A Dublin man yesterday won his appeal against his conviction for the murder of another man in circumstances described by the Court of Criminal Appeal as of "the most vile and sadistic violence".
The court directed that Scott Delaney (26), of Palmerstown Park, Palmerstown, is to be retried for the murder of Mark Dwyer (22) in 1996. He remains in jail on foot of a 10-year sentence imposed for the false imprisonment of Mr Dwyer.
His appeal was allowed after the court held that there was new evidence on which a jury might decide that Scott Delaney had tried to withdraw from any common enterprise and had taken such steps as might not make him responsible for the murder of Mr Dwyer.
Mr Dwyer's body was found in a field at Scribblestown, Finglas, on December 14th, 1996. He had been abducted from his flat at Foster Terrace, Ballybough, Dublin, taken to another location, tortured and shot in the back of the head.
In October 1997, Scott Delaney was convicted of the murder. His father, Joseph Delaney, was also convicted of the murder at a later date.
Yesterday, Mr Barry White SC appealed against Scott Delaney's murder conviction but not against his conviction for false imprisonment.
After considering submissions from Mr White and from Mr Patrick Gageby SC, for the DPP, Mr Justice Fennelly, presiding and sitting with Mr Justice O'Donovan and Mr Justice Herbert, said that the court would allow the appeal and direct a new trial.
The judge said the basis of the appeal was that there was now new evidence, which had not been available at Scott Delaney's trial and which might have affected the jury's verdict. That evidence was from Scott Delaney himself and from Ms Adrienne McGuinness (a former girlfriend of Joseph Delaney). A jury might consider, on the basis of that evidence, that Scott Delaney had taken such steps as prevented him from being responsible for the murder.
Outlining the background, Mr Justice Fennelly said Mr Dwyer was murdered in circumstances of "the most vile and sadistic violence". The killing had been planned against a background of organised crime and drug-dealing and alleged double-dealing.
The case being made on appeal was that, unknown to the jury at his trial, Scott Delaney was in the Kildare house and had tried to withdraw from any common enterprise and to countermand any part of such enterprise which would result in the death of Mr Dwyer.
There was sufficient material in the new evidence to persuade the court that there should be a new trial on the basis that a jury might consider that Scott Delaney had taken such steps as prevented him being responsible for the murder, the judge said.
