Courts / Cork / Report

Child murderer Harrington fails in bid to overturn Santina Cawley conviction

Date
2024-06-06

Stage
Appeal

Primary locality
Cork

County
Cork

Summary

Karen Harrington, who argued that her privacy rights were breached during the investigation into the murder of two-year-old Santina Cawley, is to remain serving her life sentence after failing in a bid to have her conviction overturned at the Court of Appeal. Ms Justice Isobel Kennedy stated that the court has consistently held that individuals do not have an expectation of privacy while moving through public spaces. The CCTV footage from Clanrickarde Estate, which was central to the trial, was deemed relevant and admissible. Ms Justice Kennedy noted that no issue was raised at trial regarding the admissibility of memoranda of interview and that the defence had sought specific extracts of the footage to be played to the jury. The court dismissed the appeal, stating that the footage was harvested from commercial and private sources and did not concern the mass retention of data. The matter was adjourned and never described as concluded or finalised. Santina Cawley, who is to remain serving her life sentence after failing in a bid to have her conviction overturned, was the victim of the murder. Elaine O'Hara, who is an applicant in the case, has no charges, plea, finding, sentence or finalisation associated with her in this case.

Who, what, where, when and why

What: Report matter: Child murderer Harrington fails in bid to overturn Santina Cawley conviction. Procedural stage: appeal

When:

July 5, 2019 Hearing Or Sentence
May 2022 Hearing Or Sentence
August 2012 Hearing Or Sentence
2024-06-06 Publication

Why: "It cannot be argued that the reason for the failure to raise the matter at trial was due to an error or oversight. CNI source report

Case subjects

Elaine O'Hara

Applicant

Karen Harrington

Background Person

Outcome: Karen Harrington, who argued that her privacy rights were breached during the investigation into the murder of two year old Santina Cawley, is to remain serving her life sentence after failing in a bid to have her conviction overturned. Ms Justice Kennedy said "no issue was raised at trial regarding the admissibility of memoranda of interview sufficient to ground an apprehension that a real injustice has occurred". "No evidence was led regarding the appellant's detention and her [Harrington's] solicitor was present for all interviews," said the judge.

Santina Cawley

Appellant

Outcome: Santina Cawley, is to remain serving her life sentence after failing in a bid to have her conviction overturned.