A man serving a life sentence for the murder of a woman in a Limerick city nightclub has appealed his conviction to the Court of Criminal Appeal.
Lawyers for Mark Cronin claim the trial judge misdirected the jury in relation to the circumstances of the fatal shooting of Ms Georgina O'Donnell.
It is claimed on behalf on Cronin that no witness actually saw a gun in his hand, and that there was an issue of an accident. The appeal hearing concluded yesterday and the three-judge court, presided over by Mr Justice Hardiman, reserved judgment.
Cronin (35), of Crecora Avenue, Prospect, Limerick, was convicted in the Central Criminal Court on April 4th, 2000, of the murder of Ms O'Donnell (20), of St Brigid's Avenue, St Mary's Park, Limerick, at the Henry Cecil Night Club on March 3rd, 1998.
The trial was told that Cronin had argued with his wife, Ms Angela Collins, and had head-butted her earlier that night and stormed out. The prosecution claimed he later returned to the disco with a handgun which he pointed at his wife.
It was claimed she had slapped away his hand and the gun went off, killing Ms O'Donnell, who was not with the party but was standing close by with friends.
At the appeal court yesterday, Mr Hugh Hartnett SC, for Cronin, said nobody had seen his client with the gun. Somebody said they they saw him with something as he walked away. A number of witnesses said he raised his hand and there was a flash and a bang. Nobody had any intention of shooting the girl who died, Mr Hartnett said.
A witness, Ms Joan Ring, had given evidence that she heard a bang and saw Cronin walking away with something that looked like a gun. Cronin had stated at the trial that he did not fire a gun.
Mr Hartnett said the trial judge had failed to address the jury on the possibility that the shot could have been caused by the interaction of Ms Collins, by pushing aside the hand of the man who fired the shot. Two witnesses had stated that the hand of a person who appeared to shoot was pushed aside.
Mr Hartnett said this was an accident rather than a mistake. It was possible that the pushing aside caused the shooting. The fact that the defendant gave another explanation was irrelevant.
Cronin had no argument with Ms O'Donnell, who clearly was not intended to be killed, and this raised the question of an accident, counsel said.
Opposing the appeal, Mr Michael J. Durack SC, for the DPP, said the question of an accidental discharge never arose at the trial.
The jury had had the option of returning a verdict of manslaughter but had returned a murder verdict.