0:00

Thanks. For listening to inside the crime you'll

0:02

soon here from several of those closest to

0:05

the case. And. Help remind you

0:07

of who they are and what their

0:09

connections are. We've built an interactive family

0:11

tree and our website We can are

0:13

more about the key figures in this

0:15

story. You'll also find an easy to

0:17

follow interactive map of Porters time name

0:19

as it appeared in Nineteen Seventy One

0:21

with all the key locations clearly marked

0:23

out with Andy explain hers. You.

0:25

Will find it all at

0:27

News talk.com Forward/deeper inside the

0:29

crime. Now. Back.

0:31

To the podcast. In.

0:35

The last episode of Inside The Crime,

0:37

We heard how Una Lenski his body

0:40

was found up the Double Mountains two

0:42

months after she went missing. The.

0:44

Just hard to take. Do. Know that he

0:46

a young girl our next door neighbor are

0:48

causing force causal. Was held like that.

0:52

We also heard how poor just Town

0:54

Lane became a hostile environment for Mars

0:56

and con me Marty Kerrigan and Dick

0:59

Donnelly. The Lynskey

1:01

were convinced Dade County owner. And.

1:03

Not long after her body was

1:05

found, an act of misplaced vengeance

1:07

claimed Marti's life. Somebody has

1:09

taken your life because they hated

1:11

you because they thought you did

1:14

something that you didn't do. In

1:16

this episode of Inside The Crime we'll

1:18

go inside the courtroom. the boys hoped

1:21

the discovery of soon as body would

1:23

reveal who are actual killer was. when

1:25

it didn't. Martin. Indyk were

1:27

charged with her murder. For

1:31

a murder years group brain and the church crossed our

1:33

our to. The

1:35

Justice? Really? don't you know? Knowing

1:38

they were completely innocent, the boys

1:40

put all their faith in Lady

1:42

Justice. Surely there nightmare would soon

1:45

be over. Even. After

1:47

all the happens. You're.

1:50

Still tend to choose to sculpt commercial.

1:56

as we know own alinsky went missing on

1:58

the twelfth of october nine 1971.

2:01

She stepped off a bus from work that evening and

2:04

never made it home. Less

2:06

than two weeks later the Garther

2:08

murder squad had signed confessions from

2:10

Martin Connery and Marty Kerrigan but

2:13

even with those admissions charges were

2:15

not brought straight away. Without

2:18

a body it was much harder to build

2:20

a case. Not impossible but

2:22

definitely harder. And then

2:25

two months later Una's remains were

2:27

found in a shallow grave almost

2:29

40 kilometers from Portis Town Lane.

2:37

The discovery of her body didn't advance the

2:40

murder squads case against their main suspects but

2:43

equally it didn't support their claims of

2:45

innocence. To this

2:47

day we don't know how Una died

2:51

and her killer or killers didn't

2:53

leave any clues up the mountains. On

2:58

Sunday the 5th of March 1972, three months

3:00

after Marty Kerrigan

3:03

was killed, a decision was

3:05

made to bring charges against Martin Connery

3:09

and Dick Donnelly. Martin

3:11

couldn't believe it. No

3:14

it came as a shock. I was

3:17

standing in Dublin and with a brother of Dick's

3:20

and actually Dick was there as well and Dick

3:22

dropped me home and

3:25

they tried to stop Dick's car and

3:27

the way it comes from Dublin. A

3:31

guard from Dublin and he tried to pull Dick

3:33

out and Dick wasn't like at the time we

3:35

weren't too impressed with guards obviously

3:37

and Dick was a big strong man. He

3:39

said you take a bigger man a better man than you to

3:41

pull me out of this car. After

3:46

refusing to step out of the car Dick

3:48

sped off and the two pals continued their

3:50

journey home leaving the guards in their wake.

3:53

It's hard to blame them given their previous experience

3:56

in Trim Guard the station. However

3:58

it didn't take long for the guards to

4:00

catch up, as Martin's sister

4:02

Mary now remembers. I

4:06

have a clear memory of that. It was

4:08

the fifth of March. It was

4:10

a Sunday. It was a really beautiful

4:12

sunny day. And

4:16

it was just my

4:18

baby bed. I don't know,

4:20

half twelve, one coming up to one o'clock because

4:23

my mother was getting the dinner ready. But

4:26

because it was so nice, I know I was outside

4:28

in the yard. And I think I

4:30

was in kind of the hay shed when

4:32

the car drove into the yard really quick.

4:35

And he said the guards are coming.

4:37

They're trying to rest like dick or

4:40

whatever. And I remember feeling frightened.

4:42

So I went into the kitchen

4:46

and guards appeared from

4:48

everywhere around the sheds.

4:52

Like they must have come across the fields and

4:54

everything. Jesus, we were at five

4:56

or six of them. At least. They

4:59

all came into the house now and we put

5:01

our mother there crying and Jesus. And

5:04

your charge with Martin? I think the

5:06

police commissioner or something that had to be there

5:09

and he was there and we were charged and

5:11

the two of us were taken off to Mengei.

