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O'Reilly's miscarriage of justice bid an "abuse of process", appeal court told
Summary
In March 2015 the Court of Appeal considered whether Joe O'Reilly could have his 2007 murder conviction declared a miscarriage of justice. O'Reilly, 42 at the time of the trial, was convicted of killing his wife in their Naul home and sentenced to life imprisonment. He applied under Section 2 of the Criminal Procedure Act 1993, claiming that a portion of the book of evidence had been left in the jury room during the trial, potentially compromising the jury's impartiality. The Director of Public Prosecutions argued the application was an abuse of process, as no new facts had emerged and no attempt had been made to discharge the jury. O'Reilly's counsel contended the case was stateable, citing the lack of inquiry into how the evidence entered the jury room and whether jurors had read it. The Court of Appeal reserved judgment, to be decided as soon as possible, following O'Reilly's earlier unsuccessful appeals in 2009 and 2012.
Who, what, where, when and why
What: Report matter: O'Reilly's miscarriage of justice bid an "abuse of process", appeal court told. Procedural stage: appeal. Findings: Convicted
When:
- July 2007 Hearing Or Sentence
- October 4, 2004 Hearing Or Sentence
- August 2012 Hearing Or Sentence
- November 2012 Other
- 2015-03-03 Publication
Why: However, counsel for the Director of Public Prosecutions, Brendan Grehan SC, asked the Court of Appeal today to dismiss O'Reilly's application as an "abuse of process" because it was not based on any new or newly discovered facts as required under the Act. Prosecution account reported by CNI
Case subjects
Convicted Person
Finding: Convicted
Outcome: Convicted; In July 2007 Joe O'Reilly was convicted by a Central Criminal Court jury and sentenced to life imprisonment for the murder of his wife at their home in the Naul, Co. O'Reilly lost an appeal against conviction in 2009 while in August 2012 he failed in a subsequent attempt to have his conviction quashed after arguing his detention in the Midlands Prison was unlawful.
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