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JOE O’REILLY HAS been granted legal aid to pursue an appeal to the Supreme Court one year after his miscarriage of justice bid was dismissed as an “abuse of process”.
In July 2007, O’Reilly was found guilty by a Central Criminal Court jury and sentenced to life imprisonment for the murder of his wife at their home in the Naul, Co. Dublin on 4 October 2004.
Rachel O’Reilly’s badly beaten body was found in the bedroom of her home by her mother and before he was charged, Joe had appeared as a guest on the topic of her death on The Late Late Show.
In 2009, O’Reilly lost an appeal against his conviction and last May an application to have his conviction declared a miscarriage of justice was dismissed as an “abuse of process” by the Court of Appeal.
Counsel for O’Reilly, Ronan Munro BL, sought a legal aid certificate in the Court of Appeal today for O’Reilly to pursue an application to the Supreme Court under its new jurisdiction.
It was not certain that there was an automatic right of appeal to the Supreme Court, as there had been before the Court of Appeal was established, the court heard previously.
Another case
In light of developments in a separate case, Mr Justice Birmingham said the Supreme Court seemed to take the view that applications for legal aid should be made to the Court of Appeal.
Mr Munro told the judge that O’Reilly was serving a life sentence. As such, there was unlikely to be an issue as to his means.
If the Supreme Court was satisfied that legal aid applications should be dealt with in the Court of Appeal “that’s good enough for me”, Mr Justice Birmingham said who had indicated earlier that three judges would be required to deal with the matter.
O’Reilly was not in court for the procedural matter.
He has been on legal aid with a solicitor and two counsel at every stage of the proceedings, in other words, at trial, for his appeal and in the Court of Appeal for his miscarriage of justice application.
Unacceptable strategy
Giving judgment in the Court of Appeal last year, Mr Justice Birmingham said it was an “unacceptable strategy” to raise the arguments O’Reilly had raised at this point.
O’Reilly’s application to have his conviction declared a miscarriage of justice was based on events that occured on the third day of his Central Criminal Court trial when a portion of the book of evidence was found in the jury room, the judge said.
It was clear, from the way in which the issue was approached by the trial judge and counsel at the time, that O’Reilly was fully informed and fully engaged with what was happening, he said.
Having been so aware and so engaged, to raise the argument now after the trial and after his earlier appeal, was an “unacceptable strategy,” Mr Justice Birmingham said.
Accordingly, Mr Justice Birmingham, who sat with President of the Court of Appeal Mr Justice Seán Ryan and Mr Justice John Edwards, dismissed the appeal.
As a result, O’Reilly’s application under section 2 of the Criminal Procedure Act did not proceed to full hearing.
O’Reilly lost an appeal against 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.
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 convictions quashed based on alleged new of newly discovered facts that show a miscarriage of justice occurred.
However, senior counsel Brendan Grehan, for the Director of Public Prosecutions, successfully applied to have O’Reilly’s application dismissed as an “abuse of process” because it was not based on any new or newly discovered facts as required under the Act.
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Hope he gets his sentence extended, if anything.
Legal aid for a killer why isn’t their legal aid for people wanting to stay in their homes fooked up system thats all I can say
The judges and Barristers are all part of the same gang! By granting legal aid, the Judge is making sure some of his cronies get to screw the taxpayer some more! Great work if you can get it!
Free Psychiatric Aid is what that headbanger needs.
its actually rubbish work for the vast majority Roderigo, save for a few. the money is all in Corporate work, unsurprisingly
Rodrigo detriano they are not known as legalised gangsters for nothing
Legal aid? Ah come on.
There should be a limit for free legal aid for everyone. How about €3000 over a 5 year period After that have to pay yourself Don’t think any political party would pass that however and take on the legal profession
@ John. This is the price we pay – literally – for a system designed to protect the innocent, rather than one designed to be cost effective. What if an innocent person is faced with a serious charge? They will need more than €3k to defend themselves.
Like Paul Murphy and the other Jobstown protestors Brinster?
Present legal aid system is designed to protect the criminal and of course the income of the legal profession The victims of crime have no say
paul murphy on a massive salary and gets free legal aid so it seems anyone can get free legal aid
Yes – potentially like Deputy Murphy, Wally. If he’s found innocent. I’ve no problem with legal aid. I do have an issue with someone earning €96k plus expenses per year claiming it. Especially when they claim to donate a huge amount of their salary to a political party but the SIPO returns expose this as a flat out lie.
the criminal justice system was never supposed to be victim orientated, it is an apparatus of state power, to enforce the rules of the state. that is why it is the state, through the DPP, who prosecute.
This Sc@mbag should not get a cent to take his case nowhere
In a recent case here in Limerick, a guy with 212 previous convictions came before the courts on fresh charges and he was granted free legal aid, yet again. Are our legislators stupid that such a system operates or are they in collusion with the legal “profession” to line their pockets at the expense of the taxpayer?
