A Co Cork woman serving a life sentence for the murder of her soldier husband yesterday had her conviction set aside and was freed on bail.
The Court of Criminal Appeal directed that Ms Norma Cotter be retried on the charge of murdering her husband, Cpl Gary Cotter (40), at their home at Broomfield West, Midleton, Co Cork, on January 3rd, 1995.
The court said it would later give its reasons in writing for allowing the appeal and ordering a new trial.
Pending her retrial, Ms Cotter was released on her own bail of £1,000 and an independent surety of £5,000. She was ordered to report to Midleton Garda station once a week.
By a 10 to two majority, a jury in the Central Criminal Court in October 1996, found Ms Cotter guilty of murdering her husband. He died from a wound to his right lung as a result of a shotgun blast.
Ms Cotter alleged she had been hit and kicked out of bed by her husband who was complaining about the collection of their son, Christopher, from her parents' home.
Her counsel, Mr Patrick MacEntee SC, had argued during the appeal that his client had not received a fair trial in that the trial judge had not put the case for the defence to the jury in his summing up, although he had referred with great clarity to that of the prosecution.
In her account, Ms Cotter had said it was her intention only to frighten her husband, said Mr MacEntee. She had no intention of killing him. However, none of this had been alluded to by the trial judge.