A man jailed for life for the murder Gareth Brosnan-Grant in Limerick seven years ago has lost an appeal against conviction.
Greg Crawford (27), of St Munchin's Street, St Mary's Park, Limerick, pleaded not guilty to murdering Gareth Brosnan-Grant at St Ita's Street, St Mary's Park on October 8th 2007.
He was found guilty by a jury at the Central Criminal Court and was given the mandatory life sentence by Mr Justice Paul Carney on March 3rd, 2012.
The Court of Appeal dismissed Crawford’s appeal on all grounds, including requests for the trial judge to give an adequate identification warning to the jury.
Mr Justice George Birmingham said the deceased man's partner, Claire Ronan, had given evidence that on the night in question, Mr Grant told her he was going down the road for about a minute. Very shortly thereafter she heard a shot.
Her evidence was that having gone out onto the street she saw her partner lying on the ground. She testified that Greg Crawford turned and looked, pulled his hood and ran.
She gave evidence without objection that when she was in a patrol car following the ambulance she was asked by a garda ‘who was it?’ and in response she said ‘Greg Crawford’.
Garda Sgt Gerry Cleary then went to Crawford’s grandparents’ house where he observed the accused coming out of a small room off the kitchen. He appeared freshly showered, his hair was wet and he was wearing fresh clothes.
Sgt Cleary arrested Crawford at the scene.
Crawford’s barrister, Brendan Grehan SC, submitted that Ms Ronan had initially told gardaí she could not see Crawford’s face. However, in a Garda statement two months later, she said she could see Crawford’s face.
Ms Ronan also initially told gardaí the man she saw was of similar build to Crawford but two months later she said it was Crawford, Mr Grehan said.
Mr Justice George Birmingham said the requirement for juries to be given a warning in relation to the dangers of identification and recognition evidence has been” a key feature of our criminal law” for half a century, a fact which was made clear to the jury in this case.
He said the question was not so much whether Ms Ronan was mistaken in the identification but rather the question of whether she had, as she claimed, identified Crawford at all at the time.
Had the trial judge rehearsed the defence’s argument that the identification was only made two months after the incident, it was likely “that he would have felt the need to remind the jury that in the immediate aftermath of the incident” Ms Ronan had said to Sgt Cleary and another individual, “that it was Greg Crawford”.
“That would not have advantaged the defence,” Mr Justice Birmingham said.
Mr Justice Birmingham, who sat with Mr Justice Garrett Sheehan and Mr Justice John Edwards, said the grounds of appeal failed and the court consequently dismissed the appeal.