Emily O’Brien (led by J R Jones, with G F Perry) appeared for the appellant (pro bono), instructed by Gilshenan & Lutton Legal Practice (pro bono).
This case was an appeal of the appellant’s conviction for murder. There were three grounds of appeal. The first was that the trial judge erred in failing to identify for the jury the precise issues to which the use of the appellant’s lies and other post-offence conduct could be used as evidence of guilt. The second was that the trial judge erred in instructing the jury that they could use the evidence of the appellant’s lies and other post-offence conduct to prove intent when the prosecution did not make such a case and the trial judge did not first identify intent as the issue to be proved. The third was that the trial judge erred by misdirecting the jury that they could use the appellant’s statements about where he disposed of the gun he used to commit the offence as a lie told out of a consciousness of guilt of murder. The appellant did not succeed on any of these grounds, and the appeal was dismissed. However, the efforts of the pro bono counsel and solicitors who acted for the appellant in contributing to the administration of justice by ensuring the process of the appellant’s trial was thoroughly scrutinised were acknowledged.
The judgment can be read by clicking here
