The Court of Criminal Appeal has dismissed an appeal by a man against his conviction for the murder of his mother. Mrs Gertrude Dolan's decomposing body was found alongside that of her husband, possibly some 10 days after their deaths, at the family home in East Wall, Dublin.
John Francis Dolan is serving a life sentence for the murder of his mother in June 1999. He was also jailed for the manslaughter of his father, but did not appeal that conviction.
Dolan, now aged 29, of Ravendale Road, East Wall, Dublin, was found guilty by a jury at the Central Criminal Court of the murder of Mrs Dolan (56) at the family home on a date unknown between June 16th and June 19th, 1999. The jury acquitted him of murdering his father, John (71), but convicted him of manslaughter.
The trial heard that Dolan, an only child, lived in the family home with his parents and was aged 26 when their deaths occurred. His parents were retired, and his mother was in receipt of disability benefit because of ill-health.
Mr and Mrs Dolan were last seen on or around June 17th, 1999, but their bodies were not discovered until June 28th. They were found decomposing in the living-room of their home.
Among the grounds of appeal, it was submitted that the trial judge had erred in admitting into evidence the notes of an interview with and a statement made by Dolan on June 28th, 1999, while in Store Street Garda station.
It was also submitted that the trial judge had erred in failing to rule that Dolan was being detained at the Garda station at the time of the taking of the notes of the interview and the statement.
The Chief Justice, Mr Justice Keane, sitting with Mr Justice Kelly and Mr Justice Abbott, said the court was satisfied all the evidence was admissible and the trial judge was entitled to be satisfied beyond reasonable doubt that Dolan's presence in the Garda station was at all times voluntary, and no frailty was attached to any confessions he made.