The State has asked the Court of Appeal to quash the murder conviction of a North Clareman.
The State has asked the Court of Appeal to quash the murder conviction of a North Clareman.
44 year old Colm Deely of School Road, Ballyvaughan was found guilty of the March 2011 murder of Deirdre McCarthy but a retrial now looks likely after issues emerged with the pathology evidence in the case.
In June 2013, Colm Deely was sentenced to life in prison for the murder of guest house worker Deirdre McCarthy.
However, his legal team has sought to appeal the conviction saying there was "unchallenged evidence" that the work of the then Deputy State Pathologist Dr Khalid Jabbar’s work in this case was "not peer reviewed".
Dr. Jabbar has since resigned from his position.
The issue first arose in a High Court case last year, and on that occasion the jury was discharged.
However Colm Deely's solicitor has argued that they had explicitly sought to raise Dr. Jabbar's competence throughout the trial.
Deely's appeal was due to be heard yesterday, but instead the DPP asked the court to quash his conviction and direct a retrial.
This occured, and Deely was remanded in custody to appear before the Central Criminal Court on January 16 next.
