Brian Kearney Found Guilty

 Posted by on March 5, 2008  Add comments
Mar 052008
 

Let me begin this defence of our criminal justice system by telling you something:

I took the power lead of my Dyson cleaner, looped it over a door and made another loop for my foot. The cable carried my weight quite easily.

The police told the jury that a Dyson flex could not carry the weight of a human body for longer than 5 seconds.

What the police told the jury was wrong.

Let me continue with an observation on subliminal messages:

The media constantly referred to the victim as Siobhan, and to the accused as Kearney.

What picture does that create in your mind?

The judge in his summing up twice referred to Siobhan Kearney as Rachel. You might remember the recent controversial case of Rachel O Reilly who was in all likelihood brutally murdered by her husband. What predisposition did that Freudian slip create in the minds of the jury?

Listen. When are we going to start showing some respect for our own criminal justice system? When are we going to see that most probably guilty does not mean the same thing as guilty beyond reasonable doubt?

I think Brian Kearney probably killed his wife, but as I’ve said too many times already, we’re not supposed to be jailing people on the grounds of gross suspicion because when we start doing that we’ll have a police state.

Let the authorities do their job right, present a watertight case and put the likes of Brian Kearney and Joe O Reilly in jail based on proof. Or else let them go free.

The alternative is that every man accused of a violent crime stands convicted before his case ever comes to court.

  47 Responses to “Brian Kearney Found Guilty”

Comments (47)
  1.  

    If gender is an issue in arriving at a verdict, then maybe the fact that there were 8 women on the jury didn’t help “Kearney” either.

    I totally agree with you. The way these high profile cases are conducted totally baffles me. It’s Trial By RTE News, nothing less.

    I, too, think he did it based on what I’ve been told, but I found it interesting that the evidence showed that there was none of his DNA on the hoover, rather an unknown man’s.

    Doesn’t sound much like “beyond reasonable doubt” to me.

    By the way…as if we haven’t ridiculed the justice system enough, the average term of a so-called “life” sentence is around 12 years.

  2.  

    Bock, I’ve just been engaged in a long discussion on this with my better half, who works in the legal profession, and she seems appalled by this verdict too.

    She puts it well: “While 60% of me believes he’s guilty, 60% is not good enough to put someone in jail for life”.

    ‘Fairly sure’ is not ‘beyond reasonable doubt’ and I think the judge should be ashamed of himself, and his profession should be ashamed of him, for putting aside justice and embracing society’s latest fad – modern day witch hunts. If there’s a high profile case, the media is all over it and all they want to see is GUILTY GUILTY GUILTY.

    I don’t know if Kearney is guilty or not guilty, I haven’t seen all the evidence in full. But from what I have seen…I’m not sure. And I doubt any member of the jury is completely sure either.

  3.  

    I’m a lawyer and I’m appalled by the verdict though not at all surprised. Irish people within the last 15 years or so have become passive sheep who believe anything that the Sindo or RTE tells them, suffering from a collective form of Stockholm Syndrome siding with their aggressors at every turn to mask their internal cowardice. Their finding Brian Kearney guilty is everything to do with their subliminal wish to be aligned with the Sindo and its ilk, and horrifying as it may be to think it, to actually look “cool”. The O’Reilly case was the same. This is a State in which one must be eternally vigilant and nakedly self interested at all times to protect oneself. Eire Nua what have ya.

  4.  

    With you on this one, and I’ve been over the ground of Garda+Meeja murkying the judicial waters before.

    Another thing, did I hear right that he’s been refused right of appeal by His Judicial Eminence Paul Carney? In a case based on a scattering of circumstantial evidence?

  5.  

    A guy like you probably has the DC21 Motorhead, yeah? 255 airwatts, flexible steering, motorized brush head. Great machine. Comes with the new 6.5m Dyson Flex64 cable assembly fitted, right?

    But the Kearney flex was purple, so it was probably an old DC04 or earlier cable–which reportedly suffered from breaking strength problems.

    Just an armchair Sherlock exercise…

    *puffs on pipe*

  6.  

    Fix that link for me will ya?

  7.  

    In reply to Conan Drumm – Mr Justice Paul Carney did not here the case. Mr Justice Barry White did.

  8.  

    So Brian was found guilty of Murdering Siobhan..
    Probably the correct verdict but how many people in the US have gone to the chair over an “If the hat fits” verdict..
    Disgraceful.
    How many people that were following this in the gutter press that we have in this country,know about this till the morning.And over their breakfast roll/cappuchinno/special k they’ll say “Got The Bastard” without having actually read any of the evidence…? not a lot i’ll wager..
    Baah Baah..

  9.  

    Conan you are right, Justice Barry White refused leave to appeal, however this can be overturned should the Court of Criminal Appeal choose of its own volition to hear an appeal. This should never have been a majority verdict, it should have been unanimous. I am appalled at this turn of events though regrettably not at all surprised. Like the O’Reilly case, this was the flimiest of cases. I’m female, but if I were a man, I would not under any circumstances marry or live with a woman these days – it’s too dangerous. And clearly I’m not being paranoid.

