Man will not be retried for burgling solicitors’ office after conviction quashed
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A man found in a solicitors’ office claiming he was homeless and looking for somewhere to sleep will not be retried for burglary after his conviction was quashed.
Robert Kane, 41, had denied burglary and criminal damage at the office of Patrick Morrissey and Co Solicitors, on Crofton Road, Dun Laoghaire, on 3 February 2017.
He was found guilty by a jury at Dublin Circuit Criminal Court and sentenced to three years’ imprisonment with the final six months suspended on 22 June 2017.
However, the Court of Appeal quashed Mr Kane’s conviction earlier this month over the trial judge’s instructions to the jury concerning aspects of the defence case.
The prosecution case was that Mr Kane had broken into the premises as a trespasser with a view to committing an offence, most likely theft, while the defence case was that Mr Kane was homeless and was looking for somewhere to sleep.
Mr Kane had served his sentence by the time his conviction was quashed. Lawyers for the DPP confirmed to the Court of Appeal on Friday that no retrial was being sought.
Ruaidhrí Giblin, Ireland International News Agency Ltd.
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