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Court quashes conviction of man for murdering man he suspected was having an affair with his wife
Summary
In a 2014 decision, the Court of Criminal Appeal quashed the life‑sentence of a 33‑year‑old man who had murdered a man he believed was having an affair with his wife. The appeal court found that the trial judge had incorrectly explained the law on provocation to the jury, creating a "very real risk of injustice." The judge had been asked to recharge the jury on the provocation question, but the court was not satisfied that this was adequately remedied. Consequently, the conviction was overturned and a retrial was ordered. The man, who had previously been sentenced to seven years for serious injury to his wife and two years for assault, was remanded in custody pending the next Central Criminal Court hearing. The case involved the murder of a 32‑year‑old man, Muhammad Arif, on 7 January 2011, and the alleged stabbing of Rashida Bibi Haider, who survived after surgery. The unnamed 33-year-old pleaded not guilty.
Who, what, where, when and why
What: Report matter: Court quashes conviction of man for murdering man he suspected was having an affair with his wife. Charges or matters: murdering his wife's cousin and his own distant relative, Muhammad Arif (32), on January 7, 2011. Procedural stage: sentence
When:
- July 2012 Hearing Or Sentence
- January 7, 2011 Incident
- January 6, 2011 Incident
- December 2010 Hearing Or Sentence
- 2014-07-28 Publication
Case subjects
Convicted Person
Charges: murdering his wife's cousin and his own distant relative, Muhammad Arif (32), on January 7, 2011 (Alleged Or Contested)
Plea: Not guilty
Outcome: (Pictured: Mr Justice Frank Clarke, who delivered the judgement of the Court of Criminal Appeal today) The Court of Criminal Appeal has quashed the conviction and ordered the retrial of a 33-year-old man who was jailed for life for murdering the man he suspected of having an affair with his wife. In July 2012 Mr Hussain, with a last address of Woodland Avenue, Mosney, Co Meath, was also sentenced to seven years for seriously injuring his wife and two years for assaulting her.
Places mentioned
- Woodland Avenue
- Central Criminal Court
- Dyer Street
Topics
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