Courts / Kildare / Report

Alleged failure to challenge disputed evidence at murder trial 'unexplained', appeal told

Date
2021-05-19
Stage
Appeal
Primary locality
Athy
County
Kildare

Summary

James Lammon, aged 48, was convicted in 2016 of the brutal, pre‑meditated murder of Jason Doogue in Athy, Co. Kildare, and received a mandatory life sentence. He is appealing on the ground that his legal team failed to challenge a disputed statement attributed to him by Garda Daniel O'Shea, who claimed Lammon had spoken about the murder in a Garda station exercise yard. Lammon denies the conversation ever occurred and says he never authorised the admission of excerpts from O'Shea's memo. His counsel argues that no clear instruction was given by Lammon to allow the evidence, and that the legal team's strategy was not supported by any record of his consent. The Court of Appeal has reserved judgment on the appeal, noting the case remains at the trial stage.

Who, what, where, when and why

What: Report matter: Alleged failure to challenge disputed evidence at murder trial 'unexplained', appeal told. Charges or matters: a "brutal and pre-meditated" gun murder and claims he did not give permission for his lawyers to allow a garda's evidence against him to go unchallenged. Procedural stage: appeal. Findings: Convicted

When:

Why: Mr Greene said there would have to be a tactical reason for Lammon to change his mind at the last minute as the evidence of Gda O'Shea "was only capable of harming the appellant, and was absent of logic or benefit". CNI source report

Case subjects

James Lammon

Convicted Person

Charges: a "brutal and pre-meditated" gun murder and claims he did not give permission for his lawyers to allow a garda's evidence against him to go unchallenged (Proven)

Finding: Convicted

Outcome: Convicted; Mr Greene put it to Mr Gibbons that he had no conversation about Gda O'Shea's evidence with his client and was told: "That's wrong." Trial judge Mr Justice Paul Butler described the killing as "brutal and pre-meditated" and said "there is only one sentence" before handing down the mandatory life sentence.

Places mentioned

Court Venue
  • Court of Appeal
  • Central Criminal Court
Residence

Topics

Stage Appeal Violent Crime

Related court reports

Read the original CNI report

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