Courts / Dublin / Report

DNA evidence should be excluded, defence tell Sunset House murder trial

Summary

The Special Criminal Court has adjourned the trial of Eamonn Cumberton, who is accused of the murder of 35-year-old Michael Barr in the Sunset House pub in Dublin's north inner city on April 25th, 2016. Mr Cumberton, of Mountjoy Street, Dublin 7, has pleaded not guilty to the charge. The court previously heard that Mr Barr was shot seven times at the bar counter. The prosecution alleges that Mr Cumberton is inextricably linked to items recovered from a partially burnt-out silver Audi, identified as the alleged getaway car, which were themselves linked to the shooting. Defence counsel Bernard Condon SC objected to the admissibility of DNA evidence found on a rubber mask recovered from the vehicle. He argued that the Forensic Science Ireland method, which uses STRMIX software to calculate likelihood ratios, improperly reduces guilt or innocence to mathematical probability. Condon submitted that this case requires special rules as it is the first criminal trial in Ireland to use STRMIX. Prosecuting counsel Dominic McGinn SC countered that likelihood ratio calculations are an established scientific practice. The court has not yet ruled on the admissibility of the evidence. The trial was adjourned until next Tuesday, when Mr Justice Tony Hunt, presiding with Judges Patricia Ryan and James Faughnan, will deliver a ruling on the matter.

Who, what, where, when and why

What: Report matter: DNA evidence should be excluded, defence tell Sunset House murder trial. 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: trial

When:

• April 25th 2016 Hearing Or Sentence
• 2017-12-14 Publication

Why: He further submitted that this case was "special" and that it required "special rules" because it is the first time STRMX has been used at a criminal trial in Ireland. CNI source report

Case subjects

Places mentioned

Topics

Stage Trial Violent Crime

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Read the original CNI report