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Judge can’t deal with sentence because appeal has been lodged

This article is from page 12 of the 2014-11-04 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 12 JPG

A FORMER student convicted of threatening to kill an Ennis based dentist last week sought to take up an offer to reduce his three-year prison sentence.

But at Ennis Circuit Criminal Court on Tuesday, Judge Gerald Keys told solicitor for Eoin Hannan (41) that his hands were tied with respect to the application. Judge Keys said he did not have jurisdiction to deal with Mr Hannan’s application after being told Mr Hannan has lodged an appeal with the Court of Criminal Appeal.

In March a jury unanimously found Eoin Hannan guilty of threatening to kill a dentist at his practice in Merchant Square, Ennis on May 11, 2012

Mr Hannan, with former addresses at Kilrush Road, Ennis and Shear Street, Kilmallock, Ennis was also found guilty of two counts of engaging in behaviour with intent to provoke a breach of the peace.

The jury at Ennis Circuit Criminal Court acquitted the accused of making a threat to burn down the practice. Mr Hannan had denied all charges. At his sentencing hearing in March, Mr Hannan received a threeyear prison term but Judge Keys said he would suspend 15 months of the sentence if Mr Hannan agreed to enter a bond to be of good behaviour, abide by the directions of the Probation Services, abstain from alcohol and take his medication.

Mr Hannan asked to leave the court to consider the offer and when the case resumed, barrister Michael Collins, who acted for Mr Hannan at his trial, told the court Mr Hannan continued to protest his innocence and did not want to enter into a bond.

At Ennis Circuit Criminal Court on Wednesday, Mr Hannan sought to enter the bond to have the sentence reduced. Mr Hannan was represented in court by solicitor Daragh Hassett. Judge Keys told Mr Hassett he did not have jurisdiction to deal with the application as Mr Hannan had already lodged an appeal to the Court of Criminal Appeal.

“As far as I am concerned, my hands are tied “, The judge said.

Counsel for the Director of Public Prosecutions (DPP), Stephen Coughlan, told Judge Keys that in relation to this matter the only order he could make was no order.

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