Court reserves judgement in murder appeal case

The Court of Criminal Appeal has today reserved judgment in the application of a Dublin man for leave to appeal against his conviction for killing a taxi driver by stabbing him more than 40 times in full view of his girlfriend and young son.

In March last year, a jury found twenty-four year old Carlos Byrne guilty by unanimous verdict of murdering Mark Smyth (aged 31) in a frenzied knife attack at the Fortlawn Estate in Blanchardstown on March 18, 2008.

The Central Criminal Court jury also found Byrne’s partner Lindsey Fahy guilty of Mr Smyth’s manslaughter by a majority verdict of 11 to one.

Lawyers for Byrne today told the CCA that they would seek a retrial in the case, as it was their contention that gardaí had used excessive force when arresting Byrne and his partner at the Crowne Plaza hotel in Santry.

Counsel for Mr Byrne, Mr Patrick Marrinan SC, said that gardaí had broken down the door of the hotel room where Byrne was staying in order to make an arrest and said that the prosecution at the original trial had failed to establish a lawful basis for their actions.

Mr Marrinan said that the onus was on the prosecution to show how the decision to use this force came about and demonstrate how it was acceptable under law.

Counsel for the DPP, Mr John Aylmer SC, told the court that gardaí had acted lawfully when taking the decision to break through the hotel room door and arrest Byrne.

Mr Aylmer said that when moving to make an arrest, gardaí were acting on confidential information that Byrne and Fahy were attempting to flee the country and it was implicit in the evidence from the original trial that they believed Byrne and Fahy would have attempted an escape through the hotel door or window “at any minute”.

He told the court that it must decide whether gardaí had acted unlawfully in breaking down the door of a person suspected both of a frenzied knife attack and of absconding.

Mr Aylmer added that it was understandable why the sergeant in charge made the decision to break down the door and that it would be a “brave guard” who decided to take the risk to alert the occupants to their presence.

The panel of three judges, with Mr Justice Liam McKechnie presiding, stated they would return their decision at a later date.