Aggravated burglar loses appeal despite "unlawful" retention of his DNA

A man convicted of aggravated burglary at Ballymahon, County Longford, has failed to overturn his conviction at the Court of Appeal, despite judges acknowledging that his DNA sample was unlawfully retained beyond the statutory 12-month deadline. Eamon Murphy (48) of Attracta Road, Cabra, Dublin 7, pleaded not guilty to the offence at Longford Circuit Criminal Court but was found guilty and sentenced to ten years imprisonment, with the final three years suspended, in October 2015. A forensic swab was lawfully taken following his arrest in November 2011, but no application was made to retain it beyond the required period before his charge in January 2013. The Court of Appeal, presided over by Mr Justice Alan Mahon, found that whilst the retention breach violated Murphy's legal rights, the trial judge had properly exercised her discretion to admit the evidence. The appeal was dismissed.