Burglary case dismissed as garda warrant 'now unconstitutional'

A man who was facing a charge of aggravated burglary has had his case dropped because the warrant gardaí used to arrest him at his family home is now unconstitutional.

The burglary was carried out in Templeogue in February 2010. Four masked men burst into a couple’s home when the woman was preparing to go to Mass and her husband was on the phone arranging a game of golf.

They tied up the man and threatened both him and his wife while demanding cash.

The man dropped the phone as the raiders forced their way into his house but the call remained connected and gardaí were alerted by the person he had been talking to.

The burglars had left by the time gardaí arrived on the scene.

Alan Wilson (aged 33) of New Street Gardens, Dublin 8, was facing a charge of aggravated burglary at the couple’s home on February 3, 2010.

Michael O’Higgins SC, defending, told Dublin Circuit Criminal Court that a woollen hat was later found in a neighbouring garden and forensically analysed. There were three DNA profiles found on it and forensic scientists concluded that Wilson had the majority profile.

Counsel said on February 9 that year, gardaí entered Wilson’s house with a section 29 warrant and arrested him. He was taken to a nearby garda station where a sample of his DNA was taken.

The court heard that this warrant under Section 29 of the Offences Against the State Act was found to be unconstitutional following a Supreme Court ruling last month.

Mr O’Higgins told Judge Martin Nolan that this ruling “effectively rendered gardaí trespassers” the day they arrested Wilson.

He argued that this meant his client’s subsequent detention was also unlawful and any DNA evidence taken from the accused was now inadmissible.

Mr O’Higgins told Judge Nolan that the DNA evidence was the only evidence linking Wilson to the crime.

Vincent Heneghan BL, prosecuting, accepted that the remaining evidence in the case was “circumstantial” and fully accepted that the Section 29 warrant used was no longer valid.

He argued that the legality of Wilson’s subsequent detention at the garda station and the taking of DNA samples from him could be debated before the judge dealing with the trial.

Judge Nolan acceded to Mr O’Higgins application and dismissed the case.