Three acquitted of breaking into house and demanding money

Three men have been acquitted of breaking into a house and demanding money with menace after a judge ruled identification evidence was inadmissible.

Before the trial ended Judge Melanie Greally noted that some of the witnesses were acting out of concerns for their own safety.

David Mulvey (32), Gerard Hogg (30), and Dean Thomas (23) were charged with committing burglary and violent disorder at a house on Ballygall Crescent, Finglas on August 25th, 2013.

They were also charged with making an unwarranted demand of money with menace from Anne Fitzgerald at Ballygall Crescent on the same occasion. Mr Mulvey was also charged with criminal damage of a Hyundai Accent car belonging to Shane Fitzgerald during the same incident.

Mr Mulvey, Mr Hogg both of Berryfield Drive, Finglas, Dublin and Mr Thomas of Glenties Drive, Finglas had each pleaded not guilty at Dublin Circuit Criminal Court to all charges.

The State alleged that they were part of a group of four men that broke in through the front door of the Fitzgerald family home on the afternoon of August 25th last year.

The men were alleged to have demanded money in a threatening fashion while asking about Desmond Fitzgerald, a member of the family.

Judge Greally directed a jury to find the defendants not guilty of the charges and told them that certain evidence had been excluded as a result of legal argument lasting a few days. She said that there is no evidence now to support any of the charges against any of the accused.

Earlier, in the absence of the jury, Judge Greally ruled that evidence where one of the witnesses had identified the accused as the men who had broken in the house took place in “highly prejudicial circumstances”.

She said that visual identification was in general an unreliable form of evidence and this identification was comprimised and had to be excluded.

Before this ruling Judge Greally had granted an application by the State to allow the jury to read statements made by some witnesses after the prosecution said that there were “material inconsistencies” between their evidence given on oath and evidence given to gardaí.

Judge Greally noted the witnesses, who had been in the house during the alleged attack, had made other efforts to discontinue the prosecution of these offences. She said their actions were “motivated by concern for their own safety” and their actions in court showed a “continued concern” in that regard.