Martin Hayes, convicted of the manslaughter of Amadea McDermott, appeals his sentence, arguing that testimony from a subsequent partner was unfairly prejudicial to his case. Hayes maintains his innocence, claiming McDermott inflicted the fatal wound herself, but admitted to violence against her during their relationship. Lawyers for Hayes argue that the partner's testimony about his custody status and her fear of him was highly prejudicial and should have led to the jury's dismissal.
A “deranged monster” who claimed that his partner deliberately stabbed herself to death after a relationship in which he had beaten, threatened and controlled her has appealed his conviction, arguing evidence given by a subsequent partner during his trial was “highly prejudicial”.
He had also made "menacing videos" in which he challenged Ms McDermott regarding Hayes's untrue and unfounded belief that Ms McDermott was involved in an incestuous relationship. The judge further noted the recent bruises on Ms McDermott's body as noted by a pathologist following her death and evidence that Hayes had a history of aggressive and violent behaviour towards his victim.
It was put to her that in the May statement she had "sprinkled in the confession". Ms Higgins replied that she was "in genuine fear", adding: "I was afraid". The trial heard that Hayes "absolutely did not accept" that he had made such a confession. He said that while the fact that Hayes was in custody might not be enough to discharge the jury “in and of itself”, it was the evidence of Ms Higgins being “in fear of her life” and the fact that this was an alleged murder in the context of her having been in a relationship with the appellant that was of “particular prejudicial effect”.Sean Gillane SC, for the Director of Public Prosecutions, said Mr Dwyer had gone straight to the question that had prompted the answer in relation to custody.
He said when all these matters were taken into account, the argument that the jury should have been discharged because of Ms Higgins’ comments was “simply an unsustainable proposition”.
DOMESTIC VIOLENCE APPEAL MANSLAUGHTER TESTIMONY CONVICTIONS
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