A 37-year-old man was sentenced to three-and-a-half years' imprisonment yesterday at the Central Criminal Court for perverting the course of justice and withholding information from gardaí in relation to the murder of a man whose body was found in a Co Waterford wood.
The trial heard that Martin Nolan (34), "An Halla", Newtown House, Tramore, Co Waterford, had disappeared after visiting his solicitor and accountant on November 10th, 1999. To date no one has been charged with his murder.
Gary Penkert, originally from Griffith's Place, Waterford, was found guilty last week by a unanimous verdict of the jury on one count relating to changing the tyres of a motorcar, which contained potential evidence relating to an attempt to destroy Mr Nolan's body by fire on July 6th or July 7th, 2000. Penkert was also found guilty by a majority verdict of 11 to one of withholding information which he knew or believed would be of material assistance to the gardaí in arresting another person in relation to the murder.
Mr Justice Roderick Murphy said a significant sentence was justified in this case before he imposed two sentences of three- and-a-half years on each count to run concurrently and he backdated the sentences to June 24th, 2004.
Sgt Anthony Pettit told prosecuting counsel Alex Owens SC, that Penkert had fled Ireland on July 7th, 2000, for America and didn't return for nearly four years.
Sgt Pettit told the court that after Penkert returned home from America on June 24th, 2004, he was charged with the offences before the court.
During the trial the court heard Penkert was never suspected of involvement in the murder of Mr Nolan. He was also cleared by the jury of assisting an offender between November 10th and 12th, 1999 and of perverting the course of justice by removing or concealing the body of Mr Nolan during the same period.
At the end of the prosecution's case, Mr Justice Murphy also directed the jury to find Penkert not guilty on one charge each of assisting an offender and perverting the course of justice.
Evidence was heard during the trial that Mr Nolan was last seen near the Avondale housing estate in Waterford at around 7pm on November 10th, 1999.
Prosecuting counsel Alex Owens SC said Mr Nolan called to see his former girlfriend before parking his car and heading off on foot.
His father and brother noticed he was missing the next day and called gardaí.
A few days later forestry officials noticed "fresh blood covered by sand" and gardaí discovered a piece of bone which they believed to be human.
A few months later two fishermen were in the Clondonnell woods on the south Tipperary and Waterford border and saw a fire.
However, it was not until July 5th, 2000, that the two men returned and discovered a make-shift funeral pyre containing Mr Nolan's remains.
John O'Kelly SC, defending, had told the jury during the trial that Penkert was very frightened by the men he was with and remains in fear of his life.
Speaking after the jury returned its verdict, investigating gardaí again appealed for anyone with information about the disappearance of Mr Nolan to come forward.