Barry McCarney leaves court
BARRY McCarney, convicted of the murder and sexual assault of Enniskillen toddler Millie Martin back in December 2009 is to appeal his 25 year prison term.
McCarney’s bid to overturn his conviction will be heard in April.
On December 4, 2012 Barry Michael McCarney was convicted of murder, grievous bodily harm and the sexual assault of Millie Martin after an eight-week trial.
He was sent to prison on January 25, 2013.
During the trial the court heard that McCarney, originally from Trillick, began a relationship with Millie’s mother, Rachael Martin, at the end of August 2009 and moved into the family home between the end of September and start of October 2009.
The toddler died in December 2009 following her admission by McCarney to the Erne Hospital, Enniskillen with serious injuries.
She had sustained multiple fractured ribs, heavy bruising and a burnt finger.
Mr Justice Stephens said that McCarney had gained the total trust of Rachael Martin.
The court heard that the defendant had been found guilty of breaking seven of Millie’s ribs by using a force equivalent to that of a significant road traffic accident.
Those fractures were sustained some weeks before her death.
On the day of her death, Millie sustained multiple bruising in the genital area.
Her head also impacted on a hard surface causing severe bruising to her brain and irretrievable and fatal damage to vital structures in her skull.
The judge said the defendant was a deeply manipulative individual, devoid of any regard for social norms, the ordinary human obligations to a vulnerable child, or the consequences for Millie’s mother and her extended family.
He added that the defendant had no insight or remorse and had demonstrated himself to be a violent individual.
In sentencing the judge said it was a serious case in which there should be a substantial upward adjustment from the higher starting point and that the defendant should serve 25 years before being considered for release on licence.
In the Court of Appeal on Friday counsel for McCarney stated there was a major structural issue with legislation upon which McCarney was convicted and registered the wish to obtain transcripts of evidence from his previous trial.
The case has been listed for hearing on April 1, with Lord Chief Justice Sir Declan Morgan predicting that the issues raised by counsel could be dealt with in two days.
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