Dissident drove man to kneecapping without knowing it was to be a “deliberate execution", appeal court hears

The Court of Appeal has reserved judgement in the case of a man convicted of murder in connection with a dissident republican shooting in Donegal. Martin Kelly, aged 41, from Strabane, County Tyrone, was found guilty by the Special Criminal Court of the murder of Andrew Burns at Donnyloop, Castlefin on 12 February 2008, and received a mandatory life sentence in January 2012. Mr Burns was shot twice in the back in a church car park. Kelly's appeal centres on the legal doctrine of joint enterprise. His counsel argued that while Kelly agreed to drive Mr Burns to the location for a planned kneecapping, he was unaware the actual intention was a deliberate execution. The Director of Public Prosecutions' counsel contended that Kelly knowingly delivered Mr Burns to be shot and must have foreseen the grave risk of death. The court noted that UK authorities are examining murder convictions based on joint enterprise doctrine, and indicated this may inform its consideration.