REPORT OF THE COMMISSION OF INVESTIGATION (DEAN LYONS CASE) Set up Pursuant to the Commissions of Investigation Act 2004 SOLE MEMBER: George Birmingham, SC Table of Contents Appendices Executive Summary 5 A. Garda Síochána notice of rights-- Information for persons in custody 195 1. Introduction 11 B. Garda Síochána custody record for Dean Lyons—hand-written 199 2. Programme of Work 15 B1. Garda Síochána custody record for Dean Lyons—typed 207 3. Chronology of Events 19 C. Garda transcript of video-taped interview of 219 4. The Early Stages of the Garda Investigation 31 Dean Lyons 26 July 1996 5. The route to Dean Lyons 45 D. Stenographer transcript of video-taped interview of 293 6. Dean Lyons’ Background and Personality 53 Dean Lyons 26 July 1996 7. The Events of 26 and 27 July 1997 Summarised in 57 E. Typed notes of interview of Dean Lyons by Det-Garda 353 Chronological Order Dominic J. Cox and Det-Sergeant Robert McNulty, 26 July 1997 6 pm 8. The Events of the Morning 26 July 1997 Considered 73 F. Typed statement of Dean Lyons 26/27 July 1997 [12 midnight] 365 9. The Reliability of the Admissions in the Interview of 85 G. Typed notes of relating to visits by Gardaí and Dean Lyons to sites 375 26 July 2.05 pm.-3.30 p.m. H. Typed statement of Dean Lyons 9 a.m. 27 July 1997 379 10. The Aftermath of the First Interview and the Second Interview, 109 I. Suspect profile 383 up to the Break J. Memo of notes of interview with Dean Lyons 387 11. The Second Interview Resumed: Quantum Leap 125 26 July 1997, 11 a.m.—1.40 pm 12. Sunday 27 July 1997 and the Early Weeks in Prison 141 K. Transcript of short video taped interview 26 July 1997 ending at 391 13. Continuing Attempts, After the Charge, to Verify Dean Lyons’ 151 5.50 p.m. when Dean Lyons requested that tape be turned off. Admissions 14. The Second Suspect and the McHugh Inquiry 157 15. The McHugh Probative Inquiry 165 16. The Attempts to Prepare a Case against the Second Suspect 179 17. The Terms of Reference Specifically Addressed 181 18. Ruling in Relation to Legal Costs. 193 3 4 Executive Summary In July 1997 Dean Lyons was 24 years of age. He was a heroin addict and had been taking heroin intravenously for the previous three to four years The following is a summary of the findings contained in the report of the Commission of approximately. At the time of his arrest he was sleeping rough and in hostels in Investigation: the north inner city. Dean Lyons was border line mentally handicapped and had a history of having attended a special school. Subsequent psychological testing Circumstances of the confession of Dean Lyons carried out by an expert in the field retained on his behalf established that he was On 27 July 1997 Dean Lyons was charged with the murder of Mary Callinan at abnormally and exceptionally suggestible and that he had an abnormal tendency Grangegorman on 6/7 March 1997. He had spent the previous 24 hours in the to give in to leading questions. He had a long track record of making up stories Bridewell Garda Station in Dublin. He had gone there initially in a voluntary that were wholly false and being able to tell these stories in a convincing manner. capacity having agreed to accompany two members of the Gardaí to the station and was subsequently arrested and detained under the provisions of section 4 of While in detention in the Bridewell Garda Station, apart from making admissions the Criminal Justice Act 1984. during the course of interview, he also made an unsolicited admission to a uniformed sergeant who was engaged in the routine task of checking him into During the course of his detention he was interviewed for a total of 6 hours and the station, and also made separate admissions on different occasions to each of 35 minutes over the course of four interviews. Interviews were conducted by his parents and persisted with these admissions and claims to having been three different teams of gardaí, each comprising two members. Also, during the involved even when challenged by his parents. course of the detention he agreed to leave the station and point out various scenes relevant to the crime to gardaí. Dean Lyons acquired the detailed information in relation to the crimes which is a feature of later interviews, and in particular the third interview, from the gardaí Only the first of the interviews after his arrest was video recorded. In the three who were interviewing him. In particular, he proved highly adept at acquiring other interviews the record of what transpired comprises hand-written notes information from the manner in which questions were formulated. Examples of taken by the gardaí which were signed and acknowledged by him. this are clearly evident in the first video-taped