Courts / Dublin / Report

Solicitor for a man subsequently jailed for "brutal" double murder should have been present during garda interviews, Court of Appeal told

Date
2015-05-13

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

The Court of Appeal considered whether Gary Howard, 27, who was convicted of the 2010 double murder of Patrick Mooney (58) and Brendan Molyneux (46), was entitled to have his solicitor present during Garda interviews. Howard had pleaded not guilty at the Central Criminal Court and was found guilty after a six‑week trial, receiving two life sentences on 25 May 2012. He appealed on the grounds that his solicitor should have been present during the interviews, that he was denied access to his solicitor despite three requests, and that he was subjected to psychological pressure before making admissions that he later retracted. Seán Gillane SC argued that Howard's right to silence was undermined by the Gardaí's conduct and that the absence of a solicitor violated the Supreme Court's Gormley and White decision.

Who, what, where, when and why

What: Report matter: Solicitor for a man subsequently jailed for "brutal" double murder should have been present during garda interviews, Court of Appeal told. Charges or matters: murdering Patrick Mooney (58) and Brendan Molyneux (46) on January 10 2010; their murder by a jury following a six-week trial and was given two life sentences by Mr Justice Paul Carney on May 25, 2012. Procedural stage: appeal. Findings: Found guilty

When:

January 10 2010 Hearing Or Sentence
May 25, 2012 Hearing Or Sentence
2015-05-13 Publication

Why: Mr Gillane said Ireland would join all other common law jurisdictions in determining that this particular line of questioning was "beyond the pale" because it exercised huge psychological pressure on a detainee. CNI source report

Case subjects

Gary Howard

Appellant

Charges: murdering Patrick Mooney (58) and Brendan Molyneux (46) on January 10 2010; their murder by a jury following a six-week trial and was given two life sentences by Mr Justice Paul Carney on May 25, 2012 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; Howard was found guilty of their murder by a jury following a six-week trial and was given two life sentences by Mr Justice Paul Carney on May 25, 2012. Counsel for the Director of Public Prosecutions, Brendan Grehan SC, said Howard's detention fully complied with the stated position in Gormley and White.