A CO Kerry man who was found guilty of the murder of a woman he stabbed more than 90 times at her flat in Tralee lost his appeal against conviction yesterday.
Last March, John O'Mahony (37), a baker, of Boherbee, Tralee, was found guilty at the Central Criminal Court of the murder of Hannah (Margaret) O'Sullivan at a flat in Upper Castle Street, Tralee, on August 18th, 1996. He was jailed for life.
The body of Ms O'Sullivan, a separated mother of three, was found by her 12-year-old son on the day of her 40th birthday. O'Mahony had admitted her manslaughter but denied intent to murder.
At the Court of Criminal Appeal yesterday, it was submitted the trial judge erred in law in that he failed to direct the jury when requisitioned to do so on the defence of provocation.
It was argued the test to be applied was an entirely subjective one, having regard to O'Mahony's temperament, character and circumstances.
It was also submitted that the trial judge erred in law in that he failed or refused to direct the jury to the effect that the onus was on the prosecution to show beyond reasonable doubt O'Mahony was not provoked, having regard to the subjective test.
