The Court of Criminal Appeal has refused Liam Bolger’s motion to set aside its decision refusing him leave to appeal his murder conviction. The court said that decision, delivered on 14 March 2013, was final and that it had no jurisdiction to set it aside.
The motion sought an order setting aside the earlier judgment or, alternatively, a rehearing. The court nevertheless heard further submissions on 26 November 2013 as an exercise of its discretion to ensure justice was done. It said this did not reopen the appeal.
Bolger was convicted of murder in the Central Criminal Court on 17 November 2009 and sentenced to life imprisonment, with the sentence to run from 13 September 2008. The jury found he shared responsibility for the killing, although he was not the gunman. The court’s March 2013 judgment refused leave to appeal, finding no error by the trial judge.
In the later hearing, Bolger’s counsel argued that the earlier judgment had not addressed issues concerning the trial judge’s charge and re-charge to the jury about inferences from silence during Garda interviews. Counsel also raised whether the caution had clearly explained the possible consequences of remaining silent.
The appeal court reviewed the trial transcripts again. It said the core question was whether interview evidence, including Bolger’s refusals to answer questions, had been properly admitted. It recalled that the trial judge found beyond reasonable doubt that Bolger understood the statutory provisions after consulting a solicitor and receiving explanations from Gardaí. The appeal court found no error in that ruling.
The court also found no error in the trial judge’s directions on inferences, including his handling of the jury’s request for clarification and the effect of legal advice. It said a judgment need not address every argument in detail and that the March decision had determined the application for leave to appeal.
The court concluded that the leave application had been correctly refused and that it was satisfied there had been no unsafe conviction. The motion did not result in a rehearing or a change to the earlier decision.