Farm Ireland

Thursday 17 January 2019

Accused's DNA found at house where farmer (81) allegedly assaulted, trial told

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Sarah Murphy and Declan Brennan

The trial of a Dublin man accused of assaulting an elderly farmer during a burglary has heard evidence that his DNA was found at the victim's home.

Adam Marlowe (23) of Walkinstown Drive, Walkinstown, has pleaded not guilty to aggravated burglary and assaulting Malachy Turley causing him harm at Kettles Lane, Kinsealy, Dublin, on July 29, 2016.

He has also pleaded not guilty at Dublin Circuit Criminal Court to robbing €50 from the then 81-year-old complainant on the same date.

On day three of the trial Dr Yvonne O'Dowd from the Forensic Science Laboratory told the jury that she examined a piece of blue latex material found on Mr Turley's bed.

The trial has heard the material is believed to be the tip of a glove and was found on the bed of the victim by gardaí investigating the scene.

Dr O'Dowd told the jury that she took a sample from the blue latex material with a swab and generated a DNA profile matching Mr Marlowe. The court heard 93% of the DNA matched Mr Marlowe while the other 7% matched two other unidentified profiles.

Vincent Heneghan SC, defending, asked Dr O'Dowd if she had taken a swab of both the outside and inside of the tip of the glove. She said that she had only swabbed the entire inside and not the outside because she was looking for the wearer of the glove.

Another item found was a pair of combat trousers which had a complex mixed DNA profile of three people with equal quantities. Mr Heneghan said that these profiles were not those of the accused and the victim.

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In his closing speech Mr Heneghan stated that there had been flaws, errors and mistakes committed by garda during their investigation and by Dr O'Dowd in the way she analysed the glove.

The victim reported that the three people that entered his home had balaclavas on them but was not asked if he had seen them wearing gloves, counsel said.

Antonia Boyle SC, prosecuting, had asked the jury to take into account the isolated life of the victim who rarely had any visitors and said "clearly these people were kitted out in clothing to carry out a burglary."

The trial continues on Tuesday when Judge Melanie Greally will charge the jury.

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