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Garda questioned about farm searches at Quirke trial

Patrick Quirke has pleaded not guilty to the murder of Bobby Ryan
Patrick Quirke has pleaded not guilty to the murder of Bobby Ryan

A garda who was part of a search team for DJ Bobby Ryan has told a murder trial that Patrick Quirke told him two slurry tanks were the only ones on the farm.

Garda Conor Ryan was giving evidence in the trial of Patrick Quirke of Breanshamore, Co Tipperary, who is accused of murdering Bobby Ryan, a part-time DJ known as Mr Moonlight.

Mr Quirke has pleaded not guilty to the murder of Mr Ryan at an unknown location on a date between 3 June 2011 and 30 April 2013. 

Mr Ryan's body was discovered by Mr Quirke on Mary Lowry's farm at Fawnagowan, Co Tipperary.

Garda Ryan said he took part in searches of the farm at Fawnagowan on 7 June 2011. Some days later it was arranged by his superiors that he would observe the slurry tanks on the farm being emptied by Patrick Quirke.

He said one slurry tank in a slatted shed was empty and a second open tank had a small quantity of slurry in it which was sucked out and spread on the land.

He said Mr Quirke's demeanour that day was "calm" and that he told him those were the only two tanks on the farm.

However during cross examination it was suggested that the question he had asked Mr Quirke was whether or not there were any other slurry tanks on the farm. Garda Ryan said he could have asked him that.

He agreed that he could not say precisely what day he attended the farm for the slurry tank emptying nor precisely what day he received his instruction.

He agreed with defence counsel Bernard Condon that he had taken no notes on the day and that he did not know when he made his statement about the events of that day.

He was shown a copy of the 'jobs book' which said the task was completed on 7 June. Asked if he was wrong about the date he said no but he could not say what date the slurry tanks were emptied.

Asked when he made his statement about what happened that day, Garda Ryan said he could not say. Mr Condon put it to him that it was much more likely the statement was made more than two years later. Garda Ryan said he could not say.

Mr Condon said Garda Ryan had made nine statements in total, some of which were undated.

Asked who had requested the statement, Garda Ryan said the request had come from the incident room. Mr Condon repeatedly asked him who had made the request, adding, "incident rooms don't talk".

Garda Ryan said the request would have "come through the channels" and would have been made by one of two sergeants.

He also visited the farm almost two years later when Mr Ryan's remains were found in a disused run-off tank.

Garda Ryan said he looked into the run-off tank and saw decomposing remains. He had to kneel down to do so. He observed there were no fresh marks in the tank.

He also observed the contents of a vacuum tanker nearby being emptied and saw a quantity of dirty water run out of it.

During cross examination he said he was not surprised to have been instructed to empty the contents of the vacuum tanker onto the ground at a crime scene.

Mr Condon asked if, "no one thought to collect the contents of the tank at a murder scene? Out onto the ground it went?"

Garda Ryan said the contents of the tank were examined. When asked how he said they had lifted up the handle and "went through what was coming out, the soiled water". 

Mr Condon asked: "Did you put your hand out? Did you even have a sieve? You didn't even put a bucket underneath?"

Garda Ryan replied: "No."

Asked if he was wearing a forensic suit at the time, he said he could not recall. Asked if his superintendent was watching this going on, he said he did not know.

Earlier, a witness who assisted in the recovery of Mr Ryan's remains said he saw no signs of panic when a concrete slab covering an underground tank broke.

Tony Chearnley , who is a retired garda, said he was asked to operate a mini digger to remove a concrete slab from the top of a disused run-off tank where the remains were found.

He agreed under cross examination that the slab had broken as he removed it but said he did not see any signs of "pandemonium" or "panic", adding "if there had been, I would have been asked to stop".

He agreed with defence counsel Lorcan Staines that is was not ideal that the slab had broken but said he did the best he could while removing it. He also agreed that some small pieces of the slab had fallen into the tank.

Asked if there had been any discussions about waiting for a pathologist to arrive, Mr Chearnley replied: "I don't think that would have been discussed with the digger driver."

Asked if there was a discussion about whether or not it would be prudent to wait for members of the forensic science lab to arrive, he said he was not party to any discussion nor did he hear any discussion about that.

The trial at the Central Criminal Court will continue on Monday.