More time sought for appeal of conviction

KERRY BOUNCER Danny Foley, who was jailed last year for sexually assaulting a woman in Tralee, has made an application to the…

KERRY BOUNCER Danny Foley, who was jailed last year for sexually assaulting a woman in Tralee, has made an application to the judge who presided over his trial in an effort to start the process of appealing his conviction and sentence.

The trial involving Foley, who was given a seven-year sentence, with two years suspended, drew particular attention after a number of local people, including his parish priest, shook his hand in court in what was seen as a show of support for him.

An application was made yesterday by barrister Pat Purcell on Foley’s behalf to Judge Donagh McDonagh, who was sitting at Trim Circuit Criminal Court. He was seeking an extension of time to allow him to make an application seeking a certificate for leave to appeal conviction and sentence.

As part of his initial application earlier this month, Mr Purcell said that, after the conviction in Tralee, an application was made to the judge for a certificate for leave to appeal the severity of the sentence, but it should have been for conviction and sentence.

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An affidavit sworn by Foley was opened in court yesterday and in it he said he was “quite certain” that he had instructed his defence barrister during his trial to seek leave to appeal conviction and sentence.

However, the transcript from Tralee Circuit Court on the day he was sentenced confirms that reference was only made by his barrister to seeking leave to appeal the severity of the sentence.

If the judge allows Foley the extension of time, he will then be able to lodge an appeal with the Court of Criminal Appeal and challenge both his conviction and sentence.

The judge said he wanted time to consider the submissions made to him by Mr Purcell and will give his ruling at Galway Circuit Court on March 26th.