Appeal court orders murder retrial

The Court of Criminal Appeal has quashed the murder conviction, and ordered a retrial, of a Dublin man who it is alleged drove a gunman who shot dead a father-of-two at a house party almost four years ago.

Today the three judge CCA, comprised of the Chief Justice Mr Justice John Murray, Mr Justice Declan Budd and Mr Justice John Edwards ruled that Bryan Ryan's conviction was unsafe because the judge at his trial failed to properly warn the jury about evidence given by a key prosecution witness - Kevin Whelan - who was in the witness protection programme at the time.

In December 2008 Mr Ryan (aged 26) received a life sentence from Mr Justice Barry White at the Central Criminal Court after a jury found him guilty of the murder of Ian Tobin at Fortlawn Park, Blanchardstown, Dublin 15 on May 27, 2007.

On 10-2 majority the jury found that Mr Ryan had participated in a joint enterprise, by driving the gunman to the scene of the murder on a stolen motorcycle, then driving him away afterward and burning the motorcycle.

Mr Tobin (aged 25) died after being shot while attending a house party. The DPP claimed that Mr Tobin was not the intended victim of the shooting.

Mr Ryan, Sheepmore Crescent, Blanchardstown, who denied the charge, appealed against his conviction on grounds including that the trial judge had failed to give the jury proper warnings concerning the protected witnesses evidence, in particular as regards the corroboration (independent testimony that tends to show that the crime was committed and was committed by the accused person) of such evidence.

The Judge, it was also argued, further erred by refusing to compel the prosecution to inform the defence of all arrangements and benefits given to the witness in the protection programme.

He also argued that certain statements given by Mr Ryan to the Gardaí while he was in custody should not have been put before the jury, and that the judge had failed to direct the jury that a verdict of manslaughter could have been brought in.

The DPP had opposed the appeal and argued that the conviction was safe.

Giving the court's judgment the Chief Justice said that Mr Justice White had misdirected himself in law in deciding not to give a protected witness warning concerning corroboration to the jury in addition to an accomplice warning.