A retrial has been ordered for 55 year old Gavin Hanway, of Limekiln Green, Walkinstown, Dublin.
A man's conviction for a burglary at the home of his former partner in Laois has been overturned, over how forensic evidence was examined at his trial.
55 year old Gavin Hanway, of Limekiln Green, Walkinstown in Dublin had also been found guilty of assault causing serious harm to Kevin Kenny at a house in The Hermitage, Portlaoise, Co Laois on July 26th 2016.
Mr Hanway had been convicted by a jury of an aggravated burglary at the same address and date, during a eight day trial in Portlaoise in 2024 and sentenced to 12 years in prison.
The Irish Independent reports it had been the home of his former partner Teresa Ryan who had identified him to Gardai as the intruder.
The Court of Appeal heard Ms Ryan and members of a band who had played at a wedding, including Mr Kenny, arrived at her home in the early hours of July 26, 2016.
They were confronted by a man dressed in black with his face covered and carrying a knife, waving it before stabbing Mr Kenny and lacerating his small bowel, which would have been life-threatening without proper treatment.
Mr Hanway's car had been seized under warrant, with his defence team stating in his appeal that the car had been seized in breach of his constitutional rights.
The judge who carried out the trial has ruled otherwise and said while he found that this evidence had been illegally obtained, he applied the legal test to it and ruled it admissible in the interest of justice.
The Court of Appeal ruled that the judge should have declined to rule on the challenge to admissibilty arising from the seizure of the car by gardai on the grounds that this issue was not the basis of the challenge by the defence.
The court ruled that it would allow the appeal and direct a retrial, with the appellant granted bail and the matter to be sent back to Portlaoise Circuit Court.
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