Burglar appeals conviction on grounds that DNA sample should have been destroyed after 12 months

A man imprisoned for aggravated burglary at Ballymahon, County Longford has appealed his conviction in the Court of Appeal on constitutional grounds. The appellant contends that retention of his DNA sample beyond twelve months before he was charged constituted a breach of his right to privacy. A forensic swab was taken from him in November 2011 following his arrest, but he was not charged until January 2013. His legal team submitted that no application was made to the District Court within the requisite period to retain the sample, contrary to the Criminal Justice (Forensic Evidence) Act 1990. The barrister argued that the statute intended for all records of samples to be destroyed unless criminal proceedings commenced or a court order authorised retention. The Court of Appeal, presided over by Mr Justice George Birmingham alongside Mr Justice Alan Mahon and Mr Justice John Edwards, reserved judgement and adjourned the matter for further oral submissions in April 2016 regarding the constitutional and legal issues raised.