Man serving life for murder has appeal dismissed
A man jailed for life for the murder of a Limerick man more than four years ago, has had his appeal against conviction dismissed.
Sean Flanagan (31), of Lenihan Avenue, Prospect, Limerick, had pleaded not guilty at the Central Criminal Court to the murder of Ger McMahon at Lenihan Avenue in January 2012.
He was found guilty by a jury and was given the mandatory life sentence by Mr Justice Garrett Sheehan on December 3, 2013.
The Central Criminal Court heard that Mr McMahon was mounting the steps to his cousin’s house when he was attacked from behind.
The Limerick man received 16 wounds to his head and body, fatally injuring his lung, liver and kidney.
The four-week trial heard that Gerard McMahon and Seán Flanagan had an ex-girlfriend in common and did not get along.
Dismissing his appeal against conviction today, Mr Justice Alan Mahon said there was nothing to suggest that Flanagan's trial was unsatisfactory.
Mr Justice Mahon said there was no evidence that the house on Lenihan Avenue was McMahon's place of residence, as had been submitted by his barrister John J Phelan SC.
The Court of Appeal was satisfied, Mr Justice Mahon said, that the gardaí were invited by the homeowner into the house and no breach of Flanagan's constitutional rights occured.
Having lawfully entered, the gardaí proceeded to interview Flanagan “with his full consent” and “apparent cooperation”, the judge said.
The trial judge's rulings were both reasonable and correct. They were made in circumstances where had had the benefit of hearing oral evidence from the gardaí, the judgment stated.
Mr Justice Mahon, who sat with Mr Justice George Birmingham and Mr Justice John Edwards, said there was nothing to suggest Flanagan's trial was unsatisfactory. The appeal was therefor dismissed.
Flanagan's uncle, Paul Colbert (49), of Lenihan Avenue, was also found guilty of murdering Mr McMahon having denied the charge.Flanagan's brother, Ian Flanagan (27), of the same address, was found guilty on two counts of assisting an offender by hiding their CCTV device. He had also pleaded not guilty.