Man freed after DNA evidence deemed not enough

A Dublin man on trial for murder walked free today when the Central Criminal Court jury was directed to acquit because DNA evidence alone could not be relied upon.

Mr Justice Butler's direction to the jury to acquit on murder and firearms charges followed defence submissions that, as there was no corroborative evidence to support the DNA evidence, the jury should be instructed to acquit the accused Frederick Howe.

Anne Fitzgerald, mother of the deceased man, Francis Fitzgerald, said afterwards she was "devastated" and said her "faith in the system" had been let down.

When the jury returned after legal argument today Mr Justice Butler said DNA evidence alone could not to be relied upon and pointed to the lack of corroborative evidence.

Forensic experts had told the jury that a minute blood stain found on a broken window at the deceased's flat matched DNA samples taken from a plucked hair from Frederick Howe.

Mr Fitzgerald, a Dublin Corporation worker, was shot dead at his flat at Annanoe Terrace. The evidence was that a gunman positioned on a roof had fired three shots through the bathroom window, breaking it. A further three shots were then fired through the broken glass, the jury had heard.

The evidence was that the gunman nicked his hand while putting it through the broken glass leaving a minute trace of blood.

Frederick Howe (aged 47) of Oakfield Place, South Circular Road, Dublin 8 pleaded not guilty to the murder of Francis Fitzgerald (aged 27) on 14 November 2000 at his home at Annamoe Terrace, Dublin.

The accused also denied possession of a 9mm calibre pistol with intent to endanger to life at Annamoe Terrace on the same date.

Mrs Anne Fitzgerald said: "I do not think there was any justice in this case. I really had faith in the system. There are no words to tell you how I feel."