Wednesday 28 September 2016

Gangland figure Brian Rattigan's appeal against murder conviction referred to Supreme Court

Tim Healy

Published 29/07/2015 | 17:58

Brian Rattigan
Brian Rattigan

MURDERER Brian Rattigan's appeal against his conviction has been referred to the Supreme Court.

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The Court of Criminal Appeal (CCA) today held that Rattigan's appeal raises a point of exceptional public interest which should considered by the Supreme Court.

Brian Rattigan
Brian Rattigan
Brian Rattigan

Rattigan, with an address at Cooley Road in Drimnagh, Dublin, was found guilty of murder by stabbing Declan Gavin (21) outside Abrakebabra in Crumlin Shopping Centre, Dublin, on August 25, 2001. 

Read more here: Rattigan's life in jail as judges rule bloody feud sentence correct  

He was jailed for life in 2009 after a majority jury convicted him of murder.

In 2013 the CCA dismissed his appeal.

Rattigan then made an application to the CCA to have a point of law that arose out of his appeal referred to the Supreme Court.

It relates to the section 16 of the 2006 Criminal Justice Act which introduced a significant exception on the hearsay rule.

Read more here: Gangland figure Brian Rattigan refused appeal over life sentence for murder  

Rattigan's lawyers want the Supreme Court to consider whether that part of the Act applies to statements of evidence made prior to the coming into force of that particular law.

They argued it was unfair to apply this law retrospectively and in breach of his constitutional rights.

The State opposed the application.

In his ruling on behalf of the CCA, Mr Justice Donal O'Donnell said this was "an issue of enduring importance" and the appeal should go before the Supreme Court.

Rattigan was not in court for the ruling.

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