John-Paul Cawley won murder appeal and faces retrial

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

John-Paul Cawley successfully appealed his murder conviction at the Court of Appeal on 18 May 2015 and was ordered a Central Criminal Court retrial. The proceedings were reported on 18 May 2015.

Cawley and Wenio Rodriguez Da Silva pleaded not guilty to murder. The charge concerned the murder of Bruno Lemes de Sousa at Shronowen Bog, Listowel, Co Kerry, between 16 and 17 February 2012. Cawley had pleaded guilty to manslaughter, but the prosecution did not accept that plea.

A jury at a Kerry sitting of the Central Criminal Court found both men guilty of murder, and Mr Justice Garrett Sheehan imposed mandatory life sentences on 22 May 2013.

Da Silva’s appeal was dismissed and his life sentence remained in place.

Cawley’s sole appeal ground concerned the trial judge’s directions on the burden of proof. The Court of Appeal explained that the statutory presumption that a person intends the natural and probable consequences of their actions can be rebutted. The prosecution had to prove beyond reasonable doubt that the presumption had not been rebutted; Cawley did not have to prove anything.

The trial judge had explained the presumption and given general directions about the prosecution’s burden, but had not adequately explained that specific obligation. The appeal court found those general directions insufficient. There was some evidence capable of rebutting the presumption, requiring the jury to consider whether the prosecution had proved beyond reasonable doubt that it had not been rebutted.

Mr Justice John Edwards, sitting with Mr Justice Sean Ryan and Ms Justice Mary Finlay Geoghegan, ordered the retrial. Cawley was remanded in custody to appear before the next Central Criminal Court list to fix dates.