Murder conviction is being appealed
Published 16/08/2014 | 00:00
AN Arklow man who was jailed for murder is appealing his conviction.
Anthony Farrell of Marian Villas, Arklow, was sentenced to life imprisonment in 2011 when he was convicted of the murder of John Deasy at Brauder's Shop, Coolgreany Road, Arklow.
Earlier this year, Farrell appealed the sentence before the Court of Criminal Appeal on the basis that he had stabbed Mr. Deasy, a father of two, in self defence while fleeing Mr. Deasy's shop having robbed it.
During Farrell's trial, shop assistant Kay O'Connor told the court she was working in John Deasy's shop on the evening of November 25, 2009 when she looked up and saw a man in a balaclava standing over her with a knife.
He ordered her to open the till. She refused but he came towards her with the knife so she opened it.
She cried as she described how she kept calling for Mr. Deasy who lived in the flat above.
Ms. O'Connor said Mr. Deasy appeared at the front door of the shop. He also had a knife, she said, and he held it up so the robber could see it.
She said he told the robber: 'this is the second effing time and this time I have the knife'.
The two men began pushing and shoving, she said.
Kay O'Connor described how she hit Anthony Farrell on the back two or three times with a sweeping brush.
She said the two men ended up in the middle of the road. She saw John Deasy's left leg go out to the side and saw him grab his arm. She saw all the blood and knew he had been stabbed.
Farrell was found guilty of the murder and sentenced to life imprisonment in May 2011.
Moving the appeal Michael O'Higgins, SC, acting for Farrell, contended that his client had never been asked in garda interviews if he was acting in self defence. He said that a person making an unlawful escape believing their own life is in danger is entitled to defend themselves.
For the state Una Ni Raifeartaigh, SC, said there was no mention in Farrell's interviews of being in fear and that he said he stabbed Mr. Deasy to get him out of the way and make good his escape.
The three judge court reserved its decision in the case to a later date.