A man who denies the capital murder of Detective Garda Adrian Donohoe sent his girlfriend a text message about 90 minutes before the shooting to say he was loading a lorry and asking if she wanted to meet up later that evening.
Det Inspector Mark Phillips told defence counsel Michael O’Higgins SC in the Central Criminal Court on Wednesday that gardaí retrieved a number of text messages from a phone belonging to Jessica King, the girlfriend of accused man Aaron Brady.
The phone was seized by members of the Police Service of Northern Ireland (PSNI) the day after the robbery and shooting as Mr Brady had told gardaí he was with Ms King at the time of the shooting.
Mr Brady (29), of New Road, Crossmaglen, Co Armagh, has pleaded not guilty to the capital murder of Det Garda Donohoe (41) while he was on duty at around 9.30pm on January 25th, 2013 at Lordship Credit Union, Bellurgan, Co Louth. He has also pleaded not guilty to a charge of robbing some €7,000 in cash and assorted cheques on the same date at the same location.
It emerged during cross examination that a yard in south Co Armagh where Mr Brady said he was loading waste from laundered diesel onto a truck at the time of the shooting was not searched by the PSNI.
Insp Phillips told Mr O’Higgins that the investigation team believed the raiders were in position beside the credit union from about 8.50pm, some 35 minutes before the shooting. He said investigators believe a car seen in the area at about that time was linked to the robbery.
Insp Phillips confirmed the contents of a series of texts between Mr Brady and Ms King on the day of the murder.
At 4.52pm on the day of the murder Mr Brady sent Ms King a text saying: “I was there for a while. Had to meet a man there now. I have work at 8 ‘til about 10.30 then that’s it. Sure if not, I will be stuck in the cold house and am not putting heating oil in it until [named person] gives money.”
‘Washing diesel’
Insp Phillips said Ms King told investigators she understood Mr Brady to mean that from 8pm until 10.30pm he would be in the yard “where they would be loading and washing diesel and that”.
Ms King later sent Mr Brady a text which asked what he had to do. She told PSNI officers that she deleted his response to that message because she knew police were coming and she did not want to “get any of the lads in trouble”.
However, she remembered that he had said he was “loading the lorry” so she knew he meant he was working in the diesel yard.
The text was later retrieved from the phone using specialist software. It was sent at 7.54pm and read: “Just have to load the lorry but will only take an hour or two. This phone is going to go dead. I will text you as soon as home and get it charged. Love you. x.”
Insp Phillips agreed that there were discrepancies between what Mr Brady told gardaí in February 2013 about his movements that evening and what was contained in the text messages to Ms King in that he told gardaí he was in the yard for just 10 to 15 minutes.
The witness disagreed with Mr O’Higgins when he suggested it was “odd” that the book of evidence does not give any detail of a meeting or discussion among gardaí about this discrepancy.
Mr O’Higgins said his client’s “movements in this yard are critical as to whether he can participate in this robbery”.
He also asked Insp Phillips if the diesel laundering yard was ever searched. He said it was not his decision to order a search of the site and he could not say why the PSNI was not asked to do so. He said no other members of the investigation team suggested searching the site and the senior investigating officer did not suggest to him that it should be.
Mr O’Higgins asked: “Does that sound extraordinary?”
Insp Phillips replied: “No judge.”
The trial continues.