The Supreme Court has dismissed an appeal by Patrick Quirke over the admissibility of evidence in his trial for the murder of DJ Bobby Ryan.
In March, the court allowed an appeal by Mr Quirke over his murder conviction and said the seizure of a computer during the investigation was unlawful.
The court found that gardaí did not specify they wanted to examine a computer in the sworn information they provided to the judge granting a search warrant.
But on Friday, the seven-judge panel ruled that the conviction of Mr Quirke for the murder of Bobby Ryan should be affirmed, and that the omission of reference to the possible seizure of computers on the search warrant was due to “honest inadvertence”.
Justice Peter Charleton read out to the court: “The illegality attaching was due expressly to a new legal development in the law related to digital-space privacy.
“There was, on the trial judge’s ruling, no dishonesty.
“The mistake in the application on oath for the warrant and the resulting search warrant was due to honest inadvertence.
“The gardai followed the law as it appeared to be at the time of the search.
“The conviction of the accused for the murder of Bobby Ryan should therefore be affirmed.”
After a 71-day trial at the Central Criminal Court in 2019, Quirke was convicted by a majority verdict of 10-2 of murdering Bobby Ryan in Tipperary between June 3rd, 2011 and April 30th, 2013.
Mr Ryan was reported missing on June 3rd, 2011 by his family, who said he had inexplicably vanished.
On April 30th, 2013, Quirke told gardaí he had found human remains – which were confirmed to be Mr Ryan’s – in an old run-off tank on land he had been leasing at Fawnagowan.
Mr Ryan had been in a relationship with the owner of the land, Mary Lowry.
Quirke, 52, had also been in a relationship with Ms Lowry, starting in about January 2008.
Ms Lowry gave evidence during the trial and said Quirke did not take it well when she ended their affair – and that he seemed to be depressed.
Quirke has not admitted murder and denied any involvement.
