Files and exhibits missing – Official Report

SCRT – The Serious Crime Review Team in there final report ( 2013 ) state that ” The members involved in this current examination of issues were required to rely on the typed investigation file that was submitted to the Office of the Director of Public Prosecutions. The original file, job books and exhibits have not been located to date”

 

http://www.inis.gov.ie/en/JELR/Pages/PR13000380  – No mention from Minister of documents missing from DPP’s Office.

‘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.

Lawyer fees of €92,000 for Fr Molloy probe

http://www.shannonside.ie/lawyer-fees-of-e92000-for-fr-molloy-probe/

 

The Justice Minister has revealed that a senior counsel was paid more than €92,000 for carrying out a review of Roscommon priest Niall Molloy’s death.

The Castlecoote-based cleric was brutally killed in the Clara home of Richard and Theresa Flynn in July 1985, but no one was ever convicted of the crime.

Following continued claims that it was never thoroughly inspected, in February 2014 the government tasked Senior Counsel Dominic McGinn with reviewing the latest Garda investigation.

After his independent examination, Mr McGinn found in March 2015 that a further inquiry wouldn’t be warranted – a recommendation Justice Minister Frances Fitzgerald accepted.

Responding to a parliamentary question from Dublin Bay North TD Tommy Broughan recently, the Minister revealed that the senior counsel was paid €92,250 for his task.

A Department of Justice spokesman said that the amount payable, made up of a fee of €75,000, with Vat at 23 per cent, was subject to sanction by the Department of Public Expenditure and Reform.

Finally a response on behalf of the Minister ( after 14 months )

Friday afternoon this is an email My cousin Henry and myself were sent from the Department of Justice. We had a meeting with the Minister last year and she promised to get back to us after the summer break. We heard nothing and both of us wrote to the Minister and got not reply. On the 8th of August a letter was sent to the  Ombudsman complaining about the Minister’s non response to our meeting and letters. As a result of which the following was received by email. Interesting to see if hard copies will follow

 

 

Minister’s Reference: 0718095057

26  August, 2016

Dear Mr. McCourt,

I  have  been  asked by the Tánaiste and Minister for Justice and Equality,
Ms.  Frances Fitzgerald T.D., to refer to her meeting with you and Mr. Bill
Maher  on 1 July 2015, the matters outlined in the documents which you gave
to her at the meeting and in your subsequent correspondence.

In  the  first instance, I should say that it is a matter of regret that it
did  not  prove  possible  to  issue  a definitive response until now.   Of
course,  the  papers  submitted  by  you  had  to  be fully reviewed by the
Tánaiste  since  originally  submitted and she wanted to take the time that
was  necessary to fully consider all of the matters raised in light of your
strong  concerns.   Moreover,  you  will  appreciate  that  in the interim,
events, relating to other pressing matters, placed very significant demands
on the Tánaiste’s time.

The  Tánaiste  would  like,  once  again,  to  acknowledge the very sincere
support  which many people have conveyed to you and your family in relation
to the death of your uncle, Fr. Molloy, and the extent of the efforts which
have  been  made over many years to obtain answers to the various questions
which have been raised about the case.

The  Tánaiste has reflected on the issues discussed with you at the meeting
and  as referred to in the documentation supplied and sympathises with you.
However,  the  detailed  examination by the SCRT of the case, together with
Mr.  McGinn’s  subsequent  report,  lead  her  to conclude that there is no
reasonable  prospect  that  a  further  inquiry  would  give  rise  to more
conclusive  results.   The  objective  expressed  in  Mr. McGinn’s terms of
reference  was to obtain definitive independent advice on the question of a
further inquiry and having received such advice, it would be highly unusual
for the Tánaiste not to take it on board.

The  Tánaiste  has also considered your comments on the shortcomings of the
original  Garda  investigation but as you note in your documentation, these
have  been  highlighted  by  the  SCRT  and  were  outlined  and  carefully
considered  by Mr. McGinn in arriving at his recommendations concerning any
further  inquiry. While the Tánaiste fully appreciates your dissatisfaction
with these aspects of the original investigation, she does not believe that
a  further  inquiry  to  examine  these specific matters would be viable or
warranted  at  this  remove.  As  stated  in  previous  correspondence, the
Tánaiste  is of the view that a further inquiry would most likely come to a
similar assessment in relation to the original Garda investigation and such
an  assessment  is  already  available  and in the public domain.  In these
circumstances,  and  given  the  passage  of  time  and  the  evolution  of
investigatory  practice  since then, the establishment of a further inquiry
into these matters would not be of material public benefit.

