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quashed Former Irish youth boxer to face retrial for cocaine charge

Carroll had been previously found guilty but had the conviction quashed by the Court of Appeal

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A former youth boxer who had his drugs conviction quashed by the Court of Appeal is facing a retrial.

Roy Carroll (28), of Farranferris Park, Farranree, Cork, had pleaded not guilty to a charge of possessing a quantity of cocaine for sale or supply contrary to section 15 of the Misuse of Drugs Act, 1977.

A jury found him guilty, however, and Judge Brian O’Callaghan sentenced Carroll to four years’ jail with 18 months suspended at Cork Circuit Criminal Court on February 25, 2020.

On Wednesday the conviction was quashed after judges ruled that evidence of his silence during garda interviews went before the jury without proper direction as to how they must consider the exercise of that right.

The judges also said they would consider the question of a retrial upon hearing further submissions from the defence and prosecution.

Today at the Court of Appeal, Donal T McCarthy BL, for the Director of Public Prosecutions (DPP), said the DPP intended to retry the matter based on the garda evidence.

Paula McCarthy BL, defending, told the court that if there was a retrial and a conviction, the majority of any sentence imposed by the court would have already been served by her client.

Mr Justice John Edwards, presiding, along with Mr Justice Patrick McCarthy and Ms Justice Aileen Donnell, said that court was “disposed to order a retrial” and returned the case to