An appeal by five Limerick men against their convictions for the murder of Limerick crime boss Kieran Keane and the attempted murder of his nephew, Owen Treacy, has been adjourned at the Court of Criminal Appeal.
The proceedings, which were listed for hearing over four days, were adjourned yesterday after Mr Justice Nicholas Kearns, presiding at the three-judge court, expressed displeasure that all materials considered to be relevant to the hearing, such as media reports of the original trial and submissions in relation to the discovery of certain documents, were not in court.
The appellants are Desmond Dundon (23), Hyde Road, Limerick; David Stanners (34), Pineview Gardens, Moyross; James McCarthy (27), Delmege Park, Moyross; Christopher Costelloe (23), Moylish Avenue, Ballynanty Beg; and Anthony McCarthy (24), Fairgreen, Garryowen.
Earlier yesterday, Jerome Lynch QC, for Dundon, said he was seeking an adjournment of the appeal because it was important that the court "saw all the material" it needs before the appeal can proceed.
Consenting to the adjournment, Mr Justice Kearns said the court was "anxious" that everything was dealt with in an "A to Z" manner. He was critical of both sides in relation to the manner in which aspects of the appeal were prepared and presented to the court.
He said the court wanted a full set of submissions on the necessity and appropriateness of the disclosure of certain documents. He also directed that all newspaper, television and radio reports concerning the men's trial that were before the trial judge, Mr Justice Paul Carney, should also be made available to the CCA.
He was also critical of the fact that two of the appellants, who are currently in prison, were over 30 minutes late for yesterday's hearing.
Mr Justice Kearns suggested the first issue to be addressed in the appeal should relate to discovery of documents followed by media publicity and issues relating to the transfer of the trial from Limerick to Dublin and security for the trial. He said the hearing deserved priority.
