High Court refuses release for man who killed Garda in Tallanstown

Sgt Patrick Morrissey RIP

A man who has spent almost three decades in jail for the murder of a Garda sergeant in Tallanstown has lost a High Court action aimed at securing his immediate release from prison.

The action was brought by Michael McHugh, who shot dead Sgt Patrick Morrissey following an armed robbery in Co Louth in 1985.

McHugh, with an address at Clonalig, Crossmaglen, Co Armagh and Noel Callan, formerly of Cullaville, Castleblayney, Co Monaghan were convicted by the non-jury Special Criminal Court in December 1985 of the murder of Sgt Morrissey (49) at Rathbrist, Tallanstown, on June 27th, 1985 following an armed robbery at Ardee Labour Exchange.

Sgt Morrissey was initially wounded by McHugh, before he shot the unarmed garda in the head.

McHugh was initially sentenced to death for the murder. The sentence was commuted to one of 40 years penal servitude by the then president Patrick Hillery, seven days before the execution was scheduled to be carried out.

In proceedings against the Governor of the Prison, the Minister for Justice, the Irish Prison Service and the DPP McHugh claimed when the 25 per cent remission generally granted to incarcerated persons is taken into account he is due for release after 30 years, which he says he has served.

He argued he was not given credit for five months he spent in custody, between July 3rd and December 3rd 1985, before his trial for the garda’s murder concluded and should be released immediately.

In his judgment Mr Justice Paul McDermott dismissed McHugh’s case stating under the separation of powers the court could not compel the Minister for Justice to further commute or remit the sentence.

In this case the commutation of McHugh’s sentence was wholly separate from the judicial process, the judge said.

Unlike the President of Ireland and the Minister for Justice, who have a very wide discretion in such matters, the courts have no function in exercising powers of pardon commutation or remission.

The judge also found there was “no legal basis” for the proposition that a failure by a court or the executive to backdate a sentence imposes an obligation on the Minister to consider or grant a further reduction of a sentence.

The judge said the Minister has the discretion to consider McHugh’s application to be given credit for the five months in custody, but is not obliged to do so.

The Minister was also entitled to take other considerations into account such as “the grievous nature of the offence. when considering such applications.

The judge added there was “no evidence” in this case the Minister’s failure to further commute the sentence by five months could be described as being arbitrary, capricious or irrational.

McHugh has served his sentence at the maximum security Portlaoise Prison, and is due for release in December. However he has a separate, but related action also aimed at securing his release pending before the High Court.

He had sought various orders and declarations including he is entitled to be credited with the time he served in pre-trial custody.

McHugh further claimed the failure to give him credit for those five months he spent in prison amounts to a breach of his rights to natural and constitutional justice.

His application was opposed by the State parties, on grounds including McHugh does not have an automatic entitlement to be given credit for the five months in question. They also argued they do not have the power to take the five months into account as the original court sentence imposed was the death penalty.

Source: The Irish Times

Judge tells jury not to draw “any inference” from defendent’s no-show in court

Vesel Jahiri (33), of Louth Village, Dundalk was absent from court today

A jury in the trial of a local man accused of stabbing his former partner has been told they must not draw any inference from his absence from court today.

Vesel Jahiri, of Louth Village, Dundalk but originally from Kosovo, has pleaded not guilty to murdering Anna Finnegan at Allendale Glen, Clonsilla in Dublin on the 21 of September 2012.

Mr Jahiri has also pleaded not guilty to assault causing harm on Ms Finnegan’s brother, Karl, on the same date.

The Central Criminal Court has previously heard how Anna Finnegan and Mr Jahiri had been in a ten-year relationship that had ‘deteriorated dramatically’.

They had two young children together and ‘access had become more than a thorny subject’.

Mr Justice Paul McDermott presiding told the jury of six men and four women that the trial cannot continue for the moment.

“As is clear, Mr Jahiri is not here this morning and so the trial cannot continue at the moment,” said Mr Justice McDermott.

“We are going to have that rectified and proceed with the trial tomorrow. All of the evidence has been heard.”

“What you must not do is draw any inference from the absence of the accused.”

Source: Irish Independent

Murder accused claims he first heard of partner’s death on the news

Vesel Jahiri (33), of Louth Village, Dundalk

The jury in the trial of a local man accused of stabbing his former partner has heard that he first learned of her death on the radio news.