The  Tánaiste  is  very much aware that unanswered questions in relation to
the  case  remain and are of course a cause of concern for the family.  She
sympathises  with your desire to see further steps taken in relation to the
investigation  but, as you know, the case has been considered by the DPP on
foot  of  the  SCRT  report  and  a  direction received that there not be a
further  prosecution.   The  Tánaiste  has  no role in that process, but by
publishing  Mr.  McGinn’s report has taken exceptional measures to put into
the public domain as much information as possible in relation to a criminal
investigation,  and  in  relation  to the steps taken to examine the issues
which have been raised concerning the case over many years.

Having carefully considered the points which you raised at the meeting, and
in  your correspondence, the Tánaiste remains of the view that there are no
further avenues open to her in relation to this matter, and that she is not
in a position to accede to your request to establish a further inquiry into
the case.

Yours sincerely,

Niall Colgan
Private Secretary to the
Tánaiste and Minister for Justice and Equality

CC Mr. Bill Maher 

Frances Fitzgerald – Still no reply

It is now going on 14 months since members of the Molloy family met with Minister for Justice Frances Fitzgerald. She promised to respond to the meeting after the Summer break. ( Last year’s Summer break ) We still have heard nothing and despite again promising Denis Naughten TD last November that she would be in contact with the family. NOTHING. Also not answering letters from the family over the past year.

Fr Niall Molloy. Where is the evidence ?

Where is the evidence ?

Many people have been asking us the question for a long time and rightly so. We have been talking to the Gardai and Politicians for many, many years and have unearthed many problems and contradictions.

The McGinn report published last year highlighted many problems with the Garda investigation in 1985 ( Or should I say lack of investigation )

We were not shown a copy of the report by the SCRT . Why ?

If there is nothing to see in it then why not show it to the Molloy family’s Legal representative ?

Who did get to see the report. ?

Were changes made to the Report after it was completed  and submitted to the Garda Commissioner ?

Why will the Gardai not put anything in writing  to the family. ?

Why will the Minister for Justice, Frances Fitzgerald not respond to the meeting with the family last July ? She was presented with evidence and has gone silent on the case since.

 

Fr Niall Molloy bloodstains. ( What Bloodstains ? )

 

 

 

Bloodstains. Fr Niall Molloy

(Photograph shows bloodstains clearly visible on the carpet beside the body of Fr Niall Molloy)

 

Under cross examination at the Inquest Dr. Dan O’Sullivan was asked –

192. And you saw a fair amount of signs of blood around the bedroom ?

I didn’t notice any blood around the bedroom.

193. You didn’t notice any blood around the bedroom ?

No

 

 

Fr Deignan said in his statement that he noticed “bloodstains on the carpet nearby”

Sgt. Ford Said in his statement ” I lifted the towel and saw that there was blood on the dead man’s face, I also noticed that his upper lip burst and there was a cut on the lower left jaw “

Sgt. Forde went on to describe blood stains he had noticed in other areas of the room.

 

Dr. Harbison also mentioned  “blood staining on the floor, over a distance of 8ft.to 9 ft”

Bloodstains and marks were also detailed by Gardai who did a forensic examination of the scene.

 

And Dr. O’Sullivan saw no bloodstains. ?????????

Richard Flynn was questioned at the Inquest

457. Mr. Flynn did you clean the wounds on Fr. Molloy’s face ?                         – No

458. When you went to whisper an act of contrition in his ear did you notice his face ?

– No

458. can I ask you how it is you came not to notice his face at the time ?

-Because his head was turned over on his right side and I whispered an act of contrition into his left ear.

460. Why didn’t you turn him over ?

– Because his ear, his left ear was nearest to me and I whispered an act of contrition into his left ear.

 

I have seen the Garda photographs of the room and of Niall’s body. It is quite obvious from those photographs that there was a considerable amount of blood present. It is also obvious that someone attempted a clean up.

