Michael Butler’s conviction appeal refused

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

The Court of Appeal refused Michael Butler’s appeal against conviction before turning to his challenge to the severity of his 15-year prison sentence.

The proceedings were reported on 20 January 2015. The judgment, also dated 20 January 2015, was by Mr. Justice Birmingham.

He was convicted following a three-day trial at Cork Circuit Criminal Court on 2 March 2012 of an offence under section 4 of the Non Fatal Offences Against the Person Act 1997.

The case concerned a violent incident on Roman Street, Cork, in the early hours of 25 July 2010.

Medical evidence in the prosecution case recorded wounds around Mr Barry’s eye and ear, facial bruising, a subdural haematoma, intracerebral contusions and cerebral swelling.

Michael Butler admitted assaulting Mr Barry and kicking him in the face, but said he was defending himself, his mother and his girlfriend. The defence maintained that he was not the aggressor and had been attacked and injured by masked men carrying dangerous weapons. Its case was that Mr Barry had personally attacked him while armed with a sword.

The court found that the trial judge’s intervention during cross-examination had not materially impaired the defence. It also found that defence counsel had not been prohibited from referring to the Criminal Law (Defence and the Dwelling) Act 2011, although the Act had not been passed when the incident occurred.

This case may have concluded differently. The outcome has not yet been confirmed by a public source we could find.