Courts / Waterford / Report
Trial judge was entitled to comment on evidence, court holds
Summary
Patrick Keating, 51, was convicted of murdering Joe O'Brien in Waterford in 2012 and sentenced to life imprisonment by Mr Justice Patrick McCarthy in 2013. He appealed, arguing the trial judge had reversed the burden of proof. The Court of Appeal dismissed the appeal, ruling that the judge was entitled to comment on evidence and that any inadequacies were rectified after requisitions. The judge had instructed the jury that where two views were possible, they should hold the view most favourable to the accused, and that the absence of medical evidence regarding a skull fracture was a matter for experts, not for the jury to decide. The Court found no error in the judge's approach and no unfairness in the charge. Consequently, Keating's appeal was dismissed. The case involved conflicting witness testimony about a skull fracture, but the judge's instructions were upheld as adequate. Patrick Keating pleaded not guilty.
Who, what, where, when and why
What: Report matter: Trial judge was entitled to comment on evidence, court holds. Charges or matters: the murder of Joe O'Brien at an apartment on William St, Waterford on April 23, 2012; manslaughter. Procedural stage: appeal
When:
- April 23, 2012 Hearing Or Sentence
- October 18, 2013 Hearing Or Sentence
- 2016-07-27 Publication
Case subjects
Appellant
Charges: the murder of Joe O'Brien at an apartment on William St, Waterford on April 23, 2012; manslaughter (Alleged Or Contested)
Plea: Not guilty
Outcome: A jury at the Central Criminal Court sitting in Waterford found him guilty and he was given the mandatory life sentence by Mr Justice Patrick McCarthy on October 18, 2013.
Places mentioned
- Moyne House
- Waterford
- Appeal's view
- Central Criminal Court
- Court of Appeal
Topics
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