Courts / Wexford / Report

Lynchpin of prosecution case was ear defect, firearms appeal told

Summary

In a 2024 appeal, defence counsel James B Dwyer SC argued that Leon Sharlott's conviction for possessing firearms and ammunition was unfair because the prosecution's identification relied on a distinctive ear defect. Sharlott, 34, was sentenced in 2022 to seven years' imprisonment with the last year suspended after being found guilty of two offences under Section 27A(1) of the Firearms Act. The prosecution linked Sharlott to the weapons by DNA from shoes found in a Volkswagen Golf's boot and by CCTV footage of him buying gloves. Dwyer contended that no identity parade was held, and that witnesses' descriptions of the ear defect were inconsistent, undermining the identification process. Judge John Edwards noted that while an identity parade might have been best practice, its absence did not necessarily render the trial unfair, and the court would reserve judgment.

Who, what, where, when and why

What: Report matter: Lynchpin of prosecution case was ear defect, firearms appeal told. Charges or matters: two offences contrary to Section 27A (1) of the Firearms Act. Procedural stage: appeal. Findings: Found guilty

When:

• March 15, 2018 Other
• 2024-07-11 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report