Courts / Cork / Report

Men jailed for serious assault should have been acquitted due to lack of evidence, lawyers submit

Summary

Bill O'Driscoll and Damien Fitzgerald, both of Cork, have appealed their convictions for assault causing serious harm and robbery against Karol O'Keefe, allegedly committed on November 25, 2013, at the Quarry Steps, Windsor Cottages, St Luke's. The men, who pleaded not guilty, were found guilty by a jury and sentenced to eight years' imprisonment by Judge David Riordan on June 15, 2015. In their appeal before a three-judge court, their lawyers argued that the trial judge erred by failing to direct an acquittal due to insufficient evidence. Counsel Elizabeth O'Connell SC submitted that while blood evidence linked the men to the scene, there was no proof they struck the victim, noting another man had pleaded guilty to the counts. Vincent Heneghan SC added that there was no evidence O'Driscoll made contact with the victim or the stolen phone. Prosecuting counsel Dermot Sheehan BL countered that the blood evidence and CCTV footage of Fitzgerald possessing the phone were sufficient to go to the jury. The court, comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Edwards, reserved its judgment, indicating it hopes to deliver its decision as soon as possible. The matter remains pending and has not been finalised.

Who, what, where, when and why

What: Report matter: Men jailed for serious assault should have been acquitted due to lack of evidence, lawyers submit. Charges or matters: assault causing serious harm to Karol O'Keefe at the Quarry Steps, Windsor Cottages, St Luke's, Cork on November 25, 2013; both counts. Procedural stage: appeal

When:

• November 25, 2013 Incident
• June 15, 2015 Hearing Or Sentence
• 2017-01-26 Publication

Why: "They were both involved because of the blood," he said. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Theft Violent Crime

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Read the original CNI report