Schoolgirl killer has appeal rejected

A man who raped and murdered a schoolgirl and left her to drown on a remote Connemara beach, today failed in his bid to have an appeal against his conviction heard by the Supreme Court.

The body of 17-year-old Siobhán Hynes was found at Tismeain beach, half a mile from the Co Galway home of John 'Demesne' McDonagh in the early hours of December 6, 1998.

McDonagh (AGED 33), a builder's labourer, of The Demesne, Keeraunbeg, Carraroe, was jailed for life in at the Central Criminal Court in 2001 after he was found guilty of the murder and rape, with an object, of Ms Hynes, of Sconse, Lettermore, Connemara.

McDonagh had appealed against his conviction, on 13 grounds. All of which were dismissed last February by the CCA after a two day hearing.

Today McDonagh's application that would allow him appeal against his conviction be heard by the Supreme Court on the grounds it raised a point of law of exceptional public importance was rejected by the three judge Court of Criminal Appeal.

Mr Justice Hugh Geoghegan, sitting with Mr Justice Roderick Murphy and Or Justice Daniel Herbert said that the CCA was "quite satisfied" that no point of law of exceptional public importance which required determination by the Supreme Court had been raised by McDonagh.

Counsel for McDonagh Mr Tim O'Leary SC said that the application was being brought on grounds including that there was a failure to record properly which evidence during his client's trial was given in the Irish language.

A further ground related to the role of an expert witness.

Counsel said that Dr Louise McKenna, of the State Forensic Science Laboratory, had said in a report that the transfer of fibres from fibres found on clothing belonging to McDonagh and fibres from Ms Hynes's jacket and jumper were "less likely" to have been caused by secondary transfer of fibres than primary transfer.

The prosecution had contented that there was a primary transfer of fibres indicating that there had been close contact between McDonagh and Ms Hynes.

The contents of this report, said counsel, were not put before the jury at the trial.

Opposing the application Mr Denis Vaughan Buckley for the DPP said neither of the grounds raised a point of public importance that would merit the case going before the supreme Court.

At his trial at the Central Criminal Court, the prosecution claimed that McDonagh had earlier raped Ms Hynes with an object, possibly in a field, and had then brought her still alive although it was unclear whether she was conscious or unconscious, to the beach and left her there to drown

when the tide came in.

In rejecting the application on all grounds Mr Justice Hugh Geoghegan said that the CCA was satisfied that "no injustice" has been caused to McDonagh.

The Judge said that the issue concerning fibre transfer had been put before the CCA and had been rejected.

The Court added that opinion of Dr McKenna in relation to the likelihood of secondary transfer of fibres in this case were available to McDonagh's then defence counsel at the time of his trial, but they had opted not to use it.