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Gary Howard refused leave to appeal murder convictions

By Rory Hanlon

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Gary Howard was refused leave to appeal his two murder convictions by the Supreme Court on 28 September 2018. The court comprised Clarke C. J., Charleton J. and O'Malley J.

A Central Criminal Court jury found him guilty on two charges of murder on 25 May 2012. The victims, Paddy Mooney and Brendan Molyneaux, were killed by gunshots on 10 January 2010.

The Court of Appeal dismissed his appeal in a judgment of Edwards J on 20 July 2016. Its order was perfected on 7 February 2018.

Howard applied for leave to appeal to the Supreme Court on 8 May 2018. The application was out of time, and the court declined to extend time.

Howard argued that uncertainty about solicitors attending interviews and the right to legal advice raised a point of general public importance. The application also concerned disputes over admission of a confession statement, the validity of his extended detention and whether the officer extending detention should have been independent of the investigation. Howard asked the court to await the outcome of another case submitted to the European Court of Human Rights.

The Supreme Court said recent rulings had addressed access to solicitors and regarded the disputed matters as specific to the facts. It was not persuaded that postponement was required or that the constitutional criteria for a further appeal were met.

Sources

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