Courts / Dublin / Report

'We don't live in Detroit': State asks court to consider why attempted murder accused was linked to firearms residue

Date
2023-12-15

Stage
Appeal

Primary locality
Blanchardstown

County
Dublin

Summary

In a Court of Appeal hearing on 15 December 2023, the State argued that a man acquitted of attempted murder in February 2021 was the shooter. State counsel Eilis Brennan SC presented evidence that gloves seized from the accused less than 30 minutes after the shooting contained 19 particles of firearm residue matching those found at the scene. She cited three hours of CCTV tracking two cars before, during and after the incident, including a black Hyundai hatchback that left the scene at 10.55pm and a BMW that was later stopped on the M50. Brennan claimed the CCTV and forensic evidence strongly linked the younger man, aged 28, to the shooting. The appeal court, led by Mr Justice Birmingham, was instructed to review the CCTV footage and transcripts and reserve judgment. The defense argued that the trial judge had erred by directing acquittals, but the appellate judges were to determine whether the evidence was sufficient for a jury. The unnamed respondent pleaded not guilty.

Who, what, where, when and why

What: Report matter: 'We don't live in Detroit': State asks court to consider why attempted murder accused was linked to firearms residue. Charges or matters: all charges. Procedural stage: appeal

When:

February 24, 2021 Incident
2023-12-15 Publication

Why: The State has submitted that the trial judge erred in her ruling to direct the acquittals because she had considered individual pieces of evidence "in isolation" in making her assessments, rather than considering their "global", overall consequences. CNI source report

Case subjects

Unnamed respondent

Respondent

Charges: all charges (Alleged Or Contested)

Plea: Not guilty

Outcome: Mr Baker said two witnesses identified two men at the scene as being no older than 20 years of age but that his client on the night was "two months shy of his thirtieth birthday". "Context is key because it was always the prosecution's case that my client was not the shooter," said counsel, who noted that the trial judge adjourned the matter overnight for a ruling to be prepared. "I am not aware o