But..

Infamous Five loose Kieran Keane murder case appeals.....

Anthony McCarthy, David Stanners, Christopher Costello, Dessie Dundon and James McCarthy convicted of murdering Kieran Keane, who was shot in an execution style killing with his hands tied behind his back and tortured, and the attempted murder of Owen Treacy, Keane's nephew in January 2003, lost their appeal  today to take their case to the Supreme Court, under Section 29 of the Courts of Justice Act 1924, in the Court of Criminal Appeal. They wanted clarification on a number of points i.e. the failure of the trial judge to adjourn the trial in light of  “excessive and prejudicial” media coverage, and issues in relation to the jury, to enable them pursue an appeal to the Supreme Court.

They were refused their appeal on the grounds that they did not raise points of law of "exceptional public importance".

The famous five *cough* were not present in court due to their agressive behaviour in 2007 when judgements were thrown at the Judge, when their appeal against their murder convictions was turned down. Justice Nial Fennelly, Justice Elizabeth Dunne and Justice Brian McGovern maintained they were “satisfied none” of the applicants “had been able” to identify a point of law of exceptional public importance.

The court was told that there was “significant media intrusion”, and the image of a “two-fingered gesture” which appeared in the media was cited before their case, as well as discussions of issues surrounding the case on the Late Late Show. It was presented to the court that the trial Judge at the time should have discharged the jury when it emerged that an employee of An Garda Siochana was on the jury. It turns out that this person is from Limerick and working as a Garda in Dubln...... and that's where my 'but' comes in! :)

The court said it was “not in dispute” that the trial attracted “enormous public interest and widespread press coverage” but rejected the argument that the fade factor should have applied and the trial adjourned. It was ruled that the trial Judge had “conducted the trial correctly”. It was also ruled that “no identifiable” point of exceptional public importance raised in respect of jury matters.

Think of my 'but' as a rubix cube! Countless twists and turns, but when you get it right, it looks perfect no matter what way you look at it....