A Co Roscommon farmer who made a false statement to gardaí about his cattle having gone missing when they were in his neighbour’s shed has failed in an attempt to have the Supreme Court hear an appeal against his conviction and fine.
Gerard Harrington, of Marian Road, Boyle, Co Roscommon, was convicted in July 2021 at Tullamore Circuit Criminal Court of making a false report tending to give rise to apprehension for the safety of persons or property. He was sentenced and fined €6,500 in October 2021.
Harrington reported to gardaí in October 2015 that a number of his cattle were missing and gave details of the breed, tag number and value of each. After making inquiries, gardaí were led to a shed at Breedogue, Co Roscommon, where they found several cattle, six of which had tag numbers matching those reported missing by Harrington.
At the Court of Appeal last May, Harrington (then aged 52) complained that the trial judge erred in ruling admissible a Garda interview. His legal counsel submitted that Harrington had been “inveigled” to attend the Garda station in a manner that prevented him from having the opportunity to get legal advice.
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The Court of Appeal’s Mr Justice John Edwards said there was “not a scintilla of evidence” to suggest Harrington was tricked or trapped in any way. That court dismissed the appeal. Harrington then sought to have his case heard by the Supreme Court, which rejected his application, finding that he had not met the constitutional bar to have another appeal.
The Supreme Court noted it had been suggested that Harrington’s motivation for the false report arose after a local woman collided with a cow or a bull a few evenings before he claimed the cattle had gone missing. It said Harrington agreed before the jury that he had not been arrested and had been told that he was not obliged to answer questions.
The court said Harrington confirmed the memorandum contained his account of what he said had happened. He argued, however, that he should have been arrested so that he would have had access to legal advice.
The Supreme Court found that Harrington did not make admissions at any stage of the interview and insisted that his account, as recorded in the memorandum, was true.
“Nothing in the case turned upon its provisions given that no admissions were made, and the interview content was consistent with the case made at trial,” the court ruled as it dismissed the application.
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