Court of Criminal Appeal: Legal Diary March 4th ? 8th 2013 ...

For Monday 4th March 2013 in Court 22 Criminal Courts of Justice, Messrs Justice?O?Donnell, Moriarty and Ms Justice Dunne sit at 11 o?clock to hear?92/09 DPP v Keith Cunningham.?The Appellant is appealing his conviction, alongside a motion before the court. As noted before last week?s callover:

Keith Cunninghan, a 20-year-old Drogheda man, was given a mandatory life sentence by Mr Justice Paul Carney after being convicted by a 10 to two majority of the murder of Des Kimmins in December 2007. Mr Cunningham admitted manslaughter but denied murder.

At trial the court was told that the deceased?was stabbed during an argument which arose when?he arrived in the early morning at a house where his daughter was being cared for by Mr Cunningham and his girlfriend at the home of the deceased?s ex-partner.?Mr Cunningham claimed he was acting in defence of his baby daughter who he believed was in the kitchen at the time.?Mr Kimmins died at the scene having suffered a blood clot around his heart as a result of the stab wound to his chest.

The CCA will also hear an Enlargement of Time Application in?44CJA/13 DPP -v- Andrew Brady.?Per Order 86, Rule 8 of the Rules of the Superior Courts:

IV. Enlargement of time for appealing.

8. (1) Except in cases where steps are required by statute to be taken in the Central Criminal Court or in the Circuit Court, the Court shall have power to enlarge the time appointed for doing any act or taking any proceeding upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed.

(2) An application to the Court for an enlargement of time within which notice of appeal or notice of application for leave to appeal may be served shall be in the Form No. 5.

(3) The form of application shall, in addition to specifying the grounds of such application, also specify the grounds on which the applicant proposes to base his appeal or application for leave to appeal.

For Thursday 7th March 2013 in the Hugh Kennedy Court?Mr. Justice Hardiman sits at 10.15 o?clock when?250CPA/12 DPP -v- Joseph O?Reilly is listed for mention. Mr O?Reilly, no stranger to the news media, was convicted of and given?a life sentence for the murder of his wife Rachel O?Reilly in the Naul in Dublin in 2004. The Appellant appealed his conviction, heard by the CCA in 2009, on the grounds that evidence used in his trial including phone records and emails should not have been admissible. The CCA, in a judgment by then Chief Justice John Murray, ruled the appeal was not well-founded.

Mr O?Reilly has now lodged an application under Section 2 of the Criminal Procedure Act 1993 to have his conviction declared a miscarriage of justice.?Section 2 provides 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.?This is one of the last legal avenues that remain open.

At 10.30 o?clock Judge Hardiman will sit for the callover?of cases listed for hearing on Monday 11th March 2013:?211/10 DPP v Vera McGrath,?110/12 DPP -v- Brian Doolan and?162/12 DPP -v- Christopher Ayiotas.

Vera McGrath was?found guilty in 2010 of the murder of her husband?Brian McGrath at their home in Coole in Westmeath in 1987. A?jury of eight men and three women deliberated for more than nine hours before convicting by a majority of ten to one. Ms McGrath?s?former son-in-law, Colin Pinder, was convicted of the manslaughter of Mr McGrath.

The?murder conviction was the first for the cold case unit the Garda Serious Crime Review Team. The prosecution hinged on the evidence of the Appellant?s daughter, Veronica McGrath who?told Gardai her father had died following an attack involving a lump hammer, a slash hook, a spanner and a monkey wrench. The defence alleged Veronica??was more involved in the killing than she had admitted in court.

For Friday 8th March 2013 in the Hugh Kennedy Court Messrs Justice?MacMenamin,?Moriarty and?deValera, at a time to be confirmed will sit for Judgment in?28/09 DPP -v- David Timmons. As noted at the hearing of this sentence appeal:

David Timmons, aged 27 of Balbriggan, was found guilty by a jury of conspiring, along with others, to possess 8.83 kilograms of cocaine, which Gardai found hidden in a truck full of quilts at a furniture Store in Dublin.?Judge Patricia Ryan jailed Timmons for eight years.

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Source: http://cosaint.wordpress.com/2013/03/02/court-of-criminal-appeal-legal-diary-march-4th-8th-2013/

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