Courts / Limerick / Report
Man who caused death of married couple through dangerous driving returned to jail following unsuccessful appeal
Summary
Michael Harty, aged 30, was convicted of dangerous driving that caused the deaths of Maurice Hartnett, 61, and his wife Margaret, 59, on 29 July 2009 in Askeaton. The jury found him guilty and he received a five‑year prison sentence and a 30‑year driving ban on 25 January 2013. Harty appealed the conviction and was granted bail five months later. The appeal focused on whether the trial judge correctly admitted biochemistry reports showing Harty's blood‑alcohol level exceeded the legal limit. Harty's counsel argued the evidence breached his constitutional right to privacy, claiming the right had never been formally enumerated. The Court of Criminal Appeal, led by Justice Garrett Sheehan with Justices George Birmingham and John Edwards, upheld the original conviction, stating the judge had acted correctly in admitting the evidence. Harty must now serve the original sentence. The court will publish its full reasoning at a later date. Michael Harty pleaded not guilty.
Who, what, where, when and why
What: Report matter: Man who caused death of married couple through dangerous driving returned to jail following unsuccessful appeal. Charges or matters: dangerous driving causing the deaths of Maurice Hartnett (61) and his wife Margaret (59) at Ardtomin, Askeaton on the evening of July 29, 2009. Procedural stage: appeal
When:
- July 29, 2009 Hearing Or Sentence
- January 25, 2013 Hearing Or Sentence
- 2015-05-11 Publication
Case subjects
Appellant
Charges: dangerous driving causing the deaths of Maurice Hartnett (61) and his wife Margaret (59) at Ardtomin, Askeaton on the evening of July 29, 2009 (Alleged Or Contested)
Plea: Not guilty
Outcome: Having been found guilty by a jury, Harty was given a five-year sentence and banned from driving for 30 years by Mr Justice Carroll Moran on January 25, 2013. Mr Justice Birmingham said Harty was now "required to serve the sentence originally imposed on him" and the court made the requisite orders.
Places mentioned
- Limerick
- Limerick Circuit Criminal Court
- Court of Appeal
- In view
Topics
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