A Lithuanian man convicted of a double murder in Killorglin has failed in his bid to appeal his conviction.
30-year-old Aurimas Andruska of Ardmoniel Heights, Killorglin had pleaded not guilty to the murder of Jolanta Lubiene and her eight-year-old daughter Enrika between June 15th and 17th 2013.
The bodies of the 27-year-old and her daughter were discovered in their home in Langford Downs, Killorglin.
In November 2014, Aurimas Andruska was given two life sentences by Mr Justice Patrick McCarthy after being convicted by a jury at the Central Criminal Court sitting in Kerry.
Mr Andruska moved to appeal this conviction at the Court of Appeal but it was dismissed on all grounds and the conviction was upheld.
Giving judgment in the three-judge court, Mr Justice George Birmingham said it appeared Gardaí initially didn’t have a suspect and they asked those living in the area to complete a questionnaire and to provide saliva samples as well as fingerprints for “elimination purposes”; over 60 people took part.
Senior Counsel for Mr Andruska, Brendan Grehan said the principal ground of appeal related to how samples were taken from his client following an encounter with Gardai on a roadside.
As English was not his first language it was alleged Gardai hadn’t taken sufficient measures to clarify this was a voluntary process.
The trial judge had been satisified that Mr Andruska was fully aware he had a choice and the Court of Appeal said it was not in a position to overturn that.
The court also dismissed a claim that a Garda fingerprint expert went beyond his remit.
An inquest into the deaths of Jolanta Lubiene and her daughter Enrika has been unable to proceed while the appeal has been pending.