A cold-case investigation has solved a 30-year-old murder after a jury returned a guilty verdict against a man for strangling a woman to death before setting her house on fire.
John Joseph Malone (53), of Newpark, Kilkenny was found guilty on Thursday of the murder of Ann “Nancy” Smyth (69) on September 11th, 1987 at her home on Wolfe Tone Street, Kilkenny.
The Central Criminal Court jury of seven men and five women returned their unanimous verdict after three hours and 26 minutes of deliberating.
Malone, who was on bail when the trial began, had his bail revoked last week after he was seen shouting abuse at the home of Eileen Kelly (81) days before she was due to give evidence against him.
After the guilty verdict was announced Justice Patrick McCarthy delayed sentencing to allow Ms Smyth’s family to make a statement to the court. Awaiting his sentence, Malone wept and was comforted by members of his family.
When the court resumed Ms Smyth’s nephew Desmond Murphy choked back tears to say: “What happened to Nancy on that night had a major effect on all members of our family.” He said it was wonderful to get to this moment. “Closure is there,” he said. The judge then gave Malone a life sentence.
Speaking outside the court, Mr Murphy said his aunt had been murdered in a “callous fashion”. He said the family had grown a stronger bond as they never gave up hope that they would get justice.
The investigation into Ms Smyth’s death received a boost in 2012 when, following an appeal for information that was recommended by the Serious Crime Review Team, several witnesses came forward. Each of them told gardaí that Malone, the chief suspect, had confessed to Smyth’s murder.
Evidence in trial
Ann Smyth lived with her Labrador on Wolfe Tone Street. On the night she died, Malone left a pub in Kilkenny around midnight. Instead of going home he walked to Wolfe Tone Street where he was seen by several witnesses acting suspiciously.
One neighbour, Geraldine Brennan, heard him banging on Ms Smyth’s door and window and shouting: “Let me into the fu**ing house. ” At one stage he said: “I’ll fu**ing get you.”
Ms Brennan saw Malone kick Ms Smyth’s door, bang her window and slam her gate. In the early morning of September 11th, hours after Malone was heard threatening Ms Smyth, smoke was seen coming from her home. Emergency services found Ms Smyth dead inside the burning house.
A pathologist’s report showed that she had died from strangulation before the fire was lit.
Much of the witness evidence heard in the trial was gathered in 1987 and Malone was arrested. When questioned, he initially denied going to Ms Smyth’s house but later admitted he went there and had an argument with her. However, he denied attacking her or setting her house on fire.
With no forensic evidence, gardaí could proceed no further. Then, in 2012 gardaí appealed for information and witnesses came forward. A number of them were members of a bible group which Malone would join from time to time. The court also heard from the accused man’s brother, Barney Malone, who said John Joe had confessed to him one night about 10 years ago.