Courts / Waterford / Report

Damache to appeal already-served sentence for sending menacing call to Muslim activist

Date
2015-12-04
Stage
Appeal
Primary locality
Waterford
County
Waterford

Summary

Ali Damache, an Algerian-born Irish citizen, is appealing a sentence he has already served for sending a menacing phone call to US Muslim activist Majed Moughni in January 2010. At Waterford Circuit Criminal Court, Damache initially pleaded not guilty but changed his plea to guilty on the sixth day of his trial. On February 27, 2013, Judge Donagh McDonagh sentenced him to four years' imprisonment, with the final 12 months suspended. During case management procedures in the Court of Appeal, his barrister, Mark Lynam BL, informed the court that although the sentence had been fully served, Damache wished to proceed with the appeal. Mr Justice George Birmingham granted Mr Lynam until the end of the term to file submissions. Damache was not present for this procedural matter. The report notes that there are ongoing proceedings regarding other matters involving Damache, including an appeal to the Court of Appeal against a High Court refusal to order his surrender to US authorities in July. Additionally, it was previously heard that Damache was arrested by gardaí in Waterford Courthouse in March 2013 on a High Court warrant shortly after pleading guilty to the menacing call charge.

Who, what, where, when and why

What: Report matter: Damache to appeal already-served sentence for sending menacing call to Muslim activist. Charges or matters: sending a menacing phone call to Majed Moughni in January 2010 but pleaded guilty to the charge on day six of his trial; sending a menacing phone call to US Muslim activist Majed Moughni in January 2010. Procedural stage: appeal

When:

Case subjects

Ali Damache

Appellant

Charges: sending a menacing phone call to Majed Moughni in January 2010 but pleaded guilty to the charge on day six of his trial; sending a menacing phone call to US Muslim activist Majed Moughni in January 2010 (Alleged Or Contested)

Plea: Not guilty

Outcome: He was sentenced to four years imprisonment with the final 12 months suspended by Judge Donagh McDonagh at Waterford Circuit Criminal Court on February 27, 2013. During case management procedures in the Court of Appeal today, Mr Damache's barrister, Mark Lynam BL, told the court that his client's sentence had been served but "we wish to proceed" with the listed sentence appeal "anyway".

Places mentioned

Residence
Court Venue
  • Waterford
  • Waterford Circuit Criminal Court
  • Court of Appeal
  • High Court
  • The High Court
Facility

Topics

Stage Appeal

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