AN application made by two Limerick brothers for the return of a washing machine seized during a murder investigation earlier this year was adjourned until after the conclusion of the criminal trial.
Sean Flanagan, 27, and Ian Flanagan, 23, who both have addresses in Prospect made a Police Property Application in relation to the washing machine which was seized earlier this year following the murder of Ger McMahon, 43, in January.
At Limerick Court, the brothers also sought the return of a mobile phone and various clothing items which were seized during the same investigation.
Insp Seamus Nolan, Henry Street, said he was opposing the application.
He confirmed the items had been seized by gardai investigating Mr McMahon’s death and he told the court there was “no dispute” as to the ownership of the washing machine, mobile phone and clothing.
However, he said the items which were the subject of the application have been the forensically examined and may have to be produced as exhibits during court proceedings next year. Solicitor John Devane said his instructions were that the items “do not form part of the evidence” in the criminal proceedings relating to the death of Mr McMahon.
However, Judge Eugene O’Kelly suggested the application was not appropriate in the circumstances.
“Is this application not an attempt to procure potential evidence that is being held in relation to the investigation?” he asked.
Mr Devane agreed and conceded the appliction was premature saying “my hands are tied”.
After being told that court proceedings are not due to take place until October 2013, the judge adjourned the application until January 2014.
He also asked that Sean and Ian Flanagan specify exactly what items of clothing they are seeking the return of.