Lawyers for Joe O’Reilly, who was convicted of murdering his wife, have applied to the Central Criminal Court for inspection facilities pending his appeal.
In July 2007 O’Reilly was convicted by a jury at the Central Criminal Court jury and sentenced to life imprisonment for the murder of his wife at their home in the Naul, Co Dublin.
Rachel O’Reilly’s badly beaten body was found in the bedroom of her home on October 4th, 2004.
Counsel for O’Reilly, Ronan Munro BL, told the Central Criminal Court that O’Reilly’s legal representatives were seeking inspection facilities and there was no objection from the State.
Mr Justice Paul Carney granted the motion. It is understood that the inspection facilities relate to the trial file.
O’Reilly has lodged an appeal under Section 2 of the Criminal Procedure Act 1993 to have his conviction declared a miscarriage of justice.
However, the State has lodged a motion to strike out his appeal which will be heard in the Court of Appeal on March 3rd.
The Court of Criminal Appeal had heard previously that a number of issues were raised in the grounds of appeal, including circumstances where the book of evidence was left in the jury room at the 2007 trial as well as meetings between various people.
O’Reilly was not present in court for the notice of motion.
He 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 after the State lodged no objection.
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.