Case No. 26029Burglary · Co. Laois

Appeal reserved on robbery acquittal in Portarlington

The 38-year-old man, who cannot be named for legal reasons, was accused of following a pensioner home from the SuperValu in Portarlington and robbing her of her purse at the back door of her home. He was acquitted of the robbery charge in May 2021 after Trial Judge Keenan Johnson ruled that an informal Garda line-up identification was inadmissible. The State appealed the acquittal to the Court of Appeal in July 2022, arguing the evidence was compelling enough for a jury, and the court reserved its judgment. Separately, two people were arrested on 14 July 2022 in connection with a burglary in Portarlington and charged with 16 offences under the Theft and Fraud Offences Act.

  1. Reportednot reported
  2. Arrestednot reported
  3. Charged15 Jul
  4. In court15 Jul
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
  • A 38-year-old man, who cannot be named for legal reasons, was accused of following a pensioner home from the SuperValu in Portarlington and robbing her of her purse at the back door of her home.
  • Two people were arrested on 14 July 2022 in connection with a burglary in Portarlington.
Where
The incident and related proceedings took place in Portarlington, County Laois.
When
The man was acquitted in May 2021 and the State's appeal was heard in July 2022.
Charges
Both were charged with 16 separate offences under the Theft and Fraud Offences Act.
In court
  • The defence argued the informal Garda line-up was inadmissible because the defendant had not been informed he was participating in one at Portarlington Garda Station.
  • Trial Judge Keenan Johnson ruled the line-up identification should not be put before a jury and ordered acquittal.
  • The DPP appealed under Section 23 of the Criminal Procedure Act 2010, with Michael Delaney SC arguing the evidence was compelling enough for a jury.
  • The Court of Appeal reserved its judgment.
Other details
  • The defendant had rejected a formal line-up, so an informal one was arranged without his knowledge, with the victim in the corridor and men passing in 15-20 second intervals.
  • One person was remanded in custody and the other was granted bail with strict conditions.
  • There was a combination of evidence including CCTV and clothing fibres to corroborate the identification.
23 statements extracted from the articles
  • whatThe accused is a 38-year-old man who cannot be named for legal reasons. (kildarenow.com)
  • whatHe allegedly robbed her of her purse at the back door of her home. (kildarenow.com)
  • whatWhen robbed, the woman spun around and looked into her assailant's eyes. (kildarenow.com)
  • whatTwo people were arrested in connection with a burglary in Portarlington (leinsterexpress.ie)
  • whereThe defendant allegedly followed the pensioner home from the SuperValu in Portarlington. (kildarenow.com)
  • whenThe arrests were made on Thursday, 14 July 2022 (leinsterexpress.ie)
  • chargeBoth were charged with 16 separate offences under the Theft and Fraud Offences Act (leinsterexpress.ie)
  • courtThe State appealed a trial judge's direction to acquit the man. (kildarenow.com)
  • courtHe was acquitted of the robbery charge in May 2021. (kildarenow.com)
  • courtThe defence argued the Garda line-up was inadmissible because the defendant had not been informed he was participating in one at Portarlington Garda Station. (kildarenow.com)
  • courtTrial Judge Keenan Johnson agreed the line-up identification should not be put before a jury and ordered acquittal. (kildarenow.com)
  • courtThe DPP brought the appeal under Section 23 of the Criminal Procedure Act 2010. (kildarenow.com)
  • courtMichael Delaney SC for the DPP said the evidence was compelling enough to be put before a jury. (kildarenow.com)
  • courtJames Dwyer SC noted the Criminal Procedure Act was only amended in February 2022 and it was unclear if it functioned retroactively. (kildarenow.com)
  • courtThe Court of Appeal reserved its judgment. (kildarenow.com)
  • courtOne person was remanded in custody (leinsterexpress.ie)
  • courtThe other person was granted bail with strict conditions (leinsterexpress.ie)
  • otherThe defendant had rejected a formal line-up, so an informal one was arranged without his knowledge. (kildarenow.com)
  • otherThe alleged victim was sitting in the corridor while the men passed in 15-20 second intervals. (kildarenow.com)
  • otherThe woman was told to squeeze her daughter's hand to signal identification of the accused. (kildarenow.com)
  • otherThe accused was the only man in the line-up who was in custody and without shoes. (kildarenow.com)
  • otherThere was a strong combination of evidence including CCTV and clothing fibres to corroborate the identification. (kildarenow.com)
  • otherAt one point the lady could not recall what Garda station she was in. (kildarenow.com)

The reporting

newest first
  1. 15 Jul2022
    Two arrested over burglary in Laois

    Reports the arrest and charging of two people over a burglary in Portarlington, with one remanded in custody and the other bailed on strict conditions.

    suspectsuspect
  2. 15 Jul2022
    Appeal of trial judge's direction to acquit man accused of robbing pensioner in Portarlington

    Reports the DPP's appeal at the Court of Appeal against the trial judge's direction to acquit, with submissions from Michael Delaney SC for the State and James Dwyer SC for the respondent, and the court reserving its judgment.

    accused, 38, malevictim, female