The Court of Appeal has dismissed Christopher McDonald’s appeal against his conviction for the 2015 murder of Keith Walker, finding no basis to doubt the fairness of the trial or the safety of the verdict.
The appeal concerned a conviction entered on 10 July 2017 after a 15-day trial in the Central Criminal Court. Walker was shot dead at Blanchardstown Racing Pigeon Club in Clonsilla on 12 June 2015. The Court of Appeal delivered its judgment on 24 June 2021.
The court rejected challenges to the trial judge’s handling of several matters, including a prosecution witness’s violent outburst and threats in front of the jury, the lawfulness of McDonald’s arrest, the admission of forensic samples, and CCTV footage from a Lidl car park and a private residence. It also rejected arguments concerning the absence of an identification parade for two witnesses, their discussion during the trial, the jury directions on circumstantial evidence, and evidence from a doctor about who took samples from McDonald.
On the arrest issue, the appeal court said the trial judge was entitled to find the arrest lawful. Gardaí had information about a person seen near the club before the shooting, including a cut above the right eye and what appeared to be makeup. The court considered that description sufficiently specific and said the arresting officer had ample grounds for suspicion. It also rejected the challenge based on the period between Gardaí entering the premises and McDonald’s arrest.
The court separately considered samples taken at the Garda station after McDonald had spoken by telephone with his solicitor but before the solicitor arrived. The trial judge had found they were taken under a common-law power. The appeal court held that access to legal advice was not required before the samples were taken in the circumstances, because Gardaí had statutory authority to obtain them compulsorily if McDonald declined to provide them.
Several grounds were not pursued on appeal, including challenges to the search warrant and to certain evidence about items found in Sheepmoor. The court dismissed the grounds that were pursued and concluded that none undermined the trial’s fairness or the safety of the verdict. The appeal was dismissed; the judgment does not describe a separate sentencing or other order.