Appeal on heroin conviction rejected

The Court of Criminal Appeal has rejected an appeal by a Dublin man against his conviction for possession of heroin worth an …

The Court of Criminal Appeal has rejected an appeal by a Dublin man against his conviction for possession of heroin worth an estimated street value of €1.6 million.

Last January, Damien Hui (25), Sycamore Avenue, Kingswood, Tallaght, was given the mandatory 10-year prison sentence after being found guilty of possession of drugs with the intent of sale or supply, contrary to the Misuse of Drugs Act. Hui was arrested by members of the National Garda Drug Unit in a field in Brannockstown, Co Kildare, in May 2004.

The sentence was imposed at Naas Circuit Criminal Court by Judge Pat McCartan.

Yesterday, the three judge appeal court of Mr Justice Hugh Geoghegan, presiding and sitting with Mr Justice Roderick Murphy and Mr Justice Éamon de Valera, rejected Hui's appeal against his conviction. Counsel for Hui, Aileen Donnelly, argued the trial judge had erred by not discharging the jury after a prosecution witness had used the term "confidential information" in the course of their evidence.

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It had been agreed beforehand by defence and prosecution such information would not be used during the trial and the reference to it in front of the jury was prejudicial to her client's case, counsel said.

Opposing the appeal, Mr Daniel Boland, for the DPP, said the term confidential information was used once in the course of the trial, nor was the nature of that information disclosed to the court.

In dismissing the appeal, Mr Justice Geoghegan said the court was quite satisfied the trial judge had not erred.