Court archive

Court reports mentioning Letterkenny, Donegal

2016-06-24 · Donegal

Murder accused has only "flashbacks" due to drink

At the Central Criminal Court, Dariusz Weckowicz has pleaded not guilty to the murder of Bogdan Michalkiewicz on 13 May 2013 at Westside Apartments in Letterkenny, County Donegal. His co-accused, Krzystof Grzegorski, has pleaded not guilty to murder but guilty to manslaughter, a plea the State rejected. During garda interviews on 17 June 2013, Mr Weckowicz told officers he was drinking heavily and could recall only "flashbacks" of the day in question. When presented with CCTV evidence placing him in the area with Mr Grzegorski, he stated he was surprised by his presence there and could not explain it. Gardai noted blood found on his clothing and told him he must have been present when the deceased was killed. Mr Weckowicz maintained he would have intervened had he witnessed violence against his friend and denied knowledge of events. The trial continues before Justice Patrick McCarthy and a jury.

2016-06-23 · Donegal

Murder accused "100% sure" he didn't kill, trial hears

Two men stand accused of murdering Bogdan Michalkiewicz on May 13, 2013, at Westside Apartments in Letterkenny, County Donegal. The Central Criminal Court heard that Dariusz Weckowicz, aged 51, told gardaí following his arrest in June 2013 that he was "more than 100 per cent sure" he did not kill the deceased. Weckowicz has pleaded not guilty to murder. His co-accused, Krzystof Grzegorski, aged 22, also from Letterkenny, initially pleaded guilty to manslaughter but not guilty to murder; the State rejected this plea. Grzegorski was initially arrested the day of the alleged killing for an unrelated shoplifting matter at a local store. Gardaí noted what appeared to be dried blood on his clothing upon arrival at the station. The trial before Mr Justice Patrick McCarthy and a jury continues before the Central Criminal Court.

2016-06-23 · Donegal

Accused told gardai he was "more than 100% sure" he wasn't killer

At the Central Criminal Court, a former Detective Sergeant gave evidence regarding statements made by a man accused of murder. Michael Carroll told the court that he arrested Dariusz Weckowicz, aged 51, in Letterkenny, County Donegal on 16 June 2013. Following caution, Mr Weckowicz stated he did not kill the alleged victim and expressed certainty of his innocence. Mr Weckowicz and co-accused Dariusz Grzegorski, aged 22, both of Letterkenny, face murder charges relating to the death of Bogdan Michalkiewicz on 13 May 2013 at Westside Apartments in Letterkenny. Mr Grzegorski has pleaded not guilty to murder but guilty to manslaughter; the State declined to accept this plea. Mr Weckowicz has pleaded not guilty to murder. The trial, before a jury of twelve, continues.

2016-06-22 · Donegal

Pathologist tells murder trial of "highly unusual" injuries to deceased

A consultant pathologist with 28 years' experience told the Central Criminal Court that she had never encountered injuries of the type found on a man discovered dead at his Letterkenny home in May 2013. Dr Alison Armour gave evidence at the trial of Krzystof Grzegorski, aged 22, and Dariusz Weckowicz, aged 51, both of Letterkenny, charged with the murder of Bogdan Michalkiewicz. Mr Grzegorski has pleaded not guilty to murder but guilty to manslaughter, a plea rejected by the State. Mr Weckowicz has pleaded not guilty. Dr Armour identified at least 46 injuries to the head and face, including stab wounds and injuries consistent with blunt force trauma. She documented multiple stab wounds to the stomach, two penetrating the liver, fractured ribs, and severe fractures to the skull and facial bones. The deceased bore a severed throat and nine stab wounds to the back of the tongue, which she described as extraordinarily unusual. She concluded that three separate injuries would have been sufficient to cause death, with the overall assault being sustained and violent.

2016-06-21 · Donegal

Deceased's DNA matched blood found on murder accused's clothes, trial hears

At the Central Criminal Court, a forensic expert testified that blood found on clothing and a shoe belonging to Dariusz Weckowicz matched that of Bogdan Michalkiewicz, who died on 13 May 2013 at his home in Westside, Letterkenny, County Donegal. Dr Alan McGee of Forensic Science Ireland examined items Weckowicz surrendered to gardaí four days after the alleged killing. Blood patterns on the jacket indicated Weckowicz was within two metres of the deceased while actively bleeding. Three knives recovered at the scene also bore the victim's blood. Defence counsel questioned whether the evidence established Weckowicz's involvement in inflicting injuries, with Dr McGee stating he could not rule anything in or out. A second forensic witness found bloody footprints on items at the scene that did not match Weckowicz's shoes. Weckowicz, aged 51, and Krzystof Grzegorski, aged 22, both of Letterkenny, stand charged with murder. Grzegorski pleaded guilty to manslaughter, though the State rejected this plea. Weckowicz pleaded not guilty. The trial before Justice Patrick McCarthy continues.

