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Unknown whether murderer was convicted of being gunman or "gopher", lawyers submit
Summary
In 2012, Garrett O'Brien, 39, was convicted of murder and sentenced to life imprisonment for the killing of Seamus O'Byrne, 27, in Tallaght. O'Brien's lawyers argue that his fair‑trial rights were violated because the jury never clarified whether he was found guilty as the gunman or merely a "gopher" in a joint enterprise. They claim the prosecution presented a dual case—first as a joint enterprise, then as a triggerman—creating a procedural flaw. The appeal, lodged in the Court of Appeal, contends that if the jury had reasonable doubt about O'Brien's role as the gunman, he should have been acquitted. The defense also challenges the judge's directions regarding the necessity of a search warrant and the legality of data obtained from a third‑party subcontractor. The prosecution maintains that all evidence pointed to O'Brien as the gunman and that the jury's lack of specificity should not affect the conviction. The Court of Appeal has reserved its decision. Garrett O'Brien pleaded not guilty.
Who, what, where, when and why
What: Report matter: Unknown whether murderer was convicted of being gunman or "gopher", lawyers submit. Charges or matters: the murder of 27-year-old father-of-two Seamus O'Byrne at his home in Tymon North Park, Tallaght in March 2009. Procedural stage: appeal. Findings: Found guilty
When:
- March 2009 Hearing Or Sentence
- November 6, 2012 Hearing Or Sentence
- 2017-05-04 Publication
Why: Lawyers for a man jailed for life for murder have argued that his fair trial rights were breached because his jury did not specify whether he was convicted of being the gunman or a "gopher" in a joint enterprise. CNI source report
Case subjects
Appellant
Charges: the murder of 27-year-old father-of-two Seamus O'Byrne at his home in Tymon North Park, Tallaght in March 2009 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty by a jury at the Central Criminal Court and was given the mandatory life sentence by Ms Justice Iseult O'Malley on November 6, 2012.
Places mentioned
- Tymon North Park
- Central Criminal Court
- Court of Appeal
Topics
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