Noel Hayes and William O’Leary convictions set aside in forgery case

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Noel Hayes and William O’Leary had their forgery convictions set aside by the Court of Criminal Appeal in a judgment delivered on 31 January 2014 by Mr Justice Clarke.

They had been convicted at Wexford Circuit Court on 29 January 2013 of forging a document purporting to be a will in the name of Matthew Hayes. The DPP accepted that the convictions required setting aside after a document that was not evidence was allowed into the jury room, and both men opposed a retrial.

The Court nevertheless held that the balance of justice favoured directing a retrial, taking account of the seriousness of the alleged offences, the lapse of time and the absence of specific prejudice.