DPP v O'Brien

• Jurisdiction: Ireland
• Judge: Clarke J.,MacMenamin J.,Laffoy J.
• Judgment Date: 10 June 2016
• Neutral Citation: [2016] IESCDET 73
• Court: Supreme Court
• Date: 10 June 2016

[2016] IESCDET 73

THE SUPREME COURT

DETERMINATION

Clarke J.

MacMenamin J.

Laffoy J.

BETWEEN

THE PEOPLE AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS

-V-

PATRICK O'BRIEN & THOMAS STEWART

APPLICANT

APPLICATION FOR LEAVE TO APPEAL TO WHICH ARTICLE 34.5.3° OF THE CONSTITUTION APPLIES

RESULT: The Court refuses the application brought by Thomas Stewart, whereby he sought to appeal against a judgment of the Court of Appeal delivered herein on the 21st December, 2015.

REASONS GIVEN:

Jurisdiction

1 This Determination relates to an application by Thomas Stewart, one of the two defendants in a criminal proceedings brought by the Director. Thomas Stewart applies for leave to appeal, under Article 34.5.3 of the Constitution, from a judgment of the Court of Appeal (Ryan P., Sheehan J., Edwards J.), delivered on the 21st December, 2015, and perfected on the 27th January, 2016.

2 As is clear from the terms of the Constitution, and the many determinations made by this Court since the enactment of the 33rd Amendment to the Constitution, it is necessary, in order for this Court to grant leave, that it be established that the decision sought to be appealed either involves a matter of general public importance, or that it is otherwise in the interests of justice necessary that there be an appeal to this Court.

3 Both the application for leave, and the respondent's response, can be found on the same entry in the list of Determinations to the Courts Website.

4 The applicant, Thomas Stewart, was tried with Patrick O'Brien, as co-accused. Each were convicted of double murders of Desmond Kelly and Brenda Waters, on the 9th January, 2011, at 531 O'Malley Park, Limerick, by a jury in the Central Criminal Court on the 26th October, 2012, following a 14 day trial. They were sentenced to two mandatory sentences of imprisonment for life.

5 The evidence at trial included a number of witnesses to the fact that the appellant had been one of two individuals who got a lift to the South Hill area of Limerick City on the morning of the murders. Evidence was given by Ian O'Leary, and Patrick Stewart Jnr., a brother of the appellant, who was another passenger on the journey. The evidence was that, en route to South Hill, the applicant collected a shotgun and cartridges from another address, where he had stored these items. Mr. O'Leary testified that he observed the appellant as one of the individuals who got out of the car he was driving, some 50 yards from O'Malley Park, around the time of the double murder, and observed the barrel of the gun in the applicant's jacket. There was both voice recognition evidence, and ballistics evidence, for the jury.

6 The essence of the application concerns CCTV footage showing movements of two persons on the morning in question. This included their entry into 531 O'Malley Park. It was consistent with the other evidence, and it could be...