The Court of Criminal Appeal (CCA) has dismissed an appeal by a Co Galway man against his conviction for the murder of an elderly woman whose body, and that of her brother, was found in their burned house more than 25 years ago.
Michael Joseph Kelly was alleged at his trial to have strangled Margaret Glynn (87) before setting fire to her bed. The CCA said yesterday that no medical evidence was provided on behalf of Kelly in his appeal which could exclude compression of the neck as a cause of Mrs Glynn's death.
Kelly (54), Castleblakeny, Ballinasloe, Co Galway was convicted in March 1983 of the murder of Mrs Glynn at her home at Keeves, Ballinkore Bridge, Co Galway, on the night of November 14/15th, 1981. The bodies of Mrs Glynn and her brother, Martin, were removed from the house by firefighters after a fire. Martin Glynn was found to have died of natural causes, but it was alleged Mrs Glynn died of asphyxia due to manual strangulation.
At his 1983 trial, the prosecution alleged that Kelly, who was working for the Glynns at the time, had strangled Mrs Glynn and then set fire to her bed. Kelly, who has persistently pleaded innocence of the charge, was convicted of Mrs Glynn's murder and jailed for life. He was released on licence over a decade ago.
In his appeal, lawyers for Kelly argued that photographs of Mrs Glynn's autopsy not provided to the defence during his trial cast doubt over the medical evidence given by former State pathologist Prof John Harbison as to the cause of death of Mrs Glynn.
It was also argued that a means of analysing authorship of documents, the Cusum method, cast grave doubts over a statement of confession allegedly made by Kelly to gardaí in which he admitted putting a blanket over Mrs Glynn's face and strangling her. The statement was allegedly made to Det Sgt Joseph Shelly and Sgt Patrick Lynagh in Ballinasloe Garda station following Kelly's arrest in November 1981.
Analysis of the statement using the Cusum method showed it was the work of more than one person, a scientist, called on behalf of Kelly, told the court. The DPP opposed the appeal and argued the conviction was safe.
In its reserved judgment given to a packed court yesterday, the CCA, with Mr Justice Nicholas Kearns, presiding and sitting with Mr Justice Michael Hanna and Mr Justice Anthony McCarthy, dismissed the appeal.
Mr Kelly declined to speak to reporters afterwards, but his solicitor Greg O'Neill said his client was "disappointed" and remained determined "to clear his name". Mr O'Neill said an application to have the case referred to the Supreme Court was being considered.
In the lengthy CCA judgment, Mr Justice Kearns said the court accepted the missing photographs of the autopsy constituted evidence amounting to newly discovered facts, but was also satisfied they would have been "of little benefit" at trial.
He said the court had doubts whether pictures of "such a prejudicial nature" would have been used during the original trial and believed the defence would have objected to their use.
While the missing pictures taken in isolation would not have confirmed bruising of the neck or a diagnosis of cause of death as either strangulation or neck compression, the CCA had to consider the photos along with other factors. Those factors included the position of Mrs Glynn's body when it was found, the post-mortem examination findings of Prof Harbison, evidence of Prof Harbison at trial and the evidence of others during the appeal.
There was a very sound basis for the opinion of Prof Jack Crane, who gave evidence on behalf of the DPP, that there was bruising on the jaw and skull of Mrs Glynn, the court said.