Courts / Laois / Report
Laois brothers have rape convictions quashed
Summary
The Court of Criminal Appeal quashed the rape convictions of Eamonn Flanagan (42) and Seamus Flanagan (35) after new evidence from key prosecution witness Daniel Lynch. The brothers had been jailed for three years in 2011 following a Central Criminal Court jury verdict for raping a woman in a Red Cow Hotel room in 2008. Lynch, a friend of the accused, claimed he was pressured by Gardaí to state he saw the men at the hotel door, a claim denied by the Gardaí. No DNA from the brothers was found on the victim. The appeal court found the convictions unsafe, set aside the sex‑offender register order and discharged the brothers from bail. The court declined to order a retrial, citing the difficulty of proving the case anew. The decision was announced by Justice John MacMenamin. Eamonn Flanagan pleaded not guilty. Seamus Flanagan pleaded not guilty.
Who, what, where, when and why
What: Report matter: Laois brothers have rape convictions quashed. Charges or matters: the anal and vaginal rape of the woman at the hotel, while Eamonn Flanagan pleaded not guilty to vaginal rape of the woman; the anal and vaginal rape of the woman at the hotel, while. Procedural stage: sentence
When:
- October 2011 Hearing Or Sentence
- March 3rd, 2008 Hearing Or Sentence
- March 2008 Incident
- April 30, 2008 Incident
- November 19, 2009 Incident
- November 2011 Hearing Or Sentence
- 2014-10-02 Publication
Why: Asked by Mr Coffey why he could not express his doubt, Mr Lynch said it was because he felt "bullied" and "forced" in to saying certain things. CNI source report
Case subjects
Convicted Person
Charges: the anal and vaginal rape of the woman at the hotel, while Eamonn Flanagan pleaded not guilty to vaginal rape of the woman (Alleged Or Contested)
Plea: Not guilty
Outcome: The brothers were jailed for three years by Mr Justice Garrett Sheehan in October 2011 after a Central Criminal Court jury convicted them of raping a woman in a room at the Red Cow Hotel in Dublin on March 3rd, 2008.; Mr Justice MacMenamin said this was a case that would normally require a reserved judgment, but in light of the conclusions of the court it would be wrong that the matter should be prolonged any further.
Convicted Person
Charges: the anal and vaginal rape of the woman at the hotel, while (Alleged Or Contested)
Plea: Not guilty
Outcome: The brothers were jailed for three years by Mr Justice Garrett Sheehan in October 2011 after a Central Criminal Court jury convicted them of raping a woman in a room at the Red Cow Hotel in Dublin on March 3rd, 2008.
Places mentioned
- Stradbally
- Ashley Gardens
- Portlaoise
- Central Criminal Court
- The appeal court
- made at Newbridge Garda Station
- Dublin
- Dublin Road
- Portlaoise
Topics
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