Lawyers debate jury's decision in stabbing case

Questions have been raised in legal circles about the circumstances surrounding the acquittal in the Central Criminal Court this week of a woman who stabbed her husband to death.

Mrs Caroline Comerford (37), of Tarahill Crescent, Rathfarnham, Dublin, was charged with murdering Mr Peter Comerford (39) at their home at Carrickmount Drive, Rathfarnham, on August 9th, 1998. She pleaded not guilty to the murder charge but did not deny the killing.

Mr Justice O'Donovan instructed the jury that if they found Mrs Comerford not guilty of murder they should return a conviction of manslaughter. However, when they completed their deliberations, which took place over two days, the jury returned a verdict of not guilty and Mrs Comerford was freed. Legal sources said the only conclusion which could be drawn was that the jury was either unaware of the effect of its decision or had disregarded the judge's order. They said the judge had no option but to accept the jury's decision.

In law, a defence of provocation implies unlawful killing, and the verdict, if not murder, would be manslaughter. In cases in which self-defence is claimed, the verdict could be murder, manslaughter or not guilty. In this case the judge told the jury to return either a verdict of murder or manslaughter.

Previously, Mr Kenneth Mills SC, prosecuting, told the jury that the stabbing occurred after a drunken row between the couple, whose marriage had been "punctuated with numerous episodes of violence". Mr Comerford allegedly assaulted his wife, and she "went to the kitchen, chose a knife and went upstairs", where Mr Comerford resumed his attack, Mr Mills said. Mrs Comerford then stabbed her husband.

A sister of Mrs Comerford, Ms Deborah McDonald (25), told the court that when she arrived at the house her sister was speaking in an agitated fashion. Ms McDonald said that when she asked what happened, her sister told her: "Peter flung a shoe at her head and they were fighting . . . (but that) she didn't mean to stab him, just meant to frighten him with the knife".

The court also heard that in a statement to gardai Mrs Comer ford said: "When I stabbed Peter I was just defending myself. I didn't want to kill him."

Legal sources said it was unlikely that the Director of Public Prosecutions could appeal against the verdict. The DPP could challenge a jury decision only on a point of law.

A spokeswoman for the DPP's office said its policy was not to comment on individual cases.