A MOYROSS man who is serving a life sentence for murdering nightclub bouncer Brian Fitzgerald more than a decade ago has begun an appeal against his conviction.
Gary Campion, aged 32, who has an address at Pineview Gardens was convicted in November 2007 over his role in the killing of the 34-year-old father of two.
Mr Fitzgerald was shot by hitman James Martin Cahill (40) outside his home at Brookhaven Walk, Mill Road, Corbally in the early hours of November 29, 2002.
Mr Fitzgerald had been working as the head of security at Doc’s niteclub at the time of the murder - a crime which shocked the country.
During a lengthy trial at Cloverhill Courthouse, the Central Criminal Court heard that Campion was the driver of the motorbike used by Cahill to flee the scene of the shooting.
Opening the appeal yesterday, Martin O’Rourke SC, submitted the original trial judge was “fundamentally in error” when he refused a defence application to have Cahill assessed by a psychiatrist.Cahill, who admitted he had been paid €10,000 to shoot Mr Fitzgerald, was the key prosecution witness in the trial of Mr Campion and three other men.
In his evidence during the trial, he said he was hearing screaming and voices in his head and that they only went away when he told the truth about the things he had done in his life.
Mr O’Rourke said a medical examination of Cahill should have been facilitated to establish whether or not he suffered from any mental health issues and that the failure to order such an examination put his client at a disadvantage. He said the originally trial judge had erred in law by allowing the trial to proceed in the absence of medical evidence,
The appeal, which is being heard before Mr Justice Sean Ryan, presiding, sitting with Mr Justice George Birmingham and Mr Justice Garrett Sheehan is continuing at the Court of Appeal.