Courts / Dublin / Report

Traveller cleared of murdering trespasser in first case under Defence and Dwelling Act

Date
2018-03-14

Stage
Trial

Court
Dwelling Act. The Central Criminal Court

Primary locality
Dublin

County
Dublin

Summary

A 20‑year‑old Dublin man, Martin Keenan, was found not guilty of murdering 33‑year‑old Wesley Mooney, who was stabbed with half a garden shears in Keenan's mobile home. The case was the first murder trial under the Defence and the Dwelling Act 2011. Keenan and his wife returned home to find two strangers in their bedroom. Keenan claimed the deceased attacked him and he struck him with the nearest object. The jury heard that the law allows homeowners to use reasonable force against intruders. Keenan's defence cited the 2011 Act and a Court of Criminal Appeal ruling that burglary is an act of aggression. The prosecution argued the force was unreasonable and that Keenan had fabricated his account. After 4 h 15 min of deliberation, the jury returned a majority verdict of not guilty. The judge discharged Keenan, who had been on bail.

Who, what, where, when and why

What: Report matter: Traveller cleared of murdering trespasser in first case under Defence and Dwelling Act. Charges or matters: murdering 33-year-old Wesley Mooney at St Joseph's Park halting site, Dunsink Lane, north Dublin on June 5, 2016. Procedural stage: trial

When:

June 5, 2016 Hearing Or Sentence
2018-03-14 Publication

Why: Ms Tynan said that they had gone into the bedroom because it was the only room with a light on, but she admitted that she had handled items and opened cupboards in the living room on their way. CNI source report