Kilkenny man loses appeal against murder conviction

A Kilkenny man who murdered a 36-year-old mother of two at her home lost his appeal against the conviction today.

The Court of Criminal Appeal dismissed the appeal by Mark Costigan (aged 19), of Aylesbury, Kilkenny who was jailed for life in December 2004 for the murder of Christine Quinn (aged 36) at her home at Greenfields Road, Kilkenny on December 5, 2002.

During a three-week trial the Central Criminal Court heard that Mrs Quinn's son Jason , an Army private, found his mother dead in her smoke filled kitchen on his return from his barracks. She had been stabbed 35 times, her fire damaged body had 69 knife injuries and a blade had been left in her scalp. Costigan had tried to set the house on fire after carrying out the murder.

The jury heard that three separate fires had been lit in the house before Costigan left and there was evidence of a struggle in the kitchen and hall. CCTV footage showed that Costigan arrived at Gamesworld - a 25 minute walk from the Quinn home - with his sweatshirt bloodstained and he

tendered a bloodstained €50 note to buy a playstation game.

Costigan's lawyers had appealed against the conviction on the grounds that the trial judge had erred in law by admitting a blood sample taken from Costigan and that the judge had also erred in law by refusing to discharge the jury following a defence application after the judge's charge to them.

His lawyers argued that the voluntary blood sample taken from Costigan in December, 2002 was inadmissible as he was a minor at the time and the consent of his guardian was required.

Today Ms Justice Fidelma Macken, presiding at the three-judge court, said that the trial judge had not erred in law in finding that the consent was not procured by means of a ruse or trick and did not err in law in admitting the blood sample in evidence.

Ms Justice Macken also said that the court was satisfied that the trial judge had not erred in law in failing to discharge the jury after a defence request to do so after his charge and a recharge to the jury.