5:15

So was that your first

5:17

experience? Oh yeah, yeah. Stripped naked and so

5:19

did the uncle into these photographs

5:21

taking the year. So

5:24

it could be humiliation. After

5:27

being charged with Una's murder, Martin

5:29

and Dick were remanded in custody. But

5:31

they were later released on bail as

5:33

they awaited trial for Una Linsky's murder.

5:36

Neither of them could believe that they were headed for the

5:38

dock. But as Mary

5:41

says here, it was also oddly comforting

5:43

because they thought they'd finally be heard,

5:46

really heard and more importantly,

5:49

believed. In some ways, the

5:51

fact that they were charged, it

5:54

was a relief when they got over

5:56

the shock of it. This is no,

5:58

this is what I'm saying. out, this will

6:01

work out because

6:03

the word phrase I heard over and over again

6:05

is it will all come out in court. We'll

6:08

be able to tell what happened, you know,

6:11

there was

6:13

all this conversation going on in

6:15

our house around that time was

6:17

they'll be under oath, the guards will have to

6:19

tell the truth, they'll have to say what they did

6:21

to them because they'll be under oath. You

6:23

couldn't commit poutry. And

6:26

I remember my mother saying it to Martin

6:28

Solicitor at the time they were sitting off

6:31

and like sit out in the car and she'd

6:33

take her notes like and

6:35

the Solicitor just laughed. Three

6:44

months later, on the morning of Wednesday, the 28th

6:46

of June 1972, Mr. Justice

6:50

Seamus Henshey left his chambers and

6:53

marched into the central criminal court. His

6:57

arrival was met by a booming

6:59

voice. All

7:01

rise, his tip staff roared,

7:04

the words bouncing off the cold walls, startling

7:07

those in the public gallery to their

7:09

feet. Once

7:12

the judge had taken his place in the bench at the

7:14

top of the courtroom, everyone else

7:16

settled back into the wooden pews with

7:19

all now uncomfortable in their seats. Martin

7:23

Connery and Dick Donnelly were told to

7:25

stand for their arraignment. Both

7:28

pleaded not guilty to the murder

7:31

of Una Linsky and

7:33

a jury of 12 men was sworn in

7:35

to hear their trail. Back

7:38

then, women were automatically exempt from

7:40

jury service. Unlike men,

7:42

they had to apply for permission to be

7:45

even considered for selection. The

7:48

prosecutor opened his case by telling the

7:50

jurors they'd hear evidence of the two

7:53

accused men being on Porter's Town Lane

7:55

at the same time Una was abducted.

7:58

It was obvious right from the start. that placing

8:00

them on the lane during that 15

8:02

minute window after Una stepped off the

8:05

bus on Ferry House Road was absolutely

8:07

vital. Martin

8:10

had made a false confession to that effect, but

8:12

he was sure that jury would ignore it once they

8:14

heard how it was beaten out of him. Aside

8:17

from that, he wondered why the prosecutor

8:19

was so confident he could prove it.

8:24

To orientate the jurors, small maps were handed

8:26

to them with various homes and other points

8:29

of interest clearly marked out for them to

8:31

follow. Much larger maps

8:33

were mounted on boards around the course room for all

8:35

to see. To

8:38

Mary, who was in the public gallery, it felt

8:40

like she just stepped onto a movie set. It

8:44

just didn't feel real. The

8:46

theatrics of the whole thing did

8:48

catch my attention. The

8:50

fingers and the lapels. They

8:54

would look away from the witness when

8:56

they were asking them a question. They'd

8:59

look away from them. It

9:03

was all my lord and

9:05

my learner friend and all that. Even

9:08

at that time, they had

9:10

a tip staff. When

9:13

the judge, if we were out in the

9:15

round hall, if a judge was

9:17

coming and this fellow, everyone happened to

9:19

move out of the way. The

9:22

theatrics of it were probably

9:25

in some ways maybe fascinating as

9:28

a young person seeing all this. Using

9:31

a large-scale map, some key distances were

9:33

shared with the jury. They

9:35

were told it was 676 yards

9:38

from the entrance to Porterstown Lane on

9:40

the Ferry House Road to the ESB

9:43

Pylon, where it's believed Una was abducted

9:45

from. From

9:47

the Pylon to the Linsky's House was

9:49

775 yards, roughly

9:52

five lengths of Croke Park. That's

9:54

how close Una was to making it

9:56

home. the

10:00

pylon was a bridge. The

10:02

guard the mapper described as a short stone

10:04

or concrete wall on both sides of the

10:06

road with a stream running underneath. Just

10:10

beyond the bridge was a gateway leading into

10:12

a field. At

10:15

this corner the road widens and

10:17

when asked by the judge if he could turn a car at

10:19

that point the witness said it would

10:21

be quite easy to do so. If

10:25

Una was abducted around about where the ESB

10:27

pylon was many routes could have been taken

10:30

to where her body was found. The

10:32

shortest and most sensible distance by road was

10:35

23 miles going through Clonie,

10:39

Lucan, Clondalkan and Tala.

