DPP v McDonnell

• Jurisdiction: Ireland
• Judge: Mr. Justice Mahon
• Judgment Date: 20 June 2018
• Neutral Citation: [2018] IECA 189
• Docket Number: Record No. 18/2014
• Court: Court of Appeal (Ireland)
• Date: 20 June 2018

[2018] IECA 189

THE COURT OF APPEAL

Mahon J.

Birmingham P.

Mahon J.

Edwards J.

Record No. 18/2014

BETWEEN/

THE DIRECTOR OF PUBLIC PROSECUTIONS

RESPONDENT

- AND–

DANIEL McDONNELL

APPELLANT

Conviction – Murder – Corroboration warning – Appellant seeking to appeal against conviction – Whether the trial judge's charge to the jury was deficient in that the corroboration warning given was inadequate

Facts: The appellant, Mr McDonnell, appealed to the Court of Appeal from a murder conviction on the 24th January 2014 by a jury following a nine day trial in the Central Criminal Court before Carney J on the following grounds: (i) the admissibility of two letters allegedly written by the appellant in terms of their reliability and the lawfulness of the seizure, examination and handing over of the letters; (ii) the ruling on the application of no case to answer; and (iii) the trial judge's charge to the jury, including in particular issues as to the weight to be attached to the various items of prosecution evidence.

Held by the Court that the ruling made by the trial judge as to the reliability of the letters was correct and one certainly available to him to make based on the evidence and submissions heard by him. The Court was satisfied that the handing over of the letters by the prison authorities to the Gardaí was appropriate and lawful; the ruling given by the trial judge in that respect was entirely appropriate. The Court held that the criticism of the trial judge's terse ruling in relation to the appellant's application to withdraw the case from the jury on the basis of the decision in R v Galbraith [1981] 1 WLR 1039 was entirely misconceived. The Court held that it was clear from the application made by counsel for the appellant that he linked or associated his application with his earlier application, that a detailed reasoned ruling by the trial judge was not required or expected, nor was it necessary. The Court held that a ruling by the trial judge to withdraw the case from the jury at the close of the prosecution case, had such been made, would have been inconsistent with his earlier decision. The Court was satisfied that the overall effect of the trial judge's charge on the issue of corroboration would have left the jury in no doubt but that they had to approach their deliberations with particular care because of a lack of corroboration.

The Court held that the appellant's trial was fair and that the verdict of the jury was safe. It would therefore dismiss the appeal.

Appeal dismissed.

JUDGMENT of the Court delivered on the 20th day of June 2018 by Mr. Justice Mahon

1 This is an appeal from a murder conviction on the 24th January 2014 by a jury following a nine day trial in the Central Criminal Court before Carney J.

2 The murder victim was Melanie McNamara aged sixteen years. On the 7th February 2012 she was travelling as a back seat passenger in a car being driven by Sean Byrne. Her boyfriend, Christopher Moran, was travelling in the front passenger seat of the car. As the car stopped or parked outside an address in Tallaght, Co. Dublin another vehicle pulled up alongside and up to two shots were fired from that vehicle into the car in which Ms. McNamara was travelling. One of these shots struck her in the head, fatally injuring her.

3 Subsequently gardaí found the abandoned vehicle and a shotgun close by. Both were subjected to forensic testing but nothing of any probative value was found.

4 Based on information received, the gardaí identified the appellant as a suspect. He was arrested on the 16th February 2012, just over a week after the murder, and was detained pursuant to statute from that date until the 21st February 2012. He was interviewed within this period of time on twenty one occasions but answered no comment to all questions put to him.

5 While detained, the appellant wrote graffiti on his cell wall, including the words ' two in the head, your bitch is dead, ha ha', ' Danno McDonnell', ' Morons scummy knacker' and ' Morons scrums'. This graffiti was photographed on the 20th October 2017.

6 Following his release from statutory detention on the 21st February 2012, the appellant remained in custody in St. Patrick Institution in relation to an unrelated matter. Whilst there, he wrote two letters, one to an ex girlfriend, Stephanie Tuite, and the other to a friend, Lee McDonnell. These letters were, in the ordinary way, read by prison authorities in St. Patricks Institution on the 5th and 6th March 2012, and, because of their content, were handed over to An Garda Síochána on the 7th March 2012. Fingerprint and DNA evidence also connected the letters to the appellant, and furthermore, he admitted in the course of his evidence at trial that he had written the letters. These letters were subsequently relied upon by the prosecution as admissions against interest.

