Courts / Cork / Report
Rita O'Driscoll appeals murder conviction on basis of chief witness evidence
Summary
In November 2021 the Court of Appeal heard an appeal by Rita O'Driscoll, aged 49, who had been convicted of murdering her former husband, Timothy 'Timmy' Foley, in October 2018. O'Driscoll's appeal argues that the trial judge erred by allowing the prosecution's chief witness, Jason Foley, to give evidence via video‑link and an intermediary. Jason Foley, who suffered an acquired brain injury in 2010, was introduced to the jury as a GP rather than an expert. O'Driscoll's counsel contended that the jury was misled into seeing Foley as a vulnerable witness, while the State's counsel maintained that Foley's intellectual disability was known to the jury and that the remote testimony did not distort the witness's appearance. The court reserved judgment on the matter. The appeal does not address the conviction itself, which remains a mandatory life sentence.
Who, what, where, when and why
What: Report matter: Rita O'Driscoll appeals murder conviction on basis of chief witness evidence. Procedural stage: appeal. Findings: Convicted
When:
- October 2020 Hearing Or Sentence
- October 8, 2018 Incident
- 2021-11-12 Publication
Why: Jason Foley needed assistance when attending his GP, Ms Lankford said, and the jury did not get a "distorted view" of the witness just because he was allowed to give his evidence remotely and with the help of an intermediary. CNI source report
Case subjects
Applicant
Appellant
Finding: Convicted
Outcome: Convicted; Although O'Driscoll claimed she had been acting in self-defence, the jury's guilty verdict was unanimous and she was given a mandatory life sentence for the offence which took place on October 8, 2018.
Places mentioned
- Court of Appeal
- Central Criminal Court
- Dan Corkery Place
Topics
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