Courts / Kilkenny / Report

"Cold case" killer has conviction upheld

Date
2018-04-19

Stage
Appeal

Primary locality
Kilkenny

Summary

John Joseph Malone, aged 54, was found guilty of murdering 69‑year‑old Ann 'Nancy' Smyth in 1987 and received a mandatory life sentence in 2017. The Court of Appeal upheld his conviction in 2018, ruling that the trial was fair despite a 27‑year delay. Malone had confessed to the killing to several people over the years, including his brother, former wife, and others in a Presbyterian Bible group. Witnesses testified that he had been present at the scene, had a heated argument with Mrs Smyth, and had admitted to strangling her. The appeal court noted that sufficient witnesses were available and that the delay did not unduly prejudice Malone's defence. The judgment was delivered without Malone's reaction. The case remains a cold case that was reopened after new confession evidence surfaced. John Joseph Malone pleaded not guilty.

Who, what, where, when and why

What: Report matter: "Cold case" killer has conviction upheld. 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: appeal

When:

September 11, 1987 Hearing Or Sentence
April 13, 2017 Hearing Or Sentence
September 11th Other
2018-04-19 Publication

Case subjects

John Joseph Malone

Accused

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: Malone was unanimously found guilty by a jury following three hours and 26 minutes of deliberations and was given the mandatory life sentence by Mr Justice Patrick McCarthy on April 13, 2017.