Man seeks to have appeal against murder conviction referred to Supreme Court
A Galway man has applied to have his appeal against his conviction for the murder of an elderly woman more than 25 years ago heard by the Supreme Court on the grounds that it raises a number of points of exceptional public importance.
In February 2008 the Court of Criminal Appeal dismissed Michael Joseph Kelly's appeal against his conviction for the murder of 87-year-old Margaret Glynn.
Mr 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.
Today Mr Kelly asked the CCA to refer their refusal to quash his conviction to the Supreme Court because that judgment has raised issued that have not been previously dealt with by the Supreme Court.
The issues relate to the CCA's evaluation and resolution of conflict over what were newly discovered facts in the case.
The DPP has argued that no points of exceptional public importance have been raised by Mr Kelly.
Yesterday the CCA, presided over by Mr Justice Nicholas Kearns, sitting with Mr Justice Michael Hanna and Mr Justice Patrick McCarthy said they were reserving their decision in the matter.
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 at his trial that 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 had always maintained his innocence.
