Courts / Dublin / Report

Pair's acquittal on attempted murder charge is quashed

Summary

In February 2024 the Court of Appeal quashed the acquittals of Jamie Berry (28) and Stephen Mulvey (32) in the attempted murder of a 17‑year‑old Dublin teenager. The original trial judge, Ms Justice Eileen Creedon, had directed a jury to find both men not guilty due to insufficient evidence. The appeal court, led by Mr Justice George Birmingham, held that the prosecution had presented ample circumstantial evidence – including CCTV footage of vehicles, forensic findings of firearm residue on gloves, and the recovery of a pistol in a burned‑out Hyundai – sufficient for a jury to convict. Mr Justice Birmingham noted that the trial judge had effectively acted as a jury by dismissing the case, and therefore the acquittals were overturned and a retrial was ordered at the Central Criminal Court. The case remains pending for the next hearing.

Who, what, where, when and why

What: Report matter: Pair's acquittal on attempted murder charge is quashed. Charges or matters: all charges; attempted murder; possession of a firearm with intent to endanger life; criminal damage. Procedural stage: appeal

When:

• February 24, 2021 Incident
• 2024-02-26 Publication

Why: At the Court of Appeal in December, Eilis Brennan SC, for the State, had submitted that the trial judge erred in her ruling to direct the acquittals because she had considered the individual pieces of evidence "in isolation" in making her assessments, rather than considering their "global" consequence in a circumstantial case. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report