by Andrew Carey
THE MAN convicted of the murder of Limerick rugby player Shane Geoghegan had his life sentence endorsed on Monday after the Court of Appeal ruled that the conviction was safe.
Barry Doyle (30) with addresses in Portland Row, Dublin and Hyde Road, Limerick failed in his bid to overturn the conviction after lodging 27 grounds for the appeal at the two day hearing.
Shane Geoghegan was returning home after watching a televised rugby match at a friend’s house on November 9, 2008 when a gunman shot him several times just yards from his house in Kilteragh, Dooradoyle.
Barry Doyle had been acting on the instructions of convicted killer and gangland figure John Dundon to murder another man, John “Pitchfork” McNamara who lived nearby but he killed Mr Geoghegan in a case of mistaken identity.
Before Doyle’s arrest, April Collins told Gardaí that she had information about serious crimes in Limerick including a murder.
She said she was with her former partner Ger Dundon the morning after Shane Geoghegan’s murder when they met Ger’s brother John and Barry Doyle in a pub car park in Limerick. John Dundon became angry when he asked Doyle to describe the man he shot after it emerged the wrong man was killed.
Barry Doyle was implicated in her statement and was arrested wearing a bulletproof vest at his Limerick address.
Following a retrial, he was given the mandatory life sentence by Mr Justice Garrett Sheehan on February 16, 2012.
In his submission to the three judge Court of Appeal in Dublin, the 30-year-old father of one claimed that admissions made following more than a dozen Garda interviews were obtained through duress.
Martin O’Rourke SC said the welfare of Doyle’s partner and child were used against him as a “tool of psychological oppression”. He was told that his partner was being held in custody away from their sick child and that he could “do something about that”.
During his 15th interview in Garda custody, he admitted that he shot Mr Geoghegan in a case of mistaken identity.
Mr O’Rourke also submitted that Doyle’s admissions were made without him having reasonable access to legal advice and when he decided to forgo his right to silence.
Tom O’Connell SC, for the Director of Public Prosecutions, said the legitimacy of the arrest of Doyle’s partner was not raised during the trial and he confessed to the murder because “his conscience was engaged”.
President of the Court of Appeal Mr Justice Seán Ryan, who was sitting with Mr Justice George Birmingham and Mr Justice John Edwards, said the appellant’s advisors legitimately advanced every ground of the objection in defending their client.
The judges concluded that Doyle had engaged with his solicitor before the 15th interview and that all parties were aware of deals and counter offers made.
They also agreed with the trial judge’s ruling to exclude the records of telephone calls between April Collins and her Garda liaison offocer Detective Garda James Hourihane as they were irrelevant to the case.
“All of their extensive submissions were fully ventilated and carefully considered by the trial judge. The many issues were re-visited in a hearing in this court that occupied two full days of oral argument and which were also explored in comprehensive submissions that were of great assistance to the court.
Mr Justice Ryan said the court was satisfied that none of the grounds of appeal could succeed.
“The trial was satisfactory and the conviction of Mr Doyle was safe”, he concluded.
Shane Geoghegan’s mother Mary and brother Anthony were present at the Criminal Courts of Justice in Dublin this Monday to hear the ruling.
Barry Doyle gave no reaction when the judgement was handed down and saluted family members in the courtroom as he was led away.
