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Saturday 23 August 2014

Wife murderer seeks appeal to Supreme Court

David Bourke stabbed wife in front of their three children

Published 19/12/2013 | 15:10

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BOURKE: (DAVID);  MURDER  TRIAL  VERDICT, CENTRAL CRIMINAL COURT, DUBLIN, (30 /3/09)
PIC. SHOWS:    DAVID BOURKE, (49 YRS.)  OF  LAVERNA DALE, CASTLEKNOCK, CO DUBLIN ,   WHO  WAS FOUND   GUILTY  OF   THE MURDER   OF  HIS WIFE,  JEAN GILBERT, (46 YRS.) AT THEIR HOME ON AUGUST, 28, 2007  LEAVING COURT YESTERDAY  (MON.)  AFTER THE VERDICT.                      (PIC: COURTPIX.)
BOURKE: (DAVID); MURDER TRIAL VERDICT, CENTRAL CRIMINAL COURT, DUBLIN, (30 /3/09) PIC. SHOWS: DAVID BOURKE, (49 YRS.) OF LAVERNA DALE, CASTLEKNOCK, CO DUBLIN , WHO WAS FOUND GUILTY OF THE MURDER OF HIS WIFE, JEAN GILBERT, (46 YRS.) AT THEIR HOME ON AUGUST, 28, 2007 LEAVING COURT YESTERDAY (MON.) AFTER THE VERDICT. (PIC: COURTPIX.)
David Bourke and his wife Jean just weeks before he murdered her
David Bourke and his wife Jean just weeks before he murdered her
David Bourke has been jailed for life for the murder of his wife in August 2007, The 49-year-old Dublin man had been found guilty of the murder of Jean Gilbert at their home in Laverna Dale in Castleknock. Picture credit; Damien Eagers 30/3/09
David Bourke has been jailed for life for the murder of his wife in August 2007, The 49-year-old Dublin man had been found guilty of the murder of Jean Gilbert at their home in Laverna Dale in Castleknock. Picture credit; Damien Eagers 30/3/09

A MAN jailed for life for stabbing his wife to death in front of their three children says he should be allowed to bring an appeal over his conviction to the Supreme Court.

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David Bourke (52) was sentenced to life imprisonment in March 2009 after a Central Criminal Court jury found him guilty of the murder of Jean Gilbert at Laverna Dale, Castleknock, Dublin, in August 2007.

The former insurance administrator had denied murder but admitted he stabbed his wife under severe provocation because she was going to leave him for another man.

Last January, the Court of Criminal Appeal (CCA) dismissed an appeal in which he claimed his conviction was unsafe and should be set aside.

Yesterday, he asked the CCA to refer his case to the Supreme Court on a point of law of exceptional public importance and because it is desirable in the public interest that it be done.

Michael O'Higgins SC argued directions given by the trial judge Barry White in relation to provocation was not in accordance with previous jurisprudence.

The State is opposing the application.

The hearing continues.

Irish Independent

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