Judgment: 2022-12-20 · Court archive

Court of Appeal refuses bail to man charged with brother’s murder at Tralee cemetery

Court of Appeal · [2022] IECA 315

Who, what, where, when and why

Who
  • Patrick Dooley (Appellant)
  • Thomas Dooley
What

Court of Appeal refuses bail to man charged with brother’s murder at Tralee cemetery

Where

Places mentioned in the report

  • Rath Cemetery
  • Cork University Hospital
When

Judgment:

Why

Reasons reported in the judgment

The Court of Appeal upheld the refusal of bail under the Bail Act and because of the risk of witness interference. It found the alleged violence, ongoing feud and apparent strength of the prosecution evidence sufficient to establish those risks at the required level.

The Court of Appeal has refused bail to Patrick Dooley while he awaits trial for the alleged murder of his brother Thomas Dooley at Rath Cemetery in Tralee, County Kerry.

Thomas Dooley was killed on 5 October 2022. The prosecution alleged that a group armed with slash hooks and other bladed weapons ambushed him at a funeral and that Patrick Dooley led the attack. Thomas Dooley’s wife was also seriously injured.

The High Court had refused bail on three grounds: a risk of further serious offending under the Bail Act 1997, a risk that Dooley would interfere with witnesses and a risk that he would fail to attend his trial.

Evidence before the High Court included eyewitness accounts and CCTV said to show Dooley collecting a cousin who was armed and bringing him to the funeral. Dooley was himself injured and later travelled with others to Cork, where he attended Cork University Hospital and was arrested.

The prosecution said the alleged attack arose from an ongoing family feud. Thomas Dooley’s wife told Gardaí that she feared Patrick Dooley and was concerned for her and her children’s safety. A Garda sergeant separately expressed concern for the family.

Patrick Dooley disputed that the evidence justified refusing bail. His lawyers pointed to his presumption of innocence, family and community ties, lack of previous violent convictions and an offer by his father to provide €25,000 as surety. Dooley had told Gardaí he was present at the incident but claimed he became involved only while defending his brother.

The Court of Appeal upheld the refusal of bail under the Bail Act and because of the risk of witness interference. It found the alleged violence, ongoing feud and apparent strength of the prosecution evidence sufficient to establish those risks at the required level.

However, the court disagreed that a flight risk had been established. It nevertheless found that no bail conditions would adequately address the remaining concerns and dismissed the appeal.

Read the original court judgment

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