Ireland Case No. 6525Assault causing serious harm · Co. Limerick · 17 Dec 2017
Court of Appeal quashes conviction over Rathkeale machete attack
On 17 December 2017 in Bothar Buí, Rathkeale, Co Limerick, Willie O'Driscoll Sr, aged 74, suffered serious harm in a machete attack. John O'Donoghue (54) was convicted at Limerick Circuit Criminal Court in November 2021 of assault causing serious harm and violent disorder, and was sentenced to 10 years and a concurrent eight years. The Court of Appeal later quashed both convictions because gardaí did not seek out and preserve CCTV footage, which the court said deprived him of a realistic prospect of a defence. Reports of the quashed convictions appeared on 16 February 2024, and no retrial details were given.
- Reported
- Arrested
- Charged
- In court
- Verdict
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports- What happened
- John O'Donoghue was convicted of assault causing serious harm to Willie O'Driscoll Sr, who was 74.
- Where
- The assault took place in Bothar Buí, Rathkeale, Co Limerick.
- When
- The assault took place on 17 December 2017.
- Weapon
- The attack involved a machete.
- Cause
- The victim was allegedly caused serious harm with a machete.
- Charges
- O'Donoghue was also convicted of violent disorder on the same date and location.
- A jury found O'Donoghue not guilty of producing a machete during a dispute and of making threats to kill.
- In court
- O'Donoghue was convicted at Limerick Circuit Criminal Court in November 2021 after pleading not guilty on all counts.
- The Court of Appeal said there were significant failings in the CCTV investigation and that a realistic prospect of a defence existed.
- The Court of Appeal quashed O'Donoghue's convictions, as reported on 16 February 2024.
- Sentence
- O'Donoghue was sentenced to 10 years' imprisonment for assault causing serious harm and eight years, concurrent, for violent disorder.
- Investigation
- The defence argued that gardaí did not seek out CCTV footage of the attack.
- The defence engineer identified 30 cameras in the area, and gardaí retrieved no CCTV.
- A woman told gardaí her CCTV was operational and offered them access, but gardaí never returned to view it.
- Other details
- According to the court, gardaí have an established duty to seek out and preserve CCTV.
22 statements extracted from the articles
- whatJohn O’Donoghue was convicted of assault causing serious harm on Willie O’Driscoll Sr. (irishtimes.com)
- whatJohn O'Donoghue was convicted of assault causing serious harm to Willie O'Driscoll Sr, who was 74. (irishmirror.ie)
- whereThe assault took place in Bothar Buí, Rathkeale, Co Limerick. (irishtimes.com)
- whereThe assault happened in Bothar Buí, Rathkeale, Co Limerick. (irishmirror.ie)
- whenThe assault took place on 17 December 2017. (irishtimes.com)
- whenThe assault happened on 17 December 2017. (irishmirror.ie)
- causeThe victim was allegedly caused serious harm with a machete. (irishmirror.ie)
- weaponThe attack involved a machete. (irishtimes.com)
- investigationThe defence argued that gardaí did not seek out CCTV footage of the attack. (irishtimes.com)
- investigationThe defence engineer identified 30 cameras in the area, and no CCTV was retrieved by gardaí. (irishtimes.com)
- investigationNo CCTV had been retrieved by gardaí, although the defence said there were 30 cameras in the area. (irishmirror.ie)
- investigationA woman told gardaí her CCTV was operational and offered them access, but gardaí never returned to view it. (irishmirror.ie)
- chargeO’Donoghue was also convicted of violent disorder on the same date and location. (irishtimes.com, irishmirror.ie)
- courtO’Donoghue was convicted at Limerick Circuit Criminal Court in November 2021. (irishtimes.com)
- courtThe jury found O’Donoghue not guilty of producing a machete during a dispute and of making threats to kill. (irishtimes.com)
- courtThe Court of Appeal said it would quash the convictions. (irishtimes.com, irishmirror.ie)
- courtA jury found O'Donoghue not guilty of producing a machete and of making threats to kill. (irishmirror.ie)
- courtThe Court of Appeal said there were significant failings in the CCTV investigation and that a realistic prospect of a defence existed. (irishmirror.ie)
- sentenceO’Donoghue was sentenced to 10 years’ imprisonment for assault causing serious harm and a concurrent eight-year term for violent disorder. (irishtimes.com)
- sentenceO'Donoghue was sentenced to 10 years' imprisonment for assault causing serious harm and eight years, concurrent, for violent disorder. (irishmirror.ie)
- otherO’Donoghue had pleaded not guilty on all counts. (irishtimes.com)
- otherGardaí have an established duty to seek out and preserve CCTV, according to the court. (irishmirror.ie)
The reporting
newest first- 16 Feb2024Man jailed for 10 years for machete attack has conviction overturned
Reports the Court of Appeal's ruling, delivered on a Friday before 16 February 2024, quashing O'Donoghue's convictions. O'Donoghue had been sentenced to 10 years' imprisonment for the assault and a concurrent eight-year term for violent disorder. The article gives no retrial details.
victim, Willie O'Driscoll Sr, 74, male, irish (judged from name)Willie O'Driscoll Srconvicted, John O'Donoghue, 54, male, named, irish (judged from name)John O'Donoghue - 16 Feb2024Man jailed for machete attack on elderly man has conviction overturned
Reports that the Court of Appeal quashed O’Donoghue’s convictions because gardaí failed to seek out and preserve CCTV footage, which the court said deprived him of a reasonable prospect of a defence.
convicted, John O'Donoghue, 54, male, named, irish (judged from name)John O'Donoghuevictim, Willie O'Driscoll Sr, 74, male, irish (judged from name)Willie O'Driscoll Sr