Courts / Dublin / Report

Right to privacy subject to right to investigate crime, appeal court told

Date
2019-10-30
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

In the Court of Appeal, state lawyers argued that the right to privacy is subordinate to the State's right to investigate crime, citing the €2m tiger kidnapping of the Richardson family. The case involves Mark Farrelly (48), David Byrne (46) and Niall Byrne (37), who pleaded not guilty to false imprisonment and robbery of Securicor. Farrelly, deemed the gang's mastermind, was sentenced to 17½ years; Byrne to 13½ years; Byrne to 10 years. Christopher Corcoran (72) received 12 years for scouting the kidnapping. The appeal, opened in January 2018, challenges the constitutionality of evidence gathered by Gardaí under 1993 legislation, now superseded by 2005 law. Counsel for the Director of Public Prosecutions contended that the breach did not affect evidence quality, as the same data would have been obtained under the newer law. The Court reserved judgment.

Who, what, where, when and why

What: Report matter: Right to privacy subject to right to investigate crime, appeal court told. Charges or matters: the false imprisonment of the Richardson family at their Dublin home in Ashcroft, Raheny and of robbing Securicor of €2.08 million on March 14, 2005. Procedural stage: appeal

When:

Case subjects

David Byrne

Convicted Person

Outcome: He was sentenced to 13-and-a-half years by Judge Greally last year.

Mark Farrelly

Appellant

Charges: the false imprisonment of the Richardson family at their Dublin home in Ashcroft, Raheny and of robbing Securicor of €2.08 million on March 14, 2005 (Alleged Or Contested)

Plea: Not guilty

Niall Byrne

Applicant

Outcome: Sentencing him to 10 years imprisonment, Judge Melanie Greally noted that he would have a more difficult time in prison as he has two brothers who are prison officers.

Places mentioned

Court Venue
  • Court of Appeal
  • Dublin
  • Dublin Circuit Criminal Court
  • Supreme Court
Secondary Mention
Residence

Topics

Stage Appeal Theft

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