Courts / Laois / Report

State appeals judge's direction to acquit robbery accused

Date
2022-07-15

Stage
Appeal

Primary locality
Portarlington

County
Laois

Summary

In July 2022 the State appealed a trial judge's direction to acquit a 38‑year‑old man accused of robbing an elderly Laois woman of her pension and holiday money at her back door. The man had been acquitted in May 2021 after the defence argued that a garda line‑up used to identify him was inadmissible because he had not been informed he was participating. The line‑up was informal, conducted without the man's knowledge, and he was the only participant who spoke to a garda during the pass. The trial judge agreed with the defence that the identification was unfair and ordered acquittal, refusing further evidence. The Director of Public Prosecutions appealed under Section 23 of the Criminal Procedure Act 2010, arguing the evidence was compelling and the line‑up was conducted to a high standard. The Court of Appeal has reserved its judgment.

Who, what, where, when and why

What: Report matter: State appeals judge's direction to acquit robbery accused. Procedural stage: appeal. Findings: Acquitted

When:

May 2021 Other
February 2022 Hearing Or Sentence
2022-07-15 Publication

Why: The defence had argued that a garda line-up in which he was identified was inadmissible because the male had not been informed that he was participating in one at Portarlington Garda Station. Defence account reported by CNI