Appeal against Kearney murder conviction to be heard in May

An appeal by Brian Kearney against his conviction for the murder of his wife Siobhán will be heard by the Court of Criminal Appeal (CCA) at the end of July.

Last year Kearney was found guilty at the Central Criminal Court of murdering his wife, the mother of their young son, at their home at Carnroe, Knocknashee, Goatstown, Dublin, on February 28, 2006, his 49th birthday.

Kearney had denied the charge, and appealed against his conviction.

When the matter was briefly mentioned at the CCA today, Mr Justice Adrian Hardiman fixed Tuesday July 28 next for the hearing of the appeal.

The Judge was told that all submissions have now been filed and the case is ready to go ahead.

Mr Michael O'Higgins SC for Kearney told the court that the appeal, which will be determined by the three judge court, will take a day to hear.

In March 2008, Kearney (aged 52) was convicted of his 38-year-old wife's murder by a majority jury verdict of 11 to one, after deliberating for more than five hours.

Mr Justice Barry White imposed the mandatory life sentence.

During the trial, the prosecution argued a separation and Siobhán's plans to move into the new home the couple had built did not fit Kearney's plans and that he had strangled her with a vacuum cleaner flex.

It was further argued that he then hoisted her over the en-suit door in her bedroom in an attempt to make it look like a suicide.

The defence maintained Siobhán committed suicide and that the couple's separation was amicable.