State seeks dismissal of O'Reilly appeal

Written By Unknown on Rabu, 08 Oktober 2014 | 22.40

The State is to bring an application to dismiss an appeal brought by convicted murderer Joe O'Reilly, who wants to have his conviction declared a miscarriage of justice.

O'Reilly was convicted in July 2007 of the murder of his wife Rachel, and sentenced to life in prison.

Her badly beaten body was found in the bedroom of their home in Dublin on 4 October 2004.

O'Reilly, who is 41, has lodged an application under Section 2 of the Criminal Procedure Act 1993 to have his conviction declared a miscarriage of justice.

The court previously heard that a number of issues were raised in the grounds of appeal, including circumstances where the book of evidence was left in the jury room at the 2007 trial as well as meetings between various people.

The case was temporarily struck from the Court of Criminal Appeal case management list in March 2013 as the matter was not ready to proceed.

This morning, lawyers for O'Reilly told the appeal court that two affidavits had been prepared, one of which set out the various steps that had been taken since the order to strike the case from the list was made in March.

He agreed with Mr Justice Adrian Hardiman that he wanted to have the case reinstated on the list and said he understood there was no objection from the State.

Lawyers for the State told the court that the State would be bringing an application to dismiss the appeal, but said the matter should remain on the case management list until this motion was heard.

Mr Munro told the court that he would also be seeking "interlocutory relief" regarding an application to inspect the court file from the Central Criminal Court.

However, he said this may be a matter more appropriate for the Central Criminal Court to deal with.

Mr Justice Hardiman said the State is to serve its motion within three weeks and the case would be entered on the case management list for the new Court of Appeal, the establishment of which is imminent.

He told Mr Munroe he may bring the interlocutory application to the appeal court or alternatively the Central Criminal Court.

O'Reilly was not present in court for today's hearing but the parents of Rachel O'Reilly were there.

O'Reilly lost an appeal against his conviction in 2009, while in August 2012 he failed in a subsequent attempt to have his conviction quashed after arguing his detention in the Midlands Prison was unlawful.

In November 2012, O'Reilly was granted legal aid in his bid to have his conviction declared a miscarriage of justice after the State lodged no objection.

Section 2 of the Criminal Procedure Act 1993 states that a person who remains convicted after appeal may apply to the court to have their conviction quashed based on alleged new or newly-discovered facts that show a miscarriage of justice occurred.


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