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Interesting case

  • 15-02-2014 7:36am
    #1
    Closed Accounts Posts: 7,333 ✭✭✭


    I read this article and I reckon there is enough there for a re-trial.

    here

    How maddening to be in prison if he didn't do it.

    Is there reasonable doubt going from the authors description 1 vote

    Yes
    0% 0 votes
    No
    100% 1 vote
    Would want to know more.
    0% 0 votes


Comments

  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,561 Mod ✭✭✭✭johnnyskeleton


    They do set out a number of flaws in the medical report, and references to the transcript of the bath tube brides case is problematic.

    A big concern in murder cases is that, unlike say drugs or stolen items, only the prosecution's expert gets to review the body. By the time anyone knows that they are even a suspect, it is usually too late to carry out your own analysis. The fact that they are working on a hypothesis that it was a deliberate killing and not just accept that it was an accident is good investigative work, but is not necessarily good objective expert work.

    However, I would also be concerned that people place sometimes undue reliance on forensic scientific analysis. In this case, there was circumstantial evidence which is weak, but it apparently (since the Joe O'Reilly case at least) is enough to sustain a conviction. Moreover, the accused apparently gave evidence at his trial, so it would seem reasonably clear that the Jury didn't believe him even to the extent of him raising a doubt.

    Just because I, for example, would be unhappy to convict on the basis of circumstantial evidence, especially when someone takes the brave step of giving evidence themselves, doesn't necessarily mean that the conviction is wrong.


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