Verdict due on June 19 in case of man accused of possessing almost €3 million worth of drugs at Kildare property

It is “inconceivable” that gardai would have failed to find an assault rifle and ammunition during a search of a Kildare house over two years ago, a defence barrister has told the Special Criminal Court.

“If they had been there, they would have been found,” Dominic McGinn SC told the three-judge court today.

The non-jury court has previously heard that a landlord's nephew found an assault rifle, ammunition and a large amount of drugs in the base of a bed whilst “clearing out” his uncle's house, just four days after gardai carried out a search of the premises.

Michael Brady (54), with an address in Blackrock, Co Dublin is charged with possessing €1.5 million worth of cocaine and €1.26 million worth of heroin and more than 180 rounds of ammunition at a property at Sallins Bridge, in Sallins, Co Kildare on January 24, 2017. He has pleaded not guilty to all seven counts on the indictment. 

The accused man was found not guilty of possessing an assault rifle by direction of the court last Friday. Another charge accusing him of possessing three ammunition magazines was withdrawn by the State on the same day.

It is the State’s case that forensic evidence links Michael Brady to some of the items found at Sallins Bridge and to the address itself. 

In February Declan Brady (52), a brother of the accused, pleaded guilty to possessing 15 firearms and more than 4,000 rounds of ammunition at Greenogue Business Park, Rathcoole, Co Dublin on January 24, 2017. He is awaiting sentence. 

Closing the prosecution case today, Fiona Murphy SC said the court can be satisfied that Michael Brady was in possession of the drugs at Sallins Bridge on January 24. There is no way his fingerprint could be on "a bar of the drugs" without his knowledge and there is strong support from an expert witness that this was his print, she said.

Ms Murphy submitted that the court has heard evidence that the accused man was seen emerging from the premises at Sallins Bridge in a car at 2pm on the day in question. He was stopped and arrested under the Road Traffic Act in Naas, where he provided a false name "Declan Brady", she said. 

Ms Murphy asked the court to take cognisance of why Michael Brady had given a false name saying: “This is someone with a guilty mind. There does not appear to be any reason why he could not give his own name”.

During the trial, Ms Murphy said that Garda Marguerite Reilly gave “particular relevant” evidence that she took part in the initial search of a small bedroom at Sallins Bridge on January 24 but said that she “did not go near” the bed. 

Furthermore, Ms Murphy said that Michael Brady testified that he was living at Sallins Bridge for the purpose of looking after dogs. Counsel said it was “incredible” that a house would be rented for the purpose of giving dogs somewhere to live.

In conclusion, Ms Murphy said the court could draw a reasonable inference that Michael Brady had "knowledge and control" of the items found in the house.

Addressing the three-judge panel, defence counsel Dominic McGinn SC said no evidence had been adduced that his client was involved in any other type of criminality, specifically the “serious arsenal” of 17 firearms, which had been found at Greenogue Business Park, Rathcoole, Co Dublin that morning.

“He [Michael Brady] doesn’t have trappings of criminality, the way his brother has,” submitted Mr McGinn.

The barrister pointed out that his client was an “unknown figure” when he was arrested by gardai that morning and had a “legitimate reason” to be at Sallins Bridge on January 24 as he was looking after dogs.

Mr McGinn further stated that it was inconceivable that Michael Brady would have given his brother’s name when he was stopped by gardai knowing that he [Declan Brady] was under arrest at the time.

“If he [Michael Brady] was the mastermind that the prosecution assert he is, it would be the last name he would give as his brother was up to his neck in very serious crime,” he added.

The barrister said his client chose to give Declan Brady's name to gardai as he had no drivers licence and the car was insured in his brother's name. 

The court has heard that gardai found Michael Brady’s fingermarks on 12 items including a "bar of drugs" and a windowsill in a bedroom, where the firearms were also found. 

Counsel said there was no evidence given in the trial that fingerprints are unique or not common in families.

“We don’t know if Declan Brady’s fingerprints are similar to Michael Brady’s,” he argued. 

Mr McGinn said there was no proof that the drugs were in the house when Michael Brady was there. There was a “gap of four days” between when the accused man left the house on January 24 and when he returned on January 28, when the drugs were found, he said. 

The barrister said it was "interesting" that one witness gave evidence that there had been a “meticulous” initial search carried out by gardai at Sallins Bridge on January 24. It was inconceivable that gardai did not find firearms and ammunition that day if they were there, he argued, adding that if these items had been there they would have been found. 

In conclusion, Mr McGinn said other people had visited Sallins Bridge between January 24 and 28 and the drugs could have got into the premises during this "interval". There is no evidence to prove that this is not a reasonable hypothesis, he outlined.

There was no better place to hide the firearms and ammunition than in a house which gardai had already searched, he emphasised, adding that it was unlikely that gardai would return to Sallins Bridge for a second time. 

Counsel said this case demanded a not guilty verdict for his client. 

Mr Justice Paul Coffey, presiding, sitting with Judge Gerard Griffin and Judge David McHugh, remanded Michael Brady in custody until June 19, when the court will deliver judgment on the case.