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Men who received drugs sentences totalling 34 years have convictions overturned

Summary

Three Dublin men—Jason Comerford (42), Don Brennan (38) and Dermot Griffin (54)—had their convictions quashed on appeal after being jailed in July 2011 for possession of €52,000 worth of heroin. The original sentences were 14 years for Griffin and ten years with two years suspended for each of the other two. The appeal court found that evidence presented at trial, including a large heroin cache discovered in Waterstown Park, was inadmissible and prejudicial, as it was unrelated to the charges of possession of the smaller quantity. Judge Patrick McCartan had admitted this evidence, but the Court of Criminal Appeal ruled it had been used inconsistently and for different purposes by the prosecution and the trial judge. Consequently, the convictions were overturned, and the case was referred for further consideration by the State. Jason Comerford pleaded not guilty. Don Brennan pleaded not guilty. Dermot Griffin pleaded not guilty.

Who, what, where, when and why

What: Report matter: Men who received drugs sentences totalling 34 years have convictions overturned. Charges or matters: possession of the drugs for sale or supply in Waterstown Park, Riversdale Estate, Palmerstown on May 19, 2008; possession of the same drugs on the same date on Kennelsfort Road Upper, also in Palmerstown. Procedural stage: sentence

When:

• July 2011 Hearing Or Sentence
• May 19, 2008 Incident
• June 17 2011 Incident
• 2014-03-31 Publication

Why: He said it did not seem in dispute that this evidence was on its face inadmissible, because the only charge against the men was the possession of the smaller quantity of heroin and because it was highly prejudicial and carried with it a considerable risk that the jury would think the worst of the defendants due to a putative link to the larger amount. CNI source report

Case subjects

Places mentioned

Topics

Drugs Stage Sentence

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Read the original CNI report