Courts / Limerick / Report
Rathkeale man shouldn't foot legal bill after machete conviction overturned, court told
Summary
John O'Donoghue, a 54‑year‑old Rathkeale resident, was convicted in November 2021 of assault causing serious harm to a 74‑year‑old pensioner and of violent disorder. He received a 10‑year sentence for the assault and a concurrent eight‑year term for the disorder. O'Donoghue appealed, arguing that Gardaí failed to obtain vital CCTV footage and that a Garda notebook was withheld until the trial. In February 2024, Justice Tara Burns upheld his complaint, stating that the investigation's shortcomings deprived him of a reasonable prospect of defence. At the Court of Appeal, counsel for O'Donoghue argued he should recover costs from both the trial and the appeal, claiming the prosecution's flaws made the appeal necessary. Counsel for the State countered that the appeal was justified and that costs were discretionary. The Court of Appeal reserved judgment on the costs issue. John O'Donoghue pleaded not guilty.
Who, what, where, when and why
What: Report matter: Rathkeale man shouldn't foot legal bill after machete conviction overturned, court told. Charges or matters: assault causing serious harm to Willie O'Driscoll Sr, who was then aged 74, in Bothar Buí, Rathkeale, Co Limerick, on December 17, 2017. Procedural stage: appeal. Findings: Convicted
When:
- November 2021 Incident
- December 17, 2017 Incident
- 2024-05-13 Publication
Why: The appellant "cannot be seen to lose twice" after he was put in the position where he had to appeal because "there were issues that started with the investigation process", said Mr Bowman. CNI source report
Case subjects
Convicted Person
Charges: assault causing serious harm to Willie O'Driscoll Sr, who was then aged 74, in Bothar Buí, Rathkeale, Co Limerick, on December 17, 2017 (Proven)
Plea: Not guilty
Finding: Convicted
Outcome: Convicted; He was sentenced to 10 years' imprisonment for assault causing serious harm and to a concurrent eight-year term for the violent disorder offence.
Places mentioned
- At Limerick Circuit Criminal Court
- Limerick
- Court of Appeal
- Lower Main Street
- Rathkeale
Topics
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