The Court of Criminal Appeal has overturned the conviction and life sentence imposed on a Cork man for the rape and murder of a young woman in Ballincollig in 2000. A retrial has been ordered.
Mr Ian Horgan's conviction was quashed on grounds relating to the trial judge's directions to the jury as to how it should approach the DNA evidence.
The prosecution had claimed this evidence linked Mr Horgan directly to the crime and that DNA in semen recovered from Ms Rachel Kiely's person matched DNA in saliva samples taken from Mr Horgan.
The CCA also found the trial judge's charge in relation to the presumption of innocence was less than satisfactory.
After a trial at the Central Criminal Court, Mr Horgan, of Innishmore Square, Ballincollig, Co Cork, was found guilty in June 2002 of the rape and murder of Rachael Kiely (22) on October 26th, 2000. He was jailed for life.
The former State Pathologist, Dr John Harbison, told the trial the woman was strangled after she was raped.
Presenting Mr Horgan's appeal yesterday, Mr Hugh Hartnett SC argued that the trial judge had failed to direct the jury adequately on the DNA evidence and failed to deal adequately with the "circumstantial evidence" in the case. He said it was known that science could make mistakes. He said semen could be found days after being discharged.
Yesterday Mr Justice Hardiman, presiding, with Mr Justice McKechnie and Mr Justice O'Leary, said there was a strong case to be made against Mr Horgan. However, Mr Justice Hardiman said, it was also clear that there were grounds for grave concern about certain aspects of the trial, including the trial judge's charge to the jury relating to the DNA evidence.
The court also felt the charge to the jury in relation to the presumption of innocence was also less than satisfactory, arguing that basic principles at issue in criminal trials should be explained coherently.
The judge also noted that the CCA operated on transcript evidence that was certified by the judge at the end of the trial, but which was clearly not satisfactory. He said portions of the transcript appeared to be attributed incorrectly. He said it was a very unfortunate state of affairs.
Mr Horgan was remanded in custody and will apply to the High Court for bail pending the retrial.