Courts / Limerick / Report

State will not have to pay Rathkeale man's costs for quashed attack convictions

Summary

In a Court of Appeal decision on 6 June 2024, Ms Justice Tara Burns rejected John O'Donoghue's application for legal costs after his convictions for assault causing serious harm and violent disorder were quashed. O'Donoghue, aged 55, had been convicted in November 2021 of attacking 74‑year‑old Willie O'Driscoll Sr with a machete and of violent disorder during a family dispute in Rathkeale. He had been sentenced to 10 years for the assault and a concurrent eight‑year term for the disorder, but after two years in custody he successfully appealed, arguing that Gardaí had failed to harvest vital CCTV footage and had withheld a garda notebook until the trial. The Court found that the lack of CCTV investigation deprived him of a realistic prospect of defence, yet it held that this failure did not create an obligation to pay his costs. John O'Donoghue pleaded not guilty.

Who, what, where, when and why

What: Report matter: State will not have to pay Rathkeale man's costs for quashed attack convictions. Procedural stage: appeal. Findings: Convicted

When:

• November 2021 Incident
• December 17, 2017 Incident
• 2024-06-06 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report