Dublin man’s conviction for murder of friend is quashed and retrial ordered

A man has won an order overturning his conviction for the murder of a friend who died as a result of severe head injuries. The Court of Criminal Appeal (CCA) ordered a retrial in the case of Thomas O’Connor.

Mr O’Connor, Burnaby Court, Greystones, was jailed for life after being convicted at the Central Criminal Court in 2011 of the murder of John O’Brien at Farrankelly Road, Delgany, Co Wicklow, on June 5th, 2010.

Both men were aged 22 at the time and Mr O’Brien was about to get married.

The core issue in Mr O’Connor’s appeal against conviction was whether the trial judge erred in refusing to allow the defence of self-defence to go to the jury. The defence of provocation was permitted go before the jury.

Giving the judgment of the three judge CCA, Mr Justice Donal O’Donnell said, once an issue of self-defence is raised, it is for the prosecution to negative it beyond any reasonable doubt.

The CCA considered there was a sufficient case for self-defence to go before the jury and it was not for the court to comment on the strength of that case, the judge said.

In the circumstances, the appeal must be allowed, the conviction quashed and a retrial ordered.