10:42

The juror is now familiar with the various crime scenes

10:45

the court adjourned for lunch. I

10:49

would mostly have been up in

10:51

the gallery again. I remember being

10:54

there with Katie. A

10:56

lot of it particularly the stuff that

10:58

was held in camera was you know

11:01

what they used to call legal debates.

11:03

So I would sometimes just walk up

11:06

to Henry Street Jan. My mother

11:10

and my father like were witnesses. They were

11:12

getting expenses for lunch and wasn't using

11:17

the full amount. My mother gave me some

11:19

of the extra money one day and

11:21

I bought a new pair of shoes and I said

11:24

to my friend well at least I got a new

11:26

pair of shoes out of it. And

11:28

I know I probably didn't realize

11:31

the seriousness of it. I

11:33

think we didn't because we knew they didn't do it. We

11:35

knew there was no evidence. The

11:38

economies knew there was no evidence. The

11:40

Donnelies and the Kerrigan's knew it too. But

11:43

the two pals wouldn't have been put on trial if

11:45

the state didn't think they had a case to answer.

11:49

And as the trial went on a clearer

11:51

picture would come into focus. As

11:55

The last known person to see Una

11:57

alive. Her cousin Anne Gaughan was a

11:59

key witness. Establishing

12:01

a precise timeline was essential.

12:04

And. When asked, she was absolutely certain

12:06

of the time They stepped off that

12:08

post. Without hesitation, she said it was

12:11

seven minutes to seven. Exactly.

12:14

Laser. Dicks Paris or asked her

12:16

to tell him the time without looking at our

12:18

watch. She. Said it was

12:20

a half past three. When

12:24

it was put to her that she was fifteen minutes

12:26

house. Her memory of the exact

12:28

time see and Do Not Gonna Stop Us was

12:30

called into question. But

12:33

and held from insisting she wasn't wrong

12:35

because you remember looking at the clock

12:37

when she got home. Which. Was right

12:39

next to the bus stop. Again,

12:42

for the prosecution to succeed, it was

12:45

absolutely essential for them to convince the

12:47

jury a Dick and Mars were on

12:49

the lane at the same time as

12:51

Una. The lads

12:53

insisted that wasn't possible and lots

12:55

of people back them up under

12:57

oath. Matthew

13:03

Reilly told the jury he and Thick

13:05

Donnelly were sewing weise on Coils Farm

13:08

that day. After work

13:10

he said Dicks car wouldn't stars so

13:12

he helped him. He gave it a

13:14

push. According

13:16

to Matthew Dicks password, Zephyr spluttered

13:18

back to my at twenty past

13:20

six. Or maybe twenty five minutes

13:22

past six. Half an

13:25

hour before Una stepped off the bus.

13:28

Meanwhile. On another part of

13:30

the farm, Raymond coil was pulling Brussels

13:33

sprouts with Martin con me. He

13:36

remembered Dick arriving to collect Mars and

13:38

sometime between half past six and a

13:40

quarter to seven. Marty

13:43

Kerrigan father was next to take

13:46

the stance. according to him. Six

13:48

car pulled up outside their house

13:50

sometime after seven o'clock. again

13:53

to carry guns lives just off the top and

13:55

not and wrote about one and a half kilometers

13:57

from the entrance to the bottom of porter's town

13:59

lane He

14:01

remembered Marcy leaving the house with

14:03

his daughter Casey following him out the door

14:06

moments later. Here

14:08

Casey recalls what she told the jury.

14:11

Martin Canme and Dick called her house

14:13

because they were coming from Cura Ha

14:16

and they were picking up Marcy. But

14:19

I went off to the shop with them to get briquettes to light

14:21

the fire. And

14:24

I went into the shop and

14:26

Ailey and my sister already had got the

14:28

briquettes. We met her on the road. She

14:30

was going on home with them. So I

14:32

just came back out. They brought me back

14:34

down to the house. Barron's

14:37

shop wasn't far from the Kerrigan's. It

14:40

was just down the road and the shopkeeper knew

14:42

the family well. She

14:44

remembered Casey coming in that evening at

14:46

about five past seven. When

14:49

asked what time Dick dropped her back to the

14:51

house afterwards, Casey told the jury it would have

14:53

been about a quarter past seven. So

14:57

if Una was abducted in the 15 minute

14:59

window after she got off that bus

15:01

at 653 p.m. by

15:04

all accounts so far, Martin and

15:06

Dick had an ironclad alibi. They

15:09

simply could not have been on Porterstown

15:11

Lane when Una went missing. The evidence

15:13

so far put them two kilometers away.

15:16

However, the first seeds

15:18

of doubt were soon sown by guard

15:21

John McKeown. Remember him?

15:23

He claimed he was parked outside Barron's

15:25

shop when Dick Donnelly's Ford Zephyr pulled

15:27

up that evening. He

15:29

told the jury he saw Casey go in and

15:32

come out a minute or so later. When

15:35

asked what time Dick's car left

15:37

Barron's shop, he said about

15:40

653. 653,

15:43

he was asked. Yes,

15:46

he replied. Seven

15:48

minutes to seven. Porik

16:00

Gohun told us in an earlier episode what

16:02

he saw as he walked home along the

16:04

lane just after 7 o'clock that evening. I

16:09

just heard something coming behind and was

16:11

just dead and I mean I felt

16:13

this car coming towards me. Beautiful

16:16

car. There was

16:18

no night out of it.

