A retrial has been ordered in the case of two Cork men whose murder convictions were quashed today.
Keith O'Donovan (30) of Spriggs Road, Gurranabraher and James Hourigan (33) of Harbour View Road, Knocknaheeny, were convicted of the murder of Mr Noel McCarthy, also of Cork, in June 2002.
Mr McCarthy (29) was killed in Gurranabraher in May 2000.
The two man pleaded not guilty. Both were sentenced to life in prison.
The jury had heard that O'Donovan stabbed Mr McCarthy in the hallway of his home after a row. The prosecution argued the two accused were involved in a joint venture to kill or seriously injure Mr McCarthy.
Hourigan admitted being there when his co-accused attacked Mr McCarthy, but denied being part of a joint enterprise to kill or seriously injure him.
However, the Court of Criminal Appeal ruled today that the judge in their original trial may have influenced the jury with certain of his remarks and thus rendered the trial unfair and unsatisfactory.
Therefore, the court ruled, their conviction was unsafe and a retrial was ordered.