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At a trial before the Special Criminal Court in Collins Barracks, Dublin, Kerins was formally charged on 2 October 1944 for the " shooting at Rathfarnham of Detective Dinny O ’ Brien ".
According to Coogan, " At the end of his trial, the president of the Military Court delayed sentence until later in the day to allow Kerins, if he wished, to make an application whereby he might have avoided the capital sentence.
When the court resumed, Kerins said: " You could have adjourned it for six years as far as I am concerned, as my attitude towards this Court will always be the same.
" He thus deprived himself of the right to give evidence, to face cross examination, or to call witnesses.

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