In Short

A round-up of today's other stories in brief

A round-up of today's other stories in brief

O'Reilly trial adjourned for a week

The trial of Joe O'Reilly, who is accused of murdering his wife Rachel in 2004, was adjourned for a week at the Central Criminal Court yesterday because the judge due to hear the case is not available.

Mr O'Reilly (35), Baldarragh, The Naul, Co Dublin, is accused of the murder of mother of two Rachel O'Reilly (30) at her home on October 4th, 2004.

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Yesterday Mr Justice Paul Carney said that the judge assigned to hear the case, Mr Justice Barry White, was not available this week. He had no option but to adjourn the trial until next Monday.

Mr O'Reilly was in court for the brief hearing and left immediately afterwards.

The trial is expected to last up to six weeks.

Appeal against drink-driving won

A man yesterday won his drink-driving appeal in the Circuit Appeal Court in Dublin. Patrick Whelan, Kilbarrack Road, Raheny, Dublin, looked drowsy and glassy-eyed when gardaí in an unmarked Garda car passed him in the early hours of August 27th, 2005, the court heard yesterday.

Garda Alan McDevitt told Judge Joseph Matthews that he had remarked to his colleague: "I think that guy's drunk." They had followed Mr Whelan along the Howth Road at Clontarf and had stopped him. He had again noticed his glassy eyes and drowsy expression but this time got the smell of alcohol.

He had asked Mr Whelan, if he had consumed alcohol and he had said yes.

Garda McDevitt told Lily Buckley, for Mr Whelan, that before asking Mr Whelan if he had consumed alcohol, he had already formed the opinion he was drunk and had not cautioned him.

Ms Buckley said there had been no evidence of him having attracted Garda attention because of careless or erratic driving and she submitted Garda McDevitt had used the uncautioned admission of having consumed alcohol to form an opinion of drunkenness.

As a result Mr Whelan had been under unlawful arrest.

Judge Matthews said he accepted that Garda McDevitt had not been influenced in forming an opinion to arrest Mr Whelan by his admission without caution and he also rejected Ms Buckley's submission that the garda was inevitably influenced by it.

"However, it could still be reasonably possible by way of doubt that he had been so influenced and I have to give the benefit of that doubt to Mr Whelan," Judge Matthews said.

He granted an appeal by Mr Whelan against a €1,000 fine and 12 months' disqualification from driving.

Garda McDevitt had told the court that after having arrested Mr Whelan he had taken him to Clontarf Garda station where he had breath-tested positively above the legal limit.

Man accused of murder by stabbing

The trial has begun in the Central Criminal Court of a Dublin man accused of murder by stabbing during a scuffle in Ballyfermot in Dublin. Gary Gleeson (23), Granard, Co Longford, denies the murder of Gavin Weldon (19) in July 2005.

Paul O'Higgins SC, prosecuting, told the jury of 10 men and two women that Mr Gleeson had been walking past Molloy's off- licence in Ballyfermot with his brother and their two pit bull terriers.

Mr Weldon was outside the off-licence and Mr O'Higgins said the evidence would show that he had consumed a large amount of alcohol that day.

As the Gleeson brothers approached, he held up a bottle and made to strike Gary Gleeson.

Mr O'Higgins said the jury would hear that there was some kind of scuffle during which Mr Weldon attempted to kick one of the pit bulls. It was after this he received a single stab wound.

Mr O'Higgins said the depth of the wound and the obvious force with which it was struck suggested that whoever had inflicted it had fully intended to cause serious harm.