Monday 23 October 2017

Man convicted of murdering two Poles wants Supreme Court to hear a new appeal

A MAN convicted of murdering two Polish men wants the Supreme Court to hear a new appeal by him because he says his case raises issues of public importance.









David Curran (21), Lissadell Green, Drimnagh, Dublin, was jailed for life in 2010, for murdering mechanics Pawel Kalite (29) and Marius Szwajkos (27) by stabbing them in the head with a screwdriver outside their home on Benbulben Road, Drimnagh on February 23, 2008.



At the original trial, the defence contended Curran stabbed the two men having "lost control" and succumbed to a "mad rage" when the two victims shouted and moved towards him from the door of their house.



He appealed his conviction for the double murder and last December the Court of Criminal Appeal (CCA) dismissed his case saying Curran was already engaged on a trail of destructive activity before his encounter with the two Polish men.



The CCA found everything pointed to the accused being in a drink and drug fuelled violent rage which indicated aggression and revenge rather than provocation.



Today he brought a new application to the CCA, under Section 29 of the Courts of Justice Act 1924, asking for his case to be referred to the Supreme Court on points of law of exceptional public importance.



His lawyer argued the CCA's decision in December raised a number of issues that were of fundamental importance that should be considered by the Supreme Court.



They included whether a direction to a jury by the trial judge that is is not necessary to reach any level of certainty, either mathematically or morally, amounts to a misdirection.



They also included whether, in a criminal trial, it is necessary to inform members of the jury that while they must strive to reach a verdict, no members should subscribe to a verdict with which they do not truly agree.



The State opposed the new application and said no point of public importance had been raised.



The CCA reserved its decision yesterday.



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