A young homeless man who beat a man to death in Dublin's Smithfield area lost his appeal against his murder conviction today.
The Court of Criminal Appeal dismissed the appeal of Gary Gleeson (22), of no fixed abode, who was convicted in December 2004 of the murder of Mr Paul Farrell (46), of Moateview Gardens, Coolock, Dublin, at Coke Lane, Smithfield, on July 10th, 2003.
Gleeson was sentenced to the mandatory term of life imprisonment by Mr Justice Barry White following the jury's verdict. During the trial the court heard that Mr Farrell was beaten to death in a derelict building used by heroin addicts in Coke Lane.
The jury heard that Gleeson and Mr Farrell had been drinking in a bar on Dublin's quays and were seen kissing in the pub before leaving and walking in the direction of Heuston Station.
Gleeson told gardaí that the two men went to a building on Coke Lane where Mr Farrell made sexual advances to him. Gleeson said he then grabbed something and started hitting Mr Farrell with it.
Presenting Gleeson's appeal, Mr Anthony Sammon SC argued the trial judge had erred in law in that he had misdirected the jury on the issue of provocation when he was delivering his charge to them.
But, dismissing the appeal, Mr Justice Nial Fennelly, presiding at the three-judge court, said the court was satisfied the trial judge had fully explained the issue of provocation to the jury and that there was no misdirection.