The Court of Appeal refused to allow Marian Lingurar Jnr, who is convicted of the killing of Oughterard publican John Kenny, leave to appeal his conviction.
It was decided by the three attending judges that the appeal had insufficient chance of success. The impact of fresh court proceedings on the victim's family was also taken into account. Lingurar will be allowed to appeal his conviction however.
26-year-old Romanian national Lingurar was found guilty in 2019 of the manslaughter of 56-year-old Kenny.
Lingurar was one of a gang of men who broke into Kenny's pub on September 25th, 2011. The publican was badly beaten, tied up and left to die on the floor of the ladies' toilets. He was found dead by his wife Kathleen Kenny and their daughter Gillian the following evening.
Lingurar broke his bail conditions by fleeing the country before returning under a different name, delaying the trial until 2019.
Representing the defence, Justice Birmingham argued that the nine-year sentence was overly harsh given Lingurar was a juvenile at the time and had been influenced by older men, including his own father.
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