The Court of Criminal Appeal yesterday reserved judgment in an appeal by Eamonn Kelly, of Furry Park Road, Clontarf, Dublin, against his conviction and sentence (to 14 years imprisonment) on a charge of having £500,000 worth of cocaine for supply.
Kelly had been convicted in the Dublin Circuit Criminal Court on September 3rd 1992, of having the cocaine and possessing it for supply.
The judge was told by Det Insp Martin Callinan that another person, John= Francis Conlon, from Westport, Co Mayo, was charged with Kelly but had failed to answer bail in Dublin District Court and had not been found since.
Kelly had denied knowing that a plastic bag, found in a car, contained cocaine. He said he collected Conlon at Dublin Airport at the request of a friend. He said Conlon told him the bag had money for a friend of that friend.
Among the grounds of appeal was that the trial judge failed to make adequately clear to the jury the case being made for Kelly. It was also alleged that the State failed to preserve forensic evidence of material disclosed by and to the fingerprint expert and wrongfully destroyed it, making it impossible for a defence expert to make any findings.
It was also alleged Kelly had been denied fair procedures.