Courts / Limerick / Report
Limerick cousins appeal against double murder conviction
Summary
Two cousins, Patrick O'Brien (35) and Thomas Stewart (31), have appealed their convictions for the double murder of Desmond Kelly and Breda Waters at O'Malley Park, Limerick City on January 9 2011. Both men pleaded not guilty to the charges and were found guilty by a jury at the Central Criminal Court, each receiving a mandatory life sentence on October 26 2012. Annie Waters Ryan, Breda Waters' sister, is also involved in the appeal. Counsel for O'Brien, Seán Gillane SC, argued that the identification of his client's voice should not have been admissible due to the witness's recent heroin use and the limited words used for identification. He also challenged the admissibility of a statement by Thomas Stewart Jnr, who initially claimed to have seen a shotgun in a car with O'Brien. Counsel for Stewart, Hugh Hartnett SC, contended that a garda incorrectly testified that two people were visible on CCTV footage when only one was visible. The prosecution's case relied on the garda's testimony to establish that two individuals were involved in the crime. The appeal is ongoing, with the court reserving judgment to a date 'as soon as possible'.
Who, what, where, when and why
What: Report matter: Limerick cousins appeal against double murder conviction. Charges or matters: the double murder of Desmond Kelly and Breda Waters at O'Malley Park, Limerick City on January 9 2011. Procedural stage: appeal
When:
- January 9 2011 Hearing Or Sentence
- October 26 2012 Hearing Or Sentence
- 2015-03-16 Publication
Case subjects
Appellant
Charges: the double murder of Desmond Kelly and Breda Waters at O'Malley Park, Limerick City on January 9 2011 (Alleged Or Contested)
Outcome: Both men were found guilty by a jury at the Central Criminal Court and each given the mandatory life sentence by Mr Justice George Birmingham on October 26 2012.
Convicted Person
Charges: the double murder of Desmond Kelly and Breda Waters at O'Malley Park, Limerick City on January 9 2011 (Alleged Or Contested)
Plea: Not guilty
Outcome: Both men were found guilty by a jury at the Central Criminal Court and each given the mandatory life sentence by Mr Justice George Birmingham on October 26 2012.
Convicted Person
Charges: the double murder of Desmond Kelly and Breda Waters at O'Malley Park, Limerick City on January 9 2011 (Alleged Or Contested)
Plea: Not guilty
Outcome: Both men were found guilty by a jury at the Central Criminal Court and each given the mandatory life sentence by Mr Justice George Birmingham on October 26 2012.
Places mentioned
- Golf Links Road
- O'Malley Park
- Central Criminal Court
- Court of Appeal
Topics
Drugs Stage Appeal Violent Crime
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