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DNA evidence against man convicted of "horrendous" aggravated burglary not enough, lawyers say

Summary

Adam Marlowe, a convicted person, appeared before the Court of Appeal regarding his conviction for aggravated burglary, robbery of €50, and assaulting Malachy Turley at a home in rural north Co Dublin on July 29, 2016. Marlowe had pleaded not guilty but was found guilty by a jury at Dublin Circuit Criminal Court and sentenced to 12 years imprisonment. His legal team argued that the DNA evidence linking him to the crime was insufficient, claiming the jury speculated on the origin of a 93% DNA match found on a blue latex glove fingertip. Prosecutors countered that the evidence was overwhelming and the trial judge properly directed the jury. The court, comprising Mr Justice John Edwards, Ms Justice Isobel Kennedy, and Ms Justice Aileen Donnelly, reserved its judgment. Consequently, the matter was adjourned, and Marlowe must wait to hear the outcome of his appeal. At the time of the offence, Marlowe was on bail for two district court offences and serving the suspended portion of a sentence for violent disorder. The victim, an 81-year-old farmer, suffered bruising and a deep cut requiring stitches, describing the incident as traumatic.

Who, what, where, when and why

What: Report matter: DNA evidence against man convicted of "horrendous" aggravated burglary not enough, lawyers say. Charges or matters: aggravated burglary, robbery of €50 and assaulting Malachy Turley causing him harm at his home in rural north Co Dublin, on July 29, 2016. Procedural stage: appeal. Findings: Convicted

When:

• July 29, 2016 Incident
• July 6, 2018 Hearing Or Sentence
• 2019-07-30 Publication

Why: Merely because DNA is found on an item with mixed profiles, did not mean it got to the scene of the crime by the person whose DNA it is, he submitted. CNI source report

Case subjects

Places mentioned

Topics

Burglary Stage Appeal Theft Violent Crime

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Read the original CNI report