Courts / Cavan / Report
All-Ireland winner fails in bid to overturn ATM theft gang conviction
Summary
The Court of Appeal has dismissed the appeal of Daniel O'Callaghan, a former All-Ireland winner, who was convicted at the Special Criminal Court for his role in a cross-border gang involved in ATM thefts. O'Callaghan, who pleaded not guilty to 16 offences including attempted theft and possession of stolen cash, was sentenced to ten years' imprisonment in March. His legal team argued that the identification of O'Callaghan by an NSU garda was flawed due to distance and time constraints. However, Mr Justice Birmingham, presiding, rejected this, stating the officer was a reliable witness with a clear view and that DNA evidence supported the identification. The court affirmed the Special Criminal Court's conviction, noting the strength of the evidence. O'Callaghan's co-accused, who pleaded guilty, were also sentenced. Stephen Duffy received four years for possessing stolen cash. Gerard Duffy and Ciaran Duffy were each jailed for seven years and nine months for attempted ATM theft and criminal organisation offences. Niall Finnegan was sentenced to four-and-a-half years, with the final 18 months suspended, for possessing proceeds from the thefts. The appeal was dismissed, upholding the original convictions and sentences.
Who, what, where, when and why
What: Report matter: All-Ireland winner fails in bid to overturn ATM theft gang conviction. Charges or matters: the charges against them; offences under Section 72 and 73 of the Criminal Justice Act; the attempted theft of an ATM at the Riverfront Hotel, Main Street, Virginia, Co Cavan on August 14, 2019, for the benefit of, at the direction of, or in association with a criminal organisation; two charges of participating or contributing to the possession of cash totalling €125,930 intending to facilitate the commission by a criminal organisation or any of its members of a serious offence at Tullypole, Moynalty, Co Meath, on August 14 and 20, 2019; possessing €298,000 at the same location on August 14, 2019, along with a charge of possessing a petrol can intending to use it or cause or permit another to use it to damage a stolen Toyota Landcruiser with false plates in Virginia, also on August 1
When:
- August 14, 2019 Incident
- April 3, 2019 Incident
- August 14 Incident
- March 2022 Incident
- November 2021 Incident
- July 2021 Incident
- August 2019 Incident
- 2018 and 2019 Other
- 2023-02-28 Publication
Why: Mr Heneghan said that O'Callaghan was appealing his convictions because of the "pivotal and fundamental" identification claim made by the NSU officer, which was an identification more relied upon by the sentencing court than a separate one made by the ERU garda. CNI source report
Case subjects
Accused
Charges: offences under Section 72 and 73 of the Criminal Justice Act; the attempted theft of an ATM at the Riverfront Hotel, Main Street, Virginia, Co Cavan on August 14, 2019, for the benefit of, at the direction of, or in association with a criminal organisation; two charges of participating or contributing to the possession of cash totalling €125,930 intending to facilitate the commission by a criminal organisation or any of its members of a serious offence at Tullypole, Moynalty, Co Meath, on August 14 and 20, 2019; possessing €298,000 at the same location on August 14, 2019, along with a charge of possessing a petrol can intending to use it or cause or permit another to use it to damage a stolen Toyota Landcruiser with false plates in Virginia, also on August 14; possessing a stolen Toyota Landcruiser, possession of a stolen 14-tonne digger and appropriating a digger without the consent of its owner in Virginia; being in possession of bolt-cutters with the intent of stealing a 14-tonne digger, with the attempted dishonest appropriation of the ATM at the Riverfront in Virginia and with being in possession of a stolen flatbed trailer all on August 14 of 2019; the charges against them (Proven)
Plea: Not guilty
Finding: Convicted
Outcome: Convicted; In sentencing Daniel O'Callaghan to ten years' imprisonment last March, Ms Justice Tara Burns said the accused took part in an "audacious" operation on behalf of a "well-oiled" criminal organisation that committed a series of ATM thefts and an attempted theft that was thwarted by gardai in 2019. Four of O'Callaghan's accomplices were also jailed for their roles in the ATM thefts.
Convicted Person
Charges: the charges against them (Admitted)
Plea: Guilty
Outcome: Gerard Duffy (32), of Loughnamore, Co Monaghan, was jailed for a total of seven years and nine months for the attempted theft of an ATM at the Riverfront Restaurant on the Main Street in Virginia, Co Cavan. The youngest of the Duffy brothers, Ciaran (29), also of Loughnamore, Co Monaghan, was given a total of seven years and nine months imprisonment for the attempted bank machine theft and participating in the movement in cash on behalf of a criminal organisation.
Convicted Person
Plea: Guilty
Outcome: Niall Finnegan (40) was jailed for four-and-a-half years with the final 18 months suspended for possessing cash, which was the proceeds of the ATM thefts carried out by the gang.
Convicted Person
Charges: the charges against them (Admitted)
Plea: Guilty
Outcome: Stephen Duffy (36), of Tullynahinera in Castleblayney, Co Monaghan, was sentenced to four years imprisonment for possessing stolen cash at The Yard in Tullypole, Moynalty, Co Meath. Gerard Duffy (32), of Loughnamore, Co Monaghan, was jailed for a total of seven years and nine months for the attempted theft of an ATM at the Riverfront Restaurant on the Main Street in Virginia, Co Cavan.
Places mentioned
- Special Criminal Court
- Court of Appeal
- Main Street
Topics
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