Courts / Ireland / Report

Case of father jailed for 16 years for murder of child not a miscarriage of justice, DPP says

Summary

At the Court of Appeal, the DPP is appealing the award of a Miscarriage of Justice certificate to a man who was found not guilty by reason of insanity of the murder of his infant child. The 20-month-old boy died on April 17, 2001, after being found non-responsive in the father's apartment. The now 47-year-old man was initially found guilty of murder in 2003 but had his conviction quashed in 2019 after being diagnosed with paranoid schizophrenia. The retrial heard evidence from four consultant psychiatrists confirming the man's schizophrenia diagnosis in 2001. The DPP argues that the new diagnosis does not constitute a 'newly-discovered fact' and that the criteria for the certificate were not met. Counsel for the State, Mr Brendan Grehan SC, stated that the diagnosis was a 'reappraisal' of medical evidence and that the original trial's evidence was 'honest and expertly' delivered. Responding for the appellant, Mr Barry White SC argued that his client was wrongly jailed for 16 years and that the retrial jury found him not guilty by reason of insanity within ten minutes. The matter was adjourned as the court will reserve its position following the review of significant documentation.

Who, what, where, when and why

What: Report matter: Case of father jailed for 16 years for murder of child not a miscarriage of justice, DPP says. Procedural stage: appeal

When:

• April 17, 2001 Hearing Or Sentence
• February 13, 2019 Hearing Or Sentence
• November 1999 Hearing Or Sentence
• April 2001 Other
• November 5, 2001 Hearing Or Sentence
• 2021-04-29 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

Read the original CNI report