The jury accepted the prosecution’s case that Mr Finnegan had met “a gruesome death” at the hands of Penrose and attempts had been made to cut up and burn the victim’s body
Stephen Penrose’s lawyers told the three-judge Court of Appeal they had come to court ready to proceed with the appeal and his decision to dismiss the team had come as “news to us”.
The 42-year-old represented himself in the murder trial after he dispensed with two legal teams during the hearing of the case.
After a trial lasting five weeks, Penrose of Newtown Court, Malahide Road, Coolock, Dublin 17 was found guilty by unanimous jury verdict in November 2021 of murdering Mr Finnegan (24) at Rahin Woods, Rahin, Edenderry, Co Kildare on August 10, 2016. He had pleaded not guilty to the charge.
The 12 jurors unanimously rejected Penrose’s defence that he had last seen Mr Finnegan being stabbed in the back during an attack by a group of men at “a forest” or “close to a wood”, having arranged to collect firearms from them.
Stephen Penrose
News in 90 Seconds, Friday October 10
The jury accepted the prosecution’s case that Mr Finnegan had met “a gruesome death” at the hands of Penrose and attempts had been made to cut up and burn the victim’s body.
Penrose had signalled his intention to appeal against his conviction and the case was due to be heard today.
When the case was called, Barra McGrory SC, representing Penrose, informed the panel that he had anticipated arguing the appeal today. However, he explained that on Tuesday morning, during a review hearing, Penrose had notified the court that he had dismissed his solicitors and counsel at the beginning of August.
“That was news to us and to Mr Mulholland, my instructing solicitor, but that position has been confirmed to us by Mr Penrose in a video consultation that my junior, Mr John Kelly BL and my solicitor had with him yesterday,” said Mr McGrory. “So we are in no doubt that he doesn’t wish us to represent him.”
“My situation, and that of Mr Kelly, is we simply have no option but to ask this court to relieve us from this case,” he said. “Other than the developments from Tuesday, we still have received no communication of that dismissal, but we do regard ourselves dismissed and that was confirmed in a consultation yesterday.”
Brendan Grehan SC, for the Director of Public Prosecutions, said the court would be aware, having seen the submissions filed, that this had “very strong echoes of the run up to the trial”.
“Mr Penrose has had – I don’t know how many at this stage – different teams of solicitors and senior counsel,” he said. “We understood up until Tuesday that this was proceeding.”
Counsel said the DPP is “ready and anxious to proceed”, adding the deceased’s mother was present in court.
“Obviously, this is a matter that has gone on for quite a number of years in terms of the trial having been adjourned for, I think, five years before it got underway and various legal teams involved,” said Mr Grehan.
Penrose, who appeared via video link, told the court he had sent a letter to his solicitors at the beginning of August informing them he longer wished the team to represent him. He said he was not happy with the points of appeal which had been lodged on his behalf and said he wished the matter to be adjourned so another firm of solicitors could come on record.
He confirmed this was despite having signed a letter in May indicating that he was happy with the grounds of appeal.
Penrose held a handwritten letter dated August 1, 2025, to the camera, in which he indicated his intention to dismiss his legal team. Asked if he had any proof the letter had been delivered, he said it had been sent “through the prison”.
Mr McGrory told the court that “no such letter was received”.
Making an application to the court to be released from the case, Mr McGrory said his team’s position was now “untenable”.
After the court rose for a short while to consider matters, Ms Justice Kennedy noted this was an “exceedingly unsatisfactory situation”. She said the case was in the list to proceed to hearing, had been listed for some time and was “obviously a very serious matter”.
She said the court would permit Mr McGrory and his legal team to come off record.
Ms Justice Kennedy said the court would “reluctantly” adjourn proceedings to obtain verification that the letter Penrose claimed to have sent through the prison service to his now former legal team had been dispatched. She also requested the court registrar to confirm with the prison service whether the letter had actually been sent.
She put the matter back to October 24 and told Penrose that his new solicitor should be in court on that date. She said the matter would be given priority so that the “earliest possible date” could be set for the appeal hearing.
“I’m eight years in custody on this charge. I’m as eager as anyone to have it heard,” Penrose replied.
The prosecution’s case at trial was that Penrose murdered Mr Finnegan shortly after he was seen leaving the garage in the 42-year-old’s blue Alfa Romeo car, which had a distinctive dark-coloured bonnet and alloy wheels. CCTV footage showed two people travelling in the car past Grangewest in Co Kildare and in the direction of Rahin Woods at 4.10pm that day. The same blue car was next seen on CCTV footage at 5.13pm at Balrinnet in Co. Kildare, which is a short distance to the east of Rahin Woods. The prosecution case was that Mr Finnegan went into Rahin Woods with Penrose after 4.10pm, where he met his “gruesome death” in that one-hour interval.
Assistant State Pathologist Dr Margaret Bolster testified that the decapitated remains of Mr Finnegan were found curled up in a foetal position in the grave and attempts had been made to burn his body. In the expert witness’s view, Mr Finnegan’s death was caused by multiple stab wounds to the body, including two fatal ones to his liver and aorta.
Penrose, who had previously refused to call evidence in his defence or to give a closing speech, had asked not to be present in the courtroom for the verdict.
It was Penrose’s second time to stand trial for murder. In 2010, a Central Criminal Court jury found the killer not guilty of murder but guilty of manslaughter after he admitted stabbing David Sharkey (28) to death in Navan following a row over drugs and then putting the body in the boot of a car. He was sentenced to nine years in prison for that offence.