Limerick five Supreme Court bid set for Monday
A bid by five Limerick men to have an appeal against their murder convictions dealt with by the Supreme Court gets underway before the Court of Criminal Appeal on Monday next.
Lawyers for Desmond Dundon, Christopher Costello, James McCarthy, David Stanners and Anthony McCarthy are seeking to have their clients’ cases referred to the Supreme Court on the grounds that they raise points of “exceptional public importance”.
The men are seeking a Supreme Court ruling on a number of issues, which they say have not previously been determined by the court.
These include whether the trial judge erred in refusing to discharge the jury when it emerged a garda clerical officer had been empanelled on the jury in circumstances where gardaí themselves are disbarred from jury service.
It will also be argued that media publicity was prejudicial and their trial should have been delayed to allow for people's memories of this publicity - the 'fade factor' - to apply.
Today the Court of Criminal Appeal, Mr Justice Nial Fennelly presiding, was told the hearing of their application “was ready to get on”.
The men will not appear before the three-judge court for the hearing because of “threatening and aggressive behaviour” in July 2007 when their appeal against their convictions for the murder of Kieran Keane in January 29, 2003, and the attempted murder of his nephew, Owen Treacy, was rejected.
Copies of large and heavy judgments were flung at the court's judges.
36-year-old Kieran Keane, who was from Garryowen in Limerick, had his hands tied behind his back and was shot once in the head in an execution-style killing. There was evidence that he was tortured at or before the time of death.
Owen Treacy was stabbed 17 times.
The State's case had been that all five acted as part of a joint enterprise and as such, were all involved in the murder and abduction.
Evidence in the 31-day trial was heard in Cloverhill Courthouse, attached to Wheatfield Prison, for security reasons.
Anthony McCarthy from Fairgreen in Garryowen, Christopher Costello of Moylish Avenue in Ballynanty Beg, David Stanners from Pineview Gardens in Moyross, James McCarthy from Delmege Park in Moyross and Desmond Dundon from Hyde Road now range in age from 27 to 39.
