In July 2007, O’Reilly was discovered responsible by a Central Felony Courtroom jury and sentenced to life imprisonment for the homicide of his spouse at their residence within the Naul, Co Dublin.
Rachel O’Reilly’s badly crushed physique was discovered within the bed room of her house by her mom on October 4th, 2004 and within the intervening interval O’Reilly had appeared as a visitor on the subject of her dying on RTÉ’s Late Late Present.
Talking on behalf of the Courtroom of Attraction, Mr Justice George Birmingham stated it was an “unacceptable technique” to boost the arguments O’Reilly had raised at this level.
O’Reilly’s software was based mostly on occasions that occurred on the third day of his Central Legal Courtroom trial when a portion of the guide of proof was discovered within the jury room, the decide stated.
It was clear, from the best way through which the difficulty was approached by the trial decide and counsel on the time, that O’Reilly was absolutely knowledgeable and absolutely engaged with what was occurring on the time, he stated.
Having been so conscious and so engaged, to boost the argument now after the trial and after his earlier attraction, was an “unacceptable technique,” Mr Justice Birmingham stated.
Accordingly, Mr Justice Birmingham, who sat with President of the Courtroom of Attraction Mr Justice Sean Ryan and Mr Justice John Edwards, dismissed the attraction.
Consequently, O’Reilly’s software beneath part 2 of the Legal Process Act won’t now proceed to full listening to.
Counsel for the Director of Public Prosecutions, Brendan Grehan SC, had requested the Courtroom of Attraction to dismiss O’Reilly’s software as an “abuse of course of” as a result of it was not based mostly on any new or newly found details as required beneath the Act.
On day 4 of O’Reilly’s trial for homicide the courtroom registrar was suggested that a portion of the guide of proof had been left within the jury room.
Trial decide Mr Justice Barry White had made it clear, Mr Grehan stated, that he would discharge the jury if any of them had learn any portion of the ebook of proof, in any other case the trial would proceed.
The foreman of the jury was then requested whether or not any juror had learn any portion of the e-book of proof and his reply was: “to not my information, no”.
Mr Grehan stated that trade passed off with 11 jurors, the trial decide, O’Reilly and all counsel current in courtroom.
The suggestion that one of many jurors merely sat there and stayed dumb didn’t come up as a result of the “eyes of everyone in courtroom” would have been taking a look at their reactions.
Mr Grehan stated O’Reilly met together with his authorized staff earlier than the courtroom sat, he was knowledgeable of what had transpired and knowledgeable that if any of the jurors had learn any a part of the guide of proof the jury can be discharged.
Not solely was no software made to discharge the jury however these have been O’Reilly’s directions to his authorized workforce – that if no one had learn any portion of the guide of proof the trial might proceed, Mr Grehan stated.
It was “unattainable to ponder how the importance couldn’t have been appreciated” by O’Reilly on the time and his case was “merely unstateable” and “sure to fail,” Mr Grehan stated.
Counsel stated the “very skilled” Mr Justice White had rigorously assessed the proof within the trial and O’Reilly had loved beneficial rulings up till that time. Mr Justice White had additionally dominated inadmissible O’Reilly’s look on the Late Late Present, Mr Grehan stated.
There must be finality to legal trials, Mr Grehan stated, not only for the director or the accused however for victims and their households additionally.