Courts / Dublin / Report
Daniel McAnaspie murderer denied access to solicitor during questioning, appeal told
Summary
The Court of Appeal heard arguments regarding the admissibility of evidence in the case of Richard Dekker, who was convicted in 2017 of murdering Daniel McAnaspie. Dekker, a prisoner at Mountjoy Prison, is appealing his life sentence, arguing that his right to reasonable access to a solicitor was breached during questioning at Cabra Garda Station. His counsel, Sean Gillane SC, contended that Dekker was not properly cautioned and was pressured to answer questions without legal advice, rendering subsequent statements inadmissible. The prosecution, represented by Brendan Grehan SC, countered that Dekker was cautioned twice and understood his rights, noting he had previously been advised by his solicitor not to speak if inference provisions were invoked. The court heard that Dekker had initially been acquitted in 2013 due to a lack of evidence, but the Supreme Court later permitted a retrial under the Criminal Justice Procedure Act 2010. Co-accused Trevor Noone admitted manslaughter and blamed Dekker for the murder. Dekker also received a two-year and six-month sentence in 2010 for unlawful possession of a firearm with intent to endanger life. The matter remains under appeal consideration.
Who, what, where, when and why
What: Report matter: Daniel McAnaspie murderer denied access to solicitor during questioning, appeal told. Procedural stage: appeal. Findings: Acquitted
When:
- February 26, 2010 Hearing Or Sentence
- May 24, 2010 Incident
- May 25 Other
- 2022-01-21 Publication
Why: Just because you want to stay up doesn't mean everyone else does. CNI source report
Case subjects
Convicted Person
Finding: Acquitted
Outcome: Acquitted; In 2010, after he had murdered Mr McAnaspie, Dekker was sentenced to two years and six months for unlawful possession of a firearm with intent to endanger life.
Appellant
Finding: Acquitted
Outcome: Acquitted; In 2010, after he had murdered Mr McAnaspie, Dekker was sentenced to two years and six months for unlawful possession of a firearm with intent to endanger life.
Co Accused
Places mentioned
- Court of Appeal
- Central Criminal Court
- Supreme Court
- Whitestown Avenue
- Dublin
- Mountjoy
- Mountjoy Prison
- Tolka Valley Park
- subsequent interviews at Cabra Garda Station
Topics
Related court reports
- Man charged with having 56k child abuse images and videos remanded on bail
- Ex-Dáil hopeful's allegations against former employer 'complete fantasy', WRC told
- Mater must pay €10k to worker who said he was wrongly accused of abusing patient
- 'I think we know I won't be getting bail' - Daniel Kinahan charged with directing criminal organisation
- Letting agent who claimed alleged domestic violence victim abandoned tenancy by fleeing to refuge must pay €14.7k
- 77-year-old with 470 convictions told Luas staff to 'f**k off'
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request