The Court of Appeal has dismissed Aaron McCarthy’s appeal against convictions arising from the robbery of a taxi driver and theft of his vehicle in Dublin.
McCarthy was convicted after a four-day trial at Dublin Circuit Court in July 2014 of robbery and taking a vehicle without authority. He also pleaded guilty to stealing a bicycle. He received concurrent sentences of five years, two years and two years respectively, leaving an overall five-year prison term.
The offences arose on 13 August 2013. McCarthy hailed a taxi for Spencer Dock and two additional passengers joined during the journey. Taxi driver Mr Singh was punched in the face and had his mobile phone, bank cards and cash stolen. His taxi was also taken. McCarthy and another man were arrested after a Garda foot chase shortly afterwards.
A central issue at trial concerned a Garda’s evidence that a stolen bank card and money were found on McCarthy when he was arrested. McCarthy disputed that account.
During his jury charge, the trial judge referred to the suggestion that the Garda had fabricated the evidence and remarked that an officer doing so would be putting his career at risk. Defence counsel objected that this might improperly influence the jury.
The judge recalled the jury and expressly told them that the consequences for the Garda’s career were irrelevant and that their decision had to be based solely on the evidence and legal principles.
The Court of Appeal said it would have been preferable for the original reference to the Garda’s career not to have been made. However, it found the redirection appropriate and sufficient.
A second appeal ground concerned comments suggesting McCarthy may have lied when saying he was out walking in Clontarf at 2.30am. The appeal court found those remarks were not improper and may actually have assisted the defence by warning jurors that a lie does not itself establish guilt.
The convictions were therefore upheld.