2016-06-20 · Donegal

Blood on ceiling of home, murder trial hears

At the Central Criminal Court, a detective from the Garda Technical Bureau described evidence gathered at an apartment in Westside, Letterkenny, following the death of a 41-year-old man in May 2013. Detective Garda Shane Curran outlined findings from the scene, including blood spatter patterns on the ceiling, extensive staining in living areas, and a body bearing injuries to the chest, neck, head and face. He detailed items recovered as evidence, among them a table leg with blood and hair, pillows bearing bloody footprints, and three knives, two of which appeared bloodstained. Two men are before the court on charges arising from the incident. Krzystof Grzegorski, aged 22, pleaded not guilty to murder but guilty to manslaughter; the State did not accept this plea. Dariusz Weckowicz, aged 51, pleaded not guilty to murder. The trial, heard before Justice Patrick McCarthy and a jury, continues.

2016-06-17 · Donegal

Murder accused got on knees to deny involvement in killing, witness tells jury

A witness at the Central Criminal Court told the jury that a man accused of murder knelt down and swore on his knees that he had not been involved in the killing. Adam Kycwaik said he encountered the accused, Dariusz Weckowicz, a few days after his friend Bogdan Michalkiewicz was discovered beaten to death at his home in Westside Apartments, Letterkenny, County Donegal on May 13, 2013. Mr Weckowicz, aged 51, and Krzystof Grzegorski, aged 22, both formerly of Letterkenny, face murder charges. Mr Grzegorski has pleaded not guilty to murder but guilty to manslaughter, a plea the State did not accept. Mr Weckowicz has pleaded not guilty to murder. The witness testified that Mr Weckowicz told him he had been present at the scene but was intoxicated and did not participate in the assault. The trial continues before Justice Patrick McCarthy and a jury.

2016-06-16 · Donegal

Murder accused was "aggressive" on day of alleged killing, trial hears

At the Central Criminal Court, a witness told a murder trial that one of the two accused appeared intoxicated and displayed unusual aggression on the date of the alleged killing. Przemyslaw Lyczek, from Letterkenny, described the behaviour of Krzystof Grzegorski (22) as strange and noted the smell of alcohol. The trial concerns the death of Bogdan Michalkiewicz on 13 May 2013 at Westside Apartments in Letterkenny, County Donegal. Grzegorski and Dariusz Weckowicz (51) face murder charges. Grzegorski has pleaded not guilty to murder but guilty to manslaughter; the State rejected this plea. Weckowicz has pleaded not guilty to murder. A further witness, Petr Adamovicz, testified that he observed a stain on Weckowicz's clothing shortly after the body was discovered. The trial, heard before Justice Patrick McCarthy and a jury, continues.

2016-06-15 · Donegal

Witness tells murder trial of discovering brother's "smashed" body

The murder trial of Dariusz Weckowicz and Krzystof Grzegorski, accused of killing Bogdan Michalkiewicz in Letterkenny in 2013, continued before Justice Patrick McCarthy. Both men face murder charges; Mr. Grzegorski pleaded not guilty to murder but guilty to manslaughter, a plea the State did not accept, while Mr. Weckowicz pleaded not guilty to murder. Witness Tomasz Michalkiewicz testified that he discovered his brother's body in a state of severe disfigurement, surrounded by smashed furniture and blood. Another witness, Dariusz Miraszewski, described Mr. Weckowicz as a heavy drinker who was not violent, noting he was frail and often passed out. Residents Claire Friel and Nicholas Mulvaney reported hearing raised voices and furniture moving on the day of the alleged incident but did not intervene. The court heard that Mr. Michalkiewicz had struggled with alcohol and a back injury. The trial is ongoing, with further evidence scheduled for the following day.

