A MAN convicted of the murder of a father-of-six in front of his wife and children has failed in his latest appeal on a point of law.
Warren Dumbrell (40), Emmet Place, Inchicore, Dublin, had sought a referral to the Supreme Court of a Court of Criminal Appeal (CCA) decision last July dismissing his appeal against conviction for the murder of Christopher Cawley (33) on October 29, 2006.
His brother Jeffrey Dumbrell, who was also convicted of the same murder, also lost his appeal.
The brothers' trial heard Mr Cawley was fatally stabbed on the stairway of the flat complex where he lived at Tyrone Place in Inchicore.
Mr Cawley's wife Janette, five-year-old son and eldest daughter witnessed the attack.
One of the Dumbrells said to the dead man's daughter as he walked away: "Your daddy's gone now", the court also heard.
Warren Dumbrell asked the CCA to refer his case to the Supreme Court on the basis that he had a point of law of exceptional importance and, in the public interest, it was desirable that an appeal should be taken.
The point of law centred on whether an accused person drops their shield against self-incrimination when they seek to introduce the previous convictions of, in this case, Mr Cawley.
Mr Dumbrell's lawyers wanted the Supreme Court to establish whether that went against previously established case law that stated the shield was not dropped if the matters complained of related directly to evidence given in the case.
Yesterday, Ms Justice Susan Denham, on behalf of the three-judge CCA, said Mr Dumbrell had raised a hypothetical point as it was not him, but his brother, who dropped his shield during the trial by stating that the deceased had 106 previous convictions.