Joe O'Reilly, convicted last month of the murder of his wife Rachel, has begun his appeal process. O'Reilly's legal representatives yesterday afternoon lodged paperwork with the office of the Court of Criminal Appeal indicating the father of two is intending to appeal the murder conviction. Conor Lally, Crime Correspondent, reports.
O'Reilly (35), Lambay View, Baldarragh, The Naul, Co Dublin, pleaded not guilty to murdering his 30-year-old wife Rachel, at the family home on October 4th, 2004.
He was convicted unanimously last month by a jury at the Central Criminal Court. Mr Justice Barry White jailed him for life and refused him leave to appeal.
However, despite the ruling by Mr Justice White, it is still open to O'Reilly to appeal. But he must first be granted the right to appeal, followed by a substantive appeal hearing in the Court of Criminal Appeal.
It is likely that the court would, in the event of granting him the right to appeal, hold the substantive appeal hearing immediately afterwards.
The Court of Criminal Appeal would then have a number of options. It could let the conviction stand. It could quash the conviction and order a retrial. Or it could quash the conviction and rule that a fair retrial was not possible.
An appeal would be likely to reach the courts in the first quarter of next year. At present there is a six- to eight-month waiting list for such appeals.
O'Reilly can only appeal his conviction on points of law. It is understood yesterday's application involved a notice to appeal and did not disclose the exact grounds.
Ms O'Reilly was found by her mother, Rose Callaly, in the bedroom of her home near Naul village, Co Dublin.
The alarm was raised when Ms O'Reilly failed to collect one of her children from a creche. She was killed after receiving several blows to the head with a blunt instrument.
When Ms Callaly went to the house, she found her daughter dead in the bedroom.
Gardaí believe she was killed shortly after returning to her home that morning. Although the scene of the crime suggested a break-in, Ms Callaly said she felt the robbery was staged.
Rachel's husband was arrested several times before being charged with the murder.
The trial heard evidence which placed Joe O'Reilly at the scene at the time of the killing.
His mobile telephone records revealed he was at the house on the day of his wife's murder when he claimed he was working at Broadstone, north Dublin.
The court was also told CCTV images of a car believed to be O'Reilly's was seen going to and from the murder scene at times which matched the telephone records. Evidence was also heard which revealed O'Reilly was having an affair, was unhappily married and was concerned about losing custody of his two young sons.