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Irish Times
9 hours ago
- Irish Times
Judge denies legal aid for three senior barristers to represent each of Sliabh Liag murderers
A judge has denied legal aid for a third senior barrister to represent each of the Sliabh Liag murderers Alan Vial and Nikita Burns in their bid to overturn their convictions, noting he had to have 'some regard to the public purse'. Vial and Burns, a former couple, were convicted by a Central Criminal Court jury last March of murdering Robert 'Robin' Wilkin whose body was thrown over the cliffs in Co Donegal almost three years ago. Vial (39), from Drumanoo Head, Killybegs and Burns (23), of Carrick, Co Donegal, had pleaded not guilty to murdering Mr Wilkin in Co Donegal on June 25th, 2023. The trial heard the 66-year-old suffered at least two depressed fractures to his head before being put over Sliabh Liag, which ranks among Europe's tallest sea cliffs. READ MORE Vial's application for legal aid was one of eight before the Court of Appeal . Mr Justice John Edwards said he had considered matters in chambers and in Vial's case approved legal aid for two counsel. Defence barrister James P O'Brien told the court Vial had been represented by three counsel in the trial. He said the trial had been long and involved a significant amount of disclosure and asked that three counsel also be allocated for his client's appeal. [ Three friends left the Donegal pub at closing time. Eight days later, a body was pulled from the sea at Sliabh Liag Opens in new window ] Mr Justice Edwards said his briefing note had been for two counsel. He questioned whether three counsel were needed, going on to say he could not recall any case in the Court of Appeal where a party had been represented by more than two barristers. Joseph Mulrean, representing Burns, said he had a similar application to make for three counsel. Burns case was listed today for an application to extend the deadline for lodging her appeal against her conviction, which the court granted. 'What's so complex about this case that it requires three counsel as opposed to two?' Mr Justice Edwards asked. 'If there is some reason I'm open-minded about it but simply to maintain parity with the court below is not a good reason,' said the judge, going on to note: 'I do have to have some regard to the public purse.' He said the appeal hearing would be shorter than a trial and did not involve live witnesses or live exhibits. He noted transcripts are provided, legal submissions are prepared in advance and the appeal is usually presented by one counsel. Mr Mulrean said the case had involved a significant amount of documentary evidence and had been 'extremely exhibit heavy'. Mr Justice Edwards asked if it was the State's intention to have three counsel for the appeal and Emmet Nolan, for the Director of Prosecutions , confirmed it was not. The judge then told the defence lawyers he would only certify for two counsel. The Irish Coast Guard recovered Mr Wilkin's body from the sea eight days after he was thrown from the cliffs. Due to predator damage and decomposition, State Pathologist Dr Margaret Bolster was unable to identify a cause of death. She noted multiple fractures to Mr Wilkin's face but could not say which had been caused by the fall from the cliff and which related to a prior assault. However, the jury heard the two fractures to the back of his head were not consistent with a fall down a cliff, but were 'entirely consistent' with injuries that could have been caused by a bloody rock found by gardaí at the top of the cliffs. DNA testing showed blood and hairs on the rock were Mr Wilkin's. Each accused claimed the other used the rock to beat Mr Wilkin about the head before he was put over the cliffs. However, the prosecution argued they were part of a joint enterprise to cause serious injury to Mr Wilkin and therefore both guilty of murder.


BreakingNews.ie
12 hours ago
- BreakingNews.ie
Sliabh Liag killers denied legal aid for third barrister over concern for 'the public purse'
A judge has denied legal aid for a third senior barrister to represent each of the Sliabh Liag murderers Alan Vial and Nikita Burns in their bid to overturn their convictions, noting he had to have 'some regard to the public purse'. Vial and Burns, a former couple, were convicted by a Central Criminal Court jury last March of murdering Robert 'Robin' Wilkin, whose body was thrown over the cliffs in Co Donegal almost three years ago. Advertisement Vial (39), from Drumanoo Head, Killybegs, and Burns (23), of Carrick, Co Donegal, had pleaded not guilty to murdering Mr Wilkin in Co Donegal on June 25th, 2023. The trial heard the 66-year-old suffered at least two depressed fractures to his head before being put over Sliabh Liag, which ranks among Europe's tallest sea cliffs. Vial's application for legal aid was one of eight before the Court of Appeal on Friday. Mr Justice John Edwards said he had considered matters in chambers and in Vial's case approved legal aid for two counsel. Defence barrister James P O'Brien told the court Vial had been represented by three counsel in the trial. He said the trial had been long and involved a significant amount of disclosure and asked that three counsel also be allocated for his client's appeal. Advertisement Mr Justice Edwards said his briefing note had been for two counsel. He questioned whether three counsel were needed, going on to say he could not recall any case in the Court of Appeal where a party had been represented by more than two barristers. Joseph Mulrean BL, representing Burns, said he had a similar application to make for three counsel. Burns case was listed today for an application to extend the deadline for lodging her appeal against her conviction, which the court granted. 