Courts / Kilkenny / Report

"Cold case" killer brings appeal against 1987 murder conviction

Date
2018-02-05

Stage
Sentence

Primary locality
Kilkenny City

Summary

John Joseph Malone, aged 54, was convicted of murdering 69‑year‑old Ann 'Nancy' Smyth in Kilkenny on 11 September 1987 and sentenced to life imprisonment. The conviction followed a Central Criminal Court jury's unanimous decision after 3 h 26 min of deliberation. Malone had pleaded not guilty. The case was reopened as a cold‑case investigation in 2012 after new witness statements and confessions emerged. Malone's appeal, filed on the ground that the trial judge should have withdrawn the case at the close of the prosecution's case, focuses on the credibility of Geraldine Brennan's 2013 statement, which differs from her 1987 statement. The appeal is pending; the court has reserved judgment. No new verdict or outcome is reported in the article.

Who, what, where, when and why

What: Report matter: "Cold case" killer brings appeal against 1987 murder conviction. Charges or matters: the murder of 69-year-old Ann 'Nancy' Smyth at her home on Wolfe Tone Street, Kilkenny on September 11, 1987. Procedural stage: sentence

When:

September 11, 1987 Hearing Or Sentence
September 11 Other
2018-02-05 Publication

Why: Ms Brennan stated that her father told her not to get involved and to get into the house because "the Malone fella" would come down to their house, Mr Gillane said. CNI source report

Case subjects

John Joseph Malone

Convicted Person

Charges: the murder of 69-year-old Ann 'Nancy' Smyth at her home on Wolfe Tone Street, Kilkenny on September 11, 1987 (Alleged Or Contested)

Plea: Not guilty

Outcome: He was unanimously found guilty by a Central Criminal Court jury following three hours and 26 minutes of deliberating and accordingly given the mandatory life sentence by Mr Justice Patrick McCarthy last April.