A 30-year-old Polish waitress who is serving a life sentence for murdering a man who was in love with her is appealing her conviction.
Csaba Orsas died when Marta Herda of Pairc na Saile, Emoclew Road in Arklow, Co Wicklow drove them into the South Quay in Arklow in 2013.
Opening his appeal against Marta Herda’s conviction, her barrister Giollaíosa Ó Lideadha said his submissions focused on six broad areas.
In failing to address the question of whether the act of driving into the harbour that morning was deliberate or accidental, he claims the trial judge did not charge the jury correctly before they began their deliberations.
That, he said, was a distinct ground of appeal and one of their main ones.
He also raised concerns about the way the judge dealt with, or failed to deal with, the issue of recklessness and he called the admissibility of certain evidence into question.
He criticised the judge’s directions relating to circumstantial evidence and also accused him of making a mistake when he explained the principle of reasonable doubt to the jurors.
The appeal is due to resume tomorrow.