Courts / Dublin / Report
Former garda turned judge refuses to hand over case of man who used firearm while resisting arrest
Summary
In a Dublin Circuit Criminal Court hearing on 20 October 2014, Judge Martin Nolan, a former garda, declined a defence application to recuse himself from sentencing Derek Murphy, 45, who had pleaded guilty to robbing Portmarnock Credit Union of €2,205 and to producing a firearm while seizing a vehicle and using it while resisting arrest. Defence counsel Sean Guerin SC requested a different judge, citing Murphy's discharge of a firearm during the arrest as a potential conflict. Judge Nolan explained that his only prior experience with gardaí was as a police officer, and he refused to step aside, arguing that doing so would create "profound ramifications" for judges with past police roles. Prosecutor Melanie Greally BL confirmed the pleas were acceptable to the Director of Public Prosecutions. Judge Nolan remanded Murphy in continuing custody until 18 December for sentencing.
Who, what, where, when and why
What: Report matter: Former garda turned judge refuses to hand over case of man who used firearm while resisting arrest. Procedural stage: sentence
When:
- November 16, 2012 Incident
- December 18 Adjournment
- 2014-10-20 Publication
Why: Defence counsel Sean Guerin SC asked Judge Martin Nolan for another judge to be assigned to the case because of the "previous experience of the court" and because Murphy "discharged a firearm for the purposes of resisting arrest. Defence account reported by CNI
Case subjects
Accused
Plea: Guilty
Outcome: Melanie Greally BL, prosecuting, said the pleas entered by Murphy were acceptable to the Director of Public Prosecutions on the basis of full facts being heard on the sentence date. Judge Nolan remanded Murphy in continuing custody until December 18 next for sentence; Judge Nolan remanded Murphy in continuing custody until December 18 next for sentence
Places mentioned
- Springdale Road
- Dublin
- Dublin Circuit Criminal Court
- Portmarnock
- Portmarnock Credit Union
- Strand Road
- St Anne's Square
Topics
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