Court reserves judgment on John O’Donoghue’s costs after convictions quashed

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Court of Appeal reserved judgment on John O’Donoghue’s application for his trial and appeal costs after his convictions for assault causing serious harm and violent disorder were quashed. The costs hearing took place on 13 May 2024.

At Limerick Circuit Criminal Court in November 2021, a jury convicted O’Donoghue of assault causing serious harm to Willie O’Driscoll Snr, then aged 74, and of violent disorder. The charges arose from an incident between two families in Bothar Buí, Rathkeale, Co Limerick, on 17 December 2017.

He had pleaded not guilty on all counts. The jury found him not guilty of producing a machete during a dispute and of making threats to kill. He was sentenced to 10 years’ imprisonment for the assault and a concurrent eight years for violent disorder.

On 16 February 2024, the Court of Appeal quashed the convictions. Ms Justice Tara Burns said the failure to investigate available CCTV had deprived O’Donoghue of a reasonable prospect of a defence. The court upheld his complaint about trial judge Patrick Meghan’s failure to direct an acquittal. The matter was adjourned to 22 March for discussion of a possible retrial.

The appeal also concerned a garda notebook disclosed during the trial. Ms Justice Burns called the manner of disclosure inappropriate, but said that ground did not make the conviction unsafe.

At the costs hearing, Michael Bowman SC, for O’Donoghue, argued that he was entitled to costs because he had to appeal to vindicate his right to a fair trial. Lily Buckley BL, for the State, argued that the prosecution and the decision to stand over the conviction were reasonable and that no costs order should be made. Ms Justice Isobel Kennedy, sitting with Ms Justice Una Ní Raifeartaigh and Ms Justice Burns, reserved judgment.

This report covers an earlier stage of the case. Later developments are not reported here.