We gave copies of the photographs to Minister for Justice, Frances Fitzgerald last July, She has not reponded despite promising to do so after the Summer break in 2015

Update : August 2016. Still no response from Frances Fitzgerald.

http://www.midlands103.com/news-and-sport/nephew-murdered-offaly-priest-disappointed-lack-action-justice-minister/#.VrCDu1duwMk.facebook

Nephew of Murdered Roscommon Priest Disappointed at Lack of Action by Justice Minister

 

 

 

A nephew of murdered Roscommon priest Father Niall Molloy says he’s disappointed at the lack of action taken on the case since a meeting with the Justice Minister last year.

Bill Maher and other members of the Molloy family met with Frances Fitzgerald last July, as they continue to seek answers into his death.

Fr Molloy’s nephew believes photos of the 52 year old’s body contradict witness statements taken during the investigation.

Nobody has been convicted in connection with his death which occurred at the home of Richard and Therese Flynn in Clara, Co Offaly, on July 8th, 1985.

Mr Maher is fearful that the issue will be lost as the election campaign gets underway:

Fine Gael need my help

14th Jan. 2016 Yesterday evening I returned home to be greeted by my local Fine Gael TD out canvassing for votes in the upcoming election. Fine Gael needs my help ( my vote ) to get re elected in 2016.

 

1985 My uncle Fr Niall Molloy was murdered in Clara Co. Offaly. My family felt naively that under a Fine Gael Government that his death would be investigated properly.We were wrong, very wrong.

Michael Noonan was Minister for Justice that year

1986 Was the year of the trial of Richard Flynn. He was never arrested but simply ordered to appear in Court to answer charges. The Judge ( Judge Roe ) dismissed the Jury on the grounds that Niall could have died from a heart attack. There were a lot of protests at the time regarding the trial but we were assured that the Inquest would answer many questions that for the family.

The Inquest concluded that Niall had actually died as a result of an injury to the head. Again we thought that the Fine Gael Government would do something, but no. The Minister of Justice at that time was Alan Dukes

Fast forward to my meeting Alan Shatter who gave me some encouragement when in opposition  but refused to meet the family when he became Minister for Justice.

I met with Govt. Minister Lucinda Creighton  F.G. who was my local TD. That meeting was a waste of time. And it was a vote I will not waste again in the coming election

Various inquiries were made over recent years. A review was held into those inquiries bur the SC in charge did not speak to the family. We objected to the Terms of Reference but our objections fell on deaf ears.

We asked for meeting with both Alan Shatter and Frances Fitzgerald but were refused.

In July of 2015 we were finally granted a meeting with Minister for Justice Frances Fitzgerald. We outlined our observations and objections to the review and presented her with documents and photographs at the meeting. She promised she would revert back to us after the Summer break. That was last July. She has not come back to us despite saying that she found some of the evidence we had presented “very disturbing”,

She did seem interested  when I told her that my grandfather W J Molloy served as a  Senator from 1922 – 1931.

Many of my family including myself had voted for Fine Gael for most of our lives. We were not begging them for help we just expected Justice would be done while they were in power. We expected that from them and we trusted them with our votes.

 2016 NOW THEY ARE BACK AT MY DOOR ASKING ME FOR MY TRUST AND MY VOTE.

 Now Fine Gael wants MY help.

Bill Maher – Nephew of Fr Niall Molloy

Still waiting Minister Fitzgerald

QUESTION NO:  329
DÁIL QUESTION addressed to the Minister for Justice and Equality (Deputy Frances Fitzgerald)
by Deputy Denis Naughten
for WRITTEN on Tuesday, 10th November, 2015.  


 
 *  To ask the Minister for Justice and Equality further to her meeting with the family of a person (details supplied) in July 2015, if she will report on the progress to date on the issues raised at that meeting; and if she will make a statement on the matter.

– Denis NaughtenFr Niall Molloy  
REPLY.

As the Deputy will be aware, I agreed to reflect on the issues which the family in question raised at the meeting referred to, and I can advise him that I expect to contact the persons concerned directly in the near future.

 

73,000 views to website

73,098 views recorded to this website as of this morning.

More content will be added to the site in early 2016.

The family met with the Minister for Justice Frances Fitzgerald in early July 2015 and presented her with evidence which she described as ” Very disturbing”. We have yet to hear from her regarding our meeting.

Fr Molloy family submission to Minister for Justice Ist. July 2015

Summary of Report of Mr. Dominic McGinn S.C.

Direct quotation from Report as indicated; emphasis added.

Page 9. Garda Arrival at the Scene.

Fr. Deignan stated that Niall Molloy had fallen against a wall and had hit his head.

