Scope of Jozef Puska's conviction appeal may change, lawyers tell court
by Fiona Magennis
Lawyers representing Jozef Puska in his bid to overturn his conviction for the murder of schoolteacher Ashling Murphy have told a court that the “ambit of the appeal” may change.
Puska is serving a life sentence for the murder of Ms Murphy (23), whom he attacked and stabbed repeatedly in the neck as she exercised along the canal towpath outside Tullamore, Co Offaly on January 12, 2022.
Puska’s appeal against his conviction for murder was originally due to be heard on April 23, but this date was vacated after his barristers made an application days beforehand to withdraw from the case as a result of instructions given by Puska to his solicitor.
A week later, Senior Counsel John Berry confirmed he had come on record to represent Puska and Ms Justice Isobel Kennedy, presiding at the Court of Appeal, set a new hearing date of July 15 for the conviction appeal.
The matter was listed for case management at the Court of Appeal today (Friday) before Ms Justice Kennedy.
When the matter was called on, Mr Berry told the court that he had received “an indication of an instruction” in the last two days.
He said that instruction will have to be confirmed in person, but that this could “dramatically reduce down the time needed”.
Counsel asked that the matter be listed again in seven days’ time.
Ms Justice Kennedy asked if this was “simply with a view to decreasing the time needed”.
“It may be that the ambit of the appeal will change as well,” Mr Berry replied.
The barrister said he would discuss the matter with counsel for the Director of Public Prosecutions, Anne-Marie Lawlor SC. He added that “if what happens comes to pass” then he didn't think "the court will be in any way inconvenienced or discommoded”.
Ms Justice Kennedy adjourned the matter to July 10.
Puska, who told detectives that he stopped working in 2017 after slipping a disk in his back, has been granted legal aid for his appeal on the same basis as his representation during his trial at the Central Criminal Court - where he was allocated a solicitor, a senior counsel and two junior counsel.
The 35-year-old, with a last address at Lynally Grove, Mucklagh, Co Offaly, had pleaded not guilty to murdering Ms Murphy at Cappincur, Tullamore, on January 12, 2022.
The jury found that Puska stabbed Ms Murphy 11 times in the neck and slashed her once with the edge of a blade before leaving her to die in the thick thorns and brambles by the side of the canal towpath between Tullamore town and Digby Bridge. A monument now stands where she died.
Puska was placed at the scene by the presence of his distinctive green and black bicycle a few feet from Ms Murphy's body. He had been captured on CCTV cycling the same bicycle around Tullamore earlier that afternoon, stalking two women before heading towards the canal.
Puska's DNA was found on the bike as was his fingerprint, while his DNA was also under Ms Murphy's fingernails. The prosecution argued that the DNA under her nails showed that Ashling had scratched her attacker as she fought to save her own life.
When gardai spoke to Puska the day after the murder, his face and hands were covered in scratches that were consistent with him crawling through the thorns and briars by the side of the towpath where he murdered Ms Murphy.