The Privy Council granted the Crown special leave to challenge the decision by the Court of Appeal to reduce Holley’s conviction from murder to manslaughter.When it hears the full arguments later this year it will be first time ever that the Privy Council will adjudicate on a case referred to it by the Crown in Jersey.The Council is the highest British Court available for Commonwealth countries and dependencies.Sixty-year-old Holley killed his lover Cherylinn Mullane in a frenzied axe attack at Elysee Estate in 2000.
He was found guilty of murder after two re-trials and an aborted trial but the conviction was reduced to manslaughter on appeal.The Attorney General, William Bailhache, is contesting that decision and at the heart of the case is his contention that Holley’s chronic alcoholism should not have been a factor in the deliberation of his guilt.Holley’s defence was partly based on the fact that he was an alcoholic and he relied on English precedent which allowed juries to take into account an accused’s characteristics.Yesterday’s hearing in Downing Street was before three judges of the Council’s Judicial Committee.
English QCs appeared for the two sides with Holley’s Jersey lawyer Advocate Julian Gollop also in attendance.Advocate Gollop described the decision as ‘surprising and disappointing’.
