Husband given 8 years for assault wins appeal

A Cork man given eight years for seriously assaulting his wife, who refused to give evidence against him at trial, is set to be released from prison following a successful appeal.

Anthony Kelleher, aged 42, with a last address at Raleigh North, Macroom, Co Cork, had pleaded not guilty to assault causing serious harm to his wife Siobhán at their home in Macroom on June 12, 2014.

He was unanimously found guilty by a jury of nine men and three women at Cork Circuit Criminal Court and jailed for eight years by Judge Seán Ó Donnabháin in May.

In an ex tempore (there- and-then) judgement delivered from the bench yesterday, Mr Justice Garrett Sheehan said that the Court of Appeal had considered the submissions from both sides and was satisfied that the appeal should be allowed.

Reasons for allowing the appeal will be set out in a judgement to be delivered in the early part of next term, he said.

Mr Justice Sheehan, who sat with Mr Justice Alan Mahon and Mr Justice John Edwards, said the court will deal with the issue of whether there should be a retrial on that occasion.

Kelleher was required to enter into his own bond of €5,000; to have no contact with Siobhan Kelleher directly or indirectly; to reside at his home address; and to surrender his passport.