Judgment: 2022-01-17 · Court archive

Court of Appeal dismisses murder conviction appeal over witness safeguards

The court upheld rulings allowing a key prosecution witness to testify by video link and with an intermediary’s assistance, finding those measures open to the trial judge on the evidence.

Court of Appeal · [205/20]

Who, what, where, when and why

Who
  • Rita O’Driscoll (Appellant)
  • Timmy Foley
  • Jason Foley
What

The court upheld rulings allowing a key prosecution witness to testify by video link and with an intermediary’s assistance, finding those measures open to the trial judge on the evidence.

Where

Places mentioned in the report

  • 12 Dan Corkery Place
  • Macroom
When

Judgment:

Other dates in the report
  • 28 October 2020; 8 October 2018

    O’Driscoll was convicted on 28 October 2020 of murdering Timmy Foley at 12 Dan Corkery Place, Macroom, on 8 October 2018. She was acquitted of a separate charge of assaulting Jason Foley, the deceased’s brother. The appeal proceeded on two linked grounds: that permitting Jason Foley to testify by video link and with an intermediary made the trial unfair and unsatisfactory.

Why

Reasons reported in the judgment

The trial judge found that Jason Foley’s medical profile came within the statutory definition of a mental disorder and that the interests of justice supported an intermediary. She also granted the video-link application, finding no prejudice to the accused. The intermediary’s role was to flag possible confusion and request that counsel reformulate questions; the intermediary did not put any question herself.

The Court of Appeal has dismissed Rita O’Driscoll’s appeal against her conviction for the murder of her former husband, Timmy Foley, upholding the trial judge’s decisions to let a key prosecution witness give evidence by video link and with an intermediary’s assistance.

O’Driscoll was convicted on 28 October 2020 of murdering Timmy Foley at 12 Dan Corkery Place, Macroom, on 8 October 2018. She was acquitted of a separate charge of assaulting Jason Foley, the deceased’s brother. The appeal proceeded on two linked grounds: that permitting Jason Foley to testify by video link and with an intermediary made the trial unfair and unsatisfactory.

The prosecution’s evidence was that O’Driscoll visited the house on 7 October 2018 and that, after alcohol had been consumed, a fracas took place in the early hours of the next morning. Timmy Foley died from knife wounds and Jason Foley was also seriously injured. O’Driscoll was acquitted of the charge concerning Jason Foley; the appeal judgment addressed the witness arrangements, not a fresh determination of the trial evidence.

At trial, a general practitioner described Jason Foley’s serious brain injuries, their effects on his speech and comprehension, and his need for ongoing daily support. A speech and language therapist who was a registered intermediary said he processed information slowly, could struggle with multi-part questions and might benefit from questions being rephrased. The defence challenged the applications, pointing to his previous dealings with Gardaí and the legal system and arguing that video evidence would prejudice O’Driscoll’s ability to confront the witness.

The trial judge found that Jason Foley’s medical profile came within the statutory definition of a mental disorder and that the interests of justice supported an intermediary. She also granted the video-link application, finding no prejudice to the accused. The intermediary’s role was to flag possible confusion and request that counsel reformulate questions; the intermediary did not put any question herself.

The Court of Appeal said the evidence justified the trial judge’s conclusions about Jason Foley’s disability and the effect stress in court could have on his ability to understand and answer questions. It held that the same evidence supported both the video-link and intermediary decisions, and that the rulings were open to the trial judge. The court dismissed the appeal. The murder conviction therefore remained in place.

Read the original court judgment

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