Daughter asks court not to allow killer of father to appeal conviction

Judge says Gillian Kenny described impact of crime on family ‘in very powerful terms’

Mr Justice Birmingham said the grounds of appeal that had been lodged had little chance of success.

Mr Justice Birmingham said the grounds of appeal that had been lodged had little chance of success.

 

The daughter of a publican who was killed during a burglary has asked the Court of Appeal not to allow her father’s killer to appeal his conviction.

The three-judge court refused on Thursday to allow Marian Lingurar Jnr (26) leave to appeal after considering the impact fresh court proceedings would have on the victim’s family ten years after the killing, and finding that the appeal had little chance of success.

The court will, however, allow Lingurar to appeal his nine-year prison sentence.

Lingurar, a Romanian national with former addresses in Loughgeorge, Claregalway, and Blackpool, Cork, was found guilty by a jury in 2019 of the manslaughter of John Kenny (56), at Kenny’s pub in Oughterard, Co Galway on September 25th, 2011.

In the judgement, president of the Court of Appeal Mr Justice George Birmingham said Mr Kenny’s daughter, Gillian Kenny, had described “in very powerful terms the impact that the killing of their father has had on the Kenny family and how difficult they have found the very lengthy criminal process.”

Following the burglary and killing in 2011, Lingurar broke his bail conditions, fled Ireland and returned under a false name, resulting in his trial being delayed until 2019. A mix-up then resulted in his appeal not being lodged within the required time.

Ms Kenny, the judge noted, had said in an affidavit filed to the court that any progress made to date was undone when the family learned of the late application for appeal.

Mr Justice Birmingham said the grounds of appeal that had been lodged had little chance of success. The interests of justice, he said, are therefore best served by refusing the application to appeal the conviction.