Courts / Donegal / Report

Former court clerk fails in appeal against conviction for threatening to kill

Date
2015-10-19
Stage
Appeal
Primary locality
Buncrana
County
Donegal

Summary

A former court clerk has lost his appeal against conviction for threatening to kill a man in Buncrana, County Donegal. Ciaran Waldron, aged 59, of Riverview, Buncrana, was convicted in 2011 at Letterkenny Circuit Criminal Court of making a threat to kill following an incident on 7 August 2006. Waldron had discovered his estranged wife in a car with another man and was acquitted of reckless endangerment but found guilty of the threat offence by jury. He was fined €1,000. At the Court of Appeal, Waldron challenged his conviction on two grounds, including an alleged error in the trial judge's direction to the jury regarding the threat charge. The court, presided over by Mr Justice George Birmingham alongside two fellow judges, dismissed the appeal. Mr Justice Birmingham found the defence counsel had expressed satisfaction with the direction at trial and could not now raise it as grounds for appeal. The Director of Public Prosecutions withdrew an application for sentence review following queries from the bench. The unnamed man pleaded not guilty.

Who, what, where, when and why

What: Report matter: Former court clerk fails in appeal against conviction for threatening to kill. Charges or matters: reckless endangerment by driving his vehicle deliberately at Christine O'Kane and Anthony McColgan and threatening to kill Mr McColgan in Buncrana on that date. Procedural stage: appeal. Findings: Acquitted

When:

Why: Mr Justice Birmingham said he used the term "form of relationship" because Ms O'Kane "baulked at the term 'relationship'" when it was put to her in the witness box. CNI source report

Case subjects

Unnamed man

Appellant

Charges: reckless endangerment by driving his vehicle deliberately at Christine O'Kane and Anthony McColgan and threatening to kill Mr McColgan in Buncrana on that date (Alleged Or Contested)

Plea: Not guilty

Finding: Acquitted

Outcome: Acquitted; A former court clerk fined for threatening to kill a man he thought was having an affair with his wife has lost an appeal against his conviction.

Places mentioned

Secondary Mention
Court Venue
Journey Or Route

Topics

Stage Appeal

Related court reports

Read the original CNI report

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