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Tuesday 21 August 2018

Parts of latex glove found at house where farmer allegedly assaulted

 Stock photo
 Stock photo

Sarah Murphy and Declan Brennan

A trial of a Dublin man accused of assaulting an elderly farmer during a burglary has heard evidence of parts of a latex glove found at the house.

Adam Marlowe (23) of Walkinstown Drive, Walkinstown, 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 two of the trial, Garda Kevin Hynes told the jury that material which has been identified as blue latex was found under clothing on the bed of the alleged victim.

Vincent Heneghan SC, defending, put it to garda witnesses that the material appeared to be the tip of a glove. Mr Heneghan said that if the glove was cut at the scene it would leave a finger exposed.

He asked Garda Hynes if he had found that bed with the material on it the same when they first went in, as it did not appear in the photographs provided to the jury.

Garda Hynes said he did not recall if that was how he had found the bed when they went in.

Asked if they had entered the room before the garda photographer, Garda Warren O'Sullivan said that photographs were taken first and then the search commenced.

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Garda Thomas Tighe told the court that he had found the blue material on the bed after moving some clothing away from the top of it. He said he had put it into a bag and labelled it in his statement.

However, the evidence was marked under the name of Garda Hynes and not Garda Tighe. Garda Tighe said it had been an error with labelling as they would not take out a biro and label it on the spot.

When Garda O'Sullivan received the bag of evidence he said there was no label and he wasn't aware it had been given an exhibit label by Garda Tighe.

The trial continues before Judge Melanie Greally today/tomorrow (Friday) with one more witness due to give evidence.

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