Andrew Gibney wins murder appeal and faces retrial

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Andrew Gibney’s murder conviction was overturned by the Court of Appeal, which ordered a retrial. The proceedings were reported on 16 November 2016.

Gibney had entered a not-guilty plea to the murder of Gerard Burnett at the Central Criminal Court. The alleged murder took place at Castlecurragh Vale, Mulhuddart, on 21 August 2012. Five men attacked Mr Burnett outside his girlfriend’s home. He sustained 30 stab wounds and was pronounced dead shortly afterwards in hospital.

The jury convicted Gibney by a 10-2 verdict. On 28 January 2014, Mr Justice Patrick McCarthy sentenced him to the mandatory life term.

Giollaíosa Ó Lideadha, his counsel, said Gibney accepted moral and legal guilt for his involvement in the events preceding Mr Burnett’s death. He nevertheless argued that the murder conviction was a miscarriage of justice. Counsel said Gibney was drunk and intended to cause harm, but lacked an intention to cause serious harm. The report said Gibney admitted stabbing Mr Burnett three times. Mr Ó Lideadha said three men, including Gibney, departed before two inflicted the fatal wounds.

Counsel also invoked the UK Supreme Court’s Jogee decision on joint enterprise. He cited its conclusion that manslaughter, rather than murder, applied where a participant had no intention of helping to cause death or really serious harm, but an attack escalated and proved fatal.

The appeal panel comprised Mr Justice Sheehan, Mr Justice George Birmingham and Mr Justice John Edwards. Gibney was remanded in custody pending an appearance before the Central Criminal Court.