Rita O'Driscoll’s murder conviction appeal dismissed

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

Rita O'Driscoll’s appeal against her murder conviction was dismissed by the Court of Appeal. Birmingham P. delivered the court’s judgment on 17 January 2022.

She was convicted of murder on 28 October 2020 following a trial in the Central Criminal Court. The murder charge concerned the killing of her former husband, Timmy Foley, on 8 October 2018 at 12 Dan Corkery Place, Macroom, County Cork.

She was acquitted of a separate assault count under section 4 of the Non-Fatal Offences Against the Person Act 1997 involving Jason Foley, Timmy Foley’s brother. That charge concerned the same occasion and location. Her appeal concerned the murder conviction.

The appeal challenged the trial judge’s decisions to allow Jason Foley, the principal prosecution witness, to give evidence by video link and with an intermediary. It argued that these measures rendered the trial unfair and unsatisfactory.

The court accepted defence counsel’s distinction between a brain injury and a mental disorder, including that one could occur without the other. However, it found that evidence of physical trauma and subsequent limitations on Jason Foley’s comprehension and articulation entitled the trial judge to conclude that he had a mental disability. The evidence about his impaired ability to answer questions in court justified the video link and intermediary.

The intermediary’s role was to intervene over possible confusion or lack of comprehension and request that counsel reformulate questions. The court said the intermediary never actually formulated and put a question. It upheld both rulings.