A judge has denied legal aid for a third senior barrister to represent each of the Sliabh Liag murderers Alan Vial and Nikita Burns in their bid to overturn their convictions, noting he had to have “some regard to the public purse”.
Vial and Burns, a former couple, were convicted by a Central Criminal Court jury last March of murdering Robert ‘Robin’ Wilkin whose body was thrown over the cliffs in Co Donegal almost three years ago.
Vial (39), from Drumanoo Head, Killybegs and Burns (23), of Carrick, Co Donegal, had pleaded not guilty to murdering Mr Wilkin in Co Donegal on June 25th, 2023.
The trial heard the 66-year-old suffered at least two depressed fractures to his head before being put over Sliabh Liag, which ranks among Europe’s tallest sea cliffs.
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Vial’s application for legal aid was one of eight before the Court of Appeal. Mr Justice John Edwards said he had considered matters in chambers and in Vial’s case approved legal aid for two counsel.
Defence barrister James P O’Brien told the court Vial had been represented by three counsel in the trial. He said the trial had been long and involved a significant amount of disclosure and asked that three counsel also be allocated for his client’s appeal.
Mr Justice Edwards said his briefing note had been for two counsel. He questioned whether three counsel were needed, going on to say he could not recall any case in the Court of Appeal where a party had been represented by more than two barristers.
Joseph Mulrean, representing Burns, said he had a similar application to make for three counsel. Burns case was listed today for an application to extend the deadline for lodging her appeal against her conviction, which the court granted.
“What’s so complex about this case that it requires three counsel as opposed to two?” Mr Justice Edwards asked.
“If there is some reason I’m open-minded about it but simply to maintain parity with the court below is not a good reason,” said the judge, going on to note: “I do have to have some regard to the public purse.”
He said the appeal hearing would be shorter than a trial and did not involve live witnesses or live exhibits. He noted transcripts are provided, legal submissions are prepared in advance and the appeal is usually presented by one counsel.
Mr Mulrean said the case had involved a significant amount of documentary evidence and had been “extremely exhibit heavy”.
Mr Justice Edwards asked if it was the State’s intention to have three counsel for the appeal and Emmet Nolan, for the Director of Prosecutions, confirmed it was not. The judge then told the defence lawyers he would only certify for two counsel.
The Irish Coast Guard recovered Mr Wilkin’s body from the sea eight days after he was thrown from the cliffs. Due to predator damage and decomposition, State Pathologist Dr Margaret Bolster was unable to identify a cause of death.
She noted multiple fractures to Mr Wilkin’s face but could not say which had been caused by the fall from the cliff and which related to a prior assault.
However, the jury heard the two fractures to the back of his head were not consistent with a fall down a cliff, but were “entirely consistent” with injuries that could have been caused by a bloody rock found by gardaí at the top of the cliffs.
DNA testing showed blood and hairs on the rock were Mr Wilkin’s.
Each accused claimed the other used the rock to beat Mr Wilkin about the head before he was put over the cliffs.
However, the prosecution argued they were part of a joint enterprise to cause serious injury to Mr Wilkin and therefore both guilty of murder.
