Two Dublin brothers had their conviction for murder overturned today after their lawyers argued comments by a judge on knife crime could have prejudiced the jury in their trial.
The Court of Criminal Appeal “set aside” the brothers’ conviction for murdering father-of-six Christopher Cawley in 2006, holding that the verdict of the jury in the case had been “unsafe”.
A retrial has been ordered.
In June 2008, Warren Dumbrell (36) and Jeffrey Dumbrell (30), from Emmet Place, Inchicore, Dublin were jailed for life by Mr Justice Paul Carney for fatally stabbing Mr Cawley (36).
They were found guilty by a jury at the Central Criminal Court of having carried out the attack in the stairwell of flats at Tyrone Place in Inchicore, on October 29th, 2006.
Lawyers for both men argued that the trial judge “erred in law and in fact” by failing to discharge the jury during the course of the trial, in circumstances where the possibility existed of the jury being “biased against the accused” men due to “adverse publicity” attaching to a lecture delivered by the trial judge during their clients’ trial.
The CCA heard statements made by Mr Justice Paul Carney during the course of the Dumbrells’ trial at a lecture in the law faculty at Cork University College, “coupled with the ensuing publicity” and the “particular circumstances of the case”, were such that there was “a real risk or likelihood” that the jury was prejudiced.
It was argued before the three judge appeal court that this speech contained references to issues including the level of fatal stabbings.
Delivering its judgment in the case today, the CCA held the brothers’ ground of appeal “to be well founded”, and quashed their convictions for Mr Cawley’s murder.
The Chief Justice Mr Justice John L Murray, presiding at the CCA, sitting with Mr Justice Liam McKechnie and Ms Justice Elizabeth Dunne, said “full written reasons” for its decision would be given at a later date.