Judgment reserved in appeal by man convicted of two murders

Counsel for Gary Howard (27) says solicitor should have been present at 2012 questioning

Counsel for the DPP said Howard did not ask for his solicitor to be present at any time during questioning. Photograph: Alan Betson/The Irish Times
Counsel for the DPP said Howard did not ask for his solicitor to be present at any time during questioning. Photograph: Alan Betson/The Irish Times

The Court of Appeal has been asked to hold that a man jailed for a “brutal” double murder in 2010 was entitled to have his solicitor present during Garda interviews.

Gary Howard (27), of Emerald Street in Dublin's north inner city, was given two life sentences on May 25th, 2012 for the murders of Patrick Mooney (58) and Brendan Molyneux (46) on January 10th, 2010.

Howard moved to appeal his convictions on grounds that his solicitor should have been present during Garda interviews, that he did not get access to his solicitor despite three requests and that he was put under psychological pressure by gardaí­before making admissions that he later retracted.

Counsel for Howard, Seán Gillane SC, told the court Howard had maintained his right to silence during Garda interviews until a statement had been put to him which, it had been alleged, would implicate him in the murders.

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Counsel for the DPP, Brendan Grehan SC, said Howard had never requested to have his solicitor present for questioning and that effectively “is the end of it”.

Mr Justice George Birmingham, who sat with Mr Justice Alan Mahon and Mr Justice John Edwards, said the court would reserve judgment.