Courts / Cork / Report

Pair have serious assault convictions upheld

Date
2017-07-28

Stage
Appeal

Primary locality
Cork

County
Cork

Summary

The Court of Appeal has upheld the serious assault convictions of Bill O'Driscoll (31) and Damien Fitzgerald (28), both from Cork, despite their legal teams' arguments for acquittal due to insufficient evidence. Both men had pleaded not guilty at Cork Circuit Criminal Court to charges of assault causing serious harm to Karol O'Keeffe at the Quarry Steps, Windsor Cottages, St Luke's, Cork on November 25, 2013, and also denied a charge of robbery. They were found guilty by a jury on both counts and sentenced to eight years imprisonment by Judge David Riordan on June 15, 2015. Both remain in custody serving their sentences. The appeal was based on the claim that the trial judge erred in not instructing the jury that the men had 'no case to answer'. However, Mr Justice John Edwards dismissed this, stating that the evidence was sufficient to support the convictions. The court noted that the prosecution's case was based on circumstantial evidence, but that multiple pieces of evidence, including forensic and CCTV evidence, as well as the men's replies during garda interviews, were significant. The appeal was allowed on the ground that the trial judge erred in law regarding the possibility of an alternative verdict on the robbery charge. The convictions for serious harm were upheld, while the robbery convictions were quashed. The Director of Public Prosecutions will consider whether a retrial on the robbery charge is appropriate.

Who, what, where, when and why

What: Report matter: Pair have serious assault convictions upheld. Charges or matters: assault causing serious harm to Karol O'Keeffe 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
2017-07-28 Publication

Case subjects

Bill O'Driscoll

Defendant

Charges: assault causing serious harm to Karol O'Keeffe at the Quarry Steps, Windsor Cottages, St Luke's, Cork on November 25, 2013; both counts (Alleged Or Contested)

Plea: Not guilty

Outcome: O'Driscoll and Fitzgerald were found guilty by a jury on both counts and were both sentenced to eight years imprisonment by Judge David Riordan on June 15, 2015. Both men remain in custody serving eight year sentences for their serious assault convictions.

Damien Fitzgerald

Defendant

Charges: assault causing serious harm to Karol O'Keeffe at the Quarry Steps, Windsor Cottages, St Luke's, Cork on November 25, 2013; both counts (Alleged Or Contested)

Plea: Not guilty