Brian Quinn’s convictions overturned and retrial ordered
This report is a localnews.ie summary based on public court reporting and records; sources are listed below.
The Court of Appeal overturned Brian Quinn’s convictions for assault and producing a knife and ordered a retrial. The proceedings were reported on 18 December 2015. The appeal judgment was delivered that day.
Quinn had pleaded not guilty to all charges at Dublin Circuit Criminal Court. These included intentionally or recklessly causing serious harm to Stephen Keogh, Lee Harte and James Toner Senior. Further charges concerned assaults causing harm to Kurtis Lennon, James Toner Junior and Robert Ryan, together with production of a knife. All related to 9 October 2011.
The jury found Quinn guilty of seriously assaulting Lee Harte, causing harm through assaults on Kurtis Lennon and James Toner Junior, and producing a knife. It acquitted him of the charges involving Stephen Keogh, James Toner Senior and Robert Ryan. On 10 March 2014, Judge Carmel Stewart imposed an eight-year prison sentence.
The report described people leaving a neighbouring 18th birthday celebration at around 4am. According to the prosecution, Quinn’s wife verbally abused those leaving, and a glass was thrown at them. Lee Harte was then pulled or dragged into Quinn’s home and stabbed. Quinn maintained that he believed a violent, abusive, drunken crowd was invading his home and attacking his wife. His case was that any force he used was lawful.
Mr Justice Garrett Sheehan said both parts of the self-defence test were subjective. Whether reasonable grounds existed could help establish if Quinn’s belief was honest, without converting the test into an objective one. He said the judge’s additional directions placed so much emphasis on objectivity that jurors might have misunderstood the applicable test.
The appeal court also said jurors needed a warning to scrutinise the reliability of prosecution witnesses who acknowledged possible exposure to prosecution for other offences.
The appeal panel comprised Mr Justice Garrett Sheehan, Mr Justice Alan Mahon and Mr Justice John Edwards. It allowed Quinn’s appeal and ordered a fresh trial. Quinn was remanded on bail, with his next appearance at Dublin Circuit Criminal Court listed as “January 28 next”.