More court reports in brief.
Conviction for sex assault overturned
A court has overturned the conviction and five-year-jail sentence imposed on a teenager for two sexual assaults on a 14-year-old girl because gardaí did not hold a formal identity parade.
The Court of Criminal Appeal yesterday freed Eoin Dowling (18), Ballyboden, Dublin, after ruling that gardaí had not carried out "the absolutely elementary nature of requirements for a formal identification parade".
Dowling was jailed for five years by the Circuit Criminal Court earlier this year for two sexual assaults on the girl in November and December 2003.
The appeal court heard that the girl was taken by gardaí to the Children's Court in Smithfield where she informally picked out Dowling as her attacker but no formal identity parade was held. The only evidence against him was the girl's informal identification.
Mr Justice Adrian Hardiman, presiding at the three-judge appeal court, said there was no explanation why a formal identity parade had not been held.
Assault may leave victim blind
A convicted criminal, whose assault with "a high level of gratuitous violence" may leave his victim blind for life, has been remanded in custody pending sentence.
Leroy Dumbrell (20), Emmett Road, Inchicore, has 57 previous convictions and was on bail for another assault when he attacked Nigel Reid in the face, causing him to lose the sight in his left eye.
Dumbrell was convicted of assaulting Mr Reid, causing him serious harm and stealing his mobile phone, on July 11th, 2004.
Mr Reid told Judge Frank O'Donnell at Dublin Circuit Criminal Court he worried every day about going blind. He was due to see an eye surgeon in December to find out if the sight in his right eye could be saved.
His fiancée left him because among others things, she felt she could not deal with looking after a blind man for the rest of his life. Judge O'Donnell agreed to an adjournment application.
Suspended term for kidnap attempt
A Chinese man who drove a car in which a fellow national had been abducted has been given a three-year suspended sentence by Judge Thomas Teehan at Dublin Circuit Criminal Court.
Chu Yang (27), Stephen's Gate, Dublin, was found guilty by a jury arising out of the false imprisonment of Ming Lu at Rathbeale Road in Swords in January 2005.
The court heard Mr Lu was bundled into a car containing four men outside his place of work at Supervalu in Swords and pinned in the back seat by two of the kidnappers.
Mr Lu managed to call for help when gardaí stopped the car in the city centre and told them he was being taken against his will.
It was believed an attempt was being made to extort money.
Four men in the car were charged with false imprisonment but only Yang turned up for the trial.
The court heard Yang had no previous convictions in any jurisdiction and only became aware of the situation in the car while he was driving.
Judge Teehan said he was satisfied that Yang was not aware of the "nefarious background of this offence" in advance and his crime was "not disassociating himself from this".
He imposed a three-year suspended sentence and warned Yang that he would serve the full sentence should he come before the courts again.
€850,000 for family of car crash victim
The High Court has approved a settlement of €850,000 for the family of a 47-year-old man from Northern Ireland who was killed in a road crash in Co Louth eight years ago.
Brendan Magennis, from Glenarm, Co Antrim, died when his car was hit by one truck and then run over by another on the Dublin to Belfast Road on July 30th, 1998.
Mr Justice Richard Johnson yesterday approved the settlement of €850,000 against Pepper Transport Ltd of Dromore, Co Down.
Mr Magennis's partner, Cherrie Archer, of Glenarm, Co Antrim, had sued Pepper Transport Ltd as a result of the accident which occurred at 9pm near Dromad, Co Louth. At the time of his death, Mr Magennis had four dependant children, aged from four years to 22.
Man cleared in stolen lorry case
A man charged with having unlawful possession of a stolen lorry had the charge dismissed after claiming he purchased the vehicle from an unknown seller as a result of an advertisement in Buy and Sell magazine.
Martin Mines (38), Silverbridge, Co Armagh, pleaded not guilty to the charge at the District Court in Castleblayney, Co Monaghan.
The court heard the lorry was stolen in Co Cavan and later identified by the owner at a yard in Co Monaghan.
When interviewed by gardaí at the premises where the lorry was located, Mr Mines said he had purchased the vehicle from an unknown seller as a result of the advertisement in Buy and Sell magazine.
The court heard there was no evidence that Mr Mines had any involvement in the theft, or was aware the vehicle had been reported missing.