Niall Fitzpatrick conviction quashed in burglary appeal

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Niall Fitzpatrick’s conviction for attempted aggravated burglary was quashed by the Court of Appeal on 31 July 2015, and a retrial was ordered.

The court also recorded convictions involving possession of a firearm and unlawful possession of ammunition after the Cork Circuit Court trial. Fitzpatrick challenged the handling of a juror’s concern that jury members had been deliberating before the case concluded.

The Court of Appeal found that the procedure used to address the juror’s concern was inappropriate because the parties were not given an opportunity to make representations. The judgment said the conviction should therefore be quashed and the case retried.