16:21

That car just crept by us.

16:23

It wasn't going fast. And

16:26

I looked straight into the driver. I

16:28

got a great look at him. He was

16:30

this middle aged man. Well dressed. Fair

16:33

suit, tight. Well

16:35

grilled. Having

16:38

seen what he'd seen, you'd think Porik would

16:40

have been a star witness. But

16:42

when he took the stand, he was surprised

16:44

by how little he was asked about the

16:46

middle-aged man he saw driving the car. So

16:50

too was his wife Mary who attended

16:52

every day of her brother's trial. I

16:55

can't remember a lot about it. I can. I

16:57

can't remember what he told me.

16:59

It's not very long. But

17:02

you told me that one of

17:05

the things you remembered was when getting

17:08

out of the witness box was like

17:11

you wanted to say more

17:13

about the man in the car. You didn't

17:15

even. I remember

17:17

that. Yeah, yeah, yeah. There's no doubt.

17:20

I mean I was asked very little.

17:24

I'm not sure what I said. You

17:26

were asked them, did you recognize them?

17:28

And I think you said it was nobody I

17:30

knew at the time. And then they

17:33

didn't even ask him to describe them or anything.

17:36

So did you feel Porik looking back on it and

17:38

maybe stepping down off the witness box, did

17:41

you feel that you hadn't been afforded that

17:43

opportunity to tell everything that you knew and

17:45

remembered from that night? Yeah,

17:47

I'd love to have been able to

17:49

say more. To describe them

17:52

when I was there properly, what

17:55

he was wearing and describe

17:57

the car. But

18:02

I wasn't afforded

18:04

that opportunity. It was all just all too short.

18:08

According to the court records from that day

18:10

of evidence, Porrick described the car he saw

18:12

driving up the lane as a very big

18:15

kind of car, brown in colour.

18:18

When he told the jury he got a good

18:20

look at the driver, the prosecutor asked if he

18:22

recognised him. Porrick said he didn't.

18:26

When Dick's barrister asked him if it was his

18:28

client driving the car, Porrick said it

18:30

wasn't. He knew Dick Donnelly

18:32

and it definitely wasn't him. Porrick

18:38

wasn't the only witness to feel a bit

18:40

deflated after taking the stand. Marty's

18:42

sister Anne Kerrigan felt the same. She,

18:45

as we now know, went

18:47

on to marry Dick Donnelly. Her

18:50

evidence also supported the lad's account of

18:52

going to Barron's shop after

18:55

7 o'clock. But she too

18:57

felt they couldn't get her out of the box quick

18:59

enough. I

19:01

remember getting up in the witness box and

19:03

trying to tell my story. You

19:06

only answered the questions that

19:08

they wanted you to answer. It

19:10

was yes or no. You couldn't

19:12

tell them what exactly happened.

19:15

They didn't, they answered yes or

19:17

no. Which was very frustrating.

19:20

Every half hour on that particular

19:22

night was accounted for, where they

19:25

were. Every half hour

19:27

from the time they left our house

19:29

until they came back home at half

19:31

eleven that night. So where or

19:34

how they were supposed to have done

19:36

it and brought that poor girl to

19:38

the mountains and got back home. And

19:41

did Dick feel that, I mean, what

19:43

were his thoughts when he was eventually

19:45

charged with murder? Because,

19:47

as you say, and it's there in black

19:50

and white and it was at the time,

19:52

there were lots of people, including yourself, who

19:54

were giving evidence that completely contradicted what the

19:56

prosecution was trying to say. And

19:58

They seemed to rely on a couple of people. The statements. I

20:00

mean that must have been a source

20:03

of great frustration for Dick. or was

20:05

he confident that the trial would see

20:07

him syndicated? I. Think he he he

20:09

never expect to see this can

20:11

be charged a found guilty of

20:13

their own. This mansour. America if will

20:16

be say her to sink and oh science.

20:18

When you have nothing to do suspicious

20:20

and see if is in know anything

20:22

about. Even after all that happens he

20:24

still tend to choose to sculpt. Commerce.

20:29

In terms of time means and the sequence of

20:31

events, Garden Kilns testimony

20:33

was significance. Because by

20:35

pushing books car outside bounds shop

20:38

at the earlier time of Six

20:40

Fifty Three, his evidence contradicted the

20:42

other side's version of events. Despite

20:46

thus, Martin Indyk remains

20:48

optimistic. Surely they

20:50

toss. The. Jury wouldn't rely

20:52

on his evidence after hearing everyone

20:54

elses. But.

20:56

Their glasses soon became half

20:58

empty. As. One

21:01

after the other, the prosecution

21:03

called it's three star witnesses.

21:05

Saw. Really? Merson. Madden.

