Courts / Cork / Report

Judge's failure to respond "Yes" to jury question leads to murder retrial

Summary

The Court of Appeal ordered a retrial for Romanian national Ciprian Grozavu (42) after finding that the trial judge should have simply answered "yes" to a jury question. Grozavu had pleaded not guilty to the murder of Mr Duke on 12 November 2011 and was convicted of that murder by a jury at the Central Criminal Court, receiving a mandatory life sentence on 17 July 2013. During the trial, the jury asked the judge whether they could find one defendant guilty of murder without prejudicing the verdict in the case of the other defendant, referring to his girlfriend Catherine O'Connor (40). The judge replied that he was only concerned with Grozavu's case, a response the Court of Appeal deemed "of concern" and likely to have confused the jury. The Court therefore set aside the murder verdict and directed a retrial. Grozavu has also appealed his conviction for the murder of John Forrester.

Who, what, where, when and why

What: Report matter: Judge's failure to respond "Yes" to jury question leads to murder retrial. Charges or matters: the murder of Mr Duke at Bridge House, Bandon on November 12, 2011; Mr Duke's murder by a jury at the Central Criminal Court and was given the mandatory life sentence by Mr Justice Paul Carney on July 17, 2013. Procedural stage: appeal. Findings: Found guilty

When:

• November 12, 2011 Other
• November 13, 2011 Other
• July 17, 2013 Hearing Or Sentence
• 2016-07-25 Publication

Why: Mr Justice Edwards said it may have prompted the jury to withhold an intended verdict of manslaughter, or, as may be more likely abandon further deliberation in relation to manslaughter because of their perception that a verdict of manslaughter might prove detrimental to the successful prosecution of Ms O'Connor for murder. Prosecution account reported by CNI

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report