Alan McNamara, 52, from Mountfune, Murroe, Co Limerick, was found guilty in 2017 of the murder of Andrew O'Donoghue.
McNamara denied murder and the core argument in his appeal is the trial judge erred in not allowing a defence of provocation to be considered by the jury. McNamara claims he was provoked arising from an attack on him and his wife outside a pub the previous evening by members of the Road Tramps who claimed he was in their "territory".
McNamara, who was armed with a sawn-off shotgun, said he shot Mr O’Donoghue because he believed a metal bar in the latter’s hand was a firearm.After his appeal was dismissed by the Court of Appeal, the Supreme Court agreed to hear a further appeal centred on whether provocation should have been put before the jury for consideration.
The events of the previous evening and day of the shooting were evidence of "cumulative" and "extreme and intended" provocation. Opposing the appeal, Michael Delaney SC, for the DPP, said what was involved here was "retaliation" rather than provocation.