21:14

After working on a building site and open all

21:16

day. Sean. Right! He told the jury

21:18

he got back to bus home importers tongue lane

21:20

at about five to seven. Roughly.

21:22

The same time, Una got off the bus

21:25

on nearby Fairyhouse wrote. His

21:28

friends Marson Madden cold over a

21:30

few minutes laser. Show

21:32

and that he went outside got into the

21:34

car which was part of the case. Soon

21:38

afterwards sean right he said he noticed

21:40

a car coming from the direction of

21:42

Fairyhouse Road. In

21:45

a statements made before the trial. He

21:48

named Dick Donnelly as the driver

21:50

and Marty Kerrigan at the front

21:52

seat passenger would know he was

21:54

refusing to swear thus under oath.

21:57

instead he said he thought was the noise

22:00

the car might be Dick's and

22:02

if it was he presumed Dick was

22:04

driving and if so he thought

22:06

he might be driving Marty home. Martin

22:11

Madden told the jury he also remembered

22:13

the car passing down the lane. He

22:15

thought it was yellow in colour. When

22:18

asked if he saw who was driving it he said

22:20

he didn't. According

22:22

to the prosecutor, Martin Madden's testimony

22:24

also differed from what he said

22:27

previously. As a

22:29

result he was treated as a hostile

22:31

witness. In

22:33

the end Martin Madden accepted that he

22:35

did say he thought Dick Donnelly was driving the

22:37

car and he also said he thought

22:40

he saw Marty in the front. Another

22:44

card of the prosecution's sleeve

22:46

was 13-year-old John Shevlin who

22:49

lived near the Linskeys. While

22:51

in a hay shed around the same time Uno went

22:54

missing he told the jury he

22:56

heard a car driving up Portis Town

22:58

Lane in the direction of Ferry House

23:00

Road. He said

23:02

he knew the sound of his neighbour's cars and

23:04

by the noise it was making he thought it

23:06

was Dick Donnelly's. This

23:09

would have been just before screams were heard

23:11

coming from some nearby fields. The

23:16

evidence of Sean Riley, Martin

23:18

Madden and young John Shevlin

23:20

was hugely significant. If

23:23

they were to be believed you now had

23:25

Dick's car on Portis Town Lane driving

23:27

towards the stretch of road that Uno

23:29

would have been walking home. More

23:32

than that you had in

23:34

doing so during that crucial 15-minute

23:37

window. Martin

23:40

was horrified by what he heard especially

23:43

because he knew it wasn't true.

23:46

No, I was shocked when I heard what they were saying.

23:50

She would have been picked up and gone at that stage

23:53

and that's what we were hoping on but in

23:57

court there was hope from my

23:59

the league attempt that they proved everything

24:01

was wrong and they proved that what

24:04

happened was on trail, the

24:06

truth would come out. As

24:09

Martyn said there, he just hoped the

24:11

jury would believe their timings. If

24:14

they did, they'd know Una was already

24:16

gone by the time they arrived on Portis Town

24:18

Lane. His mother gave

24:21

evidence of him coming home at about

24:23

7.15. He was his

24:25

normal self, she said. Martyn's

24:29

then girlfriend Patricia Carey said he and the

24:31

boys were in very good spirits when she

24:33

met them later that evening. Did

24:36

they look like men who were after doing

24:38

in some unfortunate girl? She was

24:40

asked. Not to me, she

24:43

replied. For

24:47

the defence, it was vital to get

24:49

Martyn's false confession thrown out. To

24:52

do so, they had to convince the

24:54

judge that the damning statement he made

24:56

as Trimgar the station almost two weeks

24:58

after Una went missing wasn't made freely.

25:02

The jury was sent away to allow the lawyers to

25:04

base the issue. They

25:07

were now in legal argument. Martyn

25:11

told Mr Justice Henshey that his admissions

25:13

were beaten out of him. He

25:16

said there were lies told out of fear

25:18

of what Detective John Courtney and Garda Bryant

25:20

Gilday might do to him if he didn't tell

25:22

them what they wanted to hear. The

25:26

prosecutor said there was nothing to suggest the

25:28

statement was improperly taken. Garda

25:31

Bryant Gilday was then called. It

25:35

was put to him that he was assigned to the

25:37

case as a strong armed man. He

25:39

denied that. He also denied

25:41

losing his temper during the interrogation. When

25:45

asked if he repeatedly banged the table,

25:48

Garda Gilday said he may have tapped it a

25:50

bit, but only to make a

25:52

point not to intimidate or frighten Martyn in

25:54

any way. Did

25:57

you punch him? He was asked. Lord

26:01

he replied. It

26:03

was then put to him that he did

26:05

punch Martin twice in the early hours of

26:07

the morning after Martin had gone without food

26:10

or sleep. Certainly

26:12

not, he said. He

26:15

denied calling Martin a murderer. He denied

26:17

shouting at him. In fact, he said

26:19

he was nothing but courteous towards Martin.

