Court rejects murder appeal

A Co Galway man has failed in his bid to have a fresh appeal against his conviction for the murder of an elderly woman more than 25 years ago heard by the Supreme Court.

The Court of Criminal Appeal rejected Michael Joseph Kelly argument that his appeal should be heard by the Supreme Court because it raises points of exceptional importance which should be determined by that court in the public interest.

In February 2008, the CCA dismissed Kelly's appeal against his conviction for the murder of 87-year-old Margaret Glynn. He sought to have his conviction declared a miscarriage of justice.

Kelly (aged 55), of Castleblakeny, Ballinasloe, Co Galway was convicted in March 1983 of Mrs Glynn's murder at her home at Keeves, Ballinkore Bridge, Co Galway, on the night of November 14/15, 1981.

Mr Kelly then applied to the CCA to refer his case to the Supreme Court on grounds the CCA decision raised issues not been previously dealt with by the Supreme Court.

The issues raised by Mr Kelly related to how the CCA evaluated and resolved a conflict over newly discovered facts in the case.

The DPP had argued that no points of exceptional public importance have been raised by Mr Kelly.

Today, the CCA of Mr Justice Nicholas Kearns presiding, sitting with Mr Justice Michael Hanna and Mr Justice Patrick McCarthy ruled that "after careful consideration" it was satisfied that no law of public importance had been raised in Mr Kelly's application.

In its judgment, the CCA said it would be inappropriate to allow the matter go to the Supreme Court and that Mr Kelly's application was misconceived.

Mr Kelly's trial in the early 1980s heard the bodies of Mrs Glynn and her brother Martin were removed from the house by firefighters after a fire.

Martin Glynn was found to have died of natural causes but it was alleged Mrs Glynn died of asphyxia due to manual strangulation.

It was alleged Kelly, who was working for the Glynns at the time, had strangled Mrs Glynn and then set fire to her bed.

Kelly was convicted of Mrs Glynn's murder and given a life sentence, but was released on licence more than a decade ago. He has always maintained his innocence.