Courts / Cork / Report
Cork man facing re-trial after Garda PULSE system evidence found to be hearsay
Summary
Derek Lynch, 38, was jailed for nine years for robbing the Friar's Road Post Office in Cork on 20 May 2012, with the final year suspended. He was convicted of robbery and possession of a firearm. The conviction was overturned by the Court of Appeal because evidence that he owned the motorcycle used in the robbery was taken from the Garda PULSE system and was deemed hearsay. The Court held that the PULSE system requires human input and therefore could not be admitted as evidence of ownership. The judge noted that the robbery involved a raider who used a sledgehammer to break into the cashier area, stole about €2,000, and fled on a motorcycle. The Court quashed Lynch's conviction and ordered a retrial, remanding him on bail with conditions to the Cork Circuit Criminal Court. Derek Lynch pleaded not guilty.
Who, what, where, when and why
What: Report matter: Cork man facing re-trial after Garda PULSE system evidence found to be hearsay. Charges or matters: robbery and possession of a firearm at Friar's Road Post Office, Turner's Cross, Cork on May 20, 2012. Procedural stage: appeal
When:
- May 20, 2012 Incident
- May 2, 2013 Incident
- 2016-03-03 Publication
Why: A man jailed for the robbery of a post office faces a retrial because evidence on the alleged ownership of a motorbike used in the robbery was taken from the Garda PULSE system. CNI source report
Case subjects
Appellant
Charges: robbery and possession of a firearm at Friar's Road Post Office, Turner's Cross, Cork on May 20, 2012 (Alleged Or Contested)
Plea: Not guilty
Outcome: He was sentenced to nine years imprisonment with the final year suspended by Judge Seán Ó Donnabháin on May 2, 2013.; He was remanded on bail – on consent and on a number of conditions – to Cork Circuit Criminal Court.
Places mentioned
- Kilmore Road
- Cork
- Cork Circuit Criminal Court
- Court of Appeal
- Friar's Road
Topics
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