Vesel Jahiri, of Louth Village, Dundalk but originally from Kosovo, has pleaded not guilty to murdering Anna Finnegan at Allendale Glen, Clonsilla in Dublin on the 21 of September 2012.

Mr Jahiri has also pleaded not guilty to assault causing harm on Ms Finnegan’s brother, Karl, on the same date.

The Central Criminal Court has previously heard how Anna Finnegan and Mr Jahiri had been in a ten-year relationship that had ‘deteriorated dramatically’.

They had two young children together and ‘access had become more than a thorny subject’.

Under cross-examination by Mr Patrick Marrinan SC prosecuting today, Mr Jahiri was asked when he first heard Anna was dead.

“The next day I was driving in the car in the morning. The news did say what happened. An incident had happened that night and Anna had died. It was a big shock.”

When asked about the events that took place in Allondale Glen on the 21 of September, Mr Jahiri said he was ‘upset’.

The prosecution asked the accused “what was your purpose when you broke down the door?”

Mr Jahiri answered, “they bullied Anna so many times. I didn’t know Karl was going to be there”.

Mr Marrinan said “I have to suggest to you that you stabbed Anna for whatever reason in a fit of anger” to which the accused replied “I didn’t”.

The trial continues this afternoon before a jury of six men and four women with Mr Justice Paul McDermott presiding.

Source: Irish Independent

Knives in murder trial were not forensically examined, court hears

Vesel Jahiri (33), of Louth Village, Dundalk

A murder trial heard yesterday that two knives found at the scene were not forensically examined despite claims by the accused that more than one knife was involved in the fatal incident.

Vesel Jahiri, of Louth Village, Dundalk but originally from Kosovo, has pleaded not guilty to murdering Anna Finnegan at Allendale Glen, Clonsilla, Dublin 15 on September 21 2012.

Mr Jahiri has also pleaded not guilty to assault causing harm on Anna Finnegan’s brother, Karl, on the same date.

The Central Criminal Court has heard how Ms Finnegan and Mr Jahiri had been in a ten year relationship that had “deteriorated dramatically”. They had two young children together and “access had become more than a thorny subject”.

Karl Finnegan has given evidence that having put the children to bed upstairs, Anna and he were having tea in her kitchen when Mr Jahiri allegedly burst through the door and came bounding down the hallway with a knife in his hand.

An altercation took place, the court heard, in which Mr Finnegan was stabbed in the chest and head while Anna Finnegan fled in distress, screaming. She ran outside to get help from a neighbour but collapsed on the roadside shortly afterwards.

Mr Jahiri claims Karl Finnegan produced the knives and Anna was fatally injured while trying to stop her brother from stabbing him.

Yesterday Dr Hilary Clarke of the Garda Technical Bureau, told the court that Anna Finnegan’s DNA was obtained from a blood stain on the tip of a knife exhibited in the trial as the knife which fatally wounded her.

There was some damage to the knife, Ms Clarke said. The blade was slightly bent and a small piece was broken off from the tip.

She said there were numerous blood stains in the house and driveway as well as in the driveway of the house next door but all blood examined at the scene appeared to belong to Karl Finnegan.

Under cross examination from defence counsel Brendan Grehan SC, investigating Detective Garda James O’Hora, confirmed that two knives found in Anna Finnegan’s kitchen sink were not subjected to any fingerprint or forensic analyses.

When asked if he had told Ms Clarke, of the garda technical bureau, that Mr Jahiri was maintaining that there were two knives involved in the incident, the detective said he didn’t brief her on the circumstances.

When asked why it appeared to be the case that each investigating garda didn’t date their statements, Det O’Hora said he would not call it a coincidence.

He said it wasn’t his practice at the time to date statements but he would certainly do so from now on.

On Wednesday the court heard from Detective Garda James Cunningham, from the fingerprints section, who said he examined the knife on which Anna Finnegan’s blood was found

Det Cunningham said he had no doubt that a fingerprint on the blade of the knife was made by Mr Jahiri’s left forefinger but there was nothing at all on the handle, not even a smudge.

