Courts / Limerick / Report
Former Deputy State Pathologist changed his conclusions on cause of victim's death during murder trial, appeal court told
Summary
A Limerick man, Kevin Coughlan, who was sentenced to life imprisonment in 2011 for the murder of Francis Greene at Steamboat Quay between November 28 and 29, 2009, has appealed his conviction. Coughlan pleaded not guilty to the charge, was found guilty by a jury at the Central Criminal Court, and received a mandatory life sentence from Mr Justice Patrick J McCarthy. The appeal, heard by the Court of Appeal, focuses on the testimony of the former Deputy State Pathologist, Dr Khalid Jabber, who altered his conclusion on the cause of death during the trial. Prior to the trial, Dr Jabber suggested the possibility of drowning, but later testified that the victim was strangled before entering the water. Counsel for Coughlan, Mr Anthony Sammon SC, argued that this change placed the defense in an unfair position. Counsel for the Director of Public Prosecutions, Patrick McCarthy SC, acknowledged the unfairness but maintained that it did not affect the fairness of the trial. The court, presided over by Mr Justice Sean Ryan, Mr Justice George Birmingham, and Mr Justice John Edwards, considered whether the conviction could be quashed and the murder verdict substituted with a lesser offense. The matter was adjourned until Monday next, with judgment expected in the next law term.
Who, what, where, when and why
What: Report matter: Former Deputy State Pathologist changed his conclusions on cause of victim's death during murder trial, appeal court told. Charges or matters: murdering Francis Greene at Steamboat Quay on a date unknown between November 28 and 29 2009. Procedural stage: appeal. Findings: Found guilty
When:
- November 28 Hearing Or Sentence
- December 22, 2011 Hearing Or Sentence
- 2015-03-19 Publication
Why: Opening an appeal against conviction today, counsel for Coughlan, Mr Anthony Sammon SC, submitted to the Court of Appeal that the trial was unsatisfactory because of Dr Khalid Jabber's evidence, the then Deputy State Pathologist. CNI source report
Case subjects
Appellant
Charges: murdering Francis Greene at Steamboat Quay on a date unknown between November 28 and 29 2009 (Alleged Or Contested)
Outcome: Photo: Collins) A Limerick man jailed for life six years ago has appealed his conviction on grounds that the former Deputy State Pathologist changed his conclusions on the cause of death during his trial for murder.; The matter was put back until Monday next and judgement is expected to be delivered in the next law term.
Appellant
Charges: murdering Francis Greene at Steamboat Quay on a date unknown between November 28 and 29 2009 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty by a jury at the Central Criminal Court and was given the mandatory life sentence by Mr Justice Patrick J McCarthy on December 22, 2011.; The matter was put back until Monday next and judgement is expected to be delivered in the next law term.
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