The Court of Appeal has dismissed Darren Murphy’s appeal against his 2018 conviction for the murder of Olivia Dunlea, rejecting challenges to the admission of bad character evidence and the trial judge’s directions on provocation.
Murphy was convicted by a unanimous jury at the Central Criminal Court on 15 June 2018 after a nine-day trial and sentenced to life imprisonment. It was the third trial arising from Dunlea’s death. An earlier murder conviction in 2014 had been overturned on appeal in 2015, and a second trial in 2017 ended without a verdict.
Dunlea was killed at her home in Passage West, County Cork, on 17 February 2013. The judgment said a fire broke out there at about 1.20am. A post-mortem examination found six stab wounds, and the State Pathologist attributed death to a combination of the neck wounds and inhalation of fire fumes.
Murphy admitted killing Dunlea during Garda interviews, according to the judgment. He said an argument concerned a former boyfriend, and that he lost control and stabbed her. He also said he started fires in the house because he did not want her children to find her. These were his account of events, as recorded in the judgment.
The appeal challenged the trial judge’s decision to allow evidence from Murphy’s former girlfriend, Melissa Keane. The proposed evidence included allegations of repeated calls after their relationship ended and an incident in which a bottle was thrown in her direction. The prosecution argued that the evidence could answer the defence’s cross-examination of a witness who described Murphy as a “gentle giant” and a “great neighbour.” The defence objected, arguing that the proposed evidence was unfair and concerned events from years earlier.
The trial judge admitted the evidence, finding it relevant and concluding that its prejudicial effect did not outweigh its probative value. The Court of Appeal held that, after the defence had introduced evidence portraying Murphy’s character in a particular way, the prosecution was entitled to seek to present evidence it said gave the jury a fuller picture.
The appeal also argued that the jury had not been given adequate directions on provocation, including that parts of the charge risked an objective approach. The appeal court read the charge as a whole and found it clearly directed the jury to consider Murphy’s subjective state of mind. It was also significant to the court that no objections to the charge had been raised at trial.
The court was not persuaded by either ground and dismissed the appeal. The 2018 conviction and life sentence therefore remain in place.