Retrial ordered after post office robbery conviction overturned

A man jailed for the robbery of a post office faces a retrial because evidence on the alleged ownership of a motorbike used in the robbery was taken from the Garda Pulse system.

Derek Lynch, aged 38, of Kilmore Road, Knocknaheeny, had pleaded not guilty at Cork Circuit Criminal Court to robbery and possession of a firearm at Friar’s Road Post Office, Turner’s Cross, Cork on May 20, 2012. He was sentenced to nine years imprisonment with the final year suspended by Judge Seán Ó Donnabháin on May 2, 2013.

Mr Lynch successfully appealed his conviction yesterday with the Court of Appeal holding evidence from the Garda Pulse system on the ownership of a motorcycle used in the robbery was hearsay evidence and should not have been admitted.

Giving judgment, Mr Justice John Edwards said the post office at Turner’s Cross was raided on the date in question by a person acting alone and brandishing a firearm.

The raider made off with approximately €2,000 and left the scene on a motorcycle. During the trial, a garda gave evidence he checked the registration of the motorcycle on the Pulse system and the number allegedly indicated that Mr Lynch was the owner.

Michael O’Higgins, defending, submitted the trial judge erred in admitting this as evidence of alleged ownership because the Pulse system required human input and, as such, was entirely hearsay evidence. It was suggested that the proper way to prove a vehicle’s registration was to utilise procedures in the Finance Act.

Mr Justice Edwards remanded Mr Lynch on bail, on consent and on a number of conditions, to Cork Circuit Criminal Court.