A 42-year-old Waterford bus driver who was last year acquitted of the murder of his wife has failed in a court bid to get back all the items belonging to his wife seized by gardaí during the investigation.
John O'Brien from Dunavarra, Ballinakill Downs in Waterford city had applied last year under the terms of the Police Property Act for the return of a number of items seized by gardaí investigating the murder of his wife, Meg Walsh.
Ms Walsh disappeared from the home she shared with Mr O'Brien at Dunavarra on October 1st, 2006 and her body was recovered from the River Suir on October 15th, 2006. A post-mortem revealed that she had died from blunt force trauma to the head.
Mr O'Brien was subsequently charged with Ms Walsh's murder but he denied any involvement in her death and he was acquitted by a jury on May 9th 2008 of her killing following a four-week trial at the Central Criminal Court in Dublin.
Last October, Mr O'Brien applied at Waterford District Court for the return of some items but gardaí had contested the application, saying that the investigation was ongoing while Ms Walsh's daughter, Sasha Keating had also sought the return of the items to her.
Judge John Lindsay today ordered that a number of items including a Toshiba laptop, a stained pair of gents jeans, a blazer and some shirts and shoes seized by gardai during the investigation be returned to Mr O'Brien by An Garda Siochána within 21 days.
However he refused Mr O'Brien's application in respect of five items - Ms Walsh's black purse and credit card, a Bank of Ireland passcard, her Mitsubishi Carisma car, a gold necklace found on her body and some rings.
Judge Lindsay said that Ms Walsh had been unlawfully killed and Mr O'Brien had been prosecuted for her murder and acquitted but he noted that the legislation provided for the possibility of more than prosecution being brought.
He said public policy dictated that the investigation into Ms Walsh's murder should continue so that the person or persons responsibile could be brought to account. "It is reasonable and practical for the state to retain the five items sought," he said.
However, Judge Lindsay, who heard that gardaí continue to classify Ms Walsh's murder as "a live investigation" said that he did not believe it was appropriate to allow gardaí retain the items indefinitely and he fixed a review date in May 2011.
"Five years (since Ms Walsh's murder) will have passed by May 2011 by which time we will know how the investigation stands and the likelihood of a prosecution," said Judge Lindsay who struck out the application by Ms Keating for the return of the items to her.
Mr O'Brien did not attend today's hearing but speaking afterwards Ms Walsh's brother, James and her daughter, Ms Keating expressed satisfaction that the state was successful in retaining the evidential items which they were anxious to keep.