A Dublin man jailed for 12 years for offences connected with the kidnapping of former National Irish Bank chief executive Mr Jim Lacey has lost his appeal against the conviction.
Joseph Kavanagh (41), a father of five from Benbulben Road, Crumlin, was jailed by the Special Criminal Court in October 1997 for the robbery of £243,000 in cash from Mr Eugene Keenan, manager of National Irish Bank, College Green, Dublin in November 1993.
The Court of Criminal Appeal yesterday dismissed Kavanagh's appeal against his conviction.
Mr Justice Murphy said the charges against Kavanagh arose from events on November 2nd, 1993, when a gang broke into the home of Mr Lacey, then chief executive of NIB, and falsely imprisoned him, his wife and children. Kavanagh drove Mr Lacey to a car park at Merrion church. They transferred to a van and drove to NIB at College Green. Mr Lacey used his authority to take a great deal of money from the NIB vaults and, with the assistance of Kavanagh, it was loaded into bags and driven to a lane-way in Rathmines, where it was delivered to other members of the gang.
Mr Justice Murphy said Kavanagh later contacted a firm of solicitors and following advice, went to a Garda station were he made a detailed statement. He told gardai his involvement was because, like Mr Lacey, he was acting under duress. Kavanagh claimed the same violent gang had threatened him and his children. Kavanagh's lawyers had argued that his guilt had not been proved beyond a reasonable doubt. Kavanagh was also claiming that the Special Criminal Court misapplied or misconstrued the law. He argued that a person accused had no duty to prove a defence of duress, but rather the onus was on the DPP to prove every ingredient beyond a reasonable doubt.
Mr Justice Murphy said the Special Criminal Court was satisfied that Kavanagh's role in the robbery was not that of a person acting under duress.
The Court of Criminal Appeal was satisfied the three judges of the Special Criminal Court had addressed themselves correctly on the question of law and had taken into account all the evidence. He said the Special Criminal Court was satisfied of Kavanagh's part in the robbery and that coercion never took place.