Courts / Kildare / Report

Judges hearing appeal acted for prosecution and defence in killer's past trial

Summary

Two judges on the Court of Appeal heard Seamus Morgan's appeal against his murder conviction for killing Larry 'Bomber' Keane. During the hearing, President of the Court of Appeal, Mr Justice George Birmingham, realised that he had defended Morgan in Morgan's earlier murder trial, while his colleague, Mr Justice Patrick McCarthy, had prosecuted him. Birmingham said that if either side had a qualm, the appeal would be reheard by a different panel. Morgan, aged 53, had previously been found not guilty of murder but guilty of manslaughter for the killing of 29‑year‑old James Hand in 2002. The appeal is now pending, with lawyers for Morgan and the Director of Public Prosecutions to decide whether to proceed with a new panel. The court has reserved judgment.

Who, what, where, when and why

What: Report matter: Judges hearing appeal acted for prosecution and defence in killer's past trial. Procedural stage: appeal. Findings: Acquitted

When:

• August 1998 Incident
• August 22 Hearing Or Sentence
• September 5, 2002 Hearing Or Sentence
• 2021-04-22 Publication

Why: " Mr Justice Birmingham said the details had not struck him earlier because the previous trial related to matters in the north inner city of Dublin, whereas Keane was murdered in Kildare. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report