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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
11 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.


Irish Times
2 days ago
- Irish Times
The Rusty Mackerel, Donegal review: Sarah Jessica Parker's go-to is where you want to be after a bracing cliff walk
The Rusty Mackerel Address : Teelin, Carrick, Co Donegal, F94VP99 Telephone : 074-9739101 Cuisine : Pub Grub Website : Cost : €€€ We've come from the cliffs at Sliabh Liag – 600m above sea level, the highest sea cliffs in Europe – where the land just gives up and drops off the side of the country. The view across Donegal Bay is staggering. It's better than the Cliffs of Moher . Fewer buses. Smaller crowds. The kind of place that makes you forget about food entirely – until you get back into the car, the road curves inland, and suddenly you're starving. The Rusty Mackerel, nearby in Teelin, is the place to stop. With a terrace out front, a conservatory to one side and rooms upstairs, it is a favourite of tourists and hikers. A warren of rooms in the pub is filled with pints and talk. In the conservatory, where our food is served, the brick walls, timber beams and stone flag floors create an inviting ambience. Guinness and whiskey mirrors, framed adverts and copper pots anchor you firmly in Ireland. The menu is short: seven starters, seven mains and five desserts. There's fish and chips, a Guinness beef stew, pasta with chicken in a white wine cream sauce and a seafood pie with smoked haddock and salmon. Starters include a creamy seafood chowder, crispy chicken wings and garlic bread with or without cheese. Desserts stick to the classics: sticky toffee pudding, crème brûlée, brownies, and spiced apple crumble – all priced at €9. The wine list is equally short, with four whites, three reds, a rosé, and a Prosecco, all available by the glass. It should be noted that the rosé is Sarah Jessica Parker 's – she drops in when she's holidaying in Donegal. I go for the Chardonnay (€7.70); my wingman, Steve, has a Guinness (€5.90). READ MORE We order the goat's cheese tartlet (€14) and the prawn and monkfish (€14.50) to start. It's a single slice from a log of soft goat's cheese in a small prebaked pastry case, which is warmed through. It is topped with red onion marmalade, which adds sweetness - perhaps a bit too much - and underneath is a green wild garlic purée – strong, sharp and slightly overpowering. The prawn and monkfish is served in an escargot dish – the white ceramic kind with six wells, originally designed to hold snails and garlic butter. It's an odd vessel, but it works. The monkfish is perfectly cooked – no small achievement. It's an unforgiving fish when overdone. The prawns hold their texture in a mild creamy sauce. The layer of melted mozzarella across the top has a wonderful cheese pull and is strangely satisfying. The brown bread that comes with it is very good – deep brown, dense, slightly sweet, served thick and warm with butter. We've ordered two mains: fish and chips (€22.50) and the Guinness stew (€22.50). The fish and chips is excellent. The fish – haddock – comes in a Guinness beer batter, fried to a perfect crunch. The batter is thin and crisp, not oily, and flakes apart with a good crack. Inside, the fish is hot, juicy, and firm. This is how it's meant to be done – the batter acts as a casing, holding in the heat and the moisture, without turning to glue. The hand-cut chips are thick, not quite crunchy, but piping hot. A small bowl of mushy peas and a ramekin of tartare sauce do the job. The stew comes in a deep bowl, loaded with tender beef, peas, carrots and a generous dollop of buttery mash. But the gravy lacks depth. There's sweetness where there should be something savoury – no bitterness, no dark malt character, nothing that suggests stout. It could do with a splash of lemon juice to add acidity. There's more of that excellent brown bread on the side. The Rusty Mackerel, Carrick, Co Donegal The Rusty Mackerel, Carrick, Co Donegal The Rusty Mackerel Pub, Carrick, Co Donegal We share a dessert – sticky toffee pudding (€9). The sponge is warm and soft, but not especially sticky. The toffee sauce, poured on top and squiggled across the plate, tastes confected, like something from a bottle. It comes with soft-serve ice cream and a strawberry on top. The Rusty Mackerel is open most days – including midweek – which already puts it ahead of much of rural Donegal. Many places shut from Monday to Wednesday, or hibernate until high season. This one stays open year-round. That, along with the fish, is reason enough to stop. After the cliffs and the road and the cold air in your lungs, it's not just somewhere to eat – it's exactly where you want to be. Dinner for two with a glass of wine and a beer was €96.10. The verdict: A post-hike menu that gets the basics right. Food provenance: Molloys Fish, Killybegs; Adrian Byrne Butchers; and Declan McShane for fruit and vegetables. Vegetarian options: Goat's cheese tartlet and vegetable curry. Wheelchair access: Fully accessible with an accessible toilet. Music: Country sounds such as Riley Green and Chris Stapleton.