Courts / Dublin / Report

Joe O'Reilly to take miscarriage of justice bid to Supreme Court

Date
2016-03-18
Stage
Appeal
Primary locality
Naul
County
Dublin

Summary

Joe O'Reilly is seeking Supreme Court permission to appeal the Court of Appeal's dismissal of his miscarriage‑of‑justice application. In July 2007, a Central Criminal Court jury convicted him of murdering his wife, Rachel, and sentenced him to life imprisonment. O'Reilly's earlier appeal in 2009 failed, and a 2012 attempt to quash the conviction on the basis of unlawful detention was also dismissed. In November 2012 he obtained legal aid to pursue a miscarriage‑of‑justice claim under Section 2 of the Criminal Procedure Act, but the Court of Appeal ruled it an abuse of process, citing no new facts. The Court of Appeal, presided over by Justices Birmingham, Ryan and Edwards, dismissed the application, noting that the alleged evidence mishap had occurred during the original trial and that O'Reilly had been fully informed at the time.

Who, what, where, when and why

What: Report matter: Joe O'Reilly to take miscarriage of justice bid to Supreme Court. Procedural stage: appeal

When:

Why: 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

Places mentioned

Court Venue
  • Supreme Court
  • Central Criminal Court
  • Court of Appeal
Secondary Mention
Facility
  • Midlands Prison

Topics

Stage Appeal

Related court reports

Read the original CNI report

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