Courts / Cork / Report
Court wants submissions on intent in rubbish chute murder case
Summary
The Court of Appeal has requested written submissions from the prosecution and defence on whether David O'Loughlin, 33, had the intent required for murder when he threw Liam Manley, a vulnerable homeless man with an alcohol dependency, down a 40‑ft rubbish chute. O'Loughlin was convicted of murder in 2013 and retried in 2019 after his first conviction was overturned because the jury had visited the chute and possibly thrown a stone down it. The appeal concerns whether the jury should have been discharged for visiting the chute. O'Loughlin's counsel argues the act was intended to give a "soft landing" and that the chute's blockage made it a death trap, suggesting manslaughter rather than murder. The DPP maintains that O'Loughlin was aware of the chute's danger and that his actions contributed significantly to Manley's death. The Court of Appeal has reserved judgment.
Who, what, where, when and why
What: Report matter: Court wants submissions on intent in rubbish chute murder case. Charges or matters: murdering Mr Manley on May 12, 2013 following a retrial at the Central Criminal Court in January 2019. Procedural stage: appeal. Findings: Convicted
When:
- May 12, 2013 Hearing Or Sentence
- January 2019 Hearing Or Sentence
- February 2018 Hearing Or Sentence
- March 2015 Hearing Or Sentence
- 2021-02-04 Publication
Why: He was tried twice because his first conviction was overturned by the Court of Appeal after they heard that the jury had visited the scene of the murder and had possibly carried out their own experiment by throwing a stone down the chute. CNI source report
Case subjects
Appellant
Charges: murdering Mr Manley on May 12, 2013 following a retrial at the Central Criminal Court in January 2019 (Proven)
Finding: Convicted
Outcome: Convicted; On that occasion, the court quashed the mandatory life sentence handed down to O'Loughlin on the basis that the jury should have been discharged after it had been given permission to visit the chute, where one juror had thrown a stone down it.
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