A round-up of today's other courts news in brief
Omagh accused seeks trial adjournment
A key Garda witness in the retrial of building contractor Colm Murphy in connection with the 1998 Real IRA Omagh bombing has died, the Special Criminal Court heard yesterday.
The court was told that Det Garda Liam Donnelly died last May, but defence solicitor Michael Finucane said the defence was only notified of this on July 24th.
He applied for an adjournment of the retrial because, he said, the defence had to consider issues arising from this. Earlier this month the Supreme Court cleared the way for Mr Murphy’s retrial on conspiracy charges and dismissed his appeal.
Mr Justice Paul Butler said the court was anxious the trial should proceed as early as possible. The court remanded Mr Murphy on continuing bail until early October.
Mr Murphy (54), a native of Co Armagh with an address at Jordan’s Corner, Ravensdale, Co Louth, is charged with conspiring to cause an explosion between August 13th and 16th, 1998.
Contractor freed after sentence appeal
A building contractor jailed earlier this year for 20 months after evading almost €500,000 tax over eight years has been freed by the Court of Criminal Appeal after it upheld his arguments against the severity of his sentence.
Colm Perry has settled a tax liability of €499,998 with the Revenue Commissioners, but interest and penalties of €925,000 are still outstanding. He pleaded guilty at Dublin Circuit Criminal Court to multiple breaches of tax law, including failure to declare or pay VAT and income tax between 1996 and 2005.
Mr Justice Adrian Hardiman said yesterday that Judge Martin Nolan had erred by wholly excluding the personal factors in Mr Perry’s favour, including his positive good character and the fact he had no previous convictions.
It was also significant that Judge Nolan considered Mr Perry (44), Nephin Road, Cabra, an "eminently decent" and "hard-working" man and had not addressed the issue of rehabilitation given his view there was "no need" to rehabilitate Mr Perry.
12-year assault jail term too severe
The Court of Criminal Appeal has ruled that a 12-year sentence imposed on a man for a "drink- fuelled" sexual assault was unduly severe. The court will impose an alternative sentence in October.
The three-judge court allowed Brian Mulvihill's appeal against severity of sentence after finding Mr Justice Paul Carney had imposed a sentence against established sentencing norms.
Mulvihill (29), Kilkee, Co Clare, pleaded guilty in March 2007 to aggravated sexual assault of a woman in August 2004. Mr Justice Carney jailed him for 12 years and ordered him to be registered as a sex offender.