Courts / Dublin / Report

Detective's conviction for harassing State Solicitor is upheld

Summary

Eve Doherty, a former detective sergeant, has lost her appeal against a conviction for harassing State solicitor Elizabeth Howlin. The Court of Appeal, presided over by Mr Justice John Edwards alongside President Mr Justice George Birmingham and Ms Justice Isobel Kennedy, upheld the jury's finding of guilt from Dublin Circuit Criminal Court. Doherty was originally found guilty of harassing Ms Howlin between September 2011 and March 2013 by sending abusive letters and emails. She had denied the charge but was found not guilty on two separate counts of making false statements in March 2012. In January 2018, Judge Melanie Greally sentenced Doherty to three years imprisonment, describing the communications as containing outright and "scurrilous" lies. Doherty's legal team argued that evidence obtained under the Communications (Retention of Data) Act 2011 was inadmissible because the Act breached EU law, and that the trial judge erred regarding the definition of harassment and the exclusion of certain documents. The Court of Appeal rejected these grounds, ruling that the retained data did not constitute Doherty's personal data and that her privacy rights were not breached. The judgment dismissed all appeals, thereby upholding the original conviction and sentence.

Who, what, where, when and why

What: Report matter: Detective's conviction for harassing State Solicitor is upheld. Procedural stage: appeal. Findings: Found guilty

When:

• September 2011 Hearing Or Sentence
• March 2013 Hearing Or Sentence
• March 2012 Hearing Or Sentence
• January 2018 Hearing Or Sentence
• September 28 Other
• 2019-05-31 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report