26:24

Dick Donnelly also accused Gardigilday

26:26

of beating him. He

26:28

told the judge he must have hit him

26:30

a dozen times and he also claimed he

26:32

attacked him with a hot fire poker. Again

26:36

Gardigilday denied any

26:38

wrongdoing. Martin

26:41

just shook his head as the haunting

26:43

memories of that night came flooding back.

26:50

Gilday came in and just looked at

26:52

me and drew out and I went to the

26:54

chair and went flying and I went... He'd hit

26:58

you a box? Yeah, he's

27:00

not a mercy with a box. Lunatic,

27:02

that's what he was. Before that

27:05

he was banging the table and kicking chairs around

27:07

the place. I was just waiting for a box.

27:12

At the time, Gardigilday was 47. He'd

27:16

been a Garda since he was 21. Martin's

27:19

barrister asked him if he regarded himself as a

27:21

bit of an athlete. No,

27:23

not particularly, he said. Used

27:26

to play football, he was asked. Football

27:29

and hurling, he replied. No

27:32

doubt wondering where this line of questioning was

27:34

headed. Any

27:37

weightlifting? No. When

27:41

Dick's barrister later asked him his weight, he said he

27:43

was about 14 stone. He was

27:46

then asked to stand up in the box and

27:48

when he did, he was told he

27:50

had an enviable lack of middle-aged spread

27:53

before being asked if he was right-handed or

27:56

left-handed. Again with

27:58

a curious eyebrow red. he

28:01

confirmed he was right-handed and

28:03

with great glee Mary now remembers

28:05

what happened next. I

28:08

remember Gilday being

28:12

questioned. I think the defence

28:14

barrister was trying to talk

28:16

to him about, you know, you like

28:18

boxing, you were involved in boxing and asked

28:22

him to close his fist. And

28:25

Gilday wasn't even quick and

28:27

smart enough to know who I was being done to.

28:31

Gilday may have been bemused by

28:33

the request, but the sight of

28:35

his tough, sinewy knuckles, nestled tightly

28:37

in his closed fist was

28:40

striking and very effective. When

28:43

Detective Gilday John Courtney took the stand,

28:45

he said he felt they were fair

28:48

in their dealings with Martin and didn't

28:50

agree that Gilday was rough and brutal

28:52

with him. He

28:54

denied Gilday dragged him from the table into the

28:56

centre of the room. He denied seeing

28:58

him knock Martin to the floor with a blow to

29:00

the face. He denied seeing him dragging

29:02

Martin to his feet by the hair of his

29:04

head. Remarkably, it

29:07

was later claimed that Martin tore his own hair

29:09

out as he wrestled with his conscience.

29:12

Detective Courtney said that at two o'clock in

29:15

the morning, Inspector Hubert Reynolds told them he

29:17

wanted to speak to Martin alone, and

29:19

that when he returned, he said Martin had

29:21

made certain admissions. In

29:24

his evidence, Inspector Reynolds said he had no

29:26

recollection of threatening to bring the other two

29:28

fellows back in if Martin didn't tell him

29:30

the truth. In

29:32

the end, the judge decided that

29:34

Martin's economy statement, saying they did pick

29:37

Una up at the bridge on Portis

29:39

Town Lane, was admissible.

29:43

The jury was called back in and the

29:45

trial resumed. No

29:48

fists were thrown during that legal argument, but

29:50

this felt like yet another blow. Arguably,

29:55

the hardest. that

30:00

I never caught. I thought when you take

30:02

the Bible in your hand you'd tell the

30:04

truth. But it didn't make any difference.

30:06

I took a newspaper and I handed it

30:08

to the police to know everything. We

30:11

never let a finger in them. Not a wrong word, said. With

30:15

his false confession allowed in, Martin didn't

30:17

think things could get any worse. But

30:20

they soon did. On

30:22

the tenth day of the trial, his former

30:24

flatmate, Thomas Mangan, told the

30:26

jury that Martin confessed to him that

30:28

Dick had killed Una by

30:31

accidentally knocking her down. He

30:33

counted Martin had a few drinks on him when he told

30:35

him this in the bedroom they shared in Dublin. He

30:38

said he just brought it up out of the blue. Sitting

30:41

in the dock, Martin once again

30:44

couldn't believe what he was hearing. Don't

30:47

you get any choice, no matter what, because he was taken in as

30:49

well and spent the whole

30:51

day inside in a stall. Thomas

30:54

Mangan, did you share a room with him?

30:56

I did share a room, yeah. And

30:58

he claimed that you had essentially

31:00

confessed. Something about

31:04

knocked over the car and

31:06

left her up in the mountain or

31:09

something like that. He wasn't telling me

31:11

much, nor in court. That's

31:13

what he said. And it didn't happen?

31:16

No, never happened. So I would have

31:18

told him, trying to confide in

31:20

someone, telling them the truth of what happened and trim

31:23

him. And all of a sudden the cops pick him

31:25

up and bring him in and use him as a

31:27

state witness after grueling the whole day inside to

31:29

say just more

31:32

evidence for them to get conviction. That's

31:34

what it seemed like to me. Under

31:37

cross-examination, Thomas Mangan couldn't remember when

31:39

he told the guards about this

31:42

alleged confession. Later,

31:44

it emerged he was taken to Rapfarnam

31:46

Garthar station at four o'clock on the

31:48

afternoon of the 19th of January, 1972,

31:52

and kept there for seven hours.

