Courts / Donegal / Report

NI man given life sentence for role in dissident republican murder moves to appeal conviction

Date
2015-11-30
Stage
Sentence
Primary locality
Donegal
County
Donegal

Summary

A man serving a life sentence for his role in a dissident republican murder in Donegal in 2008 has lodged an appeal against conviction at the Court of Appeal. Martin Kelly, aged 41, from Strabane in County Tyrone, was found guilty by the Special Criminal Court in January 2012 of the murder of Andrew Burns, who was shot dead in a church car park at Donnyloop, Castlefin, on 12 February 2008. Kelly had pleaded not guilty to the charge. The three-judge court also convicted him of unlawful possession of a firearm with intent to endanger life, imposing a mandatory life sentence for murder and eight years for the firearms offence. Kelly's barrister submitted that statements made during gardaí interviews should be ruled inadmissible, arguing they were not voluntarily given and that fair procedures were breached. Counsel also contended that the trial court should have considered whether the actions taken departed fundamentally from what was planned in the alleged joint enterprise.

Who, what, where, when and why

What: Report matter: NI man given life sentence for role in dissident republican murder moves to appeal conviction. Charges or matters: the murder of Mr Andrew Burns at Donnyloop, Castlefin, Co Donegal on February 12, 2008. Procedural stage: sentence

When:

Why: His barrister, Giollaíosa Ó Lideadha SC, submitted that his client's interviews should not have been admissible because the prosecution had not proved beyond a reasonable doubt that certain admissions made by Kelly were voluntary. Prosecution account reported by CNI

Case subjects

Martin Kelly

Defendant

Charges: the murder of Mr Andrew Burns at Donnyloop, Castlefin, Co Donegal on February 12, 2008 (Alleged Or Contested)

Plea: Not guilty

Outcome: He was given the mandatory life sentence by the three-judge court for murder as well as eight years for firearm possession on January 24, 2012.

Places mentioned

Secondary Mention
Residence
Court Venue
  • Special Criminal Court
  • The Special Criminal Court

Topics

Stage Sentence Violent Crime

Related court reports

Read the original CNI report

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