The Court of Criminal Appeal has dismissed an appeal by a Co Kerry man against his conviction for the murder of his brother whom he stabbed three times during a row at a New Year’s Eve party.
Ailbe Lonergan (32), Quill Street, Tralee, was found guilty by a jury at the Central Criminal Court in December 2007 of murdering his brother Michael Lonergan (34), a father of five, at his home at Baloonagh Estate, Tralee, on December 31st, 2006.
Mr Justice Patrick McCarthy imposed the mandatory life sentence.
Lonergan had denied murder but his appeal against conviction was rejected today by the three judge CCA.
Mr Justice Nicholas Kearns, presiding, and sitting with Mr Justice Roderick Murphy and Mr Justice Frank Clarke, said the court would give its reasons in a written judgment at a later date.
Paul Burns SC, for Lonergan, had argued the trial judge had erred in allowing evidence go before the jury of what the deceased man had said to some individuals after he was stabbed.
That evidence was prejudicial, counsel argued.
It was further argued the trial judge erred in not dismissing the jury after hearing one of its members was approached in relation to the trial. During the case, it was revealed a juror was approached in a pub by a man who said: “Hope you make the right decision next week”.
During the trial judge’s independent investigation into that incident, the judge had “unwittingly lead the jury”, because of the way he had worded his questions to them, into agreeing with him the trial should proceed and there was no problem, counsel submitted.
Opposing the appeal, Denis Vaughan Buckley SC, for the DPP, said the evidence against Ailbe Lonergan was “overwhelming”. Counsel argued the trial judge was correct to admit into evidence what was said by the deceased man after he was stabbed. The trial judge was also correct in not dismissing the jury after the approach to the juror was revealed, he submitted.
The trial heard Ailbe Lonergan stabbed his brother three times, including a fatal wound to the heart. The victim was taken to hospital where he died some hours later from shock and haemorrhage.
The court was told a party involving a heavy drinking session extending for two days and a night had taken place in the house in the lead-up to the stabbing.