A seven-judge court has unanimously decided to reject the appeal by Mr Patrick Quirke, on his earlier conviction for the June 3rd, 2011, murder of Mr Bobby Ryan, (Latter alleged love rival known as DJ “Mr Moonlight”). The seven-judge court unanimously decided to dismiss the appeal. Mr Quirke, aged 53 years had pleaded not guilty to the murder of Mr Ryan, however he had been convicted by a 10 to 2 jury verdict, following his 13-week trial period.
Just last May, 2023, the court heard submissions from lawyers representing both Mr Quirke and the Director of Public Prosecutions (DPP), regarding an earlier finding that a computer seized from his home had been unlawfully searched.
Lawyers for Mr Quirke had previously urged the court to direct a retrial for the charge of murder of Mr Ryan. The DPP argued the computer evidence was admissible despite the Supreme Court’s finding. The Supreme Court had ruled last March that Gardaí had unlawfully searched the contents of the computer, latter seized from the home of Mr Quirke.
The court had ruled that a physical analysis of a digital device was permitted, but its use as a portal into the digital world was a more significant intrusion into privacy rights and such an intention should have been raised in the warrant application, so that the digital search could be judicially authorised.
The seven-judge court unanimously decided to dismiss the appeal by Mr Quirke, thus rejecting the Tipperary farmer’s application for a retrial, having found a mistake in the warrant application for a search at the Quirke homestead, was due simply to an honest oversight.
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