A convicted garda killer has admitted perverting the course of justice during his murder trial by playing the recording of a witness being interviewed by gardaí.
Aaron Brady, who is serving life with a minimum of 40 years for the murder of Detective Garda Adrian Donohue 11 years ago, pleaded guilty to the offence at the Special Criminal Court.
A second charge of conspiring to persuade another prosecution witness not to give evidence in the case has been taken into account.
Brady stood in the dock of the Special Criminal Court just before midday as the charge was read out to him.
The 33-year-old admitted perverting the course of justice by recording the playing of a video of a witness, Ronan Flynn, being interviewed by gardaí on a date unknown between 20 February 2020 and 7 May 2020.
Mr Flynn, a witness, told gardaí he had heard Brady admit to shooting Det Gda Donohoe three times.
The video was later posted on social media accusing Mr Flynn of "touting" and calling him a "rat".
Mr Flynn did not give evidence at Brady's trial and Mr Justice Michael White, who oversaw the murder trial, described the release of the footage as "the most outrageous contempt of court" and a clear attempt to intimidate Flynn and other witnesses.
A second charge of conspiring to persuade prosecution witness Daniel Cahill not to give evidence in order to pervert the course of justice between 8 April 2020 and 22 June 2020 was taken into account.
Brady was on trial at the time for the murder of Det Gda Donohoe who was shot dead at the Lordship Credit Union in January 2013.
Brady was convicted of the capital murder and sentenced to life in prison with a minimum of 40 years.
Brady also applied to have reporting restrictions imposed in the case.
He did not want the fact that he had pleaded guilty to the charge reported or the details of the evidence in the case because he is appealing his murder conviction.
His counsel Michael O'Higgins submitted that if he were to win his appeal, there would be a retrial, possibly before a jury, which could be influenced by the reporting of this case.
He also submitted there was legal precedent for the court to make such an order.
The application was opposed by the State.
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Senior Counsel Lorcan Staines said Brady's concern was "remote" because for it to be real, it requires his conviction for capital murder to be overturned by the Court of Appeal.
It was also based on the assumption that a retrial would be heard by a jury and that jurors would disobey a direction by a trial judge not to conduct research into the case.
Mr Staines said there were already significant amounts of material about Brady and background to the case and charges already in the public domain, reported by legitimate and responsible news organisations.
He also said there has been a very significant amount of public commentary by the Brady family on other court matters, in one case, the day before sentencing.
He said an online campaign was commenced and conducted by Tony Brady, Aaron Brady’s father, which featured his mother, sisters and many other people, on various social media platforms.
Mr Staines said transcripts of the murder trial had been published by the Brady family including references to witnesses before the Central Criminal Court.
That publication, he said, took place in conjunction with vitriolic commentary on witnesses and in particular on the two witnesses in this case.
He described it as personal, scandalous and vitriolic commentary and he said that vitriolic commentary had also been made towards lawyers, gardaí and the trial judge in the murder case, the now-retired Mr Justice Michael White.
He pointed out that Mr Justice Tony Hunt had excluded Tony Brady in another case last year before the Special Criminal Court.
At this point, Tony Brady stood up to speak but the presiding judge Mr Justice Paul Burns told him he had no audience in the court.
The judge offered Senior Counsel Michael O'Higgins, who represents Aaron Brady, the opportunity to hear what his father Tony Brady had to say and put it to the court.
However, the legal team declined.
Prosecuting Counsel Lorcan Staines also said that very many hours had been spent suggesting a State conspiracy against Aaron Brady in relation to these charges which he said was now ironic as this court will be sentencing him on these charges.
Aaron Brady has pleaded guilty.
Mr Staines said the idea that legitimate reporting by professional and responsible journalists could possibly prejudice potential jurors at a potential future trial is fanciful and in context of the vast amount of material published by Brady family, could not be any way further from the type of exceptional case that would allow the court to stray away from the Constitution.
Mr Justice Burns said the Constitution mandates that justice be administered in public and the court was not satisfied that this was an exceptional case.
The trial of his co-accused Dean Byrne, 30, from Cabra Park in Phibsborough, Dublin is due to begin this afternoon.
Mr Justice Burns adjourned the sentencing of Aaron Brady to 29 May.
