One of the boys convicted of the murder of schoolgirl Ana Kriegel is seeking to present new evidence in his upcoming appeal and wants to challenge his ability to accept matters that have not gone to trial, the Court of Appeals. adjudicated this morning.
rendan Grehan SC for the Director of Public Prosecutions (DPP) told the Court of Appeals today that the State received submissions on behalf of Boy B last week and anticipates that the application for “enlargement of grounds” and referral by new evidence will be objected.
The 17-year-old, known in court as Boy B, was found guilty of murdering a “lonely and vulnerable” schoolgirl in June 2019 and sentenced to 15 years in remand, to be reviewed later. eight years.
He and co-conspirator Boy A, who cannot be identified because they are children, were just 13 years old when they murdered 14-year-old Ana in May 2018.
This morning, the President of the Court of Appeal, Justice George Birmingham, said that the court received notice of a request on behalf of Boy B to seek to amend the grounds of appeal and present new evidence.
Defense attorney Seoirse O Dunlaing BL, for Boy B, told the judge that three other premises were searched.
Mr. Grehan, representing the State, said it received “the paperwork last week” and while he has no official DPP guidance, he predicts that the application is “to expand the facility” and presenting “new evidence” would be counterproductive.
“It’s a very important matter, omnibus facilities seek to challenge the admissibility of issues not being challenged at trial and also to present new evidence before a jury. That proposal would have to be. treated first and separately,” he said.
Mr O Dunlaing said he could “see logic with that” but pointed out that one of the main reasons being argued was not asking for “new evidence”.
Mr Justice Birmingham told the lawyer that quite often the court settles the motion and the substantive hearing together but it does not appear that this is “such a case”.
The judge said he would advise on a hearing date for the petition, and in the meantime if the parties consider it unnecessary to deal with the petition separately it could be heard. at a “very substantive hearing”.
When asked how long it would take to get the petition, Mr Grehan said the matter would take a day.
Mr. Justice Birmingham asked a lawyer whether Boy B’s accomplice would appeal.
Mr. Grehan said that Boy A had not filed an appeal against his conviction or sentence.
The case went to trial on June 17.
Boy B is not in court today for a brief hearing.
Mr Grehan asked for the matter to be mentioned on the records management list a month before that date so it would be “clear to everyone” if there were any additional documents. The issue was listed for mention on May 27.
In July 2020, Boy B’s attorneys told the Court of Appeals that they were making a “very unusual application” to circumvent the legal aid limit so that the teenager could seek the services of a British psychologist before appealing his conviction.
The Court of Appeals also heard at the time that Boy B’s push for appeal would focus on refusing to give a jury trial evidence by a clinical psychologist who said Boy B was confused. Post-traumatic stress disorder after witnessing the assault of Ana. and the lies he told the gardai did not suggest he committed the murder.
Clinical psychologist Dr Colm Humphreys was called in by Boy B’s defense team in the absence of a jury during the 2019 trial and testified that Boy B was suffering from post-traumatic stress disorder after witnessing Ana’s assault case and his lies to gardai don’t show it. he committed murder.
However, the trial judge, Mr. Justice Paul McDermott, refused to allow Dr Humphreys to give evidence to the jury after the prosecution objected on the grounds that his evidence would make him a juror. 13th, determining the guilt or innocence of the accused.
The Court of Appeal had previously stated that upon the appeal of Boy B, arrangements would be made for a trial that both parties consider appropriate.
Since both boys are children, the Central Criminal Court trial adopted procedures from the Children’s Court, in which lawyers and judges wear suits and ties instead of wearing suits. gowns and members of the public were denied entry to the courtroom.
Boy B lured Ana out of her house, knowing that his friend was waiting to attack her in a derelict house in St Catherine’s Park in Lucan. He gave several different versions of events to Gardaí, but eventually admitted to seeing Boy A attack Ana.
The boys were unanimously found guilty of murder by a Central Criminal Court jury in June 2019. Boy A was also found guilty of aggravated sexual assault of Ana in a manner involving serious violence.
Boy A was sentenced to life in prison with a 12-year self-criticism, and eight years in prison for aggravated sexual assault. No appeal was filed on his behalf. Boy B has only sought to appeal his sentence, which means there is no appeal against the severity of the sentence.
Boy B is currently being held at Oberstown Children’s Detention Center and the earliest possible release date is June 2027.
Sentencing the boys in November 2019, Mr. Justice McDermott said that the boys’ first period of incarceration will last until they turn 18, when they will be transferred to an adult facility. .
https://www.independent.ie/irish-news/courts/ana-kriegel-murder-boy-b-seeking-to-introduce-fresh-evidence-at-upcoming-appeal-41435988.html Ana Kriegel murder: Boy B seeks new evidence at upcoming appeal