Judges weigh retrial in McIlwaine case
Prosecutors are seeking the retrial of a west Belfast woman whose conviction for murdering her abusive partner while he slept was quashed, the Court of Appeal heard yesterday.
But lawyers representing Julie Ann McIlwaine, 35, claimed an alternative verdict of manslaughter should be reached over the fatal stabbing of James Joseph Crossley. Senior judges confirmed they will deal with the competing arguments next month.
McIlwaine, who has been serving a minimum 12-year jail term, remains in custody pending a final determination.
Mr Crossley, 38, was knifed to death at her former home in the Dunmurry area in March 2022.
She admitted killing her partner but denied the murder charge, claiming to have suffered a temporary loss of control as a victim of domestic abuse. The pair had been in a relationship marred by emotional manipulation and coercive control.
At the time of his death Mr Crossley was on bail for an alleged assault against McIlwaine and subject to a restraining order prohibiting any contact with her.
Despite a period of separation, they had re-established their relationship by the night of the killing.
Previous courts heard Mr Crossley took medication and went to sleep following arguments where he issued an ultimatum for McIlwaine to choose between him and her family.
During police interviews the defendant stated it all got on top of her and how she considered taking her own life. She described taking a knife from the kitchen, returning to the bedroom and moving their young child out of the way before repeatedly stabbing her sleeping partner.
The prosecution argued she made rational choices which demonstrated being in control of her actions.
In October 2024 a jury rejected McIlwaine’s case and returned a unanimous guilty verdict.
However, earlier this month she won a legal bid to overturn her conviction for murder. Defence lawyers successfully argued that jurors misdirected and reached a verdict which went against the weight of expert evidence.
Central to the appeal was how the trial judge advised them on the legal test for the loss of control defence.
Instead of being asked to decide if someone of similar characteristics to McIlwaine “might” have reacted similarly, the question posed was “would” that person have acted in the same way.
The wording used was found to have wrongly imposed a higher threshold for establishing probability.
Further issues related to opinions from two consultant forensic psychiatrists on the psychological impact of prolonged abuse and the responses of victims in coercively controlling relationships.
Based on the identified misdirection, appeal judges ruled that the murder conviction is to be quashed.
In court yesterday, Lady Chief Justice Dame Siobhan Keegan disclosed: “There is an application for a retrial.”
Prosecution counsel Richard Weir KC confirmed the request to re-run the case on the charge of murder.
But Eilis McDermott KC, representing McIlwaine, argued for an alternative outcome. “Our submission is that the court should consider substituting a verdict (of manslaughter),” she said.
With a number of other legal issues also still to be determined, proceedings were adjourned until early in November.
Dame Siobhan said: “We will deal with these matters in three weeks' time.”