Courts / Donegal / Report
Dissident drove man to kneecapping without knowing it was to be a "deliberate execution", appeal court hears
Summary
The Court of Appeal has reserved judgement in the case of a man convicted of murder in connection with a dissident republican shooting in Donegal. Martin Kelly, aged 41, from Strabane, County Tyrone, was found guilty by the Special Criminal Court of the murder of Andrew Burns at Donnyloop, Castlefin on 12 February 2008, and received a mandatory life sentence in January 2012. Mr Burns was shot twice in the back in a church car park. Kelly's appeal centres on the legal doctrine of joint enterprise. His counsel argued that while Kelly agreed to drive Mr Burns to the location for a planned kneecapping, he was unaware the actual intention was a deliberate execution. The Director of Public Prosecutions' counsel contended that Kelly knowingly delivered Mr Burns to be shot and must have foreseen the grave risk of death. The court noted that UK authorities are examining murder convictions based on joint enterprise doctrine, and indicated this may inform its consideration. Martin Kelly pleaded not guilty.
Who, what, where, when and why
What: Report matter: Dissident drove man to kneecapping without knowing it was to be a "deliberate execution", appeal court hears. Charges or matters: the murder of Mr Andrew Burns at Donnyloop, Castlefin, Co Donegal on February 12, 2008. Procedural stage: appeal
When:
- February 12, 2008 Hearing Or Sentence
- January 24, 2012 Hearing Or Sentence
- 2015-12-01 Publication
Case subjects
Appellant
Charges: the murder of Mr Andrew Burns at Donnyloop, Castlefin, Co Donegal on February 12, 2008 (Alleged Or Contested)
Plea: Not guilty
Outcome: The non-jury Special Criminal Court found Kelly guilty of the murder and gave him the mandatory sentence of life imprisonment on January 24, 2012.
Places mentioned
- Court of Appeal
- Special Criminal Court
- The Special Criminal Court
- The British Supreme Court
Topics
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