A 29-YEAR-OLD man who caused the deaths of a Co Limerick couple by dangerous driving has been released on bail pending an appeal against his conviction.
In February Michael Harty, of St Mary's Terrace, Askeaton, Co Limerick, was given a five-year sentence and banned from driving for 30 years by Judge Carroll Moran after he was found guilty by a Limerick Circuit Criminal Court jury of dangerous driving causing death.
He had pleaded not guilty to dangerous driving causing the deaths of Maurice Hartnett (61) and his wife Margaret (59) at Ardtomin, Askeaton on the evening of July 29, 2009.
Counsel for Harty, Mr Colm O’Briain BL, told the court that the appeal would focus on whether or not the accused man had a constitutional right to confidentiality with regard to his medical records and a toxicology report in particular.
Presiding judge Mr Justice Nial Fennelly said the appeal point raised by the applicant was “certainly arguable” and the court found that there was also “no doubt” Harty will have served a very substantial period of his sentence by the time the appeal is heard.
He said the court had decided it would grant bail to Harty on the same terms and conditions as imposed at trial.
Mr Justice Fennelly said that bail would be granted on Harty’s own bond of €100 and was subject to the conditions that he reside at home address and sign on three days per week at Newcastle West Garda Station between 9am and 9pm.
Harty must observe a curfew between 9pm and 9am and must surrender his passport, cannot apply for any new travel documentation and cannot contact any witness in the case.