The Court of Criminal Appeal has dismissed an appeal by a Dublin man against his conviction for the murder of his girlfriend's former lover.
Mark McCann (33), Finglas, Dublin was jailed for life in December 2004 after a jury at the Central Criminal Court convicted him of murdering Robert Rogers (26), also Finglas, at Cappagh Avenue on January 12th, 2002.
During the six-day trial, the court was told that the killing arose out of a rivalry between McCann and Mr Rogers for the affections of Anita Dunne and that McCann murdered Mr Rogers, his girlfriend's former lover, because he didn't want him "around her."
After Mr Rogers called to Ms Dunne's house on the morning of the fatal stabbing, McCann confronted him and a struggle ensued during which Mr Rogers was stabbed five times.
Presenting McCann's appeal yesterday, Michael O'Higgins SC submitted that the trial judge, Mr Justice Paul Carney, had erred by not discharging the jury after the prosecution's opening speech at the trial.
The trial was also rendered unsatisfactory, he said, because of remarks made by Mr Justice Carney before the closing speeches by the prosecution and defence.
Mr Justice Carney should have discharged the jury after a Garda witness, in answer to a question from defence counsel, said that he was familiar with McCann, Mr O'Higgins said.
Ms Justice Fidelma Macken, presiding over the three-judge court, said the prosecution was not in error in the opening speech and the court was not satisfied that Mr Justice Carney's general comments, made in reference to past history, before the closing speeches would have swayed the jury.
There was no evidence that the garda's remarks that he was familiar with McCann had affected him in an adverse manner.