The Court of Criminal Appeal has dismissed Brian Kearney’s appeal against his conviction for the murder of his wife Siobhán at their Dublin home.
The three judge court, with Mr Justice Nicholas Kearns presiding and sitting with Ms Justice Elizabeth Dunne and Mr Justice John MacMenamin, heard the appeal today.
After it concluded, the court adjourned for 45 minutes to consider its decision after which Mr Justice Kearns said the court would dismiss the appeal and give its reasons at a later date.
The decision was greeted with applause by members of the victim’s family and others and there were shouts of “Yes!” and “Put him back in his cage.”
Kearney, seated close to members of his own family, showed no emotion when the verdict was announced.
Outside the court, members of Siobhán Kearney’s family expressed their delight at the court's decision.
The family said justice had been done but although Brian Kearney was heading back to prison, he would one day “feel grass under his feet” whereas Siobhán would not.
Siobhán’s sister, Aisling McLaughlin, said it had been “an emotional and difficult day” for her family. The family were delighted Brian Kearney, whom she described as an “evil monster”, was “back where he belonged”.
No words could describe the loss of Siobhán and all her sister had ever wanted was to get out of an unhappy marriage, Ms McLaughlin added. Siobhán had been denied many happy family occasions and Siobhán’s son Dan had been denied his mother.
Kearney was found guilty at the Central Criminal Court in March 2008 of murdering his wife, the mother of their young son, at their home at Carnroe, Knocknashee, Goatstown, on February 28th 2006, his 49th birthday.
Kearney (52) was convicted of his 38-year-old wife’s murder by a majority jury verdict of 11 to one and Mr Justice Barry White imposed the mandatory life sentence.
During the trial, the prosecution argued Siobhán Kearney was planning to separate from her husband and to move into a new home the couple had built but this did not fit into Kearney’s plans and he had strangled her with a vacuum cleaner flex before attempting to make her death look like a suicide.
Moving the appeal today, Michael O’Higgins SC argued Kearney’s conviction was “manifestly unsafe” because of the lack of primary fact evidence linking him to her killing.
Counsel also argued the trial judge had erred by allowing into evidence a reference to the fact Siobhán Kearney had kept a diary.
That diary was kept by Siobhán on the advice of her solicitor to keep notes on the relationship with her husband for use in family law proceedings, Mr O’Higgins said. While the contents of the diary were not given, the jury were told the diary was found concealed in a hot press with money and Siobhan’s passport.
This information, counsel submitted, could have lead the jury to speculate about the diary contents in a manner prejudicial to his client. He further argued the probative value of the diary was not proven by the prosecution as it had already been agreed Siobhán was serious about separating from her husband.
Further grounds of the appeal included the prosecution had exceeded what was permissible in relation to Kearney’s exercising of his right to silence during interviews with the gardaí.
Mr O’Higgins said there should have been a directed acquittal of his client at the end of the prosecution case.
Opposing the appeal, Dennis Vaughan-Buckley SC, for the DPP, said the trial judge had not erred in any respect in his handling of the trial and the conviction was safe.
The evidence against Kearney was “overwhelming”, counsel said. The jury had found Kearney guilty on the facts and were entitled to do so.