Courts / Dublin / Report

Missing evidence in sex assault trial sees not guilty direction

Summary

In a Dublin Circuit Criminal Court trial, Judge Elma Sheahan directed a not guilty verdict for Andrew Finni, 22, accused of sexually assaulting a shop worker in February 2018. The case collapsed after defence counsel Simon Matthews argued that missing CCTV footage, which could have supported Finni's defence, was lost because the shop's system overwrote recordings after eight weeks. The court found that the absence of this evidence denied Finni a fair trial. The judge emphasized that the ruling was not a judgment on the allegations or the complainant's evidence but on the importance of preserving evidence. The decision followed a similar ruling earlier that week where a different case was also dismissed due to lost CCTV footage. The judge noted that investigators had acted honestly and sought to preserve evidence as it became relevant. The complainant denied any prior conversation about gender or an invitation for Finni to "check if he liked.".

Who, what, where, when and why

What: Report matter: Missing evidence in sex assault trial sees not guilty direction. Charges or matters: sexual assault of a woman at a convenience shop in Dublin on February 21, 2018. Procedural stage: trial

When:

• February 21, 2018 Incident
• 2021-11-25 Publication

Case subjects

Places mentioned

Topics

Stage Trial Violent Crime

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Read the original CNI report