Courts / Tipperary / Report

Tipperary murderer jailed in 1998 has miscarriage of justice bid dismissed

Date
2015-12-11

Stage
Appeal

Primary locality
Clonmel

Summary

Anthony Buck, aged 41, was convicted of murdering David Nugent in Tipperary on 8 July 1996 and received a mandatory life sentence on 2 February 1998. He appealed to the Court of Appeal seeking to have his conviction quashed on the basis that new facts had emerged following the Supreme Court's Gormley and White decision, which concerned access to a solicitor during Garda interviews. Buck's counsel argued that the decision should allow a miscarriage of justice claim under the Criminal Procedure Act 1992. The Court of Appeal, comprising Justices Birmingham, Sheehan and Mahon, dismissed the application. Justice Birmingham noted that Buck's case differed materially from Gormley and White, that no newly discovered fact existed, and that the appeal lacked substance. The Director of Public Prosecutions' motion to dismiss was also upheld. The conviction remains in force. Anthony Buck pleaded not guilty.

Who, what, where, when and why

What: Report matter: Tipperary murderer jailed in 1998 has miscarriage of justice bid dismissed. Charges or matters: the murder of David Nugent in Tipperary on July 8, 1996. Procedural stage: appeal. Findings: Convicted

When:

July 8, 1996 Hearing Or Sentence
February 2, 1998 Hearing Or Sentence
July 1996 Incident
Sunday July 14, 1996 Incident
July 14 Other
2015-12-11 Publication

Why: It was claimed to be "of some significance" that the Sunday in question was the day of the Munster Hurling Final between Limerick and Tipperary because efforts to contact a solicitor in Cahir, Cashel, Tipperary, Clonmel and Carrick on Suir were unsuccessful, Mr Justice Birmingham said. CNI source report

Case subjects

Anthony Buck

Appellant

Charges: the murder of David Nugent in Tipperary on July 8, 1996 (Proven)

Plea: Not guilty

Finding: Convicted

Outcome: Convicted; He was convicted by a jury following "a lengthy trial" and was given the mandatory life sentence by Mr Justice John Quirke on February 2, 1998.