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Brian Rattigan's murder conviction appeal referred to the Supreme Court

Summary

The Court of Appeal has referred Brian Rattigan's appeal against his murder conviction to the Supreme Court, citing a point of exceptional public interest. Rattigan, of Drimnagh, Dublin, was found guilty in 2009 by a majority jury of stabbing Declan Gavin (21) outside Abrakebabra in Crumlin Shopping Centre on August 25, 2001, and was sentenced to life imprisonment. His initial appeal was dismissed by the Court of Criminal Appeal in 2013. The current referral stems from an application under Section 29 of the 1924 Courts of Justice Act, focusing on whether Section 16 of the 2006 Criminal Justice Act, which modified hearsay rules, applies retrospectively to statements made before the Act came into force. Rattigan's legal team argued that applying this provision retrospectively was unfair and breached constitutional rights, contending that a speedy prosecution would have resulted in a trial prior to the 2006 legislation. The State opposed the referral, arguing the issue was unlikely to recur. The Court of Appeal, comprising Justices O'Donnell, Moriarty, and White, determined that the argument raised underlying issues regarding changes to criminal procedure and evidence, describing it as an issue of enduring importance. While other points raised on Rattigan's behalf did not merit referral, the Supreme Court will now consider the retrospective application of the hearsay exception. Rattigan was not present in court for the ruling.

Who, what, where, when and why

What: Report matter: Brian Rattigan's murder conviction appeal referred to the Supreme Court. Charges or matters: stabbing Declan Gavin (21) outside Abrakebabra in Crumlin Shopping Centre, Dublin, on August 25th, 2001. Procedural stage: appeal. Findings: Found guilty

When:

• August 25th, 2001 Hearing Or Sentence
• 2015-07-29 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report