Courts / Longford / Report

Burglar appeals conviction on grounds that DNA sample should have been destroyed after 12 months

Summary

Eamon Murphy, 48, of Cabra, Dublin 7, appealed his conviction for aggravated burglary at An Draigheann, Ballymahon, Co Longford, on July 3, 2011. He had pleaded not guilty at Longford Circuit Criminal Court, where he was found guilty and sentenced to 10 years imprisonment on October 25, 2015, with the final three years suspended. In the Court of Appeal, Murphy's counsel, Ciarán O'Loughlin SC, argued that retaining his DNA sample beyond 12 months without a court application breached his constitutional right to privacy. The Garda investigation identified a blood stain on the rear patio door, leading to Murphy's arrest on November 21, 2011, and a buccal swab. He was not charged until January 9, 2013, and no application was made to retain the sample within the statutory 12-month limit. Counsel submitted that under the Criminal Justice (Forensic Evidence) Act 1990, the sample and records should have been destroyed, rendering the evidence inadmissible. The appeal was heard by Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Edwards. The court reserved judgment, noting the case may raise complex legal and constitutional issues. The matter was adjourned for a mention on April 15 to determine if parties wished to make additional oral submissions on these rights.

Who, what, where, when and why

What: Report matter: Burglar appeals conviction on grounds that DNA sample should have been destroyed after 12 months. Charges or matters: aggravated burglary at An Draigheann, Ballymahon, Co Longford on July 3, 2011. Procedural stage: appeal. Findings: Found guilty

When:

• July 3, 2011 Incident
• October 25, 2015 Incident
• November 21, 2011 Incident
• January 9, 2013 Incident
• Friday April 15 Hearing Or Sentence
• 2016-03-15 Publication

Case subjects

Places mentioned

Topics

Burglary Stage Appeal

Related court reports

• Court refuses to reduce sentence for brothel keeper caught with child abuse material
• Cage fighter convicted of Shannon murder gets hearing date for miscarriage of justice application
• Cage fighter seeks to have murder conviction declared a miscarriage of justice
• Violent offender put Irish Rail inspector in headlock and threatened to have him killed
• Brazilian brothel-keeper who was caught with €800k and child abuse material gets nine years
• Brazilian man who used network of rural properties as brothels was caught with €788k and child abuse material

Read the original CNI report