interview and are discussed in detail in the body of the report. During the course of the first video-recorded interview Dean Lyons freely admitted his involvement in the crimes. He engaged openly with his It is recorded that, in the course of the second interview, the manner in which a interviewers and did not display any signs of drug withdrawal or physical particular question was asked caused Dean Lyons to abandon an incorrect discomfort. While the admissions are unequivocal, they are almost wholly version of events in the house and take on board a correction implicit in the lacking in any detail. question. This was on a matter of fundamental importance. Up to this point he had consistently suggested that the women had been moving around the house, In a second interview, somewhat greater detail was provided but overall the which was completely contrary to the medical evidence. Now, for the first time, admissions would still be categorised as lacking in detail or precision. In the he accepted the correction contained in the question, and having accepted the course of a third interview conducted between 10.10 p.m. and midnight on 26 proposition contained in the question stuck to it. July 1997 Dean Lyons signed a statement of admission which, while not accurate in every respect, contains a great deal of detail relating to the nature of the As a matter of probability the same process as is visible on the video tape must wounds inflicted, the number and types of weapons used and the progress of the have continued during the later interviews. The written record maintained of the murderer throughout the house. The second and third interviews, which are the non video-recorded interviews is not comprehensive and matters are excluded two most significant interviews, were conducted by Det-Sergeant Robert that would have assisted in the assessment of the reliability of Dean Lyons. This McNulty and Det-Garda Dominic Cox. is not in accordance with section 12 (11) (b)(i) of the Criminal Justice Act (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987. Further, the procedure for the taking of statements as set out in the Judges’ Rules 5 6 was not followed, in that questions were asked during the making of the Assessment of the reliability of Mr Lyons’ confession before he was charged statement. with murder Prior to contacting the DPP just before the end of the detention period on 27 July Dean Lyons was not abused or ill treated in any way during the detention. His 1997 the investigation team did not conduct any formal analysis as such of the admissions were not produced by oppression or coercive conduct on the part of quality or reliability of the admissions. They did not address specifically either the Gardaí. Neither were the admissions produced as a result of anything in the the significance or otherwise of the errors and falsehoods that were contained in nature of a bribe or inducement. There was no deliberate attempt to frame Dean the admissions, or the dramatic improvement in recollection over the course of Lyons. However, Dean Lyons was able to provide accurate details of murders it the ten hours between the commencement of the interviews when in custody and is now accepted that he did not commit, due to the manner in which he was their interruption at midnight. Instead, the Gardaí focused on and drew comfort interviewed by gardaí. He wished to associate himself with the murders and from the circumstances of the admissions and in particular the fact that the readily agreed to leading questions which were asked by interviewing gardaí. admissions were part video recorded, were signed and that admissions had also been made to his parents. Having taken the admissions at face value the Misgivings expressed by members of the investigation team emphasis before, and indeed after, charging was on seeking to validate the One of the interviewers, Det-Garda Dominic Cox, the less senior of the admissions. interviewing team which conducted the two most influential non video-recorded interviews, had misgivings about the degree to which reliance could be placed Adequacy of information provided by the Garda Síochána on 27 July 1997 to on what was being said by Dean Lyons to the extent that he was referring to Mr the DPP Lyons as a Walter Mitty. These misgivings were not shared by his interviewing Prior to the expiry of the detention period the Gardaí consulted with the DPP partner. and recommended that Dean Lyons be charged with murder. While with the benefit of hindsight the decision to consult the DPP and recommend a charge The misgivings experienced by Det-Garda Cox were expressed by him on two was extremely unfortunate, it was at the time a proper and conscientious one.