Courts / Kerry / Report
Retrial ordered for one man jailed for life for body-in-bog murder after successful appeal
Summary
The Court of Appeal has ordered a retrial for John-Paul Cawley following his successful appeal against a murder conviction, while the appeal of Wenio Rodriguez Da Silva was dismissed. Both men had pleaded not guilty to the murder of Bruno Lemes De Sousa at Shronowen Bog, Listowel, between February 16 and 17, 2012. Cawley had also pleaded guilty to manslaughter, a plea not accepted by the prosecution. A jury at the Central Criminal Court found both men guilty of murder, and Mr Justice Garrett Sheehan sentenced them to mandatory life terms on May 22, 2013. The Court of Appeal, led by Mr Justice John Edwards, found that the trial judge erred in failing to adequately direct the jury on the onus of proof regarding the statutory presumption of intent. The court ruled that the prosecution bore the burden of proving beyond reasonable doubt that this presumption had not been rebutted, a point not sufficiently explained to the jury. Consequently, Cawley's conviction was quashed, and he was remanded in custody to appear before the next list to fix dates for his Central Criminal Court retrial. Da Silva's appeal was dismissed, and his life sentence remains in effect.
Who, what, where, when and why
What: Report matter: Retrial ordered for one man jailed for life for body-in-bog murder after successful appeal. Charges or matters: the murder of Bruno Lemes De Sousa at Shronowen Bog, Listowel between February 16 and 17 2012; manslaughter but this was not accepted by the prosecution. Procedural stage: appeal
When:
- February 16 Hearing Or Sentence
- May 22 2013 Hearing Or Sentence
- February 16 2012 Other
- 2015-05-18 Publication
Case subjects
Appellant
Charges: the murder of Bruno Lemes De Sousa at Shronowen Bog, Listowel between February 16 and 17 2012; manslaughter but this was not accepted by the prosecution (Alleged Or Contested)
Plea: Not guilty
Outcome: A jury at a Kerry sitting of the Central Criminal Court found both men guilty of murder and they were each given the mandatory life sentence by Mr Justice Garrett Sheehan on May 22 2013. Mr Cawley successfully appealed his conviction today and faces a Central Criminal Court retrial, while Da Silva lost his appeal and his life sentence still stands.; Mr Cawley was remanded in custody to appear before the next list to fix dates in the Central Criminal Court.
Appellant
Charges: the murder of Bruno Lemes De Sousa at Shronowen Bog, Listowel between February 16 and 17 2012; manslaughter but this was not accepted by the prosecution (Alleged Or Contested)
Plea: Not guilty
Outcome: A jury at a Kerry sitting of the Central Criminal Court found both men guilty of murder and they were each given the mandatory life sentence by Mr Justice Garrett Sheehan on May 22 2013. Mr Cawley successfully appealed his conviction today and faces a Central Criminal Court retrial, while Da Silva lost his appeal and his life sentence still stands.; Mr Cawley was remanded in custody to appear before the next list to fix dates in the Central Criminal Court.
Places mentioned
- Central Criminal Court
- Court of Appeal
Topics
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