No retrial of doormen who had assault convictions overturned

The Court of Criminal Appeal has declined to order a retrial of two nightclub doormen whose assault convictions were previously quashed. Frankie Murphy, aged 44, of Stephen Street, Sligo, and John Molloy, aged 33, of Creggs Road, Ballina, County Mayo, had been found guilty in October 2011 by Sligo Circuit Criminal Court of assault causing harm following an incident at Envy nightclub on 18 February 2009. The victim lost part of one finger when an entrance door was closed against him. The appeal court found the convictions unsafe and set them aside last month. Although the Director of Public Prosecutions sought a retrial, Ms Justice Elizabeth Dunne ruled that weaknesses in key prosecution witness evidence and the considerable time elapsed since the alleged offence made a retrial inappropriate. The court identified deficiencies in how the trial judge charged the jury regarding self-defence, accident, and joint enterprise. Costs were awarded to Mr Molloy.