A man who killed his “best friend” while he slept has lost his appeal against his conviction for murder.
John Paul Buck (34), last of Heywood Close, Clonmel, Co Tipperary, was jailed for life in February 2009 after the Central Criminal Court jury found him guilty of fatally stabbing a sleeping Fergus Roche (30) at a vacant house in their estate on October 1st, 2005.
Buck then set fire to the house and was also convicted of arson, for which a concurrent five-year sentence was imposed.
Buck, a father-of-one, appealed his conviction, but a three-judge Court of Criminal Appeal yesterday dismissed the appeal. Buck had denied all involvement.
‘Best friend’
On the final day of the trial, Det Garda Larry Bergin told the jury Buck had confessed to him in August 2006. Det Garda Bergin said Buck told him he had stabbed Mr Roche in the chest once while he was sleeping because he “grassed him up”, but went on to describe him as his “best friend”.
In his appeal, Buck’s counsel argued there were a number of grounds of appeal, including issues concerning the admission into evidence of an alleged confession by Buck to Det Garda Bergin.
At Buck’s request, the detective had met him alone in his patrol car and switched off his phone, counsel said.
Conversation not recorded
When Det Garda Bergin tried to caution him, Buck told him the admission was worthless because it was not on tape.
His counsel said it had been accepted Det Garda Bergin had attempted to caution Buck, but it was submitted this should have happened earlier in their conversation. This amounted to encouragement to expand on what the accused was saying without any attempt to caution him, it was argued.
Giving the Court of Criminal Appeal judgment, Mr Justice William McKechnie said the court was satisfied the statement Buck made to gardaí was given voluntarily and the court would dismiss his appeal.
