Court rejects historic case appeal

An appeal by a Dublin man against his murder conviction for running down a 21-year-old man in his car was yesterday dismissed by the Court of Criminal Appeal.

In its judgment today the CCA rejected the argument made on behalf of Anthony O'Reilly, who is the first person in Ireland to be convicted of murder using a motor vehicle as a weapon, that there was an inconsistency in the DPP's case against him which made his conviction unsafe.

In April 2008, O'Reilly (aged 23) with an address at Cleggan Park, Ballyfermot, Dublin, was found guilty, of murdering Daniel McDonald, aged 21 on February 2, 2007. He received a mandatory life sentence for this charge.

Mr Justice Kevin O'Higgins also sentenced O'Reilly concurrent sentences of eight years for dangerous driving causing death and a further six years for reckless endangerment.

O'Reilly appealed against the murder conviction only. The DPP had opposed the appeal.

During what was a 16-day trial, the court heard the men had been fighting in Arklow's Rascals Disco. After being thrown out the pair continued to trade abuse.

Witnesses said that outside the club O'Reilly threatened bouncers and others telling Mr McDonald he was dead.

O'Reilly ran and jumped into the passenger seat of a car driven by a female driver as Mr McDonald kicked him through the passenger window. Mr McDonald's foot got stuck and O'Reilly told the driver to drive the car.

Mr McDonald fell free and the car drove off with O'Reilly banging the dashboard and yelling abuse.

As the driver drove back into the main street O'Reilly grabbed the steering wheel forcing the car in the direction of Mr McDonald and just missed him.

O'Reilly then got out of that car and into his own, and drove up the street as Mr McDonald walked on to the road to meet him. The court heard O'Reilly's Honda Civic went in Mr McDonald's direction.

When his car struck Mr McDonald O'Reilly was in the wrong lane doing at least 50mph.

Mr McDonald was thrown 78 feet in the air on impact and thrown 32.8 metres down Arklow's main street shattering his skull and tearing his brain tissue.