Date set for Brian Rattigan retrial on murder charge

Dublin man accused of killing Declan Gavin outside fast food restaurant 17 years ago

Brian Rattigan: accused of the murder of Declan Gavin. Photograph:  Garrett White/Collins Court

Brian Rattigan: accused of the murder of Declan Gavin. Photograph: Garrett White/Collins Court

 

Brian Rattigan’s retrial on a charge of murdering a man outside a fast food restaurant in Dublin 17 years ago will take place early next year.

Mr Rattigan (37) of Cooley Road, Drimnagh, Dublin is charged with the murder of Declan Gavin (21) who was stabbed outside Abrakebabra in the Crumlin Shopping Centre on August 25th, 2001.

On Monday at the Central Criminal Court, Mr Justice Patrick McCarthy set a trial date of January 14th, 2019.

The trial is expected to last up to six weeks.

The Supreme Court directed a retrial earlier this month.

In December the Supreme Court, by a three to two majority, overturned Rattigan’s 2009 conviction for the murder of Declan Gavin,

In seeking a retrial on the murder charge, Pauline Walley SC, for the Director of Public Prosecutions, said the director had conducted a review of the matter and considered there should be a retrial.

Brendan Grehan SC, for Rattigan, argued a retrial would be unfair on grounds including lapse of time and alleged prejudicial publicity.

Rattigan, who denies murdering Mr Gavin, remains in jail on foot of his conviction in 2013 for drug dealing while in custody.