THE COURT Of Criminal Appeal has reserved judgment in the case of a Sligo man seeking to overturn his conviction and sentence for the manslaughter of a 14-year-old girl.
Ronald McManus, also known as Ronnie Dunbar (45), had pleaded not guilty to murdering Melissa Mahon between September 14th and 30th, 2006.
He was jailed for life last year after being found guilty of her manslaughter by a Central Criminal Court jury following a 25-day trial in May 2009.
Summarising nine written submissions before the court, counsel for the defence, Kenneth Fogarty, contended that the original trial judge had shown evidence of bias against Dunbar, had handed down a “grossly disproportionate” sentence, and had erred in not directing the jury to confusion in the prosecution case.
Mr Fogarty said that two key prosecution witnesses involved in the disposal of the body had given varying accounts of the death of Ms Mahon. He said that the original trial judge had been “fundamentally wrong” when he asserted that evidence given by one witness to having seen Dunbar manually strangle the victim, had been given under cross-examination, when in fact it had become apparent during re-examination.
Mr Fogarty said that Mr Justice Barry White had demonstrated bias when he instructed the jury to retire for the weekend on day 21 of the trial and “get the bad taste of the case” out of their mouths.
He also said the imposition of a life sentence was grossly disproportionate and had gone against the “eyes, ears and conscience” of the jury who had found the evidence did not support a murder case.
Isobel Kennedy, for the State, told the court that although there were differences between the two witnesses’ accounts, both girls had described how Ms Mahon was alive in the house with Dunbar and then, when she left, she was dead and wrapped in a sleeping bag.
Ms Kennedy said the sentencing structure with regard to manslaughter was very elastic and that Mr Justice White was entitled to consider a life sentence, given the victim’s age and vulnerability.
The three-judge court, with Mrs Justice Fidelma Macken presiding, will return judgment at a later date.