Judgment reserved in appeal by convicted killer against robbery

Convicted killer and rapist Ian Horgan will have to wait to the New Year to find out if his appeal against the conviction he received for the robbery of a post office has been successful.

Today the three Judge Court of Criminal Appeal consisting of Mr Justice Joseph Finnegan presiding, sitting with Mr Justice Paul Gilligan and Ms Justice Elizabeth Dunne reserved judgment in an appeal brought by Ian Horgan against his November 2007 conviction for the robbery of a post office.

Horgan (aged 26), The Hermitage, Macroom, Co Cork, was found guilty by a jury at Cork Circuit Criminal Court of robbing Clondrohid Post Office near Macroom and stealing a car from outside the premises on September 6, 2005. Horgan, who denied the charges, received an eight-year prison sentence.

In his appeal Horgan claims that his conviction is unsafe because warrants obtained by the Gardaí to search his home following the robbery were not properly validated, were defective and breached his constitutional rights.

The DPP has opposed the appeal.

In reserving it's judgment the CCA did not indicate when it would be in a position to give its decision. The Court adjourned Horgan appeal against the severity of sentence. It will be heard after the appeal against conviction has been determined.

Horgan was convicted of committing the robbery while he was out on bail after he had successfully appealed his conviction for the murder of young Cork woman Rachel Kiely.

Horgan was convicted in 2002 of the murder of beautician Ms Kiely (aged 22) in Ballincollig in October 2000. Horgan was 16 years of age at the time.

The beautician who was also a Jehovah's Witness was found strangled in undergrowth in a park near her home. He successfully appealed the conviction in 2004 and was released on bail.

In 2006 he pleaded guilty to Ms Kiely's manslaughter and was found guilty of her rape and was sentenced at the Central Criminal Court to eight years in jail, with six years suspended due to the time he had already served.

In April 2007 the CCA substituted a 12-year sentence on both counts backdated to 2001 following a successful appeal against the leniency of the sentence by the Director of Public Prosecutions.

Because the offences at the centre of the appeal were committed while he was out on High Court bail, Horgan's eight year sentence must run consecutively to the term he received for the rape and manslaughter of Ms Kiely because the offence was committed while he was out on bail.