Courts / Dublin / Report

Judges to rule on legality of Sunset House murder accused's arrest

Date
2017-11-30

Stage
Sentence

Primary locality
Dublin

County
Dublin

Summary

In a Special Criminal Court hearing, judges will decide next week whether the arrest of Eamonn Cumberton, 30, of Mountjoy Street, Dublin 7, was lawful. Cumberton has pleaded not guilty to the murder of 35‑year‑old Michael Barr, who was shot in the Sunset House pub on 25 April 2016. The prosecution argues that Cumberton is "inextricably linked" to items recovered from a partially burnt car near the scene and that those items were "inextricably linked" to the shooting. The defence challenges the legality of the arrest, citing that Inspector Brian Delaney's evidence was "unsatisfactory" and that the grounds for arrest were based on "inadequate information." Delaney had arrested Cumberton on 27 May 2015 on suspicion of murder, citing confidential information, forensic links to the getaway car, and his movements after the shooting. Cumberton travelled to Thailand two days after the incident.

Who, what, where, when and why

What: Report matter: Judges to rule on legality of Sunset House murder accused's arrest. Charges or matters: the murder of 35-year old Michael Barr in the Sunset House pub in Dublin's north inner city on April 25th 2016. Procedural stage: sentence

When:

April 25th 2016 Incident
May 27th Incident
May 25th Incident
2017-11-30 Publication

Case subjects

Eamonn Cumberton

Accused

Charges: the murder of 35-year old Michael Barr in the Sunset House pub in Dublin's north inner city on April 25th 2016 (Alleged Or Contested)

Plea: Not guilty

Outcome: Mr Condon submitted that there was a "problem with gardai sitting on a [bench] warrant so it can be used as an investigative tool". "The facts overwhelmingly suggest the bench warrant was a mere side issue to the gardai and what they really wanted was a detention for Mr Cumberton which was of use to them," the barrister said.