  10.  

    It’s almost as if the system is now reacting to the hysteria that greets cases that don’t provide the comfort of guilt.

    I’m also disturbed by the extent of the coverage of a victim’s family in many of these cases, both before and after the verdict. That’s not meant to be heartless of me; I’ve been in court as a family member of a victim and offered a chance to speak by the judge but chose not to because I wanted to believe in the system. My closure, if that is what it is, is a personal matter that shouldn’t have any bearing on the guilt of another.

  11.  

    CSI Limerick?

  12.  

    … interestingly a man and a woman were recently on trial, both charged with the same crime. Both were convicted, both had previously unblemished records, both were jailed. The man was led to his sentence in chains but the woman not!

    Mr. Kearney had his day in court, he pleaded not guilty and didn’t speak on his own behalf as his is right. The prosecution did the business basically with little challenge from Mr. Kearney’s legal team. I don’t know what kind of grounds he could have for appeal except ‘legal technicalities’ !

    That said it’s stunning, absolutely stunning, that the judge let loose with his Freudian slip. What this might do is deny justice to the victim!

  13.  

    Just goes to show I steer clear of reading about these cases. Thanks Laura, got my Kearney/Carneys mixed up, a bit like Rachel/Siobhan… Barry White Barry White etc

  14.  

    I disagree. I think the judge leaned in the direction of the perpetrator, actually. In demanding a unanimous verdict (which the jury rightly ignored) and in refusing a victim impact statement to the family, I think it is evident where his sympathies lay.

  15.  

    JC: I think he refused the victim impact statement so as not to futher traumatise the defendent/victim’s daughter who was in court when the verdict was read out…

  16.  

    JC: An application by the defence to have the case struck out for want of evidence was curiously refused by Barry White who passed the buck to the jury. Kearney will be exonerated in the CCA IMHO. Whether he actually did it or not, in a democracy is entirely and utterly irrelevant. There is a miniscule evidence against him. In fact, on the prosecution’s case, any man whose spouse or partner seeks to separate from him is likely to be hung drawn and quartered if that woman is murdered or found dead under any circumstances whatsoever. This was an outrageous trial from start to finish.

  17.  

    If the key was still in the door would there have been any suspicion?
    The key would have shot out when door was kicked in.
    A great deal has been made of the fact that the vacuum lead would not hold her weight but her weight would not nessessarily be on it before she lost conciousness.I’m talking about a cross between hanging and self strangulation.
    If he tried to make it look like suicide why was the cord not still around her neck?
    Nobody ever thinks anyone is going to commit suicide indeed they often show signs of an improvment in their demeanor.

    I think that the only thing they proved was that he never touched the vacuum cleaner this makes him guilty, but not of murder.

    All the motives put forward for murder also apply for suicide.

  18.  

    As I said I steer clear of reading the detail of these cases when the trial is underway. I only just discoved that the deceased was the sister of a former highly prominent Sindo journalist.

  19.  

    The Fun Lovin’ Criminals foreshadowed this case in the song “Love Unlimited”:

    Barry white, gave me life
    And if barry white, gave you life
    If he thought you hung your wife
    Sing barry white, barry white, its alright….

    P.

  20.  

    thats very violent imagery at the start there bock. a bit like ‘st. nick’ sayin he caught santa comin down teh chimney..he’s innocent.. he was only bringing down some toys, i wont strangle him this time. ;)

  21.  

    are you moving site soon bock ??

  22.  

    yes i think so? says Audrey. moving site soon? yes. no. divide and conquer – not!

  23.  

    i forgot my mwaaaaooooohhhhhhh. hey boo. where’s your pic again. very handsome pic.

  24.  

    those eyebrows are sccaaaaary.. jk.. lol

  25.  

    is your real name Andrew bock? just wondering.

  26.  

    Audrey / Kate : Do you take me for an idiot? You’re one person posting childish shit under different names. Fuck off. You’re a spammer and you’re banned.

  27.  

    I spotted an Evenin’ Herald earlier. I’m paraphrasing the front page ‘story’ -‘Detectives’ are saying that Kearney was copying the O’Reilly murder case in the belief that he could get away with it, that “Siobhan’s” death was modelled on “Rachel’s”. Words to that effect.

  28.  

    The flex was only holding 50% of your weight.

  29.  

    Or did tou tie it so something before tou stood on it

  30.  

    Conan: It’s pathetic.

    Wax: Give me some credit for a bit of intelligence.

  31.  

    Well did you check if your model of vacume cleaner has the same power rating , different cleaners will have different power consumptions and more powerfull machines will have bigger and stronger flexes. I just find it difficult to belive that this could be said in court without been tested.

  32.  

    Wax: I have news for you.

    There are many cases where absolute blatant lies have been presented to the court by police, so don’t be surprised if they present a harmless little inaccuracy.

  33.  

    for flex’ sake!

  34.  

    The evidence regarding the strength of the electric flex was given by Dr Neal Murphy BE, MEngSc PhD of UCD supported by Dr Michael Norton not the Gardai. Were they blatantly lying?

  35.  

