Courts / Dublin / Report

Would-be robber who claimed jury was "cleansed" of north-siders fails in appeal

Summary

The Court of Appeal has dismissed the appeal against conviction lodged by Joesph Warren, a 32-year-old man from Ballymun. Warren had pleaded not guilty to conspiring to steal cash from Chubb Ireland at a Tesco supermarket in Cellbridge on November 2, 2007. He had previously pleaded guilty to possessing ammunition in Ballymun in 2009. A jury at Dublin Circuit Court found him guilty of the conspiracy charge, and Judge Patrick McCartan sentenced him to 14 years' imprisonment, with the final three years suspended. Warren's legal team argued the trial was unfair because the Director of Public Prosecutions allegedly "cleansed" the jury by excluding potential jurors from Ballymun, Cabra, and Finglas. Mr Justice Alan Mahon, sitting with Mr Justice George Birmingham and Mr Justice Garrett Sheehan, rejected this contention. The judge noted that Warren was identified as a pall bearer at the funeral of the alleged gang leader, indicating a close relationship inconsistent with claims of involuntary involvement. The Court of Appeal determined that the exclusion of jurors from specific areas was a pragmatic exercise in case management to ensure impartiality, falling within the trial judge's discretion. The judges concluded that the Circuit Court judge acted appropriately and that Warren had been found guilty after a very fair trial.

Who, what, where, when and why

What: Report matter: Would-be robber who claimed jury was "cleansed" of north-siders fails in appeal. Charges or matters: conspiring to steal cash from Chubb Ireland at Tesco supermarket on the Shackleton Road in Cellbridge on November 2, 2007; possessing ammunition at Poppintree Park, Ballymun on July 19, 2009. Procedural stage: appeal

When:

• November 2, 2007 Incident
• July 19, 2009 Incident
• November 14, 2012 Hearing Or Sentence
• 2016-07-04 Publication

Why: A Ballymun man, whose lawyers claimed his trial for attempted robbery was unfair because the State "cleansed" the jury of people from Ballymun, Cabra and Finglas, has had an appeal against conviction dismissed. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report