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A 30-YEAR-old woman who drove a man into a deep harbour, where he drowned, has opened an appeal against her conviction.
Marta Herda, of Pairc Na Saile, Emoclew Road, Arklow, Wicklow, knew her passenger could not swim when she drove her Volkswagen Passat through the crash barriers at South Quay, Arklow shortly before 6am on 26 March 2013.
Herda had pleaded not guilty to the murder of 31-year-old Hungarian man Csaba Orsos but a jury at the Central Criminal Court found her guilty and she was given the mandatory life sentence by Justice Patrick McCarthy in 2016.
The Central Criminal Court heard that the Polish waitress escaped through the driver’s window at the harbour but her colleague’s body was found on a nearby beach later that day. A post-mortem exam found that 31-year-old Csaba Orsos died from drowning and not from injuries related to the crash.
The trial heard that the handbrake had been applied before the car entered the water and that the only open window was the driver’s.
Opening an appeal against conviction today, Herda’s barrister, Giollaíosa Ó Lideadha SC, said there were six broad headings under which the appeal was being moved: whether or not the driving into the river was accidental or deliberate; the issue of recklessness; if the driving was deliberate, whether in those circumstances it was still open to the jury to return a verdict of not guilty of murder but guilty of manslaughter specifically an assault manslaughter.
Further headings covered “alleged confessions” and the judge’s charge to the jury with regard to circumstantial evidence.
The appeal hearing, which is expected to last for two days, continues tomorrow.
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After going out to do a days work you expect to return home to your family……….
One of the most dangerous calls a police officer can respond to is a domestic incident. When police arrive they are dealing with two emotionally charged individuals. They then have to step in and try to restore peace or separate them. The police can then have both people turn on them. Sad to hear this incident end so tragically.
@Wingah Boffah: definitely and according to article was regular arguments at address they probably so used to calling and no trouble towards them that guard was down and didn’t expect it very sad and a domestic not like crime the centenary and to kill 2 officers over it
Why is so many articles having comments closed..charities missing funds?senior Garda death?etc,,,
@Tomas: Because the Journal is pro-government?
@Paul Culligan: thejournal are pro Leo not pro-fine gael.
@Tomas:
The risk of people being libelled with regard to the Oxfam scandal and respect for the family of the garda who died in Ballymun because it was probably suicide.
@Tomas: It’s a business and they have no financial incentive to host potentially libelous comments since those unhappy with it will just moan about it for a bit rather than actually stop visiting.
@Rochelle: They have no problem when it comes to SF stories, I’d say its almost encouraged on this site.
@Ciarán Masterson: I suppose there worried about there also worried about Kinahan investments in hotels,
Journal.ie…..open for comment? How thoughtful but you’re good at double standard
@Thosj Carroll: out of interest; do you want this comment section closed, or the other one opened? Can you really not see the difference between the two situations?
@Karen Wellington: I don’t need your lecture and I can look after myself ok
@Thosj Carroll: you could answer her question. She didn’t actually lecture you, she asked you two simple questions. Learn the difference or people might think you’re a little simple
@Ohhh_reeally: Ohhhhhhhhhj really……
Just another day in america.
@cp: yepp 400 million guns under their beds anyone can get one..i bet many americans would buy hand grenades for home security if they were allowed..
I wonder if the police officers had been lucky enough to shoot him first would the black lives matter brigade be out? America is a dangerous place for police officers.
@Michael Mclaughlin: Exactly
@Michael Mclaughlin: not if he had a gun which he clearly did. I wonder if he was white would you be even mentioning his race.
@Deborah Behan: if he were white, black lives matter wouldn’t give a s€?!.
@Michael Mclaughlin: guess what? He’s not white and they don’t give a shit. So what’s your point?
How would a wife-beater with a gun get the drop on two long-serving American cops?
Why didn’t Columbus PD sent a SWAT unit to the scene instead?
@Ciarán Masterson: Good question but SWAT unit doesn’t deal with domestic incident in first place. They deal with manhunt, terrorism, hijack….
@Thosj Carroll:
Agreed.
I was looking at the incident from an Irish point-of-view. Of course, most domestic violence fatalities in Ireland and the UK don’t involve the use of a firearm because of stricter gun law.
@Ciarán Masterson: “how would he get the drop”? Easy really, shoot them as the walk to the door is one way. There are several other ways but you’re probably too experienced in this type of situation for anyone to teach you.
@Ohhh_reeally:
Surely, American cops approaching a possibly violent situation take shelter beside the door and then burst in with their guns aiming outwards (Well, that’s what I see in “Blue Bloods”…Just saying!).
@Ciarán Masterson: ya. Hard to believe you’re an adult
For all the criticism of trump at least he has the constitution to publicly support his emergency services. Here they are used as political footballs
It’s crazy that this man who has multiple convictions for domestic abuse is still legally able to carry on his person a gun at all times! Crazy!
@Deborah Behan: Where did you get that he was allowed to legally hold a firearm from?
@Griff: well unless the police weren’t enforcing the law he was legally allowed to.
@Dave O Keeffe: Lack of enforcement doesn’t make a law void.
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