Man found guilty of postmaster's murder
A Chinese national has been found guilty of murdering a Kilkenny postmaster who he shot in the stomach after a post office robbery that netted him more than €13,000.
Shu Shen, formerly of The Old Rectory, New Ross, Co Wexford was found guilty of murdering Alan Cunniffe, 32 by a jury of six men and six women in the Central Criminal Court at Dublin this morning.
The 25-year-old will receive a mandatory life sentence but Mr Justice Paul Carney remanded him in custody until Friday when Mr Cunniffe’s family will give victim impact evidence.
Shen had pleaded guilty to Mr Cunniffe’s manslaughter but the plea was rejected by the Director of Public Prosecutions represented by Mr Alex Owens SC.
Shen will also be sentenced on Friday on charges of robbing the post office of over 13,000 euro and possession of a firearm with intent to commit a robbery.
During the trial the court heard Shen caught a bus from Dublin to Kilkenny on the morning of December 8, 2006.
Shen said he knew the post office because, claiming asylum in Ireland, he had previously stayed in a hostel in Kilkenny near the post office.
Armed with a knife, an air-pistol he modified with super glue to take.22 rounds and his face covered with a balaclava, Shen robbed the post office on John’s Green just after 12pm, taking nearly €15,000 and telling postal clerks "thanks" as he left.
Mr Cunniffe arrived at the post office as Shen was fleeing and chased him down Kilkenny’s Wolfe Tone Street.
Despite locals begging him not to give chase Mr Cunniffe caught up with Shen a number of times, Shen waving the gun at him and Mr Cunniffe stopping.
Mr Cunniffe eventually got hold of the bag of cash Shen was carrying on his back and was shot as the pair wrestled.
Shen fled as Mr Cunniffe lay on the footpath but was arrested a short time later.
Mr Cunniffe died in hospital at 3pm the same day.
In interviews with gardaí Shen said the shooting was an accident and he committed the robbery because, with no allowance and unable to get a work visa, he needed the money.
He claimed he was an asylum seeker fleeing the Chinese communist regime that persecuted and beat him because of his religion that he claimed was Falun Gong.
Yesterday representatives of the Falun Gong movement in Ireland said they had never heard of Shen and in a statement said he should be responsible for his own actions.
Killing is strictly forbidden in the practice of Falun Gong the statement read.
“All Falun Dafa cultivators must strictly observe the laws of their countries of residence. Any conduct that violates a countries policies or regulations would directly oppose the merits and virtues of Falun Dafa. The individual concerned is responsible for the violation and all it’s consequences. Mr Shu Shen therefore, should be responsible for his own behaviour,” the statement said.
Mr Paul Coffey SC, for Shen, told the jury in his closing speech there was no evidence to suggest Shen deliberately pointed the gun at Mr Cunniffe and fired it.
During the trial the court heard evidence from postal clerks who said Shen said “no harm” and appeared an “amateur after a few bob.”
Postal clerks Heather White and Breda Cahill said Shen told them “thanks” as he left the post office.
Other witnesses gave evidence that as they saw Mr Cunniffe chasing him, the pair stopped up to three times where witnesses said Shen waved the gun at Mr Cunniffe.
“If it was his intention to use the gun to prevent contact or prevent Mr Cunniffe from grabbing the bag you would have thought he would use the gun before this happened,” Mr Coffey said.
The jury, which deliberated for 1 hour and 32 minutes, rejected this defence in returning their verdict of guilty of murder just before 12.45.