Ireland Man awarded €5,000 over breach of speedy trial right in Cork
Two masked raiders took €20,000 from the Blackpool Post Office in Cork in March 2009, and Michael O'Callaghan, a man in his 50s, was convicted of the armed robbery in 2011. The CCA quashed his conviction in 2013, finding insufficient evidence for the case to go to a jury, and he had been in custody for the entire four years and four months. O'Callaghan brought a damages claim in the High Court in 2015 for breach of his constitutional right to a trial with reasonable expedition, which was dismissed in 2019 and rejected again by the Court of Appeal. The Supreme Court awarded him €5,000 damages, finding the State in breach of his right under Article 38.1 due to systemic delays in the appeals system.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court30 Sep
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- Two masked raiders took €20,000 from the Blackpool Post Office in Cork in March 2009.
- Where
- Blackpool Post Office, Cork.
- When
- The robbery occurred in March 2009, the conviction was in 2011, the conviction was quashed in 2013, and the Supreme Court judgment was in 2021.
- Cause
- The dominant cause of the delay was deficiencies in the court system at that time, of which the State was aware.
- Investigation
- The appeal was adjourned five times over a 17-month period because it proved impossible to empanel judges.
- Charges
- O'Callaghan was convicted in 2011 of the armed robbery, and the CCA quashed the conviction in 2013 finding insufficient evidence for the case to go to a jury.
- In court
- The Supreme Court found a violation of O'Callaghan's constitutional right under Article 38.1.
- Sentence
- The Supreme Court awarded O'Callaghan €5,000 damages for breach of his constitutional right to a trial with reasonable expedition.
- Other details
- O'Callaghan was in custody for the entire four years and four months from his 2009 arrest to the quashing of his conviction in 2013.
- The High Court dismissed his damages claim in 2019, and the Court of Appeal rejected his appeal before he secured a further appeal to the Supreme Court.
12 statements extracted from the articles
- what€20,000 was taken by two masked raiders during the robbery (irishtimes.com)
- courtThe Supreme Court awarded O'Callaghan €5,000 damages for breach of his constitutional right to a trial with reasonable expedition (irishtimes.com)
- courtThe appeal was adjourned five times over a 17-month period because it proved impossible to empanel judges (irishtimes.com)
- courtThe court found a violation of O'Callaghan's constitutional right under Article 38.1 (irishtimes.com)
- courtO'Callaghan won an appeal in 2013 against his 2011 conviction for a March 2009 robbery of Blackpool Post Office in Cork (irishtimes.com)
- courtThe CCA held there was insufficient evidence for the case to go to a jury (irishtimes.com)
- courtThe High Court dismissed his damages claim in 2019 (irishtimes.com)
- courtThe Court of Appeal rejected his appeal and he secured a further appeal to the Supreme Court (irishtimes.com)
- courtThe case was initiated in the High Court in 2015 (irishtimes.com)
- otherO'Callaghan was in custody for the entire four-year and four-month period (irishtimes.com)
- otherBy 2014 there was a backlog of 3,000 civil appeals and 600 criminal appeals (irishtimes.com)
- otherThe issue is the vindication of a constitutional right rather than a proper tort, without evidence of misconduct or bad faith by the State (irishtimes.com)
The reporting
newest first- 30 Sep2021Man awarded €5,000 over State’s breach of right to speedy trial
Reports the Supreme Court's judgment awarding €5,000 damages to Michael O'Callaghan for the State's breach of his constitutional right to a speedy trial, relating to the delay in his 2013 appeal that quashed his 2011 armed robbery conviction for the March 2009 Blackpool Post Office robbery in Cork.
victim, Michael O'Callaghan, 50s, male, irish (judged from name)Michael O'Callaghan