Retrial for man who appealed assault on wife

A Cork man given eight years jail for seriously assaulting his wife, who refused to give evidence against him in court, faces a retrial following a successful appeal.

Anthony Kelleher, 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 on June 12, 2014.

He was unanimously found guilty at Cork Circuit Criminal Court and jailed in May.

Mr Kelleher was released in July following a successful appeal. He was remanded on continuing bail yesterday.

In a judgment yesterday, setting out the reasons for its decision, the Court of Appeal said it was not satisfied Mr Kelleher received a fair trial but was “strongly of the view” a retrial be directed.

Mr Justice Garrett Sheehan said the critical prosecution evidence comprised two statements made by Siobhán Kelleher when she was in hospital. The statements were admitted into evidence which allows a jury to receive previous statements from a witness when they refuse to give evidence during a trial.

In two statements, Mrs Kelleher said her husband had pulled her out of bed by her ponytail, with clumps of hair coming out. She described being thrown across the corridor, thrown down the stairs, and kicked a number of times.

The defence placed significant reliance on the evidence of Stephen Cusack, a consultant in Cork University Hospital, who said the injuries were consistent with a fall down the stairs.

The defence also relied on a solicitor, who recalled Mrs Kelleher giving evidence under oath on a previous occasion that she “would have had a few drinks” on the day and all she could remember was “falling at the clothes line and nothing else”.

Mr Justice Sheehan said a key aspect of an accused person’s right to a fair trial is the right to be able to effectively cross-examine witnesses called to give evidence. In this case, Mrs Kelleher took the oath and proceeded to answer to questions put to her that “I do not wish to give evidence”. At no stage did the trial judge intervene and explain to the witness she was obliged to answer the questions

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