The Court of Criminal Appeal yesterday quashed the convictions of two men for the murder of another man in Cork city in May 2000. A retrial was ordered in both cases.
James Hourigan (33), Harbour View Road, Knocknaheeny, Cork, and Keith O'Donovan (30), Spriggs Road, Gurranabraher, Cork, were convicted, after a 10-day trial at the Central Criminal Court, of the murder of Noel McCarthy on May 4th, 2000. They were jailed for life.
Ms Justice McGuinness said the charges arose from the stabbing by Mr Keith O'Donovan of Noel McCarthy, also of Spriggs Road, on May 4th, 2000. Mr McCarthy subsequently died of his injuries at the Mercy Hospital, Cork.
James Hourigan was with Keith O'Donovan at the time of the attack, which took place at Mr McCarthy's home. Insofar as Mr Hourigan was concerned, the prosecution relied on "the doctrine of joint venture," Ms Justice McGuinness said.
It was alleged that Mr Hourigan was in a common design with Mr O'Donovan to cause death or serious harm to the deceased. Mr O'Donovan had admitted the fatal stabbing of Mr McCarthy and relied on the defence of provocation.
Ms Justice McGuinness, sitting with Mr Justice O'Neill and Mr Justice Gilligan, said the court was concerned as to the possible effect on the minds of the jurors of remarks by the trial judge immediately before his charge to the jury in connection with the speech of counsel for Mr O'Donovan.
The court considered there was a real danger that the trial judge's remarks may have influenced the jury and thus rendered the trial unfair and unsatisfactory.