Ratoath man's fight to clear name for 1971 Lynskey killing

Ratoath man Martin Conmey's appeal to have his 40-year-old conviction for manslaughter quashed opened at the Court of Criminal Appeal in Dublin on Tuesday of last week. Mr Conmey (59), of Porterstown Lane, is claiming that "newly discovered facts" will prove he was not responsible for the death of neighbour Una Lynskey in 1971. His application, brought under Section 2 of the Criminal Procedure Act 1993, is part of his attempt to have his conviction declared a miscarriage of justice. Lawyers for Conmey told the court that their client always maintained his innocence. In 1972, he and another man, Dick Donnelly, were convicted of the 19-year-old's manslaughter. A year later, both men appealed and Donnelly's conviction was overturned, but Martin Conmey served three years in prison for the offence. A third man, Martin Kerrigan, was also suspected of having been involved in the crime, but he was abducted and killed a short time after the body of Ms Lynskey was discovered. Mr Hugh Hartnett, SC, for martin Conmey, said the existence of earlier statements from people called as witnesses as to what they say they saw at about that time on 12th October 1971 amounted to "a newly-discovered fact". He said these were not made available to defence lawyers at the time of the trial 38 years ago. The court heard how a series of statements were taken from local men Martin Madden and Seán Reilly, which proved to be "keystones" for the convictions of Martin Conmey and Dick Donnelly. The court was also told there was a series of statements from Martin Madden, now deceased, which were inconsistent. During the trial, a successful application was brought to have Martin Madden treated as a hostile witness after he "directly contradicted" what he said in the later sworn statement. Witness Sean Reilly alleges he was kept at a Garda station for "five hours" and was subjected to "abuse and assault" prior to his making the later statement. On Wednesday, Reilly told the court he was assaulted and interrogated by Gardaí who "put words" in his mouth. He said that he was "punched" and "prodded" by Gardaí and was made "to feel" as though he was a suspect. He told the court, with Mr Justice Adrian Hardiman presiding, sitting with Mr Justice Declan Budd and Mr Justice Éamon de Valera, that in late October 1971, he gave two statements to Gardaí. In the first statement, taken on 20th October, Sean Reilly, who was then 23, told Gardaí that a car "would have passed" while he was outside his family home on the evening the woman disappeared on Porterstown Lane. He said that, at the time it passed, he was sitting in the car of Martin Madden, another "crucial witness" in the original case. The car was "going down towards" the Dublin-Navan Road. Witness told the court last week that it "was dark" as he heard it go by and so it would have been "impossible" to make out who was driving it. He said Madden's car was parked "way in off the road" and that its rear was facing the lane. The court heard that, four days later, a second statement was taken from Sean Reilly in which he said Madden's car "had a good view" of Porterstown Lane, that he "was sure" Donnelly was driving it and "almost sure" Kerrigan was in it, too. Reilly told the court he made this statement "under interrogation" and that Gardaí "put words" in his mouth. Witness said Gardaí arrived to the building site where he worked and asked that he travel with them to Porterstown Lane. Instead, he said he was brought to Trim Garda station where he was questioned for "seven hours". He alleged he was punched several times in the shoulder by Gardaí who swore at him and told him "to speak up and tell the truth". He said they wanted "information about Dick Donnelly's car" and that he told them the car that passed "could" have been his but that he was not in a position to "swear this". Thursday's evidence heard Martin Conmey claim he "made up stories" about events on the evening the young woman disappeared "out of fear" and "under duress". He told Gardaí "what they wanted to hear" to "get them off" his back. Conmey, who was 20 at the time, also claims he was punched, thrown on the floor and then "pulled up by the hair" while being questioned at Trim Garda station after the disappearance of Ms Lynskey. Under cross-examination, the appellant was asked by Mr Brendan Grehan, SC, for the State, about "an admission" he made to a Garda inspector on 26th October 1971, during a period of interviewing at Trim Garda station. Conmey said he "was making up stories" because he was "so frightened and scared". He said he "just agreed" with questions put to him after being told he would "never get home to see his parents". The court heard how the "admission" included a reference to "meeting" Ms Lynskey on the road on the evening she disappeared. Ms Lynskey was offered a lift and "got into the car" belonging to Dick Donnelly and Martin Conmey subsequently got out. He told the court he "never met that girl that night" but accepted he told the inspector his "admission was true" and that he asked him "not to write it down". He was afraid that a garda who assaulted him would be brought back into the interview room. Earlier, Martin Conmey's sister said her brother returned from Garda questioning on 27th October 1971, with a "swollen face" and "bald patches on his head". Mary Gaughan broke down as she told the court she "vividly remembered" the "terrifying experience" of her brother coming home. Witness, who was 16 at the time, told Ms Pauline Walley, SC, for the State, that she observed her brother "traumatised". Former Attorney General Harry Whelehan who, as a young barrister, acted as a junior counsel in the Martin Conmey manslaughter trial, also appeared before last week's appeal hearing. Whelehan, now retired, said his first involvement in the "very dramatic and very tragic" case was when he acted on behalf of Martin Kerrigan and successfully sought his release from Garda custody. This, the court was told, was "a bittersweet victory" as Kerrigan was subsequently abducted and killed. He said recently he was asked to review a series of statements from three important witnesses and said he was "as certain as one can be" that defence lawyers for Martin Conmey were not furnished with such documents at the time of his 1971 trial. Witness agreed with Mr Michael O'Higgins, SC, also for Conmey, that their existence was important, as they could have opened up "new lines of inquiry". Harry Whelehan said it would have been relevant to their defence if it could have been established that witnesses were "repeatedly brought back" into Garda stations to make further "inconsistent" statements. The hearing continues this week.