Courts / Louth / Report
Conviction for conspiring to steal Det Gda Adrian Donohoe getaway car is overturned
Summary
The Court of Appeal quashed the conviction of a 34‑year‑old man who had been jailed for eight years for conspiring to steal the getaway car used in the credit union robbery that killed Detective Garda Adrian Donohoe. The appeal court held that the Special Criminal Court had breached the defendant's right to natural justice by amending the indictment after the three‑month trial had finished and without consulting the prosecution or defence. The amendment added a charge of conspiring to steal a Volkswagen Passat from a property in Clogherhead, a charge that had not been presented to the defendant during the trial. The Court of Appeal did not consider other arguments raised by the defence and will hear whether the defendant should face a retrial on 18 March. The court also dismissed mobile‑phone evidence used to link the defendant to a series of burglaries, finding it insufficient to prove conspiracy beyond a reasonable doubt.
Who, what, where, when and why
What: Report matter: Conviction for conspiring to steal Det Gda Adrian Donohoe getaway car is overturned. Charges or matters: a charge which was "never put to him" and on which he was "never given the opportunity to plead". "At the level of fundamental fairness, it's baffling to us why the court didn't come out and say: 'We've reached an impasse,'" he said. "The first we heard that this offence was out there was after we had been convicted of it," he added. Procedural stage: appeal. Findings: Convicted
When:
- January 25, 2013 Hearing Or Sentence
- January 2013 Hearing Or Sentence
- Tuesday, March 18th Incident
- January 22 Hearing Or Sentence
- December 2023 Incident
- April 2022 Hearing Or Sentence
- 2012 and 2013 Other
- 2025-03-10 Publication
Why: Prosecution counsel Lorcan Staines SC countered that the court could "go much further than Mr Wooller" in identifying the car because they "have more information than Mr Wooller". Prosecution account reported by CNI
Case subjects
Appellant
Charges: a charge which was "never put to him" and on which he was "never given the opportunity to plead". "At the level of fundamental fairness, it's baffling to us why the court didn't come out and say: 'We've reached an impasse,'" he said. "The first we heard that this offence was out there was after we had been convicted of it," he added (Proven)
Finding: Convicted
Outcome: Convicted; The Court of Appeal has overturned the conviction of a 34-year-old man who was jailed for eight years for conspiring to steal the getaway car used in the credit union robbery during which Detective Garda Adrian Donohoe was shot dead.
Places mentioned
- Court of Appeal
- The appeal court
- Special Criminal Court
- Det Gda Donohoe. The Special Criminal Court
- Lordship Credit Union
Topics
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