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Cork Man jailed for 14 years for attempted aggravated burglary faces retrial after successful appeal

Summary

Niall Fitzpatrick, 48, from Corrin Close, the Glen, Cork, faces a retrial after successfully appealing his conviction for attempted aggravated burglary and the possession of a pump action shotgun and ammunition at the home of Patrick Glavin in Glanmire on August 11, 2013. Fitzpatrick had pleaded not guilty at Cork Circuit Criminal Court. Following a three-week trial, a jury found him guilty, and Judge David Riordan sentenced him to 14 years imprisonment on November 13, 2014. On appeal, counsel Brendan Nix SC argued that the trial was compromised by the judge's failure to properly discharge a juror who sought to be excused. Nix SC stated that the Court Registrar entered the jury room to resolve the matter privately, a process that deprived both parties of input. The appellate court, comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice Garrett Sheehan, agreed that this procedure was unsatisfactory. Mr Justice Birmingham noted that Fitzpatrick may have been left with an understandable sense of grievance due to the lack of public administration of justice in that instance. Consequently, the court quashed the conviction and ordered a retrial. Fitzpatrick was remanded in custody to appear before Cork Circuit Criminal Court on October 28.

Who, what, where, when and why

What: Report matter: Cork Man jailed for 14 years for attempted aggravated burglary faces retrial after successful appeal. Charges or matters: attempted aggravated burglary and the possession of a pump action shotgun and ammunition at the home of Patrick Glavin, Glanmire on August 11 2013. Procedural stage: appeal. Findings: Found guilty

When:

• August 11 2013 Incident
• November 13, 2014 Incident
• October 28 Adjournment
• 2015-08-01 Publication

Case subjects

Places mentioned

Topics

Burglary Stage Appeal

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Read the original CNI report