31:56

The prosecution fiercely challenged claims that he

31:58

was ill treated. there. Interestingly,

32:02

after a technical examination of Dick's

32:04

Ford Zephyr, there was nothing to

32:06

suggest the car had been in

32:08

a traffic accident or had knocked

32:10

somebody down. There was also no evidence

32:12

of a body being carried in his

32:15

boot. The

32:17

case against the lads was entirely circumstantial and

32:20

would soon be left in the hands of

32:22

the jurors. Before

32:24

he sent them away to consider a

32:26

verdict, Mr. Justice Seamus Henshey reminded them

32:28

of two witnesses in particular, Sean

32:31

Riley and Martin Madden. He

32:35

said, and I quote, These

32:38

two pieces of evidence are much relied

32:40

on by the prosecution. As

32:43

proving that the accused were in the

32:45

car that went from Barron's shop up

32:47

Porterstown Lane, met Una

32:49

Lynskey, something happened which

32:51

had facial results, that the

32:54

car turned back and came down

32:56

Porterstown Lane towards the Navin

32:58

Road. If that is

33:00

not proved your satisfaction, much

33:02

of the prosecution case goes.

33:07

And with that, after

33:09

a grueling 13-day trial, the

33:12

jury began its deliberations. It

33:16

proved to be an anxious wait, as

33:18

Mary now recalls. The case was

33:21

not a

33:23

case of a trial. We also just hung around the four

33:25

courts and I know

33:28

the jury came back, they

33:30

were called back at one stage or something

33:32

to ask if they'd like tea. And

33:35

then later on, they

33:38

came back and they wanted the

33:40

definition of manslaughter. And

33:42

that's when everyone,

33:46

this this just doesn't look

33:48

good. And I

33:50

remember being in the courtroom and

33:53

Anne Kerrigan, she

33:55

was crying. She was, you know,

33:57

sitting on the bench and she was crying. and

34:00

the court clerk or

34:02

something, one of the staff, you

34:05

know, they were all just hanging around waiting

34:07

and he just, he was nearby and he'd

34:09

come over, he said, don't be crying, he

34:11

said, that's, he said, then it

34:13

won't be found, there was nothing, he said, there

34:15

was no evidence, don't be, don't be

34:17

worried, he said, it'll be okay. And

34:20

I remember, like

34:22

along the keys that, there

34:25

was no traffic at that night, the

34:27

place was deserted. I remember I'd crossed

34:29

over the road and I was just

34:32

leaning at the wall looking

34:34

into the liffy just out there

34:36

and Pory came up beside me and

34:40

asking like, you know, what

34:42

was happening and I told him about

34:45

them, they came in looking for a

34:47

definition of manslaughter and I was crying

34:50

and just remembering like, you

34:52

know, his arm around me and then

34:59

we had to go back in whenever, you

35:02

know, for the

35:05

verdict. At

35:09

3am on Saturday the 15th of

35:11

July 1972, everyone

35:14

was told to return to the central criminal course.

35:19

Having poured over the evidence for 12 hours,

35:22

the jurors had reached a verdict. The

35:27

public gallery soon swelled as

35:29

those who had gone out to stretch the legs

35:31

raced back to the courtroom as quickly as they

35:33

could. And

35:36

then after what felt like

35:38

an eternity, the jurors filed

35:40

back in and took their seats. A

35:47

collective intake of breath sucked

35:49

the air out of the room as

35:51

the foreman was asked if they had reached a

35:53

decision. Yes, was

35:56

the reply. Marcin

35:59

and Dick grace themselves in the dock. You

36:04

find the accused men not guilty

36:07

of the murder of Una Linsky,

36:09

but guilty of her manslaughter. Is

36:12

that a decision of you all? Yes,

36:16

my Lord. Jesus

36:22

Christ, when you come through

36:24

defeat, guilty of manslaughter, you know?

36:28

When the verdict came out, it just, everything went blank.

36:32

I couldn't believe that was happening. I looked over at my

36:35

solicitor and, you know, you're

36:37

kind of living in hope that God wouldn't

36:39

allow someone to be convicted of something they

36:41

didn't do. The

36:43

poor mother used to run across the road praying

36:46

in the church across the roads that

36:48

justice would be done, you know? You'd

36:51

hope in your legal team and fight

36:53

your carnival. When

36:59

the verdict was called out, I

37:02

knew there was a promotion behind me and

37:05

I looked back and

37:07

my dad's a tall man. He was a tall man and

37:10

he was standing, you know,

37:13

with his back. He was against

37:15

the wall and he was collapsing. He

37:18

was collapsing. And I just

37:20

looked back just to see the frame.

