The appeal of Co Mayo farmer Padraig Nally, who was jailed for six years for shooting dead a Traveller on his land, will open today.
Three judges at the Court of Criminal Appeal will hear arguments from Nally's lawyers, who are appealing their client's conviction for manslaughter. Nally was sentenced last November for the manslaughter of John Ward, a father of 11.
In July last year, a jury found 61-year-old Nally, of Funshinaugh, Cross, Co Mayo, not guilty of the murder of Mr Ward, but guilty of his manslaughter. The 42-year-old had been shot twice and beaten with a stick.
The second and fatal shot was fired after Mr Ward, of Carrowbrowne halting site, on the outskirts of Galway city, had left the farmyard in October 2004 and was limping down the road. During his trial, Nally told the Central Criminal Court that he never intended to kill Mr Ward.
In his defence, he told the jury that in the 18 months before the shooting, there were two break-ins at his property and he believed his life was under threat.
Nally's lawyers claim Mr Justice Paul Carney's decision to direct the jury to find Nally guilty of manslaughter, having failed to agree a conviction for murder, could be questioned.