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Bail granted to man who had Toddy Dooley murder conviction quashed
Summary
In August 2021 the High Court granted bail to James Davy, 30, after the Court of Appeal quashed his murder conviction for the 2014 killing of 64‑year‑old Thomas 'Toddy' Dooley. The appeal replaced the murder verdicts of Davy and Matthew Cummins, 27, with convictions for assisting an offender under Section 7(2) of the Criminal Law Act 1997. Davy was released on a €100 bond with conditions including a daily curfew, a mobile phone requirement, and a prohibition on travel to Edenderry. Cummins was denied bail and must remain in custody until his September 2 sentencing hearing. The High Court noted the two men had different circumstances and that Cummins had a larger record of post‑murder offences. The decision reflects the court's assessment that Davy's case warranted bail while Cummins' did not. The DPP was considering whether to appeal the Court of Appeal's decision to the Supreme Court.
Who, what, where, when and why
What: Report matter: Bail granted to man who had Toddy Dooley murder conviction quashed. Procedural stage: appeal
When:
- July 14 Incident
- February 12, 2014 Incident
- October 10, 2016 Incident
- September 2 Incident
- July 13 Hearing Or Sentence
- August 23 Hearing Or Sentence
- 2021-08-06 Publication
Case subjects
Convicted Person
Outcome: Ruling on Cummins' bail application, Mr Justice Michael White said he would have to give "serious consideration" as to whether Cummins would be sentenced consecutively for impeding the prosecution as he had other offences which post-dated it. Padraig Dwyer SC, for Davy, told the court that the DPP have had since July 13 to consider their position and no indication had yet been given as to whether there would be an appeal. "Davy has served the equivalent of a nine-year prison sentence," he argued.
Appellant
Outcome: Ruling on Cummins' bail application, Mr Justice Michael White said he would have to give "serious consideration" as to whether Cummins would be sentenced consecutively for impeding the prosecution as he had other offences which post-dated it. The judge highlighted that Cummins was in a "completely different situation" and the court would have to give "serious consideration" as to whether he would be sentenced consecutively for Section 7 Subsection 2 of the Criminal Law Act 1997 as he had other offences which post-dated that offence. "I'm not saying the court will impose a consecutive sentence but it is a live issue," indicated Mr Justice White, adding that he would not grant Cummins bail and he must remain in custody until his sentence hearing on September 2.
Places mentioned
- The High Court
- Supreme Court
- Court of Appeal
- High Court
- Central Criminal Court
- Mountjoy Prison
- Toddy's house
- Mr Dooley's house
Topics
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