2016-06-14 · Donegal

Arthritic man living alone had head smashed in with television, murder trial to hear

A murder trial at the Central Criminal Court heard evidence today of a violent attack on a Polish man at Westside Apartments in Letterkenny, Co Donegal. Bogdan Michalkiewicz, aged 41, was found dead two days after the alleged assault on 13 May 2013. The prosecution opening outlined that Mr Michalkiewicz, who lived alone and received a disability pension due to arthritis, sustained multiple stab wounds and blunt-force injuries, including head trauma from a television. Krystof Grzegorski, aged 22, of Hazelbrook Park, Letterkenny pleaded not guilty to murder but guilty to manslaughter; the prosecution rejected this plea. His co-accused, Dariusz Weckowicz, aged 51, pleaded not guilty to murder. A Detective Sergeant from the Garda Technical Bureau gave evidence describing the scene, including blood stains, a knife, and a damaged television. The trial continues before a jury of eight men and four women.

2016-06-13 · Donegal

Pair to stand trial accused of Donegal murder

Two men from Letterkenny, County Donegal, are to stand trial at the Central Criminal Court for the murder of Bogdan Michalkiewicz. Dariusz Weckowicz, aged 51, and Krzystof Grzegorski, aged 22, both entered not guilty pleas to the charge. The alleged offence occurred on 13 May 2013 at Westside Apartments in Letterkenny. Justice Patrick McCarthy informed the jury that proceedings are expected to extend over approximately three weeks.

2016-05-30 · Donegal

Donegal man who falsely imprisoned partner will not return to jail despite "unduly lenient" finding

A Donegal man convicted of falsely imprisoning and assaulting his partner has avoided a return to custody despite the Court of Appeal finding his original sentence unduly lenient. Brian McLaughlin, 23, from Buncrana, had pleaded guilty to assaulting and falsely imprisoning his partner at their home on 20 October 2013. He received three years imprisonment with the final two-and-a-half years suspended at Letterkenny Circuit Criminal Court in July 2015. The Director of Public Prosecutions successfully challenged the sentence as unduly lenient. Mr Justice Garrett Sheehan noted the severity of the offence, including McLaughlin's possession of a kitchen knife while gardaí remained outside and the victim's fear for her life. However, the court found that McLaughlin's progress since release—including engagement with probation services, psychiatric treatment, and abstinence from drugs—meant re-imprisonment would not serve society's interests. The Court of Appeal re-sentenced him to three years with the balance suspended, subject to strict conditions and no contact with the injured party.

2016-03-14 · Donegal

Six month jail term for man who assaulted partner "unduly lenient"

A man from Buncrana, County Donegal, has had his sentence for assault and false imprisonment declared unduly lenient by the Court of Appeal. Brian McLaughlin, aged 23, pleaded guilty to assaulting and falsely imprisoning his partner at their family home on 20 October 2013. He was sentenced to three years imprisonment with the final two and a half years suspended by Letterkenny Circuit Criminal Court in July 2015, resulting in an effective six-month custodial term. The Director of Public Prosecutions successfully sought a sentence review. Mr Justice Garrett Sheehan, delivering judgement, outlined the severity of the offences, including that McLaughlin had locked his partner inside their home, struck her repeatedly, and strangled her. While gardaí were outside the property, he armed himself with a kitchen knife and was sharpening knives. The court found the original sentence departed substantially from what was appropriate given the circumstances. A fresh sentencing hearing will be scheduled.

2015-12-07 · Donegal

Sentence doubled for Donegal man over worst case of dangerous driving in Irish history

A man from Buncrana, Co Donegal, has had his sentence doubled following a Court of Appeal finding that his original jail term was unduly lenient. Shaun Kelly, aged 27, had pleaded guilty at Letterkenny Circuit Criminal Court to dangerous driving causing the deaths of eight men on a road between Clonmany and Buncrana on 11 July 2010. He was originally sentenced to four years imprisonment with the final two suspended. The Court of Appeal set aside this sentence and re-sentenced Kelly to eight years imprisonment with the final four suspended. Mr Justice George Birmingham described the incident as the worst road traffic accident in the history of the State. The judge noted Kelly's high culpability, the multiple fatalities, and his previous conviction for dangerous driving, whilst acknowledging mitigating factors including his youth, guilty plea, and the extraordinary generosity shown by victims' families. Kelly was also disqualified from driving for ten years.

