Man who shot and killed juggler has appeal dismissed
A man jailed for life for the murder of a French musician and juggler in Bray seven years ago has had an appeal against his conviction dismissed.
Declan Sheridan (29), of Sugarloaf View, Sea Road, Kilcoole, had pleaded not guilty to the murder of French man Charles Sinapayen at Richmond Hill, Fassaroe, in Bray in the early hours of May 29 2009.
The 33-year-old musician and juggler by trade, who was originally from Bordeaux, was shot through the window of the apartment he shared with his girlfriend Mary Kinlan. The Central Criminal Court trial of Sheridan and his co-accused heard that there was no known motive for the murder.
Sheridan, along with his co-accused, was unanimously found guilty of Mr Sinapayen's murder and he was given the mandatory life sentence by Mr Justice Paul Carney on June 17, 2011.
He had moved to appeal his conviction yesterday on the principle ground that the jury should not have been permitted to hear evidence of an informal identification procedure which took place in Shankill garda station while Sheridan was in custody.
Dismissing his appeal yesterday afternoon, Mr Justice George Birmingham said the investigating gardaí were entitled to see if their witness was in a position to make an identification.
Once Sheridan refused to participate in a formal procedure, the only option was some some sort of informal procedure.
The court heard that Sheridan was brought out into the yard of the station along with a number of volunteers. The garda's witness was inside a garda van and could see out into the yard but couldn't be seen by persons from the yard.
He identified Sheridan as a person he had driven to the scene of the shooting and from a graveyard after the shooting to a halting site in Shankill.
Mr Justice Birmingham said there were certain advantages to to the procedure adopted.
The volunteers had their photos and details taken by the gardaí which meant the judge and jury could assess how satisfactory the procedure was.
Mr Justice Birmingham, who sat with Mr Justice Alan Mahon and Mr Justice Paul Butler, said nothing that occurred was in any way unfair or improper. Sheridan's appeal was therefor dismissed.