A 37–year-old man has appeared in court charged with the double murder of a father and his young daughter in their home in Tralee almost 12 years ago.

Philip Griffin of no fixed abode but originally from Tralee is also charged with setting fire to the house.

He had been extradited from the UK on foot of two arrest warrants issued last November by Judge David Waters, Cahersiveen District Court heard on Thursday.

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An application by the State, for reporting restrictions was refused by Judge Waters.

The brief application was on the instructions of the DPP regarding identifying the child, the court heard. He also questioned if he had the power to make such an order; it was unrealistic given the widespread reports on the front pages of today’s newspapers, the judge said, and he did not live in a vacuum, he also said.

Philip Griffin is charged that on May 12, 2012 at 42 Killeen Heights, Tralee, did murder Anthony O’Brien (30) and Nadine O’Brien (5).

He is also charged that on that date he committed arson in that he damaged by fire a dwelling house at 42 Killeen Heights, Tralee.

Detective Sergeant Ernie Henderson of Tralee Gardai gave evidence of arrest, charge and caution.

Anthony O'Brien and his Daughter Nadine O'Brien
Anthony O'Brien and his Daughter Nadine O'Brien

He arrested Philip Griffin at Dublin Airport on Wednesday on foot of two arrest warrants issued by Judge Waters last November.

He conveyed him to Tralee Garda Station where he was charged and cautioned.

“I have nothing to say at this time,” was the reply, Sgt Henderson said.

Inspector Stephen O’Brien, prosecuting, said the State’s application was that the accused be remanded in custody to appear via video link at Tralee District Court on February 14 next.

The State also applied for a restriction on reporting on what would identify the child, the garda said.

The aftermath of the fire at Killeen Heights in Tralee, Co. Kerry in 2012.
The aftermath of the fire at Killeen Heights in Tralee, Co. Kerry in 2012.

Judge Waters asked if he had the power to do so and was told he may not have.

The matter had been widely reported, the judge also said. The restriction might not apply to a deceased child, he also said.

The press could also make an application to lift the restriction.

He was not living in a vacuum. He was reading the newspapers, Judge Waters said.

He was told the DPP had asked for the restriction.

Judge Waters refused the application.

“I think that order would be unrealistic given what’s on the front pages of the newspapers today, “ Judge Waters said.

Any such order would “be meaningless” in the current circumstances, the judge said.

Griffin is also charged that on May 12, 2012 he committed arson in that he damaged by fire a dwelling house at 42 Killeen Heights, Tralee.

Brendan Ahern, Solicitor for Mr Griffin, applied for legal aid. His client was of no fixed abode and had no assets, no income, and had been extradited from the UK, the solicitor said.

Mr Ahern also asked that he receive medical attention in custody. This was for physical, not any psychiatric issues, the solicitor said.

Judge waters made the order. He remanded him in custody to Tralee District Court to appear by video link on February 14.

Kelly O’Brien, wife of the late Anthony and mother of Nadine, was in court. She is being assisted by a garda liaison officer. She shouted at the accused as he left the body of the court.

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