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PA Archive/Press Association Images

Joe O'Reilly cannot have his murder conviction declared a 'miscarriage of justice'

Rachel O’Reilly’s mother said she is relieved that justice has been upheld.

JOE O’REILLY HAS LOST his appeal to have his murder conviction declared a miscarriage of justice.

O’Reilly – who was convicted in July 2007 of murdering his wife Rachel at their home in north Dublin under Section 2 of the Criminal Procedure Act 1993 – was attempting to have that conviction declared a miscarriage of justice.

The judgement on the Director of Public Prosecution’s motion to have that thrown out was heard this morning in front of the three judge Court of Appeal. This morning, it threw out his miscarriage of justice application over those DPP objections.

Dismissed

Justice George Birmingham said it was an “unacceptable strategy” to raise the arguments O’Reilly had dismissed the motion.

His application was based upon the third day of his trial in which a portion of the book of evidence was found in the jury room.

The judge said that both counsel decided how to deal with the matter on the day and said O’Reilly was fully informed and fully engaged with what was happening at the time.

He said to raise the issue now was unacceptable, said the judge.

Joe O'Reilly court case The family of Rachel O'Reilly including parents Rose and Jim Callely (centre) in 2009. PA Archive / Press Association Images PA Archive / Press Association Images / Press Association Images

Rachel’s mother, Rose Callaly, was in court for the hearing. Speaking afterwards, she said she was relieved that the law has been upheld and justice service.

No remorse

“Thank god we are over another hurdle,” she continued. “Once he is behind bars, then I don’t mind. He still hasn’t admitted to doing anything and he still hasn’t shown any remorse. It would make a huge difference if he showed remorse. I don’t know how to put it into words but it would.”

Callaly also said that each appeal “brings it all back”.

O’Reilly has previously lost appeals against his murder conviction on two occasions. In 2009, the Chief Justice John Murray said its grounds were not well founded.

In August of 2012 another bid for freedom failed, after he attempted to argue that his detention at the Midlands Prison in Portlaoise was unlawful.

Dressed in a navy suit and tie, the wife killer did not react as Justice George Birmingham dismissed his appeal today.

O’Reilly is serving life in prison for killing his 30-year-old wife Rachel – who was beaten to death at their home in the Naul in October of 2004.

He has been sentenced to life imprisonment.

More: Graham Dwyer has lodged an appeal against his murder conviction

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    Mute cosmological
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    May 1st 2015, 1:05 PM

    Pity, but there’s no such thing as a free lunch.

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    Mute Matthew Donoghue
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    May 1st 2015, 1:07 PM

    I just ate a free lunch, the best lunch ive had in a long time!

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    Mute The Man With No Name
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    May 1st 2015, 1:09 PM

    Ehm, are you new to the internet? Prettry much everything is free if you know where to look.

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    Mute Jake Race
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    May 1st 2015, 1:31 PM

    I bought my lunch. It was also good. Looking forward to my dinner. mmmmm.

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    Mute Paul Dunne
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    May 1st 2015, 1:39 PM

    what did you have matthew?

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    Mute Alan Farrell
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    May 1st 2015, 1:43 PM

    Where did who have Matthew?

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    Mute Byyys
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    May 1st 2015, 2:09 PM

    Yup Spotify Premium (unlimited skips, unlimited playlists etc) & Pandora One is all free if you know where to look. (of course you need to use hola to listen to Pandora as it’s currently blocked here)

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    Mute cosmological
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    May 1st 2015, 2:22 PM

    TMWNN, they’re watching you.

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    Mute Maurice Dancer
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    May 1st 2015, 7:06 PM

    Where are you using Spotify Premium for free?

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    Mute Byyys
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    May 2nd 2015, 11:27 AM

    Download a modded Apk file and you are good to go…

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    Mute Damo Tubbs
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    May 2nd 2015, 2:24 PM

    You have a free internet connection and computer?

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    Mute Northern Craic
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    May 1st 2015, 1:41 PM

    Bummer. Grooveshark was browser based so it was handy in an office if you weren’t allowed to install software like Spotify. C’est le vie.

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    Mute Trevor Beale
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    May 1st 2015, 2:10 PM

    Download it through Firefox and it should work. Did for me anyway.

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    Mute SteveW
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    May 1st 2015, 2:25 PM

    I’ll say it again. Piracy is destroying the music industry. You trying playing the guitar with a hook..

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    Mute Trevor Beale
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    May 1st 2015, 1:53 PM

    Nearly ten years building playlists, and all wiped out in one foul swoop!!

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    Mute Gene Parmesan
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    May 1st 2015, 4:53 PM

    @Trevor beale It was a damp squid anyway.

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    Mute Martin
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    May 1st 2015, 6:22 PM

    Yes and it can’t be put on “a pedal stool” either….

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    Mute The Dude
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    May 2nd 2015, 12:59 AM

    Squib

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    Mute Neal Ireland Hello
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    May 1st 2015, 1:16 PM

    Do you youngsters realise you can make your own music?

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    Mute cosmological
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    May 1st 2015, 3:07 PM

    How to get down with the kids Neal.

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