Murder retrial to prolong family’s ordeal
Rachel Kiely, a 22-year-old beautician from Cork, was attacked while out walking her dogs in a park in October 2000.
Yesterday the Court of Criminal Appeal ruled the conviction of Ian Horgan, aged 20, of Innishmore Square, Ballincollig, Co Cork, for her rape and murder was unsafe.
The court made the ruling on a number of grounds.
"It's kind of sinking in now the enormity of it, that we had to go through this process from start to finish and it's daunting that we have to do it again and that it could go either way," John Kiely, the victim's father said yesterday.
Mr Kiely said his family's trauma was ongoing and he found it "unbearable" to think a conviction might not again be secured.
"I know the gardaí couldn't have done enough in trying to find the killer, I'm very grateful for what they did in getting a conviction through the courts," Mr Kiely said.
Horgan was sentenced to life in prison on June 18, 2002, for the murder of Ms Kiely. He also received a 10-year sentence for rape.
In court yesterday Hugh Hartnett, SC for Horgan, argued that the trial judge had failed to direct the jury adequately on the DNA evidence and failed to deal adequately with the legal rules regarding the use of circumstantial evidence.
Setting aside the conviction, Mr Justice Adrian Hardiman, presiding, said there was a strong case to be made against Horgan, most notably in relation to DNA evidence, but there were also grounds for "grave concern" on certain aspects of the trial.
The judges were not satisfied that transcripts used by the judge in the original trial were complete and said that the advice to the jury in relation to the presumption of innocence was less than satisfactory.
"It is important that the basic principles at issue in criminal trials should be explained coherently," the judge said.
The three-judge court held that these matters were of fundamental importance and could not be ignored. The court ordered a retrial and remanded Horgan in custody. He can now apply to the High Court for bail.
While the Kiely family have expressed concern about Horgan's bail application, they say they will again face the court system in an attempt to get justice.
"Rachel was so sweet, so gentle and so loving. It's four years since it happened, but you don't forget," Mr Kiely added.
