A legal battle opened yesterday into ownership of a car abandoned on Dublin's Howth Head by a man who disappeared seven months before he was due to stand trial for the murder of his wife.
On April 11th, 2001, computer analyst Mr Colin Whelan was charged with murdering his wife Mary (27), a solicitor's secretary, at their home in Clonard Street, Balbriggan, Co Dublin. She was found lying at the bottom of the stairs on the previous March 1st and the post mortem showed she had been strangled. The couple had been married for just six months.
Mr Whelan was due to stand trial on October 13th this year. However, seven months earlier, on March 12th, a 01D Peugeot 206, registered in his name, was found on the Upper Cliff Road in Howth with some of his personal belongings in it. A major sea, air and land search was carried out but no trace of Mr Whelan was found.
Gardaí believe he is still alive, Dublin District Court heard yesterday when a police property application over ownership of the car, which is being held at Balbriggan Garda station, was partly heard and adjourned.
Mrs Whelan's brother, Mr David Gough, says the car should be given to her family, while the accused's father, Mr Andrew Whelan from Gormanstown in Co Meath, says it is owned by his son who he believes is still alive.
Mr Gough told the court the car had belonged to his sister Mary and she paid the tax and insurance on it. He also believed she had financed it with a loan from the TSB.
"After she was murdered, the accused was seen driving around in it. It broke my mother's heart and she has suffered enough. I don't want her or my family to suffer any more."
Mr Whelan told the court he did not wish to see the car, which was fairly new, left to deteriorate in the Garda station. "It is my son's car and it is deteriorating by the day. I want to use it or hang on to it or whatever." He did not believe his son was dead, "only missing". He had not heard from him since the car was found.
Mr Whelan's solicitor said the car had been bought from Gowan Motors as part of a trade-in deal on another car, along with £1,650 in cash. As Mrs Whelan died intestate, even if she was the owner, her property would revert to the husband, he said.
Judge James Scally adjourned the case for three weeks to allow Mr Gough to check if Mrs Whelan had arranged a TSB loan for the car before her death.