Michael Dermot McArdle, from Louth in the Republic of Ireland, is pleading not guilty to an allegation that on January 9, he assaulted the woman

Michael Dermot McArdle, from Louth in the Republic of Ireland, is pleading not guilty to an allegation that on January 9, he assaulted the woman contrary to section 2 of the Non Fatal Offences Against the State Act. The case could not go ahead as soon as expected as one of the garda witnesses was currently involved in a murder trial.

In October 2008, Malaga Provincial Court found Michael Dermot McArdle guilty of the manslaughter of his wife, Kelly-Anne Corcoran, who fell from the balcony of their room at the five-star Melia Don Pepe Hotel in Marbella in February 2000. He was facing 15 years in prison, but was sentenced to two years.

The couple had a violent argument, which deteriorated into physical violence, on the balcony. In court, he claimed that his wife’s death had been accidental as she tried to stop their son from climbing the railing. The child, who witnessed the fall, was called upon to testify during the case. He repeated in court what he had told his uncle, that “Daddy pushed mummy down”.



The defendant was ordered to pay 10,000 euros in compensation to the victim’s parents and 60,000 euros to each of their two children. The Corcoran family vowed to donate any amount of compensation they receive to charity, as they said money could not make up for the loss of Kelly-Anne.

The jury reached its decision having considered all aspects of the evidence heard and the mitigating circumstances of the case, and the fact that McArdle had made an attempt to stop his wife from falling, as a number of witnesses testified. The jury accepted the fact that the accused had behaved in an inappropriate manner by arguing violently with his wife, but considered that he had not intended to kill her and had made an attempt to prevent her death. However, they were equally convinced that she did not fall by tripping accidentally, as the defence had suggested.

He was allowed to return home to Dundalk after the verdict, pending the outcome of the appeals process. However, in February 2010, with that process exhausted, the trial judge refused his request for the sentence to be suspended, and McArdle was ordered to return to Spain to serve his sentence.

In early March, he was given a deadline of 30 days to come up with the 220,000 euros compensation he owed the family and hand himself over to begin his prison sentence. He reportedly told the court that he had not been able to pay the money, but that he intended to. He has also been ordered to pay all court costs with fees estimated to amount to 500,000 euros still outstanding.

His lawyer, Luis Casaubon, and others from Ireland, appealed the decision on the basis that his client was being unfairly treated in comparison to other people who have been given similar sentences. This meant that in April, the deadline was put on hold. On that occasion, he avoided court due to the travel chaos caused by the volcanic ash.

Finally, the Supreme Court in Granada rejected the appeal and ordered McArdle to return to Spain and present himself to the authorities before August 5 or else an international arrest warrant will be issued against him. He has no further options of appeal.

During this whole process he remained in Ireland, where he has a new partner.