Getaway driver fails to have murder conviction set aside
Published 23/01/2014 | 18:02
THE Court of Criminal Appeal (CCA) has dismissed an application to set aside a man's conviction for murder for acting as the getaway driver for the gunman of a fatal shooting.
In 2009, Liam Bolger (26) was jailed for life after a Central Criminal Court jury found him guilty of the murder of Christopher Barry (25) on September 13, 2008.
Bolger, of Homelawn Gardens in Tallaght, had denied the murder at Byrne's bookmakers on Killester Avenue in Donnycarny, Dublin.
The jury agreed with the prosecution case that although Bolger was not the actual assassin, he shared equal responsibility for the murder by driving the gunman away from the area of the shooting in his white Renault van, and the case was one of joint enterprise.
Last March, the CCA dismissed Bolger's appeal against his conviction.
He had claimed his conviction was unsafe and should be quashed.
In a further application to the CCA, his lawyers sought an order setting aside the appeal court decision claiming two grounds of the appeal were not dealt with in the judgment because of an oversight by the court.
The DPP had opposed the motion.
In a rulling yesterday, the CCA said it was satisfied that there had been "no unsafe conviction" and that no error in law was made by the trial judge.
Bolger, a father of one, was not present in court for yesterday's ruling.
His trial was told that Christopher Barry had a conviction for a drugs offence and had been associated to a feud between Crumlin and Drimnagh criminal gangs.
The court also heard that Liam Bolger's father was shot dead in a pub in Clanbrassil Street in Dublin city centre in 1994.