Burglar argues retention of DNA sample breached his right to privacy

A man convicted of aggravated burglary at Ballymahon, County Longford has appealed his conviction in the Court of Appeal, arguing that gardaí unlawfully retained his DNA sample beyond a statutory 12-month period before he was charged. Eamon Murphy, aged 48, had pleaded not guilty at Longford Circuit Criminal Court to the offence at An Draigheann on July 3, 2011. He was convicted and sentenced to ten years imprisonment with the final three years suspended in October 2015. A forensic buccal swab was taken from Murphy in November 2011 following his arrest, but no court application was made to retain the sample within the required timeframe. He was not charged until January 2013. Murphy's barrister submitted that retention beyond the deadline constituted a breach of his constitutional right to privacy under section 4 of the Criminal Justice (Forensic Evidence) Act 1990. The Director of Public Prosecutions argued the DNA profile itself was not private information. The Court of Appeal reserved judgement.