Joseph Behan appeals conviction for robbery and shooting offences

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

Joseph Behan, who was sentenced to 15 years’ imprisonment for assault causing harm, appealed his conviction in the Court of Appeal on 14 May 2021.

A jury convicted Behan of robbery, attempted robbery, assault causing serious harm, assault causing harm, possession of a firearm and reckless discharging of a firearm at Mizzoni’s Pizza, Edenmore Shopping Centre, Raheny, on 1 January 2019. His trial at Dublin Circuit Criminal Court took place in February 2020.

Judge Martin Nolan imposed the 15-year sentence. He said Behan had made a determined attempt to rob the restaurant and discharged his firearm twice when the occupiers resisted. One man was grievously injured and another suffered a less serious gunshot wound to his lower abdomen.

At the appeal, Behan’s barrister Ronan Munro SC said a glove found during a search of Behan’s house had firearms residue and a major DNA profile matching Behan’s. He argued that the search warrant was unlawfully issued because Detective Superintendent Paul Scott was involved in the investigation and was not independent. He submitted that the search breached Behan’s constitutional rights and the glove was unconstitutionally seized.

Counsel for the Director of Public Prosecutions, Eilis Brennan SC, submitted that Detective Superintendent Scott was independent of the investigation when he granted the warrant. She said there was no evidence he was carrying out a dual function at that time.

Court of Appeal President Mr Justice George Birmingham, sitting with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, reserved judgment. The proceedings were reported on 14 May 2021.