“He said that it was a terrible scandal in the parish and asked if there was any way

in which it could be kept quiet.

Page 10 Garda Arrival at the Scene continued.

“Sergeant Forde was of the view that Richard Flynn appeared calm, cool and

unconcerned. He had a cup of coffee in one hand and his other arm was stretched

along the couch on which he was sitting.”

Page 11 Garda Arrival at the Scene continued.

“There is no information about what, if anything, Teresa Flynn said to the medical

staff or about any clinical findings which may have been reached following

examination.”

Page 12 Post Mortem Examination.

Dr. Harbison “saw blood staining on the thick carpet on the floor which he estimated

to be over a distance of eight to nine feet. The staining nearest the body was dark

and appeared to have been due to direct bleeding on the surface, but the remainder

was fainter and suggested a smear or a wipe.”                                        Appendix 1.

Pages 12 & 13 Post Mortem Examination continued.

“Dr. Harbison spoke to Inspector Monaghan who provided him with further

information about events in the house the previous night and to Dr. O’ Sullivan.

There is a complete absence of information in the documentation about what exactly

was discussed during either of these conversations or how the details supplied may

have affected Dr. Harbison’s approach to the examination.”           Appendix 2.

 

Page 13 Post Mortem Examination continued.

Dr. Harbison noted “six different areas of injury to the head and three areas of

injury to the legs. The nasal cartilage was slightly more mobile than normal.

There was internal bleeding in the head.”

 

Page 14 Post Mortem Examination continued.

Dr. Harbison stated “the distribution of these injuries were consistent with Fr. Molloy

having been the recipient of five, six or more blows from an object such as a fist.

Dr. Harbison also noted that there was no injury of a defensive or offensive nature

on Fr. Molloy’s arms or hands.”                                                                      Appendix 3.

Page 16 Examination of the Scene.

“It seems that there was some attempt at looking at the pattern of the blood spatters,

some of which blood appeared to be diluted or watery, but there were no detailed

notes of this and there is no record of any conclusions being drawn from the

pattern of blood.”

This aspect of the investigation is particularly frustrating because, subsequently,

there was considerable conjecture about what may or may not have occurred at

Kilcoursey House and a full and careful analysis of the pattern of blood spatters

might have assisted in confirming or dismissing some of the suggested theories.

However, at this remove, all that can be said is that there was no meaningful

interpretation performed at the time and that, therefore, there is no evidence from

which firm conclusions could now safely be drawn.”

 

Pages 16 & 17 Examination of the Scene continued.

“There is no record to show whether any of these items was analysed at all.”

 

Page 20 Statements from Non-Family Members.

Fr. James Deignan “recalled that he had been contacted at about 1am by Richard

Flynn.” Sergeant Forde confirmed that Fr. Deignan called to Sergeant Forde’s

house at 3.15 a.m, more than two hours later.

 

Page 21 Statements from Non-Family Members continued.

Dr. O’ Sullivan found the body to be “quite warm” and concluded that Fr. Molloy

“appeared to be only dead a short time” on his arrival. “Dr. O’Sullivan confirmed that

he was contacted by Fr. Deignan and JJ Flynn at about 2.00 a.m.”

 

Page 25 Background Evidence.

“Some documentation relating to this transaction has subsequently been

recovered by the Gardai and this is addressed later in this Report. However,

there is no statement from Mr. PP at all.” Appendix 4.

 

Page 42 Medical Commentary.

“By letter of the 6th of October 1988, Fr. Niall Molloy’s nephew QQ, acting in his

2.

capacity as administrator of his uncle’s estate, formally requested the Garda

Commissioner to re-open the investigation into Fr. Molloy’s death. Part of the

basis for this request was new medical evidence which had emerged. QQ enclosed

with his letter Reports from Professor Dermot Hourihane and Dr. John Dinn.”

“In a Report dated the 20th of October 1987, Professor Hourihane, a Professor of

Histopathology at Trinity College and a Consultant Histopathologist at St.

James’s Hospital in Dublin, ventured an opinion that the anatomical evidence of

injury was very strongly suggestive that Fr. Molloy had received kicks as well as

punches and that he had lived for hours rather than minutes after the injuries

were first received. He based these opinions on a review of the transcripts of the

medical evidence from the inquest, in addition to Dr. John Harbison’s autopsy report

and record of histological findings.”                                                              Appendix 5.

