TWO Limerick cousins who are serving life sentences following a double murder in Southill more than four years ago will today seek to have their convictions overturned.
Throughout a lengthy trial at the Central Criminal Court, Thomas Stewart, aged 31, who has an address at The Cedars, Briarfield, Castletroy and Patrick O’Brien, aged 35, of Glanntan, Golf Links Road, Castletroy had pleaded not guilty to murdering Des Kelly and Breda Waters on January 9, 2011.
Mr Kelly, 23, and Ms Waters, 28, died after they were shot at Mr Kelly’s terraced home in O’Malley Park where they had been socialising the previous night.
It was the prosecution case throughout the 13-day trial that both men had committed the murders shortly before 9am on the day of the fatal shootings in what was described as a case of “common Enterprise”.
During the trial, a jury heard medical evidence that Mr Kelly, who had three young children, died from a shotgun wound to the head while Ms Waters died after she was shot in the neck.
The jury of six men and six women was told the body of Mr Kelly was found near the back door in the kitchen of the house and that the body of Ms Waters – a mother-of-three from St Mary’s Park – was found in an upstairs bedroom.
During the trial the jurors were shown a large amount of CCTV from across the city.
Both Mr O’Brien and Mr Stewart were sentenced to life imprisonment in October 2012 after the jury returned unanimous guilty verdicts.
Today, at the Criminal Courts of Justice in Dublin, lawyers representing each of the defendants will separately outline the grounds of their respective appeals to the three-judge court.
The appeal, which is due to be heard by Mr Justice Sean Ryan, Mr Justice Garrett Sheehan and Mr Justice Edwards, has been listed to last the full day.
It is expected the decision of the court will not be known for a number of weeks.