A Chinese national who murdered a Kilkenny postmaster in 2006 has had his murder conviction reaffirmed by the Appeals Court in Dublin this week.
Shu Shen (27 ), formerly of Old Rectory, New Ross, Co Wexford, shot dead postmaster, Alan Cunniffe (32 ) of the post office on John’s Green when he gave chase after Shen had robbed the post office of €13,000. Mr Cunniffe was shot in the stomach on Wolfe Tone Street when he apprehended Shen. He died in hospital four hours later.
Rejecting an attempt by Shu Shen to have the verdict made against him quashed, the Court of Criminal Appeal held it was “in no doubt” the conviction for murder was “safe”.
The three judge appeal court said the Chinese national “brandished a gun” in the face of Mr Cunniffe before fatally wounding him a short time later on December 8, 2006.
Shen admitted killing the victim following a robbery at a post office but a plea to manslaughter was not accepted by the Director of Public Prosecutions and he was found guilty of murder by a jury at the Central Criminal Court in November 2008 and jailed for life.
Among the grounds of appeal argued by lawyers for Shen on Monday this week were issues concerning the admissibility of certain forensic evidence and the “perverse verdict of the jury”.
The court heard that during the trial, the jury was told of ballistics evidence carried out on “a different weapon”, to that used in the fatal shooting.
Mr Michael O’Higgins SC, for Shen, told the CCA the modified air pistol used “broke up” and “disintegrated” when experts attempted to examine its capabilities.
The “differences between” these firearms “were significant” ,and the jury should have been told that this evidence was being put forward on a “probable level”.
Mr Shen was in court the hearing and the proceedings were explained to him through an interpreter.
The State opposed the appeal. The appeal court was told the jury was under “no misapprehension” that the assessments involved “another gun”.
In dismissing the appeal, the court said this was “an extremely tragic case”.
The CCA said it was “unimpressed” by a “fanciful theory” related to the forensics. The man’s conviction for murder was affirmed.