37:22

It was just going down. And

37:24

then they, the jury were told,

37:27

you know, we couldn't leave like

37:29

the jury were dismissed and

37:31

they filed past us. I

37:35

always remember looking at them. They did not

37:37

look happy. But

37:39

I remember looking at them and thinking, you

37:42

are the most stupidest looking people I

37:44

have ever seen. They

37:47

looked bewildered. And

37:49

my next memory then, it was

37:51

me who gave the news to my mother. And

37:54

my mother just went hysterical. She

37:57

started roaring, crying. And

38:01

I was crying. The

38:03

scene was awful. With

38:07

the trial now over, Martin and Dick were

38:10

taken into custody. After

38:12

sentence hearing a few days later, Martin's

38:14

father told Mr. Justice Henshey that his

38:16

son never gave him any trouble at

38:18

home. He described him as a hard

38:21

worker, and while he knew he took a

38:23

drink, he said he'd never seen his son drunk. Dick

38:27

Donnelly's father described his son as

38:29

outstanding. He said he was a great man

38:31

around the home, never had to look for

38:33

money, and always handed over his wage package. Having

38:38

heard the words spoken on their behalf, the

38:40

judge decided to impose a shorter sentence than

38:42

he would otherwise. He

38:45

jailed them both for three years. Martin

38:48

just couldn't get his head around it. They

38:51

had done no wrong. I

38:53

remember my solicitor, who was a

38:55

mara noone, an ad

38:58

boy. She was our solicitor. I

39:00

remember looking at Santa, and I

39:02

said, I didn't do anything wrong. I

39:04

was crying. And

39:07

all she could say to me is, it's only

39:09

three years. You'll be out in

39:11

two years and three months. But I

39:14

looked and I said, oh, Christ. It

39:18

was three years to me. At the time,

39:20

it was three years. I didn't know it was for

39:22

permission or anything like that. But that's what she said

39:24

to me. She said, you'll

39:26

be out in two years and three months. I

39:29

didn't say I wasn't able to talk then. That

39:32

wasn't any worse to say that to me. And

39:35

did your family get an opportunity to say goodbye

39:37

before you were taken away? No,

39:40

I can't remember that either. I

39:43

can't remember my mom and dad being there saying goodbye

39:45

to me. There could have been. I

39:47

can't recollect that. And

39:50

what about that first night in prison,

39:52

as you say, like if

39:55

you've done something and you're punished for it,

39:57

there is a level of acceptance. It's not

39:59

nice. of acceptance but

40:01

when you haven't and you know in your heart and soul

40:03

you haven't. What was it like when they locked

40:06

that cell door behind you that first night? I

40:11

just remember going into the cell

40:14

and just crying and

40:17

then there was this thing after a

40:19

stage, a certain stage, the whole thing

40:21

I'd say, well look American, it's

40:24

your own fault, just a weak person admitting the something

40:26

you didn't do which I kept

40:28

telling myself for

40:30

everything because I was a

40:32

compounded or bloody thing. And

40:35

then I was kind of lonely, I used to draw

40:38

pictures of my home and you'd stick them

40:41

in the wall

40:44

just to kind of feel like you

40:47

were at home. I'd just

40:51

been locked up for something I didn't do. And

40:55

did you still hold out hope that somebody was

40:57

going to open that door and say we've made

40:59

a terrible mistake? No, that never came into my

41:02

mind. I was religious back then, it

41:04

was probably just for my Lord to

41:06

raise my man. I used to pray and hope

41:08

that the person that didn't do it would give

41:10

himself up or something. I lived in hope and

41:12

there that something would crop up. With

41:17

Marcin and Dick now in prison, albeit

41:19

for a crime they didn't commit, the

41:21

people of Portis Town Lane tried to get on

41:23

with their lives as best they could. But

41:26

life on the lane would never be the

41:28

same. Within months, the

41:30

Linsky farm was put up for sale and

41:33

they moved away soon afterwards. So

41:36

many lies destroyed, when

41:38

would it end? None of

41:40

us forgot it, but

41:42

we didn't spend loads

41:45

of time talking about it either.

41:48

We weren't able actually. In

41:50

the next and final episode of Inside

41:52

the Crime, we'll find out what happened

41:54

after the boys were sent to jail.

41:57

They knew they were innocent. They

41:59

knew... They shouldn't be there. But

42:02

would the system set them free?

42:05

It was cruel just getting through, trying to live life,

42:07

saying I'm accused of this. It was like I felt as

42:09

if nothing could be done, I just had to live

42:11

with this for the rest of my life. And

42:15

with the wrong men behind bars, nobody

42:18

was looking for the actual killer.

42:22

Case closed as far as the murder squad

42:24

was concerned. Would justice

42:26

for Una be lost forever?

42:29

It will never go away. Maybe if they

42:32

find out who did do it, it might

42:34

give us peace of mind. For

42:59

more information, please contact the Garda Confidential Line on

43:01

1800 666 111. You

43:05

can also email us at insidethecrime

43:07

at newstalk.com. It's

43:09

never too late. Inside

43:12

the Crime was hosted by me, Frank Rainey, produced

43:16

by Aisling Moore, with sound mixing

43:18

by Lachlan Hart.