The Court of Criminal Appeal has overturned the conviction and life sentence of a new age traveller for the murder of a Portuguese man in Co Waterford and has directed a retrial.
Stuart Spicer (30), with an address at Ballyquin, c/o Ardmore post office, Co Waterford, was sentenced to life imprisonment in October 2003 after he was convicted at the Central Criminal Court of the murder of Sergio Abru at Clashanahy, Ardmore, Co Waterford, between September 6th-7th, 2002.
Two other men, Steven Job (33), Whiting Bay, Ardmore, Co Waterford, and Graeme Turnbull (38), Ballyhooley Road, Cork, were each found guilty of the manslaughter of Mr Abru.
Mr Spicer yesterday appealed his conviction to the three-judge Court of Criminal Appeal on a number of grounds, including that the trial judge had wrongly refused to allow the defence of provocation to go before the jury.
Ms Justice Fidelma Macken, presiding, said it would allow the appeal and set aside Mr Spicer's conviction on the basis that the trial judge had erred in not allowing the jury to consider a defence of provocation. The court would direct a retrial, she added.