A man jailed for life for the murder of another man in Kilkenny city has lost his appeal against conviction.
At his trial before the Central Criminal Court, James O'Keeffe (23), Knockbrack, Kilree, Stoneyford, Co Kilkenny, had pleaded not guilty to the murder of Mr Simon Hoyne (30), Reimeen, Tullaroan, Co Kilkenny, on June 3rd, 2001.
In April 2003, a jury returned a unanimous guilty verdict.
The trial was told O'Keeffe had beaten and kicked Mr Hoyne to death at St John's Bridge, Kilkenny, as he returned home from a night out in the city. The assault occurred over the June bank holiday weekend.
Gardaí had testified that they came on the scene towards the end of the attack and O'Keeffe was arrested shortly afterwards.
The three-judge Court of Criminal Appeal was told yesterday that there was one ground of appeal advanced on O'Keeffe's behalf. It was submitted that the trial judge had erred in failing to allow the defence of provocation to go to the jury.
The appeal was opposed by counsel for the Director of Public Prosecutions.
Giving the judgment of the Court of Criminal Appeal, the Chief Justice, Mr Justice Keane, presiding, and sitting with Mr Justice Butler and Mr Justice Peart, said the charge of the trial judge was entirely correct and the court would dismiss the appeal.