2016-04-08 · Dublin
Lawyers raise UK Supreme Court ruling on joint enterprise in murder appeal
In 2016, Andrew Gibney, aged 23, appealed his murder conviction for the 2012 stabbing of Gerard Burnett, aged 28, in Mulhuddart. Gibney had pleaded not guilty but was found guilty by a jury 10‑2 and sentenced to mandatory life imprisonment. His counsel, Giollaíosa Ó Lideadha SC, argued that a miscarriage of justice occurred, citing the UK Supreme Court's Jogee decision that clarified joint enterprise law. Ó Lideadha contended that Gibney's intent was to harm, not kill, and that the jury was denied the opportunity to consider a partial defence. He also challenged the admissibility of a witness statement that alleged Gibney said he would "kill" Burnett. The appeal was adjourned for a later hearing.