AN appeal taken by the man who shot rugby player Shane Geoghegan more than six years ago is set to resume later this week.
Barry Doyle, aged 29, who has addresses in Ballinacurra Weston and Portland Row in Dublin was sentenced to life imprisonment three years ago this week after he was convicted of murdering Mr Geoghegan in November 2008.
During the lengthy trial, a jury at the Central court heard that Doyle admitted during garda interviews that he shot Mr Geoghegan in a case of mistaken identity.
Another man - John Dundon, aged 31, of Hyde Road, Prospect is also serving a life sentence after he was found guilty by the non-jury Special Criminal Court of ordering the murder.
Last week, Barry Doyle’s bid to have his conviction overturned opened at the Court of Appeal.
Martin O’Rourke SC, representing Doyle submitted the admissions his client made (to gardai) should not have been used as evidence during the trial because they were obtained in a “non-voluntary” manner as a result of threats and inducements and psychological oppression by gardai.
The admissions, he submitted, were also made by Doyle without him having reasonable access to legal advice.
The Court heard Doyle’s 14th interview with gardaí began with a request for a solicitor but proceeded without one being made available.
There were several further requests during the the interview but further psychological pressure was applied, Mr O’Rourke said.
By the end of the interview, Doyle had determined to forgo his right to silence and all the the solicitor did, when he arrived, was broker that, counsel said.
The decision to tell them what they wanted had been made by Doyle when he said “I’ll answer your question after I speak to my solicitor” Mr O’Rourke said adding that the admissions were first made during the 15th interview.
The appeal will be mentioned again this morning.