Courts / Cork / Report

Burglar whose alibi was rebutted by prosecution loses appeal

Date
2016-05-10

Stage
Appeal

Primary locality
Cork

County
Cork

Summary

Jonathan O'Sullivan, 36, of Barrett's Building, Cork, was convicted of burglary at a city address on 22 July 2013. After a two‑day trial, a jury found him guilty and Judge Seán Ó Donnabháin sentenced him to three years' imprisonment on 27 July 2015. O'Sullivan appealed the conviction. The Court of Appeal, sitting with Justices Garrett Sheehan, George Birmingham and Alan Mahon, dismissed the appeal. Justice Sheehan held that the prosecution was not required to notify the defence of rebuttal evidence before the trial. The prosecution's case relied mainly on the occupier's testimony, who saw O'Sullivan in her kitchen at about 7.40 am, claimed he had taken €100 and had gone through bags and jackets, and later identified him in a formal parade. O'Sullivan's alibi that he was in Little Island with his girlfriend was rebutted by evidence placing him at his mother's house at the same time. Jonathan O'Sullivan pleaded not guilty.

Who, what, where, when and why

What: Report matter: Burglar whose alibi was rebutted by prosecution loses appeal. Charges or matters: burglary at an address in the city on July 22, 2013. Procedural stage: appeal. Findings: Found guilty

When: