The Court of Appeal has dismissed John Hannigan’s appeal against his conviction for the murder of Anthony Fallon, rejecting both grounds of appeal concerning psychological evidence and statements made during Garda interviews.
Hannigan was convicted by a jury at the Central Criminal Court on 28 February 2014 and sentenced to life imprisonment, backdated to 11 January 2013. His appeal challenged the trial judge’s refusal to allow expert psychological evidence before the jury and the decision to provide the jury with his interview memorandum.
The judgment recounts that Fallon was assaulted at his home in Clonmel and later in Friary car park in the early hours of 18 January 2012. Hannigan admitted in Garda interviews that he had punched Fallon forcefully in the car park. The judgment also records that Hannigan and Joey O’Riordan brought Fallon to Hannigan’s apartment building, where he was left collapsed. He was later pronounced dead at the scene.
At trial, a defence psychologist told the court that Hannigan had an IQ of 62, was within the mild learning disability range and was vulnerable when questioned by authority. A prosecution psychiatrist said Hannigan was fit to make statements. The trial judge ruled, after a hearing on admissibility, that the statements were voluntary and admissible. The judge said the reliability of Hannigan’s evidence could be considered by the jury, but the defence did not call the psychologist before the jury or apply for leave to do so.
The Court of Appeal said the trial judge had not barred psychological evidence from being called before the jury. It also concluded that the judge was entitled to admit the interview statements, having heard expert evidence, viewed the recorded interviews and considered submissions. The court noted that the treating psychiatrist had assessed Hannigan close to the interview period and had not expressed concern about his ability to make a reliable statement.
A separate causation concern was raised in submissions and at the appeal hearing, although it was not included in the formal grounds of appeal and had not been raised at trial. The Court of Appeal said the trial evidence was sufficient for the jury to conclude that Fallon died from a very violent assault. It rejected both formal grounds and dismissed the appeal. The judgment does not alter the conviction or sentence.