Man who violently stabbed flatmate at Limerick apartment launches appeal

A MAN who violently stabbed his flatmate at an apartment in Limerick city, while experiencing an acute psychotic episode, has appealed his conviction claiming an alleged admission he made to a garda was not read over to him nor signed by him.

Jean Louis Fancony, aged 39, formerly of Riverpoint Apartments, Bishop's Quay, Limerick, was convicted by a jury in November 2020 of assault causing serious harm to his then 33-year-old victim on July 22, 2019.

Fancony had pleaded not guilty, claiming he was defending himself.

Imposing a seven and-a-half year prison sentence at Limerick Circuit Criminal Court in February 2021, Judge Tom O’Donnell said the victim had sustained "appalling injuries" as a result of the attack.

Prison term for man who violently stabbed flatmate at Limerick apartment complex

Detective Garda Colum O’Shea told the court the incident happened at an apartment the pair shared in the city centre at around 3.30pm.

The court heard the French national, who had lost his job a number of months earlier, had been acting strangely on the day and that he stabbed the victim several times with a large bread knife.
 
Det Garda O’Shea told the jury the alarm was raised by a passer-by who described how the victim had his intestines “in his hand” when he made it to the street.

At the court of appeal this Thursday, James Dwyer SC, for Fancony, said the trial heard from Garda Enda Clifford who took a note when the appellant was arrested on the street.

There was evidence that Fancony had said he "met with destiny today" and that he "knifed the Irish guy".

Mr Dwyer said that Garda Clifford had told the trial that "he [Fancony] said he knifed the Irish guy because he was a Satanist and that after 35 years he had met with destiny".

The barrister said the defence (in the trial) had objected to the use of the note as it had not been read back to Fancony by gardaí and was not signed by the appellant. He further submitted the note was uncorroborated by other gardaí at the scene of the arrest who told the trial they could not recall the note.

Mr Dwyer said that gardaí had told the trial that Fancony was arrested and detained at a Limerick garda station but was then transferred to hospital due to his mental state.

His transfer occurred on the advice of a doctor called to the station by gardaí on the recommendation of a French-speaking Benedictine monk with whom Fancony had asked to speak.

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Counsel said that the events of the night meant that Fancony had not been afforded the opportunity to have the alleged admission put to him and signed, "which fatally undermined the fairness of the conviction".

In his submission, Mr Dwyer described the notebook as a "radical piece of evidence" and pointed out that Fancony was cogent enough on the night to sign the station's custody book.

He said the defence case was run on the basis of self-defence and that the note referencing a "35-year destiny destroyed the spontaneity required for a self-defence argument".

John O’Sullivan BL, for the State, told the three-judge court that the trial judge had delivered a "considered, detailed and reasoned ruling" on legal argument when deciding the notebook was admissible.

Mr O'Sullivan said it was within the trial judge's discretion to do so and that there was an abundance of case law authorities governing the decision.

Mr O'Sullivan noted the trial judge said in his ruling that he had been "fully satisfied and informed" of all of the factual circumstances surrounding the arrest and that the victim had been fully cross-examined on Fancony's claim of self-defence.

The barrister said there was ambiguity regarding the contents of the notebook and that claims regarding 35 years, destiny and satanism were still open to interpretation.

Mr Justice George Birmingham, presiding, said the court would reserve judgement in the matter.

The victim, who underwent life-saving surgery following the attack, told the original trial of how he still finds it “hard to comprehend” what happened and how it is heartbreaking not being able to do a lot of things he used to do before he was stabbed.

“It is a life sentence for me. I am now fearful and worried of what the future holds,” he said.

Judge O’Donnell said the victim had sustained horrific injuries and that he was “extremely lucky to be alive”.