A Co Galway man has lost on all grounds his appeal against his conviction for the murder and rape of a schoolgirl whose body was found on a remote Connemara beach.
The body of Siobhan Hynes (17) was found at Tismeain beach, half a mile from the home of John "Demesne" McDonagh in the early hours of December 6th, 1998. At his trial, the prosecution alleged that McDonagh had earlier raped Ms Hynes with an object, possibly in a field, and had then brought her body, although it was unclear whether she was conscious or unconscious, to the beach and left her there to drown when the tide came in.
The question of whether there could be any other reasonable explanation for bringing Ms Hynes to the beach, other than because there was an intention to cause her death, was a legitimate question for the jury to consider, Mr Justice Hugh Geoghegan said. The appeal court considered it was very difficult to draw another explanation other than intention to effect death, he said.
McDonagh (33), a builder's labourer, of The Demesne, Keeraunbeg, Carraroe, was jailed for life in 2001 after he was found guilty of murder and rape, with an object, of Ms Hynes, of Sconse, Lettermore, Connemara.
He appealed against his conviction on 13 grounds, all of which were dismissed yesterday after a two-day hearing by the three-judge Court of Criminal Appeal.
After judgment was given, Tim O'Leary SC, for McDonagh, said his side would consider whether to seek a certificate from the court as to whether the judgment raised a point of law of exceptional public importance that needed to be decided by the Supreme Court.
Giving the appeal court's judgment yesterday, Mr Justice Geoghegan said the central ground of appeal was that the trial judge should not have permitted the murder charge to go to the jury because, it was submitted, there was insufficient evidence on which a verdict of murder could be safely arrived at. It was contended that the trial judge should, at the close of the prosecution case, have directed the jury to acquit McDonagh.
However, having considered all the evidence, the appeal court had concluded there was "ample" evidence to allow the murder charge go to the jury, having regard to the chain of facts in the case and much circumstantial evidence.
This was "peculiarly and essentially" a jury matter and the court could find no fault with the conviction, Mr Justice Geoghegan said.
The judge noted the circumstantial evidence in the case included forensic evidence indicating a connection between fibres on clothing worn by Ms Hynes and clothing worn by McDonagh. This evidence was fundamental to the case, he said.
The judge said the question of whether there could be another reasonable explanation for bringing Ms Hynes's live body to the beach, other than because there was an intention to cause her death, was an absolutely key question for the jury to consider.
