Stephen Cahoon’s murder conviction quashed on appeal

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

The Court of Appeal quashed Stephen Cahoon’s murder conviction on 4 March 2015 and ordered a retrial. The proceedings were reported on 4 March 2015.

Jean Teresa Quigley, a mother of four who was 10 weeks pregnant, was killed on 26 July 2008. Stephen Cahoon admitted strangling her but denied it was murder.

A jury unanimously convicted Stephen Cahoon of murder at the Central Criminal Court in Dublin on 30 April 2012. Mr Justice Barry White immediately sentenced him to life imprisonment.

The appeal was heard by Mr Justice Seán Ryan, sitting with Mr Justice George Birmingham and Mr Justice Garrett Sheehan. Stephen Cahoon’s senior counsel, Michael O’Higgins SC, argued that the trial judge had misdirected the jury by saying provocation could not involve intention.

Mr Justice Seán Ryan described this as a mistake on a central point of the case. The judgment acknowledged that the words were few and followed substantial directions, but said the court had to be satisfied they had not influenced the jury. They came during a brief recharge just before the jury retired, potentially giving them greater prominence.

Niall Flynn BL, counsel for Stephen Cahoon, said a retrial would be his third trial and that he had already served six years in custody. The report said an application might follow on grounds of unfairness.

The retrial order was subject to that possible application. Stephen Cahoon was remanded in custody until 13 April.

Stephen Cahoon was charged under the Criminal Law Jurisdiction Act of 1976 and chose trial in the Republic rather than Northern Ireland.