Courts / Donegal / Report
Murder conviction for escalated punishment shooting upheld
Summary
A man convicted of murder in connection with a fatal shooting in County Donegal has had his conviction upheld by the Court of Appeal. Martin Kelly, aged 42, from Strabane, County Tyrone, was found guilty of the murder of Andrew Burns at Donnyloop, Castlefin on 12 February 2008. The non-jury Special Criminal Court imposed a mandatory life sentence in January 2012. Mr Burns was shot twice in the back in a church car park by a gunman associated with a dissident republican organisation. Kelly's legal team argued he had agreed only to facilitate a punishment shooting, unaware the incident was planned as a deliberate execution. Mr Justice George Birmingham rejected this argument, finding Kelly guilty of murder based on his intention to cause serious harm, even without proof of intent to kill. The court noted that Irish law has long established that intention to cause serious injury resulting in death constitutes murder. The judgment acknowledged the appeal raised novel legal questions of clear importance. An application to the Supreme Court is being considered. Martin Kelly pleaded not guilty.
Who, what, where, when and why
What: Report matter: Murder conviction for escalated punishment shooting upheld. Charges or matters: the murder of Mr Andrew Burns at Donnyloop, Castlefin, Co Donegal on February 12, 2008. Procedural stage: appeal
When:
- February 12, 2008 Hearing Or Sentence
- January 24, 2012 Hearing Or Sentence
- 2016-12-21 Publication
Case subjects
Appellant
Charges: the murder of Mr Andrew Burns at Donnyloop, Castlefin, Co Donegal on February 12, 2008 (Alleged Or Contested)
Plea: Not guilty
Outcome: The non-jury Special Criminal Court found Kelly guilty of the murder and gave him the mandatory sentence of life imprisonment on January 24, 2012.
Places mentioned
- Court of Appeal
- Special Criminal Court
- The Special Criminal Court
- Supreme Court
- UK Supreme Court
Topics
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