 

Page 43 Doctor John Dinn.

“Dr. John Dinn, a Consultant Neuropathologist at St. James’s Hospital and

Senior Lecturer in Neuropathology at Trinity College, was also provided with the

transcript of Dr. Harbison’s evidence at the inquest along with the depositions of Dr.

Harbison and Dr. Gilsenan, the Coroner’s Report, the opinion of Professor Hourihane,

the histology slides, and two books of Garda photographs. In his Report dated the

16th of September 1988, he detailed the pathological findings in respect of Fr.

Molloy’s brain and agreed with Dr. Harbison’s conclusions in respect of the cause

of death. He went further in setting out the quantity of bleeding within the skull

and opined that this accumulation of blood would not occur with one hour, as

was implied in the statements of evidence. Dr. Dinn asserted that there was

corrobation for this conclusion in the findings from the histology slides which showed

histological changes which take from one to three hours to develop. In conclusion,

Dr. Dinn contended that Fr. Molloy did not die suddenly following the head

trauma but that he was alive and unconscious for more than one hour after the

injuries had been inflicted.”

 

Page 44 Doctor John Harbison.

“Dr. Harbison did concede that he was unable to rebut Dr. Dinn’s assertion that

the changes in the neurones which were seen under microscopic examination

would have required more than one hour between injury and death to have

become visible.”

 

Page 64 David Flynn.

“On being asked about a number of specific issues, David Flynn denied any

knowledge about Fr. Molloy’s watch, about the broken glass table, about any safe

in the house, about any life insurance policy Fr. Molloy may have had, or about the

break in at Fr. Molloy’s home.”

3.

 

Page 65 David Flynn.

“On the 19th of December 2012, David Flynn again met Detective Superintendent

Mangan on a voluntary basis in order to clarify some outstanding matters. Mr. Flynn

explained that, despite saying in April 2011 that he had no knowledge about the

broken coffee table he could now offer some assistance; he said that his sister LL

still had this table and that it had been broken either at the wedding or just after

it by a BBB, who had been about 20 years old at the time. However, it seems that

BBB never made a statement.”

 

Page 94 Doctor Francesca Brett.

“On the 1st of June 2011, Professor Dermot Hourihane, who had been assisting the

Molloy family with expert advice on histopathology, sent to the family solicitor a

report from Dr. Francesca Brett, a Consultant Neuropathologist at Beaumont

Hospital in Dublin. In Dr. Brett’s report, dated the 24th of May 2011, which was

based on her perusal of stained slides, she concluded that the red dead neurones in

Fr. Molloy’s hippocampus, cortex and brain stem indicated survival of between 6

and 12 hours. Dr. Brett also concluded that an area of ischaemic damage in the

brain stem was suggestive of a survival of up to 24 hours.”                           Appendix 6.

 

Page 95 Doctor Michael Farrell

It appears that, as part of the SCRT investigation, a report was also

commissioned from Dr. Michael Farrell, also a Consultant Neuropathologist at

Beaumont Hospital. It was Dr. Farrell to whom the State Pathologist, Dr. John

Harbison, had deferred when he was invited in 1989 to comment on the time of

death.”

Dr. Farrell examined the photographs which had been taken of Fr. Molloy’s

cranium, in a report dated the 16th of August 2012, stated that, although the skull

appeared to be intact, there were several different areas which showed evidence of

bleeding. A microscopic examination of representative brain slides demonstrated

patchy but established dark cell change involving certain neurones. Dr. Farrell’s

interpretation of this was that it indicated that the deceased had been alive

following the injury for a number of hours prior to his death. He concluded there are

considerable variations in the timing of dark cell change but nevertheless most will

agree that a patient needs to have been alive for 3 to 6 hours prior to

establishment of dark cell change.”

Thomas Monaghan.

“One of the matters which Thomas Monaghan recalled was that, at the time of

the 1985 investigation, an explanation had been given for the broken coffee table

which had been discovered in a downstairs room at Kilcoursey House; that two

children who were at the wedding had accidentally damaged it. Although Mr.

Monaghan remembered that statements had been taken from these two children,

any such statements appear no longer to be in existence. This appears to

4.

contradict the assertion by David Flynn that the coffee table was broken by a

guest at the wedding called BBB who, he thought, was about 20 years old at the

time”.

 

Page 99 Fr. Molloy’s Will.

