THE COURT of Criminal Appeal has dismissed a man’s appeal against his conviction for the murder of another man, who was fatally stabbed in Dublin.
The three-judge appeal court yesterday rejected arguments that Dane Pearse’s conviction for the murder of Mark Spellman (26) at Londonbridge Road, Irishtown, on August 4th, 2007, was unsafe.
A jury at the Central Criminal Court had in November 2008 found Pearse (23), a father of one, Londonbridge Road, guilty of murdering Mr Spellman, from Dalkey. Mr Justice Paul Carney imposed a life sentence.
Moving the appeal, Brendan Grehan SC, for Pearse, argued the trial judge erred by allowing evidence from a witness in the trial, paramedic Michael Carroll, who took Pearse to St Vincent’s hospital after the incident.
Mr Carroll had in a statement to gardaí, taken several days after the incident, described Pearse as calm. Mr Carroll said Pearse had said he was attacked and had returned to the scene “to sort the guy out”.
Mr Grehan said this was different to the evidence of another paramedic, Shane Walsh, who was also in the ambulance with Pearse that night.
Mr Walsh said Pearse was agitated and repeatedly said he had been attacked and had gone back to defend himself.
During cross-examination at the trial, Mr Carroll agreed he was paraphrasing what Mr Pearse had said to him in the ambulance that night. Mr Justice Carney ruled that the conflict in the evidence was a matter for the jury to decide.
Mr Grehan argued yesterday that Mr Carroll’s evidence was far more prejudicial than probative and should not have gone before the jury. Opposing the appeal, Isobel Kennedy SC, for the Director of Public Prosecutions, disagreed.
The appeal court with Mrs Justice Susan Denham, presiding, sitting with Mr Justice Daniel Herbert and Mr Justice Frank Clarke, ruled Mr Carroll’s evidence was correctly before the jury.
Mrs Justice Denham said the differences between the evidence did not make the evidence inadmissible and there was no rule in law to rule out paraphrasing.
Mr Spellman and two friends were walking home after a night out when Mr Spellman became involved with Pearse, who was heading home from the pub with his girlfriend.
A confrontation took place after which Pearse ran into his house nearby and armed himself with an ornamental knife and a baton as Mr Spellman continued his walk home.
Pearse ran around a corner waving the weapons and attacked Mr Spellman. The two came together and fell through a gate into a garden. They scuffled and Mr Spellman suffered two stab wounds.
Pearse left the scene and later told gardaí he had meant only to frighten Mr Spellman.