A young man serving a life sentence for murder was not told by his lawyers he had no option but to plead guilty, his former solicitor told the Court of Criminal Appeal yesterday.
Mr Dara Robinson, solicitor, said every possible option available to Paul Lynch was explored and explained, including the simple option of putting the prosecution on proof of the murder charge. He said Mr Patrick MacEntee SC, who represented Lynch, had taken enormous pains with him because of his youth and the gravity of the offence. After he pleaded guilty, Lynch signed a memorandum that his plea was made on a voluntary basis. There was no suggestion for some time that he wanted to abandon that plea.
Mr Robinson was giving evidence on the second day of an appeal by Lynch (22), of Ballybrollaghan, Frosses, Co Donegal, against his conviction for the murder of Mr William Campbell (77) during a robbery at his home at Drumard, Co Donegal, between 3.30 p.m. on September 22nd and 10 a.m. on September 23rd, 1995.
Lynch was jailed for life in February 1997 after he pleaded guilty. He has asked the Court of Criminal Appeal to overturn the conviction because, he claims, he was put under improper pressure by his lawyers to plead guilty.
Mr Patrick Gageby SC, for the DPP, said Mr Campbell died from complications due to multiple head injuries inflicted by an enamel saucepan wielded by Lynch. There were 18 wounds to the head.
Ms Barbara Lynch, a sister of the appellant, said she received a telephone call from Mr Robinson in January 1997 asking her if she would get her mother to persuade her brother to plead guilty to murder. Mr Robinson had talked generally about the case and asked her why she thought the killing had happened.
Mr Robinson denied he had asked Ms Lynch to get her mother to persuade Lynch to plead guilty. He spoke to Lynch's sisters because he was profoundly concerned that Lynch was not telling them the full reason for the assault and there might be something in the background like a history of instability or sexuality.
He said Lynch's mother had made complaints about alleged discrepancies in the book of evidence. Mrs Lynch found it difficult to accept her son was guilty of wrongdoing and could not perceive him as a killer.
He said there was a consultation involving himself, Lynch and Mr MacEntee on February 7th, 1997, three days before Lynch's trial. Lynch was told that on a not-guilty plea he would have to give evidence and convince a jury that he had not intended to cause serious injury to Mr Campbell. Mr MacEntee had advised him he had no defence.
Mr MacEntee had said a formula might be agreed with the prosecution in the context of a guilty plea where it would be stated that there was no plan to kill Mr Campbell but only to rob him and Lynch accepted the assault was likely to lead to serious injury or death.
He said Mrs Lynch came in at that point and was told her son had decided to plead guilty. She was anxious to state that her son had caused a public apology for the death of Mr Campbell to be read out to the local community. She expressed no dissent to what her son had agreed to.
Cross-examined by Mr Nicholas Hanna QC, for Lynch, Mr Robinson said Lynch had agreed to plead guilty on February 7th, 1997. Before that he had expressed a desire to plead not guilty. There was, on the face of it, an overwhelming case against him.
After a meeting on January 27th at which Lynch was not present, Mr MacEntee said he might have to advise a guilty plea but also directed that a psychologist should examine Lynch. This was a last desperate attempt to turn up something which could be a defence, but it yielded nothing.
The hearing continues today.
