Courts / Dublin / Report

Joe O'Reilly's miscarriage of justice bid dismissed before hearing

Summary

The Court of Appeal has dismissed Joe O'Reilly's application to have his conviction for the murder of his wife declared a miscarriage of justice, ruling the bid an abuse of process. The 42-year-old appellant was found guilty by a Central Criminal Court jury in July 2007 and sentenced to life imprisonment for the murder of his wife at their home in the Naul, Co. Dublin. The three-judge panel, led by Mr Justice George Birmingham, agreed with the Director of Public Prosecutions that O'Reilly's application, based on events during his trial where a portion of the book of evidence was found in the jury room, was an unacceptable strategy to raise after his earlier appeal. The court noted that O'Reilly was fully informed and engaged with the issue at the time, having instructed his legal team not to discharge the jury. Consequently, his application under section 2 of the Criminal Procedure Act will not proceed to a full hearing. This decision follows O'Reilly's failed appeal against conviction in 2009 and a subsequent unsuccessful attempt to quash his conviction in 2012. Rachel O'Reilly's mother, Rose Callaly, expressed relief at the outcome, stating the family was thrilled to have continued to receive justice.

Who, what, where, when and why

What: Report matter: Joe O'Reilly's miscarriage of justice bid dismissed before hearing. Procedural stage: appeal. Findings: Found guilty

When:

• July 2007 Hearing Or Sentence
• October 4 2004 Hearing Or Sentence
• August 2012 Hearing Or Sentence
• November 2012 Hearing Or Sentence
• 2015-05-11 Publication

Why: " Counsels' submissions Counsel for the Director of Public Prosecutions, Brendan Grehan SC, had asked the Court of Appeal 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

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report