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NI man whose conviction for murdering his pregnant ex-girlfriend was quashed seeks to stop second retrial
Summary
Stephen Cahoon, a 42-year-old man from Derry, Northern Ireland, is seeking to prevent a second retrial for the alleged murder of his pregnant ex-girlfriend, Jean Teresa Quigley. Cahoon admitted strangling Quigley in 2008 but denied the charge of murder. His initial conviction was quashed by the Court of Appeal in March after the court found that the trial judge misdirected the jury regarding the defence of provocation. The Court of Appeal, led by President Mr Justice Seán Ryan, ruled that the judge's error was a mistake on a central point of the case, leading to the quashing of the conviction and an order for a retrial. Cahoon, who was previously sentenced to life imprisonment by Mr Justice Barry White in 2012, is now in custody. His counsel, Niall Flynn BL, argued that a third trial would be unfair given he has already served six years in custody. The Director of Public Prosecutions, represented by Patrick Marrinan SC, expressed urgency to fix a trial date but did not object to Cahoon's application. Mr Justice Garrett Sheehan fixed a hearing for July 20 to consider whether a third trial should proceed. The matter remains at the appeal stage, with the outcome of the application pending.
Who, what, where, when and why
What: Report matter: NI man whose conviction for murdering his pregnant ex-girlfriend was quashed seeks to stop second retrial. Charges or matters: murder. Procedural stage: appeal
When:
- July 26, 2008 Hearing Or Sentence
- April 30 2012 Hearing Or Sentence
- July 20 Hearing Or Sentence
- 2015-05-21 Publication
Why: Mr Justice White had told the jury, Mr O'Higgins said, that the concept of provocation could not involve intention because a person is not a master of their own mind when they lose self control. CNI source report
Case subjects
Appellant
Charges: murder (Alleged Or Contested)
Outcome: A jury of seven women and five men unanimously found him guilty of murder at the Central Criminal Court on April 30 2012 and he was immediately sentenced to life imprisonment by Mr Justice Barry White.; quashed
Places mentioned
- Court of Appeal
- Central Criminal Court
- Special Criminal Court
- Harvey Street
- Magherafelt
Topics
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