Courts / Cork / Report
Jury should not have visited refuse chute where man was thrown, murder appeal told
Summary
In 2015, David O'Loughlin, aged 30, was convicted of murder after he placed Liam Manley, 59, in a refuse chute at Garden City Apartments, Cork, where Manley died by asphyxiation. O'Loughlin appealed, arguing that the jury should not have visited the chute before delivering the verdict. The Court of Appeal heard that the jury, at its own request, visited the chute during deliberations and even threw a stone down it, an act the defence claimed introduced new evidence. O'Loughlin's counsel, Michael O'Higgins SC, contended that the jury's visit was unlawful and that the death was not a foreseeable consequence of the act. The prosecution's counsel, Seán Gillane SC, maintained that the act was an assault and that the jury had statutory authority to visit the site. The court noted the visit occurred without either party's presence and reserved judgment. David O'Loughlin pleaded not guilty.
Who, what, where, when and why
What: Report matter: Jury should not have visited refuse chute where man was thrown, murder appeal told. Charges or matters: the murder of Liam Manley (59) at his apartment complex in the city on May 12th 2013. Procedural stage: appeal
When:
- May 12th 2013 Hearing Or Sentence
- March 31, 2015 Hearing Or Sentence
- 2017-10-24 Publication
Why: He also asked how they could say they did not need to be there because it wasn't pivotal to the decision. CNI source report
Case subjects
Appellant
Charges: the murder of Liam Manley (59) at his apartment complex in the city on May 12th 2013 (Alleged Or Contested)
Plea: Not guilty
Outcome: A Central Criminal Court jury sitting in Cork found O'Loughlin guilty of murder and he was accordingly given the mandatory life sentence by Mr Justice Paul Carney on March 31, 2015.
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