A man on trial for the murder of a Dublin City Council worker walked free from the Central Criminal Court yesterday when the jury was directed to acquit because DNA evidence alone could not be relied upon.
Mr Justice Butler's direction to the jury to acquit on murder and firearms charges followed defence submissions that, as there was no corroborative evidence to support the DNA evidence, the jury should be instructed to acquit the accused, Mr Frederick Howe.
Ms Anne Fitzgerald, mother of the deceased man, Mr Francis Fitzgerald, said afterwards she was "devastated", and that her "faith in the system" had been shaken.
When the jury returned after legal argument yesterday, Mr Justice Butler said DNA evidence alone could not be relied upon, and pointed to the lack of corroborative evidence.
Forensic experts had told the jury that a minute blood stain found on a broken window at the deceased's flat matched DNA samples taken from a hair plucked from Mr Howe.
Mr Fitzgerald, who worked in the lighting section of Dublin City Council, was shot dead at his flat at Annamoe Terrace, Cabra, Dublin.
The evidence was that a gunman positioned on a roof had fired three shots through the bathroom window, breaking it.
A further three shots were then fired through the broken glass, the jury had heard.
The evidence was that the gunman nicked his hand while putting it through the broken glass, leaving a minute trace of blood.
Det Insp Brendan McArdle had told the court that on examination he discovered a minute blood stain on the horizontal edge of the broken glass.
The trial heard that DNA tests were carried out on a hair taken from Mr Howe after he was involved in a car crash seven months after the killing.
Mr Howe (47), of Oakfield Place, South Circular Road, Dublin, had pleaded not guilty to the murder of Mr Fitzgerald (27) on November 14th, 2000, at his home at Annamoe Terrace.
He also denied possession of a 9 mm- calibre pistol with intent to endanger life at Annamoe Terrace on the same date.
In custody, the accused denied to gardaí that he was at the scene of the murder.
During the trial, Ms Anne Fitzgerald gave evidence that the deceased's late uncle, Mr Gerald "Concrete" Fitzgerald, was behind the killing, and there was "bad blood" between him and members of her family.
The jury heard that Mr Gerald Fitzgerald was injured in a gun attack one week before Mr Francis Fitzgerald's murder.
The deceased's girlfriend, Ms Jenny Inglis, told the court that Mr Francis Fitzgerald became "nervous" and "paranoid" after this.
The court also heard that Mr Gerald Fitzgerald was shot dead on the first anniversary of his nephew's death.
After the verdict, Ms Fitzgerald said: "I do not think there was any justice in this case. I really had faith in the system."