Courts / Wexford / Report
Fire safety conviction overturned, despite court rejecting grounds of appeal
Summary
In July 2022 the Court of Appeal quashed Leslie Peacock's 2015 conviction for failing to ensure fire safety at Kennedy Plaza Apartments, despite rejecting his appeal grounds. The court found sufficient evidence that Peacock, the owner, had control of the premises and was responsible for the alarm system. It also rejected the argument that a change in the indictment wording misled the jury. However, the appellate judges were concerned that the trial judge's charge confused the jury about the offence's elements, particularly the relevance of knowledge and reasonable practicability, and that hearsay evidence about the alarm being disabled was improperly presented. Consequently, the conviction was quashed and a retrial ordered for October 4, 2022, while Peacock remains liable for a €50,000 fine payable in monthly instalments, with imprisonment if payments are missed. Leslie Peacock pleaded not guilty.
Who, what, where, when and why
What: Report matter: Fire safety conviction overturned, despite court rejecting grounds of appeal. Procedural stage: appeal. Findings: Convicted
When:
- January 2015 Hearing Or Sentence
- January 20, 2012 Hearing Or Sentence
- June 10, 2015 Other
- October 4 Adjournment
- 2022-07-27 Publication
Why: The argument was rejected by the Court of Appeal because the trial judge "in plain terms explained the nature of the offence and made it clear that the key issue was that of control". CNI source report
Case subjects
Appellant
Plea: Not guilty
Finding: Convicted
Outcome: Convicted; On June 10, 2015, Peacock was sentenced to pay a fine of €50,000 in monthly instalments of €1,000 a month over 50 months.; We will therefore quash the conviction for that reason and remit the matter for a retrial," said Mr Justice McCarthy, who adjourned the matter to October 4.
Places mentioned
- Court of Appeal
- Wexford
- Wexford Circuit Criminal Court
- Rockland House
- Cherry's Road
- New Ross
Topics
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