    Did you notice me saying somebody lied in this case?

  36.  

    “There are many cases where absolute blatant lies have been presented to the court by police, so don’t be surprised if they present a harmless little inaccuracy.”

    You did seem to suggest that someone told lies.

  37.  

    I knew the family years before Brian was arrested in May 2007 a full 15 months after Siobhan was found in the Spare room of the house. In the initial months afer her death it was considered a Suicide , only after intense pressure from the McLaughlin family did the Gardai look into the file to try some evidence of foul play. This was down to the fact that the McLaughlin’s had a lot of high ranking friends in the Gardai and a friend in the DPP .I was in court for the last few day’s of the trial and listened intently to all the evidence read back by Judge White on Tuesday morning and i have to say there was so many piece’s of evidence that showed that he had nothing to do with this at all … 1) There was no DNA or Finger prints on the flex 2) Siobhan was on anti-depressants for 12 months 3) Siobhan had been certified into St.John of Gods mental institue years before due to depression 4) Siobhan’s sister was pushing for the seperation/divorce 5) The motive as put forward by the DPP was money , but in fact Brian was not a wealthy man at all, yes he owned his own electrical business ( which was in liquadation ) owned his own house ( many people do ) owned a Hotel in Spain ( a massive mortgage on it with 20 odd years left to pay ) so yes it would have been a headache but Brian had gone through a seperation 20 years before and it would not have bothered him in the slightest if he had to do it again 6) There where two sets of pictuers taken at the scene 1 hr apart , in the first set the key was under some of the photo’s and a chair was beside the door way , in the second set the key was on top of the photo’s and the chair had mysteriously been removed from the room.

    As far as blatant lies go then yes there where some in this case . One Detective ( who was an ex-lover of Siobhan ) got up and said ” brian did not look emotional ” , ” brian took his time getting to the house” , ” brian said he was in the house when Siobhan died ” . Later on in the trial another detective got up and contradicted his statment saying ” brian was shaking uncontrollable and a doctor was called for on his behalf ” , ” brian arrived at the house 10 minutes after the phone call from Siobhan’s sister ” . But yes Brian did say that he was in the house when Siobhan died but this was in his statement in March 2006 the following day after the tragic loss of his wife , this was said after the gardai had been consistenly saying to him ” you where in the house weren’t you Brian ” , ” you where there when your wife died , wheren’t you Brian ” to which Brian said ” Yes i presume i was in the house when Siobhan died as there where only myself , Siobhan and our 3yr old child in the house that night ” .

    So in my opinion Brian is innocent , and even if the motive worked against him that by no means is ” BEYOND ALL RESONABLE DOUBT “

  38.  

    Wax: Are you deliberately misreading what I wrote?

  39.  

    PeterPablo: I don’t know how you can be sure that two sets of pictures were taken.

  40.  

    …. Brian didn’t take the stand in his own defense – which is his right. I really don’t know how it’s relevant that Siobhan was in a ‘mental institute’ unless people who’ve been in ‘mental institutes all end up as suicides – which they don’t! Nor do people on anti-depressants all commit suicide. There’s no such think as a perfect justice system.

  41.  

    @ Bock > It was in the Trial that 2 sets of pictures where taken and the Jury where shown both set’s .

    @ Andrew > I never said there was a direct link between people on Anti-depressants / or people who stayed in mental institues due to depression to them commiting suicide. What i was trying to put across that this alone put doubt over wether Brian murdered Siobhan.

  42.  

    I attended court most days during the trial as a friend of Brians. I am aghast that a jury could find someone guilty on the evidence given to them. Trial by media does seem to be a problem here in ‘Ireland. for instance there were days when I heard all the evidence given, and the following day I would wonder if it was the same trial the papers were reporting on. I do feel very strongly that a defence was not given. Apparantly, if the proscecution case is not strong, the defence does not ‘go after’ the victim..in this case, Siobhans ‘state of mind’ was spoken about by the proscecution but not by the defence. the defence thought that there was was not a strong case against Brian Kearney, but yet look what happened ? I do think that the jury did not take long enough to look at all the evidence also.

    In the closing by the judge, he should not have used a different christian name. this should be grounds for an instant appeal if not a downright thrown out of the conviction. I will never have faith in the justice system again. One thing that frightened me all through the trial was the feeling that everything was stacked against Brian Kearney. Can someone explain to me the following;- is it ok for the state pathologist Dr Marie Cassidy to give evidence, which I heard in court, and for her then, afterwards to be deep in conversation with two of Siobhans sisters. What if Dr Cassidy was called back again to give more evidence ? She is supposed to be independent. This scared me more than anything.

  43.  

    the mclaughlins are mad

  44.  

    The Dunne murder case brings up all the questions again re the Brian Kearney trial. No evidence to support the case against Brian Kearney yet he was still convicted. Lets hope his appeal is successful.

  45.  

    I meant to say that the Burke trial brings up the whole issue of husband killing their wives. Apologies

  46.  

    hi i would really like to speak to any friends of brian kearneys for reasons that i can explain privately

  47.  

    lorraine please contact me

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