Courts / Dublin / Report

Gang member jailed as part of "Operation Slope" has conviction upheld

Date
2018-06-26

Stage
Appeal

Court
Wexford Circuit Criminal Court

Primary locality
Dublin

County
Dublin

Summary

Jason Byrne, a 38-year-old from Clondalkin, Dublin 22, has lost his appeal against his conviction. Byrne had pleaded not guilty at Wexford Circuit Criminal Court to a series of offences, including three counts of burglary, one count of aggravated burglary, assault causing harm, and unauthorised use of a vehicle, allegedly committed in the south-east in 2008 and 2009. Following a lengthy trial, a jury found him guilty, and Judge Barry Hickson sentenced him to six years imprisonment on April 15, 2016. The Court of Appeal, presided over by Mr Justice George Birmingham with Mr Justice Alan Mahon and Mr Justice John Hedigan, dismissed the appeal, holding that the trial was satisfactory and the conviction safe. The prosecution alleged Byrne was part of a gang targeted by An Garda Síochána's Operation Slope. Key evidence came from Des Kavanagh, an accomplice in the Witness Protection Programme, who implicated Byrne in incidents including a burglary at Bunclody and an assault at an Esso filling station. Byrne's lawyers argued Kavanagh's evidence lacked credibility and transparency. However, the Court of Appeal noted the trial judge had issued clear warnings to the jury regarding the dangers of relying on such evidence. The court concluded that the matter was quintessentially for the jury to decide, and they were content to convict based on the evidence presented.

Who, what, where, when and why

What: Report matter: Gang member jailed as part of "Operation Slope" has conviction upheld. Charges or matters: a series of offences including three counts of burglary, one count of aggravated burglary, assault causing harm and unauthorised use of a vehicle at locations in the south-east in 2008 and 2009. Procedural stage: appeal. Findings: Found guilty

When:

April 15, 2016 Incident
May 23 Incident
December 6, 2008 Incident
2008 and 2009 Incident
2018-06-26 Publication

Case subjects

Jason Byrne

Appellant

Charges: a series of offences including three counts of burglary, one count of aggravated burglary, assault causing harm and unauthorised use of a vehicle at locations in the south-east in 2008 and 2009 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; He was found guilty by a jury following a lengthy trial and sentenced to six years imprisonment by Judge Barry Hickson on April 15, 2016.

Operation Slope

Appellant