over the death of Roscommon priest Fr Niall Molloy was buried in Co Westmeath on Monday.

Richard Flynn, who was in his late 80s, died at a nursing home in Ballymahon, Co Longford, following a lengthy illness.

The Galway native was buried next to his late wife Theresa in TubberclairCemetery following midday funeral Mass at the Church of the Immaculate Conception, Tubberclair, Glasson, Co Westmeath.

Fr Molloy (52) was found dead in Theresa and Richard Flynn’s home at Kilcoursey House, Clara, Co Offaly on July 8th, 1985. A friend of the Flynns, Fr Molloy had earlier attended the family home for their daughter’s wedding.

Mr Flynn was later tried for the priest’s manslaughter and assault and was acquitted on all charges after Judge Frank Roe directed the jury to find him not guilty.

Rugby career

Mr Flynn’s son David was tearful as he described his father as his best friend. He also spoke of his fathers sporting prowess, how he had captained both the junior and senior rugby teams while attending boarding school in Roscrea.

Mr Flynn went on to captain Connacht before an injury ended his rugby career when he was 25, he recalled.

David said his father had planned to emigrate to the United States but met and married his late wife in 1955 and stayed in Ireland.

Mr Flynn’s daughter Maureen spoke of an “amazing childhood” in Tubber where “the table was always set, the fridge was always full and Richard was always at the door wide open; a big greeting for everybody”.

She likened the farm to “going to an amusement park except it was just farming” and she recalled the wonderful childhood they had.

“Mum and Dad’s pals came for dinner constantly . . . we took it for granted all the coming and going and no matter how late at night Daddy would be at the door making sure everybody got to their car, directing them out the gate,” she told the mourners.

Family traditions

Maureen recalled as children not being allowed to fight. Her father would say, “Now, now little children love one another. We didn’t really know what it meant but it kind of stopped us somehow.”

After Mr Flynn’s wife died, he took it upon himself to keep the family traditions going, “the open house everything, the warmth and the love, the homeliness,” she added.

Mr Flynn’s grandchildren presented gifts at the beginning of the Mass. They included a photograph to show his love of family, a rugby ball as a token of his passion for sport, an Irish book to show his love of the language and a radio to indicate his love of current affairs and music.

He is survived by his second wife Ann, son David and daughters Maureen, Anita and Sandra.

Funeral of suspect in 1985 priest death case

http://www.rte.ie/news/2017/0220/853970-flynn-death-offaly-molloy/

 

The funeral is taking place of Richard Flynn, the Offaly man accused of the manslaughter of Father Niall Molloy at his home in Kilcoursey, Clara on 8 July 1985.

Mr Flynn and his wife Theresa were questioned by gardaí after the death of the Roscommon priest in the bedroom of their home in Co Offaly but the manslaughter charges against him never proceeded after a judge withdrew the case from a trial jury in June 1986.

Mr Flynn had been ill for several years and died over the weekend. His funeral is being held today in Tubberclair, Co Westmeath.

His remains will be interred afterwards beside those of his wife Theresa Flynn.