Appeal court will not hear expert evidence
Friday, 9 February 2007 15:24A Co Galway man has been told he cannot bring in additional expert evidence in his appeal against his conviction for the rape and murder of a schoolgirl almost ten years ago.
John McDonagh, 33, a builder's labourer from The Demesne, Keeraunbeg in Carraroe, is challenging his conviction for the rape and murder of 17-year-old Siobhan Hynes in December 1998.
He was sentenced to life in prison in 2001 after a 28-day trial.
McDonagh had sought permission from the Court of Criminal Appeal to bring in a number of additional grounds of appeal.
His lawyers claimed they had a new report from an expert forensic scientist challenging expert evidence at the original trial that Siobhan Hynes had been in McDonagh's car on the night she disappeared.
His lawyers claimed the new report showed fibres from Ms Hynes' clothing could have been in the car through 'secondary transfer'.
The Court of Criminal Appeal said the defence team at the time had access to a report which raised this possibility but chose not to call the expert witness or cross-examine on her findings.
McDonagh also wanted to appeal on the basis that there was no written record of evidence given in Irish at the trial but this ground was also rejected.
The appeal hearing is due to begin later today.
