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Murderer who stabbed his victim over 100 times loses conviction appeal
Summary
Criostóir MacCárthaigh, 38, of An Gleann, Palmerstown, had been convicted of murdering David Whyte, 35, in Dublin between 24 and 26 September 2008. The murder involved more than 100 stab wounds in the ruins of an old church. A jury at the Central Criminal Court found him guilty and he received a mandatory life sentence on 19 February 2013. MacCárthaigh appealed, arguing that the trial judge erred by allowing certain evidence before the jury. He claimed his answers to Garda questions about his DNA on the victim's trousers and his presence at Mill Lane were not failures or refusals. The appeal was dismissed by a three‑judge court, which held that his answers were deliberate evasions and that the judge's directions and the admissibility of witness statements were correct. The court noted that the prosecution's witness had been robustly questioned on prior convictions, and MacCárthaigh could not challenge the admissibility of those convictions. The appeal was therefore dismissed. Criostóir MacCárthaigh pleaded not guilty.
Who, what, where, when and why
What: Report matter: Murderer who stabbed his victim over 100 times loses conviction appeal. 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
- September 2008 Incident
- 2015-11-03 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.
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