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Saturday 20 September 2014

Wife killer Bourke fails in bid to have appeal heard by Supreme Court

Aodhan O Faolain

Published 23/01/2014 | 12:25

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David Bourke and his wife Jean just weeks before he murdered her
David Bourke and his wife Jean just weeks before he murdered her

A MAN jailed for life for stabbing his wife to death in front of their three children, has failed in his bid to have his appeal against his conviction determined by the Supreme Court.

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The three judge Court of Criminal Appeal also dismissed an application by David Bourke (52) to set aside or re-hear certain issues relating to his appeal,  which was dismissed by the CCA in January 2013. 

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

In an application to the CCA Bourke sought to have his appeal either set aside or that it address a point, his lawyers claimed were not addressed by the appeal's court in its judgment.

He further sought that his case raised a number of points of law of exceptional public importance which should be referred to the Supreme Court for determination.

The DPP had opposed Bourke's application.

In a ruling today the CCA comprised of Mr Justice John MacMenamin, presiding, sitting with Mr Justice Eamon de Valera and Mr Justice Brian McGovern said it "could find no basis whatsoever for setting aside or varying its earlier judgment."

The court also found that Bourke's appeal raised no points of exceptional public importance that merited the case being  referred to the Supreme Court. 

Bourke was not present in court for today's ruling. 

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