CCA sets aside Cork man's robbery conviction

Cork man Ian Horgan has won his appeal against the conviction he received for the 2005 robbery of a post office.

Today the three-Judge Court of Criminal Appeal (CCA) of Mr Justice Joseph Finnegan, sitting with Mr Justice Paul Gilligan, and Ms Justice Elizabeth Dunne quashed the conviction, and directed a retrial.

The Court found that a warrant obtained by gardaí to search his home following the robbery was not properly validated, was defective and breached his constitutional rights. As a result of the decision Horgan could be set for release as early as 2010.

In 2007 Horgan (aged 25), 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’ lawyers argued that warrants must be assigned to and executed by a named garda, which was not done in this case. The DPP argued that that the warrants were valid.

Today the CCA held that the Garda search was not conducted in accordance with the law, and the fruits of that search are inadmissible in evidence. However in setting aside the conviction the CCA directed that a retrial take place.