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Murderer Rattigan's legal bid for appeal

A FEARED criminal who last February lost an appeal against his conviction for the murder of a man more than 11 years ago says he should be allowed a new appeal to the Supreme Court on a point of law of exceptional public importance.

Brian Rattigan (below), of Cooley Road in Drimnagh, Dublin, was found guilty of stabbing Declan Gavin (21) outside a restaurant in Crumlin Shopping Centre, Dublin, on August 25, 2001.

The 32-year-old was jailed for life in 2009 after a majority jury convicted him of murder.

Last February, the Court of Criminal Appeal (CCA) dismissed an appeal it heard last year in relation to the 2001 murder.

APPLIED

Yesterday, he applied to the CCA to be allowed to bring another appeal over the matter to the Supreme Court on a point of law of exceptional public importance.

The appeal is on a number of grounds including that the trial judge overstepped the accepted line in jurisprudence by advocating a particular position in relation to the admission of statements at his trial.

That decision, if left unchallenged, will be left as "a beacon to other trial judges in the future as to where that line has moved to", Brendan Grehan, for Rattigan, said.

The State opposed the application to refer the matter to the Supreme Court. The three-judge CCA reserved its decision.

hnews@herald.ie


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