‘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.