22/05/2009

Man Prosecuted Under 'Double Jeopardy' Rule

A man who was found 'not guilty' of the killing of his ex-girlfriend, has become the first person prosecuted by the Met Police under 'double jeopardy' legislation.

Mario Celaire, 31, from Sydenham, south-east London, was cleared in 2002 of killing 19-year-old Cassandra McDermott.

However, he was prosecuted under the new laws after his next attempted victim Kara Hoyte, 19, told police Celaire had confessed to killing Miss McDermott.

On Thursday 21 May at the Old Bailey, he pleaded guilty to manslaughter of Miss McDermott, and to the attempted murder of Miss Hoyte.

The court heard that the 31-year-old former Maidstone United player had a history of physically abusing Miss McDermott.

He began stalking her after she ended their four-year relationship and met a new man.

Miss McDermott was attacked at her mother's Streatham home in October 2001.

The court heard that Celaire – who now calls himself Marion McNish - either punched Miss McDermott or pushed her head into furniture, knocking her out and leaving her to choke to death.

In February 2007 he attacked Miss Hoyte in her Walthamstow home. She was struck over the head and suffered life-threatening head and brain injuries and was initially given only 24 hours to live.

The chain of events that lead to Celaire's conviction six years and six months after he was initially found not guilty began when Kara started to make her recovery from the injuries inflicted by Celaire.

It was initially thought the woman would die as a result of her injuries, but despite suffering paralysis down one side of her body and extreme difficulties communicating with people. Nine months after the attack she was able to speak to detectives for the first time.

Celaire had already been charged with her attempted murder, but during the course of the interviews she was able to tell officers she had found court papers relating to Celaire's 2002 trial.

When she confronted him he confessed to her that he had killed Cassandra McDermott, but had not meant to.

Since the original trial there had been a change in legislation enabling a person to be prosecuted again for serious offences such as murder, where 'compelling new evidence existed'.

As a result a re-investigation of the original murder enquiry was undertaken.

(JM/BMcC)

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