A man serving a life sentence for the murder of a pensioner in Co Donegal has claimed he was put under improper pressure from his lawyers to plead guilty to the crime.
Paul Lynch (22), of Bally brollaghan, Frosses, Co Donegal, yesterday asked the Court of Criminal Appeal to overturn his conviction for the murder of Mr William Campbell (77) in the course of a robbery at his home at Drumard between 3.30 p.m. on September 22nd and 10 a.m. on September 23rd, 1995.
Lynch was jailed for life in February 1997 after he pleaded guilty to the murder. After the guilty plea was entered, Mr Patrick MacEntee SC, for Lynch, said his client wanted to say he never set out with any intention to kill.
Opening Lynch's appeal against that conviction yesterday, Mr Michael Hanna SC said it was his case that Lynch never intended to plead guilty to the murder but had done so through improper pressure from counsel. In those circumstances, he was not given a free choice, his plea was not properly made and the conviction must be quashed.
In evidence Lynch said that, while in custody awaiting trial for murder, he had a number of meetings with his solicitor, Mr Dara Robinson, and his senior counsel, Mr MacEntee, and told both his intention was to plead not guilty.
His lawyers had sought and secured medical records regarding the hospital treatment of the deceased. They also arranged for him to be seen by a psychiatrist and psychologist. A defence of insanity was suggested. Lynch said he did not wish to pursue such a defence and did not believe there was any question of his being insane at the time of the incident.
At a meeting shortly before the trial, Mr MacEntee said his advice was that he should plead guilty to murder. He said Mr MacEntee also told him if he was not happy, he could seek another counsel but they would give the same advice.
Lynch said he was also told it would be easier on his family and the victim's family, and there would be less media coverage, if he pleaded guilty. "It was the way they put it all together," Lynch said. "I felt I'd no other option but to plead guilty."
He did not wish to do so but what frightened him most was the fear he would have no counsel to represent him in court. He did not recall being told he had the option to plead not guilty and let the prosecution prove its case. He said insanity was brought up a number of times and he was told this would be a better defence, but he did not wish to go for that.
In reply to Mr Patrick Gageby SC, for the DPP, Lynch agreed he had had some 14 meetings with his solicitor, four of which were attended by Mr MacEntee.
He agreed that his solicitor later told him the prosecution would not accept manslaughter and also agreed that his lawyers obtained medical records he had looked for. He agreed that Mr Robinson had taken notes at the meetings with him and counsel. He agreed that a number of possible defences had been suggested.
He disagreed that various points which he wanted his lawyers to look into had been fully dealt with.
Mr Dara Robinson told the court he first saw Lynch in February 1996. He outlined his recollection of subsequent meetings with Lynch, including some attended by Mr MacEntee. He also outlined efforts made to secure medical records regarding the case and stated the defence had requested a number of medical assessments of Lynch to establish if there might be an insanity defence.
By July 1996 he had the view it was a difficult case to meet, Mr Robinson said. It was accepted that Lynch was responsible for the acts which, in his lawyers' view, led to Mr Campbell's death. Lynch had told gardai he had hit Mr Campbell first with a saucepan, robbed him and hit him a number of other times. There was no issue regarding admissibility of his statements.
A number of possible defences, including provocation, were considered but rejected. Lynch had said he would rather serve 15 years than plead guilty but insane, Mr Robinson said. A psychiatrist had later advised there was no case for insanity.
The hearing continues today.
