Courts / Louth / Report

Conviction for harassing garda sergeant is upheld

Summary

The Court of Appeal has dismissed the appeal against the conviction of Sean Carraher for harassing Sgt Conor Gilmartin. Carraher, who pleaded not guilty at Dublin Circuit Criminal Court, was convicted by a jury of harassing the sergeant between March 2009 and May 2011. The allegations included making ten to twelve abusive telephone calls and publishing 58 internet postings on three websites, which contained claims that the officer was corrupt and unfaithful. Carraher had been sentenced to five years' imprisonment by Judge Patrick McCartan, who stated the tariff was intended to deter others from spreading grossly defamatory information. In his appeal, Carraher's counsel argued that the prosecution breached its duty to disclose his own telephone records, which were not put before the jury. However, Mr Justice Alan Mahon, sitting with Mr Justice George Birmingham and Mr Justice John Hedigan, ruled that the prosecution was not in breach of its disclosure duties. The court found that the records were available to Carraher, their absence did not prejudice his defence, and the trial remained fair. The judges noted that while the phone calls were heard by limited personnel, the internet postings were public. Consequently, the appeal was dismissed, upholding the original conviction and sentence.

Who, what, where, when and why

What: Report matter: Conviction for harassing garda sergeant is upheld. Charges or matters: harassing Sgt Conor Gilmartin between March 2009 and May 2011. Procedural stage: appeal. Findings: Convicted

When:

• March 2009 Hearing Or Sentence
• May 2011 Hearing Or Sentence
• 2018-05-10 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report