Court archive

At Limerick Circuit Criminal Court

2024-05-13 · Limerick

Rathkeale man shouldn't foot legal bill after machete conviction overturned, court told

John O'Donoghue, a 54‑year‑old Rathkeale resident, was convicted in November 2021 of assault causing serious harm to a 74‑year‑old pensioner and of violent disorder. He received a 10‑year sentence for the assault and a concurrent eight‑year term for the disorder. O'Donoghue appealed, arguing that Gardaí failed to obtain vital CCTV footage and that a Garda notebook was withheld until the trial. In February 2024, Justice Tara Burns upheld his complaint, stating that the investigation's shortcomings deprived him of a reasonable prospect of defence. At the Court of Appeal, counsel for O'Donoghue argued he should recover costs from both the trial and the appeal, claiming the prosecution's flaws made the appeal necessary. Counsel for the State countered that the appeal was justified and that costs were discretionary. The Court of Appeal reserved judgment on the costs issue. John O'Donoghue pleaded not guilty.

2024-02-16 · Limerick

Rathkeale man jailed for 10 years for machete attack has conviction overturned

In February 2024 the Court of Appeal quashed the convictions of John O'Donoghue, a 54‑year‑old from Rathkeale, who had been jailed for ten years for assault causing serious harm to a 74‑year‑old Willie O'Driscoll Sr. in December 2017. The appeal was based on the prosecution's failure to obtain and preserve CCTV footage that a local resident had confirmed was operational at the time of the incident. The court found that Gardaí had an established duty to seek out such footage, but had not done so, depriving O'Donoghue of a reasonable prospect of defence. The court also noted that a Garda notebook was disclosed to the defence during the trial without prior notice, a procedural fault that was deemed unsatisfactory but not sufficient to overturn the conviction on that ground alone. The convictions were quashed and the case was adjourned for a possible retrial on 22 March 2024. John O'Donoghue pleaded not guilty.