‘Sentencing was dealt with in a procedurally confused manner’

Brendan Grehan, prosecuting, said that there was a question mark over a trial court’s jurisdiction to grant bail pending appeal.

He said that the effect of Section 31 of Criminal Procedure Act 2010 was to give a person an automatic right of appeal and to repeal section 31 of the Courts of Justice Act, 1934.

He said that bail was granted to O’Brien on a contingency basis which might not come to pass and that an intention to appeal is not an appeal in itself. Bail was unenforceable if there was no appeal in place.