No recorded/detected murders in Leix/Offaly per 1985 commissioner report

 

No recorded/detected murders in Leix/Offaly per 1985 commissioner report

 

A follower on Twitter @smackovsky brought this to my attention today.

REPORT ON CRIME 1985

Report for the year ended ,1985.

Commissioner, Garda Siochána, to the Minister for Justice.

p1040226

p1040227

 

 

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 ignores family of Fr Niall Molloy

We met with Minister for Justice Frances Fitzgerald in July 2015. We spent an hour talking to her and left her with a file and  photographs which she herself described as ” distressing”. She promised us she would respond after the Summer break..

In November 2015 she informed Denis Naughten T. D. that she would be in touch with family members.

Nine months on from our meeting and we have heard NOTHING from her.

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.

Written question from Denis Naughten T.D.

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.

 

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.