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Judge correct to allow evidence of burglar's identification by Lord Mayor of Cork
Summary
Kevin Coade, 44, was found guilty of trespassing and theft at an 81‑year‑old neighbour's house on 25 July 2018. He was sentenced to seven years' imprisonment, with the last two years suspended, by Judge Sean Ó Donnabháin. Coade appealed, arguing that the trial judge erred by allowing the identification evidence of the then Lord Mayor of Cork, Councillor Michael Finn, and other witnesses, including CCTV footage from a local pub, to be presented to the jury. The Court of Appeal, led by Mr Justice George Birmingham, rejected the appeal. Birmingham held that the identification evidence was not inferior to a formal parade and that the judge had discretion to admit it. He also dismissed the claim that the jury should have been warned about possible false statements by Coade, concluding that no lies had been proven. The appeal was dismissed, leaving the conviction and sentence intact. Kevin Coade pleaded not guilty.
Who, what, where, when and why
What: Report matter: Judge correct to allow evidence of burglar's identification by Lord Mayor of Cork. Charges or matters: entering his neighbour's house at Annmount, Friar's Walk, as a trespasser, to commit a theft on July 25, 2018. Procedural stage: appeal
When:
- July 25, 2018 Hearing Or Sentence
- February 2019 Hearing Or Sentence
- 2023-06-13 Publication
Why: In legal argument at the trial about why a parade had not been conducted, Detective Garda Cormac Crotty said that after interviews were concluded the three men who had confronted Coade were not available, the Canadian tourist had returned home and two elderly women were not considered to form part of the identification process because they were "in shock". CNI source report
Case subjects
Appellant
Charges: entering his neighbour's house at Annmount, Friar's Walk, as a trespasser, to commit a theft on July 25, 2018 (Alleged Or Contested)
Plea: Not guilty
Outcome: After a trial at Cork Circuit Criminal Court in February 2019, where several witnesses identified Coade, including the then Lord Mayor of Cork Councillor Michael Finn, he was sentenced to seven years' imprisonment with the final two years suspended by Judge Sean Ó Donnabháin.
Appellant
Charges: entering his neighbour's house at Annmount, Friar's Walk, as a trespasser, to commit a theft on July 25, 2018 (Alleged Or Contested)
Outcome: After a trial at Cork Circuit Criminal Court in February 2019, where several witnesses identified Coade, including the then Lord Mayor of Cork Councillor Michael Finn, he was sentenced to seven years' imprisonment with the final two years suspended by Judge Sean Ó Donnabháin.
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