2015-12-07 · Donegal

Appeal court considering new sentence for man whose dangerous driving caused the deaths of eight people

The Court of Appeal in Letterkenny is reconsidering the sentence imposed on a Buncrana man convicted of dangerous driving that caused eight deaths on a Donegal road in July 2010. Shaun Kelly, aged 27, had pleaded guilty at Letterkenny Circuit Criminal Court to the fatal collision between Clonmany and Buncrana. He received four years imprisonment with the final two years suspended, plus a ten-year driving disqualification. The Director of Public Prosecutions successfully challenged the sentence as unduly lenient, citing it as the most serious fatal collision and dangerous driving case in the State's history. The Court of Appeal agreed and commenced re-sentencing proceedings. During proceedings, the court received impact statements from three victims' families. Mr Justice George Birmingham stressed that while victim submissions warrant consideration, they cannot determine sentencing, which remains a matter of public prosecution by the State. The court indicated it would deliver its re-sentencing decision on the same day.

2015-11-30 · Donegal

NI man given life sentence for role in dissident republican murder moves to appeal conviction

A man serving a life sentence for his role in a dissident republican murder in Donegal in 2008 has lodged an appeal against conviction at the Court of Appeal. Martin Kelly, aged 41, from Strabane in County Tyrone, was found guilty by the Special Criminal Court in January 2012 of the murder of Andrew Burns, who was shot dead in a church car park at Donnyloop, Castlefin, on 12 February 2008. Kelly had pleaded not guilty to the charge. The three-judge court also convicted him of unlawful possession of a firearm with intent to endanger life, imposing a mandatory life sentence for murder and eight years for the firearms offence. Kelly's barrister submitted that statements made during gardaí interviews should be ruled inadmissible, arguing they were not voluntarily given and that fair procedures were breached. Counsel also contended that the trial court should have considered whether the actions taken departed fundamentally from what was planned in the alleged joint enterprise.

2015-11-27 · Ireland

Derry man tells murder trial that he "saw red" when pregnant ex-girlfriend told him baby wasn't his

A Derry man has given evidence at the Central Criminal Court denying murder but admitting he caused the death of his pregnant ex-girlfriend. Stephen Cahoon, aged 43, of Harvey Street in Derry, has pleaded not guilty to murdering Jean Teresa Quigley at Cornshell Fields in Derry on 26 July 2008. His defence counsel stated that while Mr Cahoon acknowledges killing Ms Quigley, this does not constitute an admission of murder. Testifying in his own defence, Mr Cahoon described losing his temper when Ms Quigley told him the baby was not his, saying he grabbed her and placed his hand on her throat to silence her. He stated he did not intend to kill her. Prosecution counsel challenged his account, presenting evidence from a witness via video link from Glasgow High Court who claimed Mr Cahoon visited him early that morning appearing distressed. Mr Cahoon denied this meeting occurred. The trial continues with closing speeches from counsel.

2015-11-26 · Donegal

PSNI officer agrees that prosecution witness in trial of man accused of murdering his pregnant ex-girlfriend is "suggestible"

Stephen Cahoon, aged 43, with an address at Harvey Street in Derry, has pleaded not guilty to the murder of Jean Teresa Quigley at Cornshell Fields in Derry on July 26th, 2008. The case is being heard in the Central Criminal Court. During cross-examination, a PSNI Detective Constable agreed with defence counsel that a key prosecution witness was "suggestible". The witness in question had conducted multiple interviews with Mr Cahoon's alleged visitor to Letterkenny, during which the account reportedly changed substantially regarding details such as clothing and demonstrations. Defence counsel highlighted inconsistencies in the witness's statements across six separate interviews. A Detective Sergeant denied allegations that he had threatened the witness. The trial is ongoing.

2015-11-16 · Donegal

Two-year jail term for worst case of dangerous driving in history of the State is found too lenient

A man sentenced to two years imprisonment following his guilty plea to dangerous driving that caused eight deaths in County Donegal in 2010 will face resentencing after the Court of Appeal found his original sentence unduly lenient. Shaun Kelly, aged 27 and from Buncrana, received a four-year term with the final two years suspended by a Circuit Court judge in Letterkenny. The Director of Public Prosecutions successfully challenged the sentence, with the Court of Appeal determining that the suspended portion and overall reduction from an appropriate starting point of seven years constituted an error in principle. The collision occurred on a road between Clonmany and Buncrana on 11 July 2010, when Kelly's vehicle, carrying seven passengers and travelling at high speed without seatbelts fastened, struck another car head-on. The court noted Kelly's previous conviction for dangerous driving and described the incident as involving sustained dangerous driving of exceptional gravity. Kelly is scheduled for resentencing on 7 December.

