Louth man to appeal conviction for Christmas Eve murder11/02/2013 - 18:29:31
A Louth man who was jailed for life for the murder of another man on Christmas Eve 10 years ago will apply to bring a further appeal against his conviction.
In April 2006, Kenneth Cunningham (aged 37), with a last address at Woodview Park, Castletown Road, Dundalk, was unanimously found guilty by a Central Criminal Court jury of the murder of father-of-two Laurence Garvey.
The trial judge Mr Justice Philip O'Sullivan imposed the mandatory life sentence on bricklayer Cunningham, who had denied murdering the 59-year-old at Patrick Street, Dundalk on Christmas Eve 2003.
Mr Justice O’Sullivan granted Cunningham leave to appeal but the Court of Criminal Appeal subsequently affirmed the conviction after the case was heard in May 2007.
The three-judge court heard this morning that lawyers for Cunningham had applied to the appeal court under Section 2 of the Criminal Procedure Act 1993.
Counsel for the applicant, Mr Roderick O’Hanlon SC, told the court that the defence contended newly discovered facts showed there had been a miscarriage of justice in relation to the conviction and in relation to the manner in which the trial was run.
Presiding judge Mr Justice Frank Clarke, sitting with Mr Justice Eamon deValera and Mr Justice Brian McGovern, said the case would be entered in to the next appeal court list to fix dates on Wednesday.
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