7 A number of grounds of appeal were originally filed on behalf of the appellant. These have been reduced to three main grounds, being as follows:-

(i) the admissibility of the two letters allegedly written by the appellant. This ground of appeal in turn is broken into two parts, being:

(a) the reliability of the letters, and

(b) the lawfulness of the seizure, examination and handing over of the letters;

(ii) the ruling on the application of no case to answer;

(iii) the learned trial judge's charge to the jury, including in particular issues as to the weight to be attached to the various items of prosecution evidence.

The letters

8 An application was made on behalf of the appellant to exclude from the trial as inadmissible evidence the letters written by the appellant to Stephanie Tuite and Lee McDonnell on the basis that they were unreadable, and a voir dire was conducted in relation to that issue.

9 The letter to Ms. Tuite read as follows:-

'Daniel McDonnell, B3, 17 Friday

Stephanie Tuite

[Address]

WHATS UP, Stephanie. Sorry to hair about your nanny. I'm praying for her and your mam your probley going mad im writing this letter I just had to talk to you I still love you to bits yeno im sorry for every ting I put you tru [something blocked our as corrected] my writing is in bits as you can see Ha tell Karen Craig Anto your Mam and Dad I said Hello they probley hate the guts of me it wouldn't be anything new cause I hate me self. I fucked every thing up the one person I ever loved is gone Im hoping and praying I can get you back. I never taught it would turn out like this I don't know how Im still going with out ye its riping me apart I feel like a scum bag well I don't feel it I am one I don't know what got into my head its fucked my brain must be the size of a pee that weed shit fucked my up and them Jack and Jills. Im sitting in my cell Im on 23 hour lock up so thers no drugs atall in my system. Im tinking of the good times I had with ye will do me [somebody blocked our as corrected] a favour and get out there and enjoy yourself go dancing with the girls get locked out of your head I tell you the man that gets you will be very lucky your as loyle as they come. You're a gift in my eyes love I hope your doing some ting with your self and not siting on that ars of your as your mam would say HA HA Look its ok if you don't want to write back I had to write to you to get things off my head I hope we can get back talking and stuff well Stephanie I have to go now still love you to bits I don't stop tinking of you hunny Good Bye For Now xxxxxxxxxxxxxxxxxxx

LOVE The one and only

DANO McDONNELL

The MC will be back with a wack [hand drawn heart]

I was talking to Duff today if you ever need anything he said get his num off Sharon Hell. Look after yourself when you do favours for people you get a lot of respect baby.

One more ting that other ting wouldn't of happen if I hadanoing she was in the car it was ment for that other smell bag.

I'm the only 1 who stuck it back up to them rember that a big smile on my face.

He won't get away with bullying my ma. Let me tell you that. What goes around fucking comes around. Rember that baby girl.

[hand drawn Character Smoking]

Life goes on.... B3. For Life. Fuck it.

If you want to see me your on my visiting card love. Remember that please. It wood be good to see you. Keep safe.

[hand drawn arrow from hand drawn character to the following text]

I wish that was me the only think ill be smoking is a roll up he he

I hope you done leave me behind [sad smiley face]

Love you baby girl no matter what happened

I remember the first time I kissed you like it was yesterday [happy smiley face]

Dano McDonnell and out

Ill never forget him roring. Like a girl crying. Bang bang. Get up.

Good by xxxxxx

Xxxxx Be a good girl hahaha 4 me

10 The letter to Mr. McDonnell read as follows:-

'Daniel McDonnel;, B3, 17

What's up MC10 your little bro her ha ha. The Big MC. Lol. Hows the head. I';; tell you did my head was spinning on that J stoned out of me head I was. Buzzin off the officer to bits on the way home. Ha doing it balls rough on Poxy landing cant wate to get a transe fair to a diffrant prison pack of [correction made] clowns in her ill gut Any I who come in my way that block Jays a fool he told me he would send a few sweets over still waiting on them. Don't think he believe im your little bro haha will you do me a favour and write him a letter tell him im your brother ill get nutting if you don't did. Keep running all them upo on to protection cause dis war aint stopin take my work for it close range head shots that what im going for like..If I get high court bail I swear on my hole family them 4 will be in the ground I ran CM with his head up his arse...gwon HAHA 2 in the head the bitch is dead. The silly mother fuck pulled out a hammer little did he no I had a loaded 12 gage left his bitch was all over the Sunday world front page ha ha cryste met crew HAHA gwan the lads what MC10 ill never...