The Court of Criminal Appeal yesterday quashed the conviction of a man on two counts of attempted murder of a man in Kilkenny city. A retrial was ordered.
The three-judge court allowed Mr Thomas O'Grady's appeal against conviction and his 9½-year sentence on grounds related to the fact that a key witness had substantial previous convictions which were not revealed during the trial.
The court was told the previous convictions had not come to the notice of the authorities because of an incorrect date of birth.
Counsel for the DPP had said the proper order to be made in this case was an order directing a retrial.
Mr Justice Hardiman, presiding, and sitting with Mr Justice de Valera and Mr Justice Peart, said the court would allow the appeal and order a retrial.
Mr O'Grady (20), Fatima Place, Kilkenny, was convicted at the Central Criminal Court in July 2001 of two counts of the attempted murder of Mr Paul Barry (29), at Hebron Road, Kilkenny, on October 10th, 1999.
Mr Edward Comyn SC, for the DPP, said the previous character of every witness is checked but, in this case, a search related to an incorrect date of birth.