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Court reserves judgment on Nally appeal

Padraig Nally - Appeal judgment reserved
Padraig Nally - Appeal judgment reserved

The Court of Criminal Appeal has reserved its judgment in an appeal being brought by Padraig Nally, a 61-year-old Co Mayo farmer.

Last November, Mr Nally was sentenced to six years for the manslaughter of John Ward, a 42-year-old father of eleven.

Mr Ward, who was a Traveller, died after being shot twice and severely beaten at Mr Nally's home near Cross, Co Mayo, on 14 October 2004.

Earlier, Brendan Grehan SC, counsel for Mr Nally, told the court that his client's legal challenge against his conviction rests on the matter of directions given by the trial judge, Mr Paul Carney, to the jury.

Mr Grehan told that court that he would demonstrate that Mr Justice Carney explicitly told the jury that only two verdicts would be acceptable - either manslaughter or murder. He said that such directions put his client at a disadvantage.

Transcripts were read to the court which indicated that Mr Justice Carney stated that he was obliged to alert the jury to the possibility that certain verdicts, such as acquittal, would be 'perverse'.