The Court of Criminal Appeal has dismissed an appeal by a Co Galway man against his conviction for the murder of an elderly woman whose body, and that of her brother's, was found in their burned house more than 25 years ago.
Michael Joseph Kelly was alleged at his trial to have strangled 87-year-old Margaret Glynn before setting fire to her bed. The court said today that no medical evidence was provided by Kelly in his appeal which could exclude compression of the neck as a cause of Mrs Glynn's death.
Kelly (54), of Castleblakeny, Ballinasloe, Co Galway was convicted in March 1983 of the murder of Mrs Glynn at her home at Keeves, Ballinamore Bridge, Co Galway, on the night of November 14/15th, 1981.
The bodies of Mrs Glynn and her brother Martin were removed from the house by firefighters after a fire. Martin Glynn was found to have died of natural causes but it was alleged Mrs Glynn died of asphyxia due to manual strangulation.
At his 1983 trial, the prosecution alleged that Kelly, who was working for the Glynns at the time, had strangled Mrs Glynn and then set fire to her bed. Kelly, who has persistely pleaded his innocence, was convicted of Mrs Glynn's murder and jailed for life. He was released on licence over a decade ago.
The DPP opposed the appeal and argued the 1983 conviction was safe.
In its reserved judgment today the Court of Criminal Appeal, with Mr Justice Nicholas Kearns presiding and sitting with Mr Justice Michael Hanna and Mr Justice Anthony McCarthy, dismissed the appeal.
Mr Kelly declined to speak to reporters afterwards but his solicitor Greg O'Neill said his client was "disappointed" and remained determined "to clear his name".
Mr O'Neill said an application to have the case referred to the Supreme Court was being considered.