2015-11-10 · Donegal

Murder accused appeared "very shaky" on day pregnant woman's body was discovered, witness tells trial

A witness has told the Central Criminal Court that Stephen Cahoon appeared notably anxious on the morning a pregnant woman's body was discovered in Derry. Cahoon, aged 43 and from Harvey Street in Derry, Northern Ireland, has pleaded not guilty to the murder of Jean Teresa Quigley on 26 July 2008 at Cornshell fields. A man who was living in Letterkenny at the time testified by video link from Glasgow that Cahoon called to his home in the early hours of that day. The witness stated that Cahoon seemed "very shaky" and requested water before leaving after approximately thirty minutes. He recalled that Cahoon had mentioned being in town drinking. Justice Deirdre Murphy adjourned proceedings to address a legal matter and directed the jury to return on Thursday. The trial continues before a jury of twelve.

2015-10-22 · Donegal

Two-year jail term imposed on man whose dangerous driving caused eight deaths was "unduly lenient", DPP tells court

The Director of Public Prosecutions has appealed a sentence imposed on a man convicted of dangerous driving that resulted in eight deaths near Buncrana, County Donegal. Shaun Kelly, aged 26, of Hill Road, Ballymagan, Buncrana, pleaded guilty at Letterkenny Circuit Criminal Court to causing eight deaths through dangerous driving on a road between Clonmany and Buncrana on 11 July 2010. The trial judge imposed a four-year sentence with the final two years suspended and imposed a ten-year driving disqualification. The DPP argued before the Court of Appeal that the sentence was unduly lenient, contending it failed to reflect the gravity of Kelly's culpability and the severity of the harm caused. The prosecution submitted there was evidence of prolonged deliberate dangerous driving, that multiple fatalities were foreseeable, and that Kelly had a previous dangerous-driving conviction. Kelly's counsel argued the sentencing judge properly considered all aggravating and mitigating factors. The Court of Appeal reserved judgement.

2015-10-19 · Donegal

Former court clerk fails in appeal against conviction for threatening to kill

A former court clerk has lost his appeal against conviction for threatening to kill a man in Buncrana, County Donegal. Ciaran Waldron, aged 59, of Riverview, Buncrana, was convicted in 2011 at Letterkenny Circuit Criminal Court of making a threat to kill following an incident on 7 August 2006. Waldron had discovered his estranged wife in a car with another man and was acquitted of reckless endangerment but found guilty of the threat offence by jury. He was fined €1,000. At the Court of Appeal, Waldron challenged his conviction on two grounds, including an alleged error in the trial judge's direction to the jury regarding the threat charge. The court, presided over by Mr Justice George Birmingham alongside two fellow judges, dismissed the appeal. Mr Justice Birmingham found the defence counsel had expressed satisfaction with the direction at trial and could not now raise it as grounds for appeal. The Director of Public Prosecutions withdrew an application for sentence review following queries from the bench. The unnamed man pleaded not guilty.

2015-07-09 · Donegal

Teacher whose careless driving caused the death of a woman has balance of sentence suspended on appeal

A 28-year-old teacher from Letterkenny in County Donegal has had the balance of a 12-month prison sentence suspended on appeal following a conviction for careless driving that resulted in a fatal collision. Declan O'Donnell pleaded guilty at Monaghan Circuit Criminal Court to careless driving at Tulvaragh Lower, Carrickmacross on January 25th, 2013. He was sentenced to 12 months imprisonment on June 17th, 2015. The Court of Appeal found that the sentencing judge had been unduly influenced by the tragic consequences rather than the circumstances of the driving itself. The court noted the absence of aggravating factors, including no evidence of speeding, erratic driving, or impairment. O'Donnell was suspended from driving while travelling home from Dublin to Donegal on a wet evening when his vehicle collided with another car. The appeal court determined the case could be appropriately dealt with through a non-custodial sentence and suspended the remainder of his term conditional on completing 200 hours of community service.

2015-03-06 · Dublin

Former Russian Special Forces soldier avoids jail following sexual assault at Dublin airport

Liudas Vaisvilas, a 51-year-old Lithuanian former Russian Special Forces soldier, pleaded guilty at Dublin Circuit Criminal Court to sexual assault at Terminal 2 in Dublin Airport on April 10, 2014. Judge Patrick McCartan suspended a three-year sentence on the condition that Vaisvilas keeps the peace for that duration and obeys any instructions from Probation Services. The judge had previously remanded Vaisvilas in custody for a full psychiatric assessment, expressing concern that his mental state could lead to further offending. The assessment concluded he was in a temporary state of mind due to extreme tiredness and recent bereavements. Judge McCartan noted Vaisvilas is at low risk of reoffending and is remorseful. Vaisvilas has been in custody since the offence because he could not pay the €1,500 High Court bail. He was previously sentenced to a six-month suspended sentence for a second sexual assault at Eddie Rocket's Diner. Defending counsel Dominic McGinn SC stated Vaisvilas had not slept for five or six days, had consumed vodka, and was experiencing flashbacks to his military service. Vaisvilas has lived in Ireland for nine years and worked in Letterkenny.

