Courts / Dublin / Report

Violent disorder conviction quashed after other man claims he was attacker

Date
2018-04-24
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

A Dublin man, Declan Tynan, aged 28, had served 11 months in jail for a violent disorder conviction at a Tallaght bookmakers on 13 December 2012. The prosecution alleged he was one of three men who attacked a customer, with one attacker stabbing repeatedly. Tynan's defence argued the case relied solely on a visual identification by a Garda from CCTV footage, and that no medical or victim impact reports were produced. A jury found him guilty, sentencing him to four years with the final year suspended. After an appeal was dismissed, new evidence emerged: another man claimed to have been the third attacker. The Court of Appeal quashed Tynan's conviction under Section 2 of the Criminal Procedure Act 1993, with no opposition from the Director of Public Prosecutions. The court noted procedural failures in handling the CCTV evidence, including lack of logs and inadequate testing of the identification process. No further outcome was reported.

Who, what, where, when and why

What: Report matter: Violent disorder conviction quashed after other man claims he was attacker. Procedural stage: appeal

When:

Case subjects

Declan Tynan

Defendant

Plea: Guilty

Outcome: In what was described by Tynan's barrister, Eoghan Cole BL, as a "one witness case" in which the only evidence against his client was the purported visual identification of him by a garda from the bookie's CCTV, a jury found Tynan guilty and he was sentenced to four years imprisonment with the final year suspended by Judge Patricia Ryan on January 13, 2017.

Places mentioned

Secondary Mention
Residence
  • Vincent Street
  • Dublin
  • Kevin Street
Court Venue
  • Dublin
  • Dublin Circuit Criminal Court
  • Court of Appeal
Address Area
  • Kevin Street

Topics

Stage Appeal Violent Crime

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