Brian Kearney, who was convicted of murdering his wife, Siobhan, in February 2006, has failed in his attempt to appeal to the Supreme Court on an issue of exceptional public importance.
The Court of Criminal Appeal refused to issue a certificate that the issue he raised was one of such importance, which would have permitted it to be discussed by the Supreme Court.
He had already failed in an earlier appeal to the same court when he argued that the trial judge had been wrong to admit some of the circumstantial evidence against him.
He then sought a certificate that he should be allowed appeal to the Supreme Court on the basis that the court was wrong to admit evidence of the existence of a diary belonging to his wife. While the contents of the diary were not discussed during the trial, its existence was brought in to support evidence that she had been seeking a separation from her husband. Her solicitor had given evidence he advised her to keep a diary.
The court concluded that the question was "very specific to the circumstances of this case" and did not raise an issue of law of general application.