A brother and sister arrested by gardai investigating an alleged murder were allowed to meet one another while in garda custody, a trial heard yesterday (Tuesday)
During the "highly unusual" meeting the woman told her brother to "tell the truth" and said that she would be "60 years old when she gets out".
The brother is 30-year-old Keith Brady of Cartron Estate, Sligo who has pleaded not guilty to murder but guilty to the manslaughter of Martin 'Matt' Kivlehan (59) at New Apartments, Holborn St, Sligo on August 2/3 2015. The State rejected his plea and he is on trial at the Central Criminal Court.
Superintendent Jim Delaney told Dara Foynes BL for the prosecution that he deemed it appropriate to allow the meeting after
Mr Brady's sister Janice told him she was concerned for her brother. She told the then detective inspector about her relationship with Keith and discussed her "chaotic lifestyle". She said she felt responsible for her brother and looks after him even though he is older.
She told the superintendent that she wished to tell the truth and accepted that she was present when Mr Kivlehan died but did not kill him. She further indicated that she was concerned Keith would not tell the truth.
Supt Delaney told defence counsel Brendan Grehan SC that he used his 30 years of experience with An Garda Siochana when deciding to allow the meeting and considered her plea from a human rights point of view.
He believed she was concerned for her brother, had no hidden agenda and that the presence of a garda during the meeting would ensure there was no attempt by either party to influence the other.
Garda Joe Evans was the member in charge of the station at the time and he facilitated the meeting, saying he did not believe it would hinder the investigation. He agreed with Mr Grehan that it was "highly unusual".
Supt Delaney asked Garda Dan Grimes to supervise the meeting, which took place in Mr Brady's cell at Sligo Garda Station at about 9.32am on August 5, 2015. Garda Grimes said he stood at the door while they sat on a bunk bed. They whispered some of their conversation but he heard the majority of what they said.
He said that Janice told her brother she loved him and they each asked if the other had slept and if they had received their medication.
In a statement the garda made at the time he said that Janice was telling her brother "to tell the truth" and that she would be "60 years old when she gets out". They also spoke about CCTV footage which showed them in Sligo around the time that Mr Kivlehan died.
When the siblings asked Garda Grimes for his opinion on the CCTV he told them that gardai are only looking for the truth. Garda Grimes told Mr Grehan that he knew Janice and Keith well.
The witness could not recall Mr Brady's response when his sister told him to tell the truth or when she told him she would be 60 years old when she gets out.
The trial continues today (Wednesday) in front of Justice Paul McDermott and a jury of seven women and five men.
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