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Oliver Kierans’s manslaughter conviction and sentence appeal dismissed

By Cathal Brosnan

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

Oliver Kierans’s appeal against his conviction and sentence for the grossly negligent killing of his wife, Patricia Kierans, was dismissed by the Court of Appeal on 12 April 2019. The proceedings were reported on 12 April 2019.

Kierans, of Drumbannon, Bailieborough, Co Cavan, pleaded not guilty at the Central Criminal Court to murdering Patricia Kierans. The shooting took place at their home on 5 September 2013. A jury found him not guilty of murder but guilty of manslaughter by a majority verdict. He was also found guilty of possessing a double-barrelled sawn-off shotgun and possessing it with intent to endanger life.

Patricia Kierans died from a shotgun wound to the chest. Kierans said he had picked up the firearm intending to take his own life, but it discharged towards his wife. On appeal, Mr Justice Patrick McCarthy said Kierans had picked up the shotgun to show his wife he would kill himself, but it discharged because of an “unexpected movement”.

After the shooting, Kierans went to The Square bar in Bailieborough. CCTV showed him pointing the shotgun at Garda Thomas Fay. Kierans pulled the trigger, but the gun did not fire; he later left the bar with Garda Fay.

On 20 April 2015, Ms Justice Aileen Donnelly sentenced Kierans to nine years’ imprisonment for manslaughter, eight years for possession of the shotgun and 12 years for pointing it at Garda Fay. The sentences were concurrent.

Kierans’s barrister, Paul Greene SC, argued that the sentencing judge should have given more credit for his personal circumstances. Mr Justice McCarthy said the judge had considered his family situation and previous good character, but that the aggravating factors were significant. He said the sentences were within range and dismissed the appeal.

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