Courts / Cork / Report
Murderer's bid to have his conviction declared a miscarriage of justice after Supreme Court ruling on solicitor access is dismissed
Summary
Frank Cunningham, aged 30, was convicted of murdering Patrick Walsh, 27, in 2004 and sentenced to life imprisonment in 2005. He sought to have his conviction declared a miscarriage of justice, arguing that new Supreme Court rulings on solicitor access (Gormely and White, 2014) had been overlooked and that his admissions at Garda station should have been inadmissible. The Court of Appeal dismissed his application as an abuse of process, noting that he had inconsistently requested a solicitor and that no new facts had been presented. The court held that Cunningham's case could not be distinguished from a similar case (McKevitt) and that reopening a final conviction on the basis of a new precedent was not permissible. Consequently, Cunningham remains in prison to serve the remainder of his life sentence. Frank Cunningham pleaded not guilty.
Who, what, where, when and why
What: Report matter: Murderer's bid to have his conviction declared a miscarriage of justice after Supreme Court ruling on solicitor access is dismissed. Charges or matters: the murder of 27-year-old father-of-one Patrick Walsh at Fairhill Drive, Cork on May 27 2004. Procedural stage: appeal. Findings: Found guilty
When:
- May 27 2004 Hearing Or Sentence
- October 28 2005 Hearing Or Sentence
- 2015-06-12 Publication
Case subjects
Convicted Person
Charges: the murder of 27-year-old father-of-one Patrick Walsh at Fairhill Drive, Cork on May 27 2004 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty by a jury at the first Cork sitting of the Central Criminal Court and was given the mandatory life sentence by Mr Justice Paul Carney on October 28 2005.
Places mentioned
- Supreme Court
- Court of Appeal
- Central Criminal Court
- Bridevalley View
- Cork
- Fairhill Drive
- Cork
- Cork garda station
- Arbour Hill Prison
Topics
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