'What's so complex about this case that it requires three counsel as opposed to two?' Mr Justice Edwards asked. 'If there is some reason I'm open minded about it but simply to maintain parity with the court below is not a good reason,' said the judge, going on to note: 'I do have to have some regard to the public purse'. Advertisement He said the appeal hearing would be shorter than a trial and did not involve live witnesses or live exhibits. He noted transcripts are provided, legal submissions are prepared in advance, and the appeal is usually presented by one counsel. Mr Mulrean said the case had involved a significant amount of documentary evidence and had been 'extremely exhibit heavy'. Mr Justice Edwards asked if it was the State's intention to have three counsel for the appeal and Emmet Nolan BL, for the Director of Prosecutions, confirmed it was not. The judge then told the defence lawyers he would only certify for two counsel. The Irish Coast Guard recovered Mr Wilkin's body from the sea eight days after he was thrown from the cliffs. Due to predator damage and decomposition, State Pathologist Dr Margaret Bolster was unable to identify a cause of death. Advertisement She noted multiple fractures to Mr Wilkin's face but could not say which had been caused by the fall from the cliff and which related to a prior assault. Ireland Man who drove with Lidl manager on car bonnet afte... Read More However, the jury heard the two fractures to the back of his head were not consistent with a fall down a cliff, but were 'entirely consistent' with injuries that could have been caused by a bloody rock found by gardaí at the top of the cliffs. DNA testing showed blood and hairs on the rock were Mr Wilkin's. Each accused claimed the other used the rock to beat Mr Wilkin about the head before he was put over the cliffs. However, the prosecution argued they were part of a joint enterprise to cause serious injury to Mr Wilkin and therefore both guilty of murder.
Yahoo
07-03-2025
- Yahoo
Pair who murdered man thrown over cliffs jailed for life
The family of a man who was thrown over iconic Irish cliffs have described his "evil" murder as "callous and unnecessary". Alan Vile and Nikita Burns, were convicted of murder by majorities of 10 to two at the Central Criminal Court in Dublin on Thursday. The pair were sentenced to life imprisonment on Friday. Vial, 39, of Drumanoo Head, Killybegs, County Donegal and Burns, 23, from An Charraig, County Donegal, both denied the murder. Famous beauty spot, brutal murder: The body at the foot of the cliffs Mr Wilkin's body was found in the sea at the bottom of the Slieve League Cliffs along Ireland's Wild Atlantic Way eight days after he was murdered by two short-term friends. During the sentencing hearing, a statement on behalf of Robin Wilkin's family described the time since his murder as "an agonising journey filled with grief, denial and undoubtedly anger". The statement, read to the court by Mr Wilkin's sister, Irene McAleer, on behalf of herself and her brother David and sister Marie, stated that "the brutal nature of his death is something that none of us will ever come to terms with". Commenting on her daily attendance at the trial at Dublin's Central Criminal Court, Mrs McAleer said "nothing or no one could have prepared me for the evil and harrowing details". Her statement added: "To sit in the same room with those two cold, calculating individuals has been so difficult". "The fact neither of these individuals have shown a grain of remorse has been very overwhelming at times," Mrs McAleer said. Her family also paid tribute to the Garda investigation into the murder of their brother and thanked key witnesses "for their bravery in coming forward and appearing in court". Irene McAleer also added: "I'd like to take this opportunity to declare that contrary to reports that Robin was estranged from his family, he was in fact just travelling his own path and had lost regular contact with us, as many siblings do. "Robin's callous and unnecessary murder has deprived us all the chance to reconnect now that our own lives are slowing down," she said. The statement concluded: "As a family, this isn't the end for us. Our grieving will begin now in whichever way we can navigate through it". Robin Wilkin and his two killers had only known each other for a number of weeks. They had spent an evening drinking together in local pubs in the hours before his murder. After leaving a pub in the village of Dunkineely they were driving back to Vile's home, where all three had lived together at times, when a row broke out and Mr Wilkin was beaten on the head with a rock. He was then driven about 14 miles along the coastline to the renowned Slieve League Cliffs. During the murder trial, Vile explained what happened when he admitted that he drove to Slieve League "to get rid of the body" in the early hours of the morning. "We got him up onto the fence and then we dropped him to the other side, and he rolled from there off the edge of the cliff," he said. Famous beauty spot, brutal murder: The body at the foot of the cliffs Pair found guilty of murdering man thrown over cliffs The killer, who was described by his barrister during the trial as "a petty criminal and an alcoholic", also said they returned to the scene twice to see if the body was visible or "if anyone had noticed anything". The court heard that Burns had "a difficult upbringing". The search for Robin Wilkin's body led to a complex and challenging week-long air, sea and land search and recovery operation before his body could eventually be recovered from the treacherous Atlantic waters along the Slieve League cliffs. The recovery of his body ensured that his two killers failed in their attempt to get away with murder.