There was "no basis" for a Dublin man's appeal against his conviction for the murder of his sister and it was difficult to see how it could be thought there was, the Court of Criminal Appeal said today.
Mr Justice Hardiman made the remark when dismissing the appeal brought on behalf of David Bell (29) against his conviction for the murder of his sister Lisa (22) in "squalid and sordid" circumstances at the home they shared at St Theresa's Gardens, Dublin on December 16th, 2001.
Mr Bell had admitted slashing his sister's throat three times with a Stanley knife as she lay in bed. She had earlier confronted him about his failure to obey her demand to leave the flat because, in order to feed his heroin addiction, he had stolen her TV and a toy garage bought as a present for her then two-year-old son.
In presenting the appeal against conviction, Mr Blaise O'Carroll SC, for Bell, said it was being brought on grounds of the trial judge's refusal to allow the defence of provocation go to the jury and on the alleged admissibility of a statement by Bell made after he voluntarily went to the Garda station.
After hearing the appellant's case, Mr Justcie Hardiman, sitting with Mr Justice Murphy and Mr Justcie Herbert, said the court didn't require to hear from the DPP.
Dismissing the appeal, Mr Justcie Hardiman said the facts of the case were "squalid and sordid in the extreme and were ample testimony to the absolutely destructive effect of heroin addiction".
Mr Bell's sister had given him a home in her apartment, even allowing him become a joint tenant, on the basis that he was a recovering addict. He had lapsed and stole her TV and a present for her child which led to a confrontation where she ordered him to leave.
When she returned home at 6.30 a.m. on December 16th, 2001, from her work on night shifts with An Post, he was still there, there was another verbal confrontation and she went to bed. He went to her room, confronted her with a knife and slashed her throat three times.
He then put a pillow over her face. Her body was found that evening and the scene was being preserved by gardaí when Mr Bell returned to the flat and told gardaí he had killed his sister. He later went to the Garda station and made a statement admitting the crime.
It was in these circumstances that it was argued the defence of provocation should be let go to the jury.
Mr Justice Hardiman said this matter had been discussed with Mr O'Carroll who had conceded there was nothing to show the total loss of self-control that was required for a provocation defence.
On the second ground regarding admissibility of the statement made by David Bell in the Garda station, Mr Justice Hardiman said that, prior to this, there were clear and voluntary admissions to the crime made by Bell to the gardaí after Bell himself approached them.
In light of those factors, the court would under no circumstances see the conviction as unsafe and unsatisfactory.