Courts / Roscommon / Report
Court rejects inquiry into detention of jailed Strokestown eviction vigilante
Summary
The High Court has dismissed an application for an inquiry into the detention of Martin O'Toole, also known as Martin Thomas, who was convicted of offences related to the 2018 Strokestown eviction incident. In a judgment delivered on Thursday, Mr Justice Mark Sanfey refused to direct an inquiry under Article 40 of the Constitution, characterizing the bid as a collateral attack on the verdict and sentence handed down by Judge Martina Baxter. O'Toole, 59, was found guilty by a jury at the Circuit Criminal Court of several offences, including aggravated burglary, violent disorder, and assault, and was sentenced to a total of 15 years in prison. He is currently detained in Castlerea Prison. The application was brought by two individuals, Ms Melissa Kelly and Mr Joe Doocey, who argued the trial was fundamentally flawed and that O'Toole was an innocent man. However, Mr Justice Sanfey noted that much of the evidence presented was hearsay and that O'Toole had not personally submitted documentation to support the claim. The judge emphasized that the High Court can only interfere with detention if a trial is clearly fundamentally flawed, a threshold not met here. He further stated that an appeal, which the applicants had rejected, was the clear remedy for raising complaints about the trial conduct. O'Toole has rejected any wrongdoing, claiming his legal team failed to follow his instructions.
Who, what, where, when and why
What: Report matter: Court rejects inquiry into detention of jailed Strokestown eviction vigilante. Charges or matters: several offences and was sentenced to a total of 15 years in prison by Judge Martina Baxter. Procedural stage: sentence. Findings: Found guilty
When:
- December 16, 2018 Incident
- 2023-10-12 Publication
Why: They had sought the inquiry on several grounds including that Mr O'Toole/Thomas should be released because judge Baxter had refused to halt the criminal trial to allow the High Court to consider a constitutional challenge aimed at stopping the trial from continuing. CNI source report
Case subjects
Convicted Person
Charges: several offences and was sentenced to a total of 15 years in prison by Judge Martina Baxter (Proven)
Finding: Found guilty
Outcome: Found guilty; Photo: Collins) The High Court has dismissed a bid for an inquiry into the detention of a farmer who took part in a vigilante mob attack on security personnel guarding a repossessed farmhouse in 2018 and was jailed for 15 years. In a judgement on Thursday, Mr Justice Mark Sanfey said that the court was not prepared to direct the opening of an inquiry, under Article 40 of the Irish Constitution, into the ongoing detention in Castlerea Prison of Martin O'Toole (59) aka Martin Thomas of Stripe, Irishtown, Claremorris, Co Mayo.
Convicted Person
Charges: several offences and was sentenced to a total of 15 years in prison by Judge Martina Baxter (Proven)
Finding: Found guilty
Outcome: Found guilty; However, the judge said he was refusing the application which amounted to "a collateral attack" on the verdict, hearing and sentence handed down by the Circuit Criminal Court to Mr O'Toole/Thomas.
Places mentioned
- The High Court
- Circuit Criminal Court
- High Court
- Castlerea
- Castlerea Prison
Topics
Burglary Stage Sentence Violent Crime
Related court reports
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- Strokestown eviction vigilantes appeal convictions
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