Sunday 22 October 2017

Man loses appeal over raid on businessman's home

A MAN jailed for ten years for his part in a raid by a gang on the home of an Athlone businessman in 2005 has lost an appeal against his conviction.

Brian McGinley (40), Blackberry Lane, Athlone, Co Westmeath, was convicted by a jury on a majority verdict in 2010 at the Circuit court in Tullamore.

 

On 13 February 2005, McGinley was part of a gang that broke into the home of Athlone businessman Damien Kilmartin, assaulted him with bars and a baseball bat and threatened to sexually assault him.

 

They also terrorised four young children. The gang then left in the jeep of Mr Kilmartin’s wife Rachel.

 

They took jewellery with an estimated value of over €100,000 and a safe containing €11,000 with them.

 

The court was told after the gang failed to fit the safe into the boot of the Kilmartin's 6-series BMW, they made their escape in a BMW jeep, also taking the safe

 

A trace of blood found on the boot of the BMW was later matched to McGinley.

 

Today, the Court of Criminal Appeal (CCA) dismissed McGinley's application for leave to appeal against conviction and deferred a separate leave to appeal severity of sentence.

 

The CCA said the case depended entirely on the link established by scientific analysis to the blood found on the car and to a hair sample later taken by gardai when they arrested McGinley.

 

The effect of properly proved DNA evidence was devastating to McGinley and his lawyers made no attempt to contest it, the CCA said.

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