Giving evidence, Det O’Hora said the knife on which Anna Finnegan’s blood was found was brought by the accused to Cabra garda station when he was first arrested. It had been held under lock and key at all times ever since and had been available to the defence for inspection, the detective said.

Arising from this evidence, Mr Grehan said there was was no way the gardaí would allow an item such as that to go out of their possession until they conducted their own examinations.

“I have to put it to you,” Mr Grehan said to the detective, “that you must have wiped the handle clean” of any fingerprints “including those of Karl Finnegan”.

Detective O’Hora said “no judge that’s not correct nobody interfered with the knife while it was in my possession.”

The case resumes on June 19 before a jury of six men and four women with Mr Justice Paul McDermott presiding.

Source: Irish Independent

Victim’s brother describes knife that Louth Village man allegedly used to stab her

Vesel Jahiri (33), of Louth Village, Dundalk

A witness in the trial of a man accused of murder has described a knife that was allegedly used to stab him moments before his sister fled the scene screaming.

Vesel Jahiri, of Louth Village, Dundalk but originally from Kosovo, has pleaded not guilty to murdering Anna Finnegan at Allendale Glen, Clonsilla, Dublin 15 on September 21 2012.

Mr Jahiri (33) old has also pleaded not guilty to assault causing harm on Anna Finnegan’s brother, Karl, on the same date.

Upon the Central Criminal Court trial’s opening, prosecuting counsel Patrick Marrinan SC, told jurors that Ms Finnegan and Mr Jahiri had been in a ten year relationship that had “deteriorated dramatically”. They had two young children together and “access had become more than a thorny subject.”

Karl Finnegan gave evidence on Friday that he was having tea with Anna in her home when Mr Jahiri allegedly burst through the door and came down the hallway with a knife in his hand.

An altercation took place, the court heard, in which Mr Finnegan was stabbed in the chest and head while Anna Finnegan fled in distress, screaming. She ran outside to get help from a neighbour but collapsed on the roadside shortly afterwards.

Under cross examination from defence counsel, Brendan Grehan SC today, Mr Finnegan said he knew Anna had told Mr Jahiri to drop money down to the house on September 21 2012.

Mr Grehan put it to him that in or around late August, early September, Mr Jahiri got the impression that Anna Finnegan’s cousin and sister were trying to have him killed. Mr Finnegan’s response was that he wasn’t aware of that.

Mr Finnegan said he was aware of Mr Jahiri’s version of events, that the accused, Mr Jahiri, did not bring any knife to the house but Karl Finnegan produced two knives. The witness was then asked to confirm passages of statements he made to gardaí regarding the events of September 21 2012.

Mr Finnegan had described to gardaí, he confirmed, the knife that was allegedly in Mr Jahiri’s hand when he burst though the door of Anna’s home. He told gardaí it had a wooden handle with rivets, he confirmed.

Mr Grehan asked the witness how he could have known the knife had a wooden handle with rivets if it had been in Mr Jahiri’s hand at all times to which Mr Finnegan replied, “I suppose I recognised the type of knife”.

Mr Finnegan said he understood Mr Grehan when the barrister put it to him that he could not possibly have said it was the knife that was in Mr Jahiri’s hand unless he had seen the knife before.

Mr Finnegan also agreed with defence counsel that in 2014, he made a statement to gardaí in which he gave a “big long account why it wasn’t a knife you had ever seen” in his sister’s house.

He denied it had become important for him to be clear that Mr Jahiri had the knife in the hallway.

Again Mr Finnegan agreed with Mr Grehan that he made another statement to gardaí on April 15 2014, in which he gave “a big long account of all that had happened”.

When asked what prompted him to make this statement a couple of weeks before the trial, Mr Finnegan said he was invited to go to the garda station.

Mr Finnegan had told the court during evidence on Friday that Anna collapsed outside her home and before he could do anything, Mr Jahiri returned to the scene in a White Ford Focus.

Mr Jahiri put his hands on Anna and “demanded I help him put her in the car,” Mr Finnegan said.

When asked how he felt about what had happened, Mr Finnegan wondered aloud how he was supposed to feel. “The man who violently assaulted me just drove off with my sister,” he said.

The case continues today before a jury of 6 men and 5 women with Mr Justice Paul McDermott presiding.

Source: Irish Independent