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Murderer who stabbed victim "to pieces" moves to appeal conviction
Summary
Criostóir MacCárthaigh, 38, of An Gleann, Palmerstown, has lodged an appeal against his murder conviction for the killing of David Whyte, 35, in Dublin between 24 and 26 September 2008. The victim was stabbed more than 100 times in the ruins of an old church. A jury at the Central Criminal Court found MacCárthaigh guilty and he received a mandatory life sentence on 19 February 2013. In the appeal, MacCárthaigh's counsel, Diarmaid McGuinness SC, argues that the trial judge erred by allowing certain evidence before the jury, including a witness's assumption about an "invisible knife" and evidence of a prior Special Criminal Court conviction for possession of explosives. He also contends that MacCárthaigh's answer to a Garda question about DNA on the victim's trousers should not have been treated as a refusal. The Director of Public Prosecutions' counsel, Paul Burns SC, maintains that whether the answer was a refusal is a fact for the jury to decide. Criostóir MacCárthaigh pleaded not guilty.
Who, what, where, when and why
What: Report matter: Murderer who stabbed victim "to pieces" moves to appeal conviction. Charges or matters: murdering David Whyte (35) in Dublin between Sept 24 and 26, 2008 by stabbing him more than 100 times. Procedural stage: appeal
When:
- February 19, 2013 Hearing Or Sentence
- 2015-07-30 Publication
Case subjects
Appellant
Charges: murdering David Whyte (35) in Dublin between Sept 24 and 26, 2008 by stabbing him more than 100 times (Alleged Or Contested)
Plea: Not guilty
Outcome: A jury at the Central Criminal Court unanimously found MacCárthaigh guilty of murder and he was given the mandatory life sentence by Mr Justice Patrick McCarthy on February 19, 2013.
Places mentioned
- Central Criminal Court
- Special Criminal Court
Topics
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