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Third man convicted over same gangland murder brings appeal
Summary
Gary Flynn, aged 32, of Rossfield Drive, Tallaght, was convicted of murder for the killing of Seamus Shay O'Byrne at the victim's home on 13 March 2009. The trial lasted nine weeks, with the judge's summary lasting nine hours. The jury found Flynn guilty after one hour and forty minutes, and he received a mandatory life sentence on 16 March 2016. Flynn has now lodged an appeal on several grounds, including the admissibility of evidence and the judge's directions to the jury. His barrister, Giollaíosa Ó Lideadha SC, argued that the judge failed to give adequate directions regarding the legal test for key propositions, such as the possibility of innocent gunshot residue contamination and the prosecution's failure to prove beyond a reasonable doubt that Flynn knew of a plan to kill or cause serious injury. The appeal is before Justices George Birmingham, Alan Mahon and John Hedigan. The unnamed man pleaded not guilty.
Who, what, where, when and why
What: Report matter: Third man convicted over same gangland murder brings appeal. Charges or matters: the murder of Seamus Shay O'Byrne at the victim's home in Tallaght on March 13, 2009. Procedural stage: appeal
When:
- March 13, 2009 Hearing Or Sentence
- March 16, 2016 Hearing Or Sentence
- 2017-10-19 Publication
Case subjects
Appellant
Charges: the murder of Seamus Shay O'Byrne at the victim's home in Tallaght on March 13, 2009 (Alleged Or Contested)
Plea: Not guilty
Outcome: A Dublin man, who became the third person last year to be sentenced to life imprisonment for the same gangland murder, has moved to appeal his conviction.
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