2014-12-18 · Dublin

Man who sexually assaulted teenager at Dublin airport ordered to undergo full psychiatric assessment

Liudas Vaisvilas, 51, pleaded guilty at Dublin Circuit Criminal Court to sexual assault at Terminal 2 in Dublin Airport on April 10, 2014. The defendant, of Glenveagh Court, Letterkenny, Co Donegal, was remanded in custody for sentencing in February next, pending a full psychiatric assessment and an updated probation report. Judge Patrick McCartan expressed concern that Vaisvilas's mental state could lead to repeat offences. Vaisvilas was previously sentenced to six months' suspended imprisonment for a second sexual assault at Eddie Rocket's Diner on O'Connell Street, which occurred hours after the airport incident. He also has one other conviction for road traffic offences. Defence counsel Dominic McGinn SC stated that Vaisvilas had not slept for several days, had consumed vodka, and was experiencing flashbacks related to his past service in the Russian Special Forces in Siberia. The court heard that Vaisvilas has been in custody since the offence because he was unable to pay the €1,500 required under his High Court bail. Judge McCartan noted that Vaisvilas will receive full credit for the time spent in custody. The matter was adjourned to February for final sentencing.

2014-12-13 · Donegal

Donegal chiropractor has five-year sentence for violent burglary reduced to two on appeal

A Letterkenny chiropractor has had his sentence for burglary reduced on appeal. Kevin Ginty, aged 47, pleaded guilty to burgling the home of a woman with whom he had been in a relationship. He was initially sentenced to five years imprisonment at the Central Criminal Court in July 2013 for the offence committed in April 2010. The Court of Appeal has now reduced the sentence to two years, to run from the date of his conviction. The court found that insufficient weight had been given to Ginty's lack of previous convictions and his standing in the community. Whilst acknowledging the seriousness of the burglary, which involved an assault on the woman in her own home, the appellate court determined that a two-year custodial sentence was more proportionate for a first-time offender in cases of this nature.

2014-11-14 · Donegal

Lithuanian jailed for six years for having cannabis "grow house" fails in appeal

A Lithuanian national has failed in his appeal against a six-year custodial sentence imposed for cannabis cultivation offences in Donegal. Andrias Gruodis, aged 35, with an address in Ballybofey, had pleaded guilty in Letterkenny Circuit Court to possession of drugs for sale or supply and cultivation of cannabis. Judge John O'Hagan imposed concurrent six-year terms in July 2011 for the operation of a "grow house" where drugs valued at less than €24,000 were produced. The Court of Appeal heard that Gruodis had fully cooperated with gardaí and submitted that duress had played a role, with an undesirable element pressuring his sister. His barrister argued for a suspended sentence and voluntary deportation. The Director of Public Prosecutions countered that the offence was inherently serious, premeditated, and involved deliberate measures to evade detection. Mr Justice Garrett Sheehan, sitting with the President and two colleagues, found the sentence proportionate and dismissed the application.

2014-04-07 · Kildare

Man has indecent assault conviction quashed on first appeal under Supreme Court judgement

A man's indecent assault conviction has been quashed by the Court of Criminal Appeal in the first case decided under a recent Supreme Court ruling on suspect interrogation rights. The man, now aged 45, had been sentenced to two years imprisonment in April 2012 after conviction on two counts by jury at Naas Circuit Criminal Court. The alleged offences dated to December 1986 and 1987 in County Kildare. The applicant's counsel argued that a garda interview conducted before the man received legal advice breached his constitutional rights, citing the Supreme Court's March 2014 decision in DPP v Gormley, which established that suspects requesting a solicitor cannot be questioned until receiving legal advice. Presiding judge Mr Justice John MacMenamin found the case fell squarely within Gormley's principles. He noted the applicant's solicitor was en route to the station when questioning proceeded, and determined the interview material was inadmissible. The court allowed the appeal and declined to order a retrial, given the applicant had already served his sentence. The unnamed 45-year-old pleaded not guilty.