A LIMERICK man jailed for killing a retired 71-year-old soldier at his home in March 2011 has lost his bid to overturn the murder conviction.
The ruling means that Christopher McCarthy (24) of Good Shepherd Villas, Pennywell, will remain serving the mandatory life sentence he was given in 2014 for murdering James Boyce at St Munchin Street, St Mary’s Park in Limerick sometime between March 6 and March 7, 2011.
The original trial heard that he confessed the killing to his mother.
The 24-year-old and the retired soldier were friendly with McNamara often helping out the elderly pensioner by lighting his fires and helping him with regular daily tasks.
During the trial, the defence had asked that a manslaughter verdict be considered but the Central Criminal Court jury found McNamara unanimously guilty of murder after they deliberated for an hour-and-a-half.
The State put forward the case that McNamara was involved in a robbery that went wrong as the pensioner kept his savings in the house.
The retired pensioner died after he had been struck with a long striking edge during an assault.
Mr Justice George Birmingham said that while the trial judge briefly dealt with the definitions of manslaughter and murder, he did so accurately as the trial had not thrown up any issues of any great complexity.
“Having the jury focus on the ingredients of the offence of murder, the judge properly equipped the jury to decided whether to return the alternative verdict of manslaughter,” Mr Justice Birmingham said in his ruling.
Therefore, it was the court’s finding that the application should be dismissed.
