Judgment reserved in drive-by shooting appeal

The Court of Criminal Appeal has reserved judgment in an appeal by two Dublin men against their conviction for the drive-by murder…

The Court of Criminal Appeal has reserved judgment in an appeal by two Dublin men against their conviction for the drive-by murder of a 25-year-old father outside Cloverhill Prison in 2004.

Mr Justice Hugh Geoghegan, presiding at the three judge court, said yesterday that many points had been raised in the appeal and the court would reserve judgment which would be given in the next law term which begins in October.

Thomas Hinchon (26), St Ronan's Close,Clondalkin, and Brian Kenny (37),Kilshane Cross, Finglas, were each jailed for life in July 2005 for the murder of Jonathan O'Reilly, of St Mark's Gardens, Clondalkin on April 17th, 2004.

Kenny was also sentenced to three years for threatening to kill Joseph O'Callaghan (20), and Hinchon to 18 months on the same charge.

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Kenny was also sentenced to three years for having a Beretta shotgun and to 12 months for having ammunition.

During the trial, the jury at the Central Criminal Court was told that the dead man was shot outside Cloverhill Prison as he sat in a BMW car. A motorcycle drew up beside the car and a number of shots were fired through the car glass and struck Mr O'Reilly, mortally wounding him, the trial heard.

The court heard that the State's main witness, Joseph O'Callaghan, is currently in the Witness Protection Programme. During the trial, the court heard Mr O'Callaghan say he was threatened by both of the accused not to open his mouth to anyone or he would be killed.