Courts / Ireland / Report

Barrister in bid to have conviction for head-butting creche worker declared 'miscarriage of justice'

Summary

In December 2021, Michael Waters, a 49‑year‑old barrister from Belfast, petitioned the Court of Appeal to quash a 2013 assault conviction in which he was found guilty of head‑butting a creche manager, Marian Wallace, on 4 January 2012. The original conviction carried a suspended three‑year sentence and was upheld by the Court of Appeal in June 2017. Waters' motion, filed under Section 2 of the Criminal Procedures Act 1992, claimed newly discovered facts and sought a "miscarriage of justice" certification. Judge John Edwards responded that the judgment had been made in 2017 and that any objection should have been raised then, not four years later. He told Waters that all facts were known at the time and that he must provide an affidavit detailing any new evidence. The case was adjourned to February, with the judge giving Waters two months to submit his evidence. The motion was not granted.

Who, what, where, when and why

What: Report matter: Barrister in bid to have conviction for head-butting creche worker declared 'miscarriage of justice'. Procedural stage: appeal. Findings: Found guilty

When:

• October 2013 Hearing Or Sentence
• January 4th, 2012 Incident
• June 2017 Incident
• 2021-12-10 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

Read the original CNI report