Donegal murder trial continues in legal argument

The trial of a Strabane man for the murder of another Strabane man in Co Donegal over three years ago continued hearing legal issues at the Special Criminal Court in Dublin today.

Martin Kelly is on trial for the murder of Andrew Burns, whose body was found by a group of teenagers in the car park of a church at Donnyloop in Co Donegal in 2008.

It is the prosecution case that Kelly was part of a joint enterprise to lure Mr Burns from Strabane to Donnyloop where he was shot twice.

The shooting was heard by a group of five young people from Clady, Co Tyrone who were walking in the area.

Martin Kelly (aged 36),a bus driver, of Barrack St, Strabane, Co Tyrone, has pleaded not guilty to the murder of Andrew Burns (aged 27), an unemployed man, at Donnyloop, Castlefin, Co Donegal on February 12, 2008.

The court has heard that Mr Burns was shot twice in the back with the fatal gunshot penetrating his aorta, causing massive blood loss and death.

The three-judge non-jury court is hearing a "trial within a trial" on the admissibility of alleged statements made by Kelly while in garda custody in Letterkenny and during an interview in the North with two senior garda officers.

Defence counsel Mr Giollaoisa O'Lideadha SC has told the court that the defence is challenging the arrest and detention of the accused at Letterkenny Garda Station. The defence is also challenging the admissibility of alleged statements made by Kelly on the grounds that they were not made voluntarily because of "inducements and threats" by members of the gardaí.

Mr Justice Paul Butler, presiding, made an order that there should be no reporting of the evidence in the "trial within a trial" until the court has decided on the legal issues.