Courts / Laois / Report

Balaclava attacker claims car search breached his rights

Summary

Gavin Hanway, of Limekiln Green, Walkinstown, Dublin, launched an appeal against his convictions for assault causing serious harm and aggravated burglary. He was previously found guilty by a jury at Portlaoise Courthouse of stabbing Kevin Kenny at a house in The Hermitage, Portlaoise, Co Laois, on July 26, 2016. Following the trial, Judge Keenan Johnson sentenced Hanway to 12 years in prison. In the current appeal, counsel James Dwyer SC argued that the seizure of Hanway's car breached his constitutional rights because the search warrant was issued in another garda's name. He also challenged the admission of evidence regarding Hanway's testosterone use, claiming it was prejudicial, and argued the jury verdict was not properly delivered under section 35(2) of the Criminal Justice Act, 1984. The State's counsel, Aoife O'Leary BL, countered that the trial judge had correctly ruled the car evidence admissible in the interests of justice despite the procedural irregularity. She further noted that the testosterone evidence was probative and that the jury was merely polled on their numbers after returning the verdict. The Court of Appeal, comprising Mr Justice John Edwards, Ms Justice Isobel Kennedy, and Mr Justice Alexander Owens, heard the arguments. The court reserved judgment in the case to a later date, meaning the matter was adjourned and not concluded.

Who, what, where, when and why

What: Report matter: Balaclava attacker claims car search breached his rights. Procedural stage: appeal

When:

• July 26, 2016 Incident
• 2026-07-09 Publication

Case subjects

Places mentioned

Topics

Burglary Stage Appeal Violent Crime

Related court reports

• ESB worker too late to pursue claim seeking €42k in alleged unpaid overtime
• Lithuanian man admits engaging in terrorist plot to attack mosque
• Mosque bomb attack accused argues he can't get a fair trial
• Judge should have convicted drivers caught like 'fish in a barrel' in 'unjust speed zone'
• Seven years for sex offender who repeatedly recorded himself assaulting sleeping woman
• 'Potential for progress' for mosque attack plot accused, court hears

Read the original CNI report