DNA evidence is not sufficient to convict without corroborative evidence, a murder trial at the Central Criminal Court was told today.
Mr Justice Butler instructed the jury in the case of Mr Frederick Howe, who was accused of murdering Dublin City Council worker, Mr Francis Fitzgerald, to acquit because there was no corroborative evidence pointing to the accused's guilt.
Forensic evidence showed a blood stain found at the scene of the crime matched DNA samples taken from Mr Howe's hair.
The prosecution's expert forensic witness Mr Mike Burrington there was a "one-in-one-hundred-million" chance of the DNA belonging to anyone other than the accused.
Mr Howe (47) of Oakfield Place, South Circular Road, Dublin 8, had pleaded not guilty to firearms offences and the murder of Mr Fitzgerald (27), at the latter's flat in Annamoe Terrace, Dublin on November 14th, 2000.
The jury heard the deceased man was shot twice in the chest and died instantly.
During the trial, the deceased's mother Mrs Anne Fitzgerald said there was "bad blood" between the victim and his late uncle Gerald 'Concrete' Fitzgerald.
The victim's girlfriend Ms Jenny Inglis also told the court that her boyfriend became "nervous" and "paranoid" after Mr Gerald Fitzgerald was hurt in a gun attack.
Mr Francis Fitzgerald was shot a week later. Mr Gerald Fitzgerald was shot dead on the first anniversary of the former's murder.