Courts / Dublin / Report

Armed robber who shot take-away workers appeals conviction

Summary

Joseph Behan, 45, of Edenmore Park, Raheny, was convicted in February 2020 of robbery, attempted robbery, assault causing serious harm, assault causing harm, possession of a firearm and reckless discharging of the firearm after he shot two workers at Mizzoni's Pizza on New Year's Day 2019. He was sentenced to 15 years' imprisonment for assault causing harm. Behan now appeals his conviction, arguing that the search warrant for his house was not lawfully obtained and that a glove found with firearms residue was unconstitutionally seized. His barrister, Ronan Munro SC, contends that the warrant was issued by Detective Superintendent Paul Scott, who was involved in the investigation, and therefore was not independent. The Court of Appeal has reserved its judgement. The appeal focuses solely on the alleged unlawful search and seizure, not on the trial findings or sentencing.

Who, what, where, when and why

What: Report matter: Armed robber who shot take-away workers appeals conviction. Procedural stage: appeal. Findings: Convicted

When:

• January 1, 2019 Incident
• February 2020 Hearing Or Sentence
• New Year Other
• New Year's Day 2019 Other
• 2021-05-14 Publication

Why: Superintendent Gerard Donnelly, of Coolock Garda Station, who was leading the investigation, gave evidence in the voir dire that once CCTV established that the raider had entered Edenmore Park, he had formed the view that it was necessary to urgently seek a warrant in order to preserve any evidence that might be lost. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Theft Violent Crime

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Read the original CNI report