The SCRT made enquiries with the army authorities, because of Fr. Molloy’s

former position as Chaplain, and because it had been suggested in the article that

the army, having received the will from Fr. Molloy, had sent it to the offices of the

Bishop of Elphin. These enquires revealed that no military records existed to

show that the army had ever had sight or possession of a will belonging to Fr.

Molloy or that any such document was sent on elsewhere. Further, when asked

about this in February 2013, the Diocesan Secretary in Sligo confirmed that the

office of the Diocese of Elphin had no will belonging to the late Fr. Molloy and

that there was no record that such a will had ever been deposited there.”

                                                                                                                                      Appendix 7

Page 104 Commentary.

“The calm attitude of Richard Flynn when the Gardai arrived at Kilcoursey

House is a feature of the case which many would find inexplicable.”

 

Page 105 Commentary continued.

“It is suspicious that the business dealings which were ongoing between the

Flynns and Fr. Molloy were not revealed to the authorities at the outset of the

Garda investigation and only came to light subsequently.”

“It is an uncomfortable fact that the Judge at Richard Flynn’s trial, Judge Frank

Roe, was deeply involved in the horse business, which was something he had in

common with Richard and Theresa Flynn and with Fr. Niall Molloy.”

 

Page 107 Commentary continued.

“Questions have been raised about the existence of a Will drawn up by Fr. Molloy.

Although suggestions were made that a Will had been entrusted to the Church, the

available evidence shows that, in fact, there is no record whatsoever of any such

document ever having being made. “                                             Appendix 9.

 

Page 100 Shortcomings in the 1985 Investigation.

“It was the opinion of the SCRT:

1. that there ought to have been a comprehensive canvassing of the guests who

attended the wedding on the 6th of July 1985 with a view to interviewing

everyone;

2. that house to house enquiries should have been conducted;

5.

 

3. that the break in at Fr. Molloy’s home should have been properly

investigated;

4. that the people mentioned by David Flynn in his original statement should

have been interviewed at an early stage to test the veracity of his account

and;

5. that Fr. Molloy’s wrist watch should not have been returned to the Molloy

family without a proper investigation of its condition”

The SCRT report also expressed concern about the fact that Dr. John Harbison

placed reliance on a colleague’s opinion on neuropathological issues but that the

Gardai at the time did not seek a Report from that colleague. It was established

that Dr. Harbison had been in contact with Dr. Michael Farrell, who when asked by

the SCRT, compiled a Report suggesting that Fr. Molloy had lived for 3 to 6

hours after sustaining the injuries. Had this opinion being sought in 1985, a

different complexion would have been placed on the accounts given by members

of the Flynn family and it can be assumed that more questions would have been

asked.”                                                                                                           Appendices 7 and 8.

There are additional shortcomings which have become apparent as a result of the

objective reading of the documents in the case. It would have been of benefit for:

1. Fr. James Deignan to have been more closely questioned about why he felt

that it was more important for him to return home to collect his reading glasses

rather than to summon a Doctor or the Gardai to Kilcoursey House.

2. The absence of any statement from the Solicitor, PP, about the business

transactions between Fr. Molloy and the Flynn’s is a significant omission, as

is the lack of any information from Richard and Theresa Flynn about

this.

3. Further, notwithstanding that blood samples were taken from the scene

and from members of the Flynn family,

4. That various physical items were taken from the principal bedroom and

from other rooms in the house,

5. That numerous fingerprints were located in the bedroom,

6. And that all of these samples and findings were transmitted to the State

Forensic Science Laboratory presumably with a view to try to ascertain who

had been in the bedroom and elsewhere, there is a complete absence of any

record of any scientific testing of the samples taken during the examination

of the scene.”

6.

 

 

INDEX OF APPENDICES.

Emphasis added.

1. Bedroom at Kilcoursey House showing partially cleaned bloodstain.

2. Page 3 of Deposition of Dr. Michael Harbison.

3. Father Niall Molloy deceased.

4. Report of Professor Dermot Hourihane 20/10/1987.

5. Report of Dr. Francesca Brett Consultant Neuropathologist 24/05/2011.

6. File extract from PP Solicitor.

7. Page 7 of Deposition of Dr. Michael Harbison.

8. Page 21 of transcript of evidence of Dr. Michael Harbison.

9. Department of Defence letter re Will of Father Niall Molloy.

10. Criminal Law Act 1997.

11. Terms of Reference.

7.