A man has lost his appeal against his conviction for the murder of his wife at their home in Co Meath more than four years ago.
The three judge Court of Criminal Appeal today dismissed Anton Mulder’s appeal against his conviction in January 2008.
Mulder (47), with an address at Maelduin, Dunshaughlin, who is originally from Durban, South Africa, was jailed for life.
His wife, a native of Bangor, Co Down, was found strangled to death in an upstairs bedroom of the house they were renting on December 17th, 2004.
In his appeal, Mulder argued the trial judge had wrongly excluded as not relevant evidence from a psychiatrist who had treated Mulder after objections by the prosecution. It was argued that decision had damaged Mulder’s defence of diminished responsibility and rendered the conviction unsafe.
Counsel for the DPP argued the trial judge’s ruling out of that evidence was “perfectly appropriate” as the psychiatrist had treated Mulder almost three years after the killing.
The CCA, with Mr Justice Nicholas Kearns presiding and sitting with Ms Justice Mary Irvine and Mr Justice John Edwards, said it was satisfied to dismiss the appeal.
Mr Justice Kearns said Mr Mulder’s defence was not put at a disadvantage by the refusal to admit the psychiatric evidence as that evidence was confined to the mental state of the applicant at the time of his second trial and could offer nothing relating to his mental state at the time of the offence.