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Stephen Cahoon from Londonderry has murder conviction quashed Stephen Cahoon from Londonderry has murder conviction quashed
(about 14 hours later)
A Londonderry man who was jailed for life for the murder of his pregnant ex-girlfriend has had his conviction quashed by the Court of Appeal in Dublin.A Londonderry man who was jailed for life for the murder of his pregnant ex-girlfriend has had his conviction quashed by the Court of Appeal in Dublin.
Stephen Cahoon, 42, with a last address at Harvey Street, Derry, admitted strangling Jean Quigley on 26 July, 2008.Stephen Cahoon, 42, with a last address at Harvey Street, Derry, admitted strangling Jean Quigley on 26 July, 2008.
However he denied it was murder.However he denied it was murder.
He was found guilty of murder on 30 April, 2012. A retrial has been ordered and he has been remanded in custody.He was found guilty of murder on 30 April, 2012. A retrial has been ordered and he has been remanded in custody.
Counsel for Cahoon said a retrial would be his client's third trial on the matter in circumstances where he had already served six years in custody.Counsel for Cahoon said a retrial would be his client's third trial on the matter in circumstances where he had already served six years in custody.
Cahoon's successful ground of appeal, submitted by his senior counsel was that the trial judge had misdirected the jury while explaining the defence of provocation.Cahoon's successful ground of appeal, submitted by his senior counsel was that the trial judge had misdirected the jury while explaining the defence of provocation.
In its judgment delivered on Wednesday, the President of the Court of Appeal said "it was a mistake on a central if not the central point of the whole case". In its judgment delivered on Wednesday, the president of the Court of Appeal said "it was a mistake on a central if not the central point of the whole case".
He said it was "a small number of words" used by the judge after he gave a substantial direction on the law and facts of the case.He said it was "a small number of words" used by the judge after he gave a substantial direction on the law and facts of the case.
It was not sufficient to answer the appeal by finding that "words were few and might not have had an impact".It was not sufficient to answer the appeal by finding that "words were few and might not have had an impact".
The judgement said the court would have to be satisfied that the words did not actually influence the jury.The judgement said the court would have to be satisfied that the words did not actually influence the jury.
The court allowed the appeal, quashed the conviction and ordered a retrial subject to Cahoon's lawyer's possible application that a retrial should not be the outcome.The court allowed the appeal, quashed the conviction and ordered a retrial subject to Cahoon's lawyer's possible application that a retrial should not be the outcome.
Cahoon, an unemployed labourer originally from Magherafelt, was remanded in custody to 13 April.Cahoon, an unemployed labourer originally from Magherafelt, was remanded in custody to 13 April.
The Cahoon trials made legal history.The Cahoon trials made legal history.
He was charged under the Criminal Law Jurisdiction Act of 1976 and was given the option of being tried in the Republic of Ireland or in Northern Ireland.He was charged under the Criminal Law Jurisdiction Act of 1976 and was given the option of being tried in the Republic of Ireland or in Northern Ireland.