Cawley wins murder appeal as Da Silva loses

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

John-Paul Cawley successfully appealed his murder conviction at the Court of Appeal on 18 May 2015 and was ordered to face a retrial. Wenio Rodriguez Da Silva’s appeal was dismissed and his mandatory life sentence remained in place. The proceedings were reported on 18 May 2015.

Both men pleaded not guilty to the murder of Bruno Lemes de Sousa. Cawley had pleaded guilty to manslaughter, but the prosecution did not accept that plea.

The murder charge concerned Shronowen Bog, Listowel, between 16 and 17 February 2012. A jury at a Kerry sitting of the Central Criminal Court found both men guilty of murder. Mr Justice Garrett Sheehan imposed mandatory life sentences on both men on 22 May 2013.

Cawley’s sole appeal ground concerned the trial judge’s directions on the burden of proof. The Court of Appeal explained that the statutory presumption that a person intends the natural and probable consequences of their actions can be rebutted.

The court found that the jury should have been told that the prosecution had to prove beyond reasonable doubt that the presumption had not been rebutted. General directions that the burden of proof rested with the prosecution were insufficient. The judgment said there was some evidence capable of rebutting the presumption and the jury needed to consider that issue.

Mr Justice John Edwards, sitting with Mr Justice Sean Ryan and Ms Justice Mary Finlay Geoghegan, ordered Cawley’s retrial. Cawley was remanded in custody to appear before the next Central Criminal Court list to fix dates. Mr Justice John Edwards said the court had not upheld any of Da Silva’s grounds of appeal.