Bouncer Foley in bid to appeal sex assault conviction
THE BOUNCER whose conviction for sexual assault sparked extraordinary scenes in court has attempted to start the process of appealing his conviction and sentence.
Last December Danny Foley was jailed for five years after being found guilty of sexually assaulting a 22-year-old woman in July 2008.
Prior to his sentencing, up to 50 locals -- including a priest -- shook his hand and hugged him in the court, just yards away from the victim.
Yesterday he lodged an application to the judge who presided over his trial.
The application was made by barrister Pat Purcell on Foley's behalf to the trial Judge Donagh McDonagh who was sitting at Trim Circuit Criminal Court.
Foley was seeking an extension of time to allow him make an application seeking a certificate for leave to appeal conviction and sentence.
An affidavit sworn by Foley was opened in court yesterday and in it he said he was "quite certain" that he had instructed his defence barrister to seek leave to appeal conviction and sentence.
However, the transcript from Tralee Circuit Court on the day he was sentenced confirms that reference was only made by his barrister to seeking leave to appeal the severity of the sentence.
Mr Purcell said that because of this the Court of Criminal Appeal said it had no jurisdiction to hear the full appeal because the grounding of the certificate seeking leave to make the appeal was limited to severity of sentence only.
If the judge allows Foley the extension of time he will then be able to challenge both his conviction and sentence.
Judge McDonagh said he wanted time to consider the submissions made to him by Mr Purcell and would give his ruling at Galway Circuit Court on March 26.
The 35-year-old, of Meen, Listowel, Co Kerry, had claimed in last year's trial that he had found "yer wan" naked from the waist down outside the nightclub when he went to relieve himself. He later retracted this story and said he lied because he "panicked". He claimed all sexual acts between them were consensual.
The victim said she had been shunned in the community afterwards.