Evidence against man who stabbed wife in front of children 'overwhelming', court hears10/12/2012 - 16:06:57
State lawyers have told the appeal of wife-killer David Bourke that the evidence supporting the murder charge was "overwhelming".
The Mullingar man is serving life for repeatedly stabbing 45-year-old Jean Gilbert, in front of their children at their home in Castleknock, Dublin in August 2007.
The Court of Criminal Appeal heard today that Bourke flew into a rage at the thought of his wife being with another man.
He snapped and stabbed Jean Gilbert four times in the back in front of their three children.
At his trial he claimed he was provoked, but his lawyers say the trial judge misrepresented his defence to the jury and effectively rewrote the law on provocation on the spot.
This is rejected by the DPP's legal team, who say the the judge delivered a textbook charge to the jury in crystal clear terms describing provocation as a "sudden and temporary loss of control" where the person is "not master of his mind".
They say even if there was a misstatement of the law, there could be no injustice as the evidence supporting the murder charge was overwhelming.
The three-judge court reserved is to deliver its judgement in the new term.
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