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Lifelong criminal who dropped phone at scene of armed robbery contests identification from CCTV
Summary
Trevor Byrne, the appellant, has appealed his 2021 convictions at the Court of Appeal regarding the 2010 armed robbery of Boylesports in Swords, Co Dublin. Byrne, who pleaded not guilty, was convicted by the Special Criminal Court of robbery, possession of a firearm, false imprisonment, threatening to kill, and unlawfully seizing a vehicle. Mr Justice Michael MacGrath sentenced him to eight-and-a-half years for the robbery and false imprisonment, six-and-a-half years for the threat to kill, and seven-and-a-half years each for the firearm possession and vehicle seizure. These sentences run concurrently with each other but consecutively to a separate nine-year sentence for a 2019 firearms offence, resulting in a total of 17.5 years. Byrne's counsel argued the convictions were unsafe due to procedural defects in the CCTV identification process, specifically the lack of contemporaneous notes by Detective Garda Patrick McDonagh. The State contended the evidence was admissible and supported by other circumstantial evidence, including a phone dropped at the scene linked to Byrne. The Court of Appeal, presided over by Mr Justice John Edwards, reserved its judgment, meaning the matter was adjourned and not concluded.
Who, what, where, when and why
What: Report matter: Lifelong criminal who dropped phone at scene of armed robbery contests identification from CCTV. Charges or matters: the robbery, possession of a firearm, false imprisonment, threatening to kill and to unlawfully seizing a vehicle used in the getaway. Procedural stage: appeal. Findings: Convicted
When:
- March 19, 2010 Incident
- November 2009 Incident
- July 2021 Incident
- November 2019 Incident
- 2024-01-25 Publication
Why: Det Gda McDonagh says he knows that because he says: 'I know, I worked in the area for 17 years and arrested him in the past'," said Mr Costelloe. CNI source report
Case subjects
Appellant
Charges: the robbery, possession of a firearm, false imprisonment, threatening to kill and to unlawfully seizing a vehicle used in the getaway (Proven)
Plea: Not guilty
Finding: Convicted
Outcome: Convicted; The court had heard that Byrne was released from a separate sentence in November 2009, just four months before carrying out the Swords raid. At the Special Criminal Court in July 2021, Mr Justice Michael MacGrath sentenced Byrne to eight-and-a-half years for both the armed robbery and the false imprisonment, six-and-a-half years for the threat to kill and seven-and-half years each for the possession of the firearm and for hijacking the car.
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