Courts / Dublin / Report

'Fundamental failure of process' in cleared man's case, miscarriage of justice hearing told

Date
2023-03-03

Stage
Appeal

Primary locality
Tallaght

County
Dublin

Summary

The Court of Appeal has reserved judgment in a miscarriage of justice application by Declan Tynan, who was cleared of violent disorder after spending 11 months in custody. Mr Tynan, who pleaded not guilty to alleged violent disorder at a Tallaght bookmakers in 2012, was initially found guilty by a jury and sentenced to four years' imprisonment with the final year suspended in January 2017. His subsequent appeal was dismissed, but his conviction was quashed in April 2018 after another man came forward claiming responsibility. Counsel for Mr Tynan argued there was a "substantial and fundamental failure of process" due to the non-disclosure of an email exchange between Gardaí that identified potential suspects, which they alleged skewed the trial. The State's counsel contended that the identification evidence remained valid and that no grave error in the administration of justice was proven. The court allowed a seven-day window to determine if the man who came forward will give evidence before delivering its decision.