Man appeals murder verdict

A convicted murderer has appealed his conviction on grounds that gardaí “harvested” evidence from him after telling his solicitor he was in custody on foot of a separate matter.

John Walsh, aged 49, with an address at Cork St, Mitchelstown, Co Cork, denied murdering John McManus at a flat on Wellington Rd, Cork City, on a date unknown between October 28 and November 7, 2008.

He was found guilty and given the mandatory life sentence on December 9, 2010.

Patrick Gageby SC, for Walsh, told the Court of Appeal gardaí had a strategy of not telling Walsh’s solicitor “what they were about” when they arrested him.

Mr Gageby said Walsh’s solicitor, Frank Buttimer, had been told Walsh was arrested on foot of a bench warrant and failing to display a valid NCT certificate. However, while he was in custody he gave up five tranches of material evidence related to their murder investigation.

It was a strategy to steal a march on the accused, Mr Gageby said, and to deprive him of legal advice when the gardaí were “harvesting” a substantial amount of evidence for the murder probe.

The court heard Walsh consented to having his clothes examined while in custody after Mr Buttimer was told his client had been arrested on foot of a bench warrant and having no NCT.

The following morning, when Walsh was being transported to the District Court in a patrol car, he made remarks about what had happened on the night Mr McManus met his death.

Counsel for the DPP, Marjorie Farrelly SC, said

that, at the time of Walsh’s arrest, the gardaí were not aware that a murder had been committed or that the accused had anything to do with it.

Mr Justice George Birmingham said the Court of Appeal would reserve judgment to a date “as soon as possible”.


Audrey's been sorting out Cork people for ages.Ask Audrey: C’mere, what’s the story with Chris O’Dowd thinking he’s better than Cork people

So, I put a link to a short story up for my students the other day. The story was by Michael Morpurgo and I was delighted to find an online copy. It can be challenging when you are relying on non-paper texts to teach.Secret diary of an Irish teacher: I love physical books and always will

Celebrated actress Siobhán McSweeney may have found fame starring in a TV series set at the other end of the country, but Cork is never far from her thoughts, writes Ciara McDonnellHome is where the art is for Derry Girls actress

There are literally hundreds of free events on offer this evening for kids and adults on Culture Night. Marjorie Brennan selects the best of them, in Cork and beyondCulture Night: Get out and make the most of it

More From The Irish Examiner