Courts / Dublin / Report

Murderer who stabbed victim "to pieces" moves to appeal conviction

Date
2015-07-30
Stage
Appeal
Primary locality
Dublin
County
Dublin

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:

Case subjects

Criostóir MacCárthaigh

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

Secondary Mention
Court Venue
  • Central Criminal Court
  • Special Criminal Court

Topics

Stage Appeal Violent Crime

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Read the original CNI report

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