Brinster,
“Potentially…………….. If he’s found innocent” ? Are we decide whether someone is innocent or not before the trial and on that basis grant them legal aid or not? How would that work exactly?
Paul Murphy needs legal aid because he, 2 of the AAA councilors and 18 residents of Jobstown have been charged with false imprisonment (carrying a maximum life sentence) for the heinous crime of sitting down behind Joan Burton’s car.
Murphy was granted legal aid as the state decided to press the extremely serious charge of false imprisonment against him and the other protestors in the Circuit criminal court. Had the case gone ahead in the lower District court, then he wouldn’t have been eligible for legal aid.
The judge having looked at Murphy’s means has granted legal aid. Are you aware that the legal costs for a 4-6 week trial in the Circuit criminal are an estimated €100k which is more than double the annual TD’s salary after tax?
http://www.thejournal.ie/paul-murphy-legal-fees-2752580-May2016/
P.S. Have you any evidence to support your accusation that Murphy is not donating a large portion of his salary?
@ Brinster…This animal is not innocent.All this is just money for our esteemed legal betters,who will be discussing the case over several brandies in their exclusive clubs.
brandy is for rappers
@ Wally
Yes I have verified proof he is not donating his salary.
Here you go –
Firstly, no individual can donate more than €2,500 to any party. So either he is donating less or else he is breaking the law.
Secondly – if he donated more than €1,500 he would appear on this. And he isn’t on it. So either he donated less or else AAA is breaking the law.
Happy?
Sf tds also donate their wages to the party only taking an industrial and have for years so it can be done
it will be money well spent if he gets a hefty sentence :)
Cha-ching… another lottery win for those employed in the legal profession.
they are paid for the work they do, like any other person (with a job). if there is an issue with the legal aid scheme it needs to be laid at the door of the Oireachtas (who set the the rules of the scheme)
Which is it, paid too little or take up with the Oireachtas?
Back to your law degree cosaint..
Oh it was the Oireachtas that decided that an appeal, which was previously ruled an abuse of process, should be sent back to the well for another bucket of money, not people involved in cashing cheques based on that appeal going ahead.
I see.
Eyepopper, that wasn’t an Appeal, it was a s2 CPA application that was so ruled, this is the Appeal of that s2 refusal. but dont worry its common enough to confuse the two actions
back to your Robert Ludlum filims Jason
More money at the four gold mines!!!
the majority of barristers are on a damn sight less than school principals
Whats the average daily rate for a barrister Cosaint?
barristers don’t get a daily rate im afraid
If there’s a more punchable looking head, I don’t wanna know about it
Graham Dwyer?
Rolf Harris?
Free legal aid, just add another 20 years.
That murdering basstard has cost the state (us taxpayers) a fortune in legal fees and in the cost of imprisoning him!
What a joke of a System we have he shouldn’t be allowed Appeal again never mind Free Legal Aid What must this be doing to her poor Mother and Father and Family
the criminal justice system has the terrible power of depriving a person of their liberty (or their money), and there must be protections for the people against that power. state power (in this case the third arm) should always be subject to rigorous checks, including the right to appeal against any decision and equality of arms.
Is that you Joe?
Cosaint, stop regurgitating the BS here they’re feeding you in DBS/UCD/wherever
sure im joe didnt you hear?
Joe 90?
He should rot. Sheer arrogance.
i hope he gets athletes foot
The lack of remorse is astounding, a sociopath.
He deserves to rot. How could he keep tormenting Rachel family. He’s already deprived his sons of a family life. He’s had his chances so should take his punishment like a man
It’s very frustrating that without any new evidence this weasel is allowed to keep using free legal aid for appeal after appeal ..
Stuff you never think of, the consequence on his kids. His young lads have been reared to believe this gits lies. :(
Why are we the taxpayer having to fund a convicted murderers legal fees after he has been convicted and his appeal found to be baseless … yet on it goes to the supreme Court … could this be the legal profession stringing the taxpayer along but continuing this waste of time … banana republic alive and well
its called the criminal justice system, it works pretty well compared to the majority of the globe
Tax payers money on this low life !! Sickening.
Sick
This is just the legal profession scratching each other’s back at the cost of the taxpayers.
We are being ripped off by the legal eagles. Shame on them. They are so independent that they are untouchable. O Reilly should be well able to defend his own case if he is so innocent.
that is a fairly ridiculous comment in many respects, sorry not meaning to be rude
Arrogant bast$$d beating the mother of his children to death
Miscarriage of Justice!!!!???? He crushed his wife’s brain to a pulp!!!! And left her body to be discovered by her poor mother!!! Imagine murdering the mother of his two children!!! He’s a psychopath!! Empty heart!! Empty soul!! No thought for anyone but himself!! And he’s entitled to free Legal Aid???? Our Judical System stinks to high heaven!!!!! I hope his appeal is not successful!!!
First Paul Murphy, now this bucko!
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