An attempt by the family of Kelly Corcoran to have a Spanish judge increase the sentence imposed on Dundalk man Dermot McArdle for her killing has failed.
McArdle was convicted in early October by a jury of causing the death of his wife, who fell from a Marbella hotel balcony while on a family holiday in 2000. He was given a two-year jail term by judge Fernando González Zubieta in Málaga’s Criminal Court.
The possibility that the prison term might be suspended prompted the family’s lawyer to file a motion requesting clarification of the sentence.
The family believed the two-year term - the maximum which can be suspended under Spanish law – was inconsistent with the judge’s line of argument in his sentence.
The family called for a further six months to be imposed in order to rule out a possible suspension.
However, court sources in Málaga said the motion was denied this week and the parties were notified of his decision this morning. The decision raises the likelihood of a formal appeal against the sentence by the Corcoran family.