The Court of Criminal Appeal has rejected as "utterly without merit in law" a bid by a man convicted of the brutal murder of a young woman in Cork and the attempted murder of her friend to reopen his appeal.
The court dismissed an application by Peter Whelan to be allowed raise arguments challenging the decision directing that he should serve a 15 year sentence for attempted murder prior to serving a life sentence for murder.
The court also refused to certify that issues arising from its dismissal of Whelan's appeal last May should be referred to the Supreme Court on the basis that they raised points of law of exceptional public importance.
In refusing the applications brought by Mr David Goldberg SC, for Whelan, Mr Justice Hardiman also said the court "deprecated" suggestions by Mr Goldberg that, because of what Mr Goldberg described as tension in the Court of Criminal Appeal courtroom during the appeal hearing in May 2003 and the presence there of relatives of the victim, the court would have refused any application to adjourn the matter to allow counsel make arguments regarding the court's sentencing decision.
Peter Whelan (20), of Ashgrove, Underwood, Rochestown, Cork, was jailed for life at the Central Criminal Court in December 2002 for the murder of Ms Nicola Sweeney (20), a student at her home at Underwood House, Rochestown, in April 2002. He received an additional 15 year sentence for the attempted murder on the same occasion of Ms Sinead O'Leary, a student friend of Ms Sweeney.
The Central Criminal Court heard that Ms Sweeney and Ms O'Leary were in Ms Sweeney's house preparing to go out at about ll p.m. on April 27th, 2002, when Ms O'Leary saw a man she did not know approaching.
She was knocked to the ground, kicked and punched. Whelan took out a knife and Ms O'Leary received multiple stab wounds.
Whelan then left her and she ran downstairs and locked herself in a bathroom. A short time later, she went back upstairs and found Ms Sweeney unconscious with multiple stab wounds.
