Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
Court of Appeal dismisses appeal against conviction for murder, on the grounds, inter alia, that: (a) the Special Criminal Court did not err in admitting DNA evidence where the appellant's own expert had not indicated any disagreement with the evidence recovery methodology demonstrated to him, but only with the subsequent analysis of the results, and the appellant had not pointed to any specific test that he would have wished to have been carried out nor explained how the results of any such test might have benefited his defence; (b) the Special Criminal Court's findings of fact on the DNA issues were unassailable and its conclusions were cogent, reasonable and open to the court on the evidence; (c) there was nothing in the evidence to suggest a deliberate and conscious violation of the appellant’s rights, or any violation at all of the appellant’s rights, in the decision to arrest him in execution of a lawful bench warrant or in the surreptitiously obtaining of a sample of the appellant’s DNA while he was detained at a garda station; and (d) the Special Criminal Court took the correct approach to circumstantial evidence.
Appeal against conviction for murder in the Special Criminal Court - prosecution case against the appellant entirely circumstantial - victim shot dead in public house and had seven gunshot wounds - members of public reported car being set alight a few kilometres away and gardai managed to quench fire and recover items including firearms - baseball cap and rubber mask from vehicle later forensically linked to appellant - subsequent ballistics examination of the firearms revealed that one of them had discharged the shots that had killed the victim - CCTV footage linked vehicle with the murder - appellant flew to Bangkok two days after the killing, having attempted to travel the day before that - returned after one month by which time he was a person of interest - arrested at airport in execution of bench warrant on an unrelated matter - DNA from a cup and cigarette used by the appellant while detained in relation to this matter was subsequently obtained by the team investigating the murder - conflicting scientific evidence at trial as to the conclusions that could be drawn from the DNA evidence - whether the court erred in admitting the evidence concerning the appellant’s DNA where the physical exhibits were not preserved under laboratory conditions after having been removed from the forensic science laboratory by gardaí for the purpose of producing them to appellant during interview - numerous grounds of appeal - whether DNA evidence ought to have been admitted - whether Special Criminal Court erred in its conclusions on the DNA evidence - whether Special Criminal Court erred in drawing certain inferences - whether appellant's detention was lawful - whether appellant's rights breached by surreptitious obtaining of DNA sample - whether certain expert evidence ought to have been excluded - whether Special Criminal Court erred in its approach to circumstantial evidence - whether a lesser charge ought also to have been preferred and the trial was unfair without the court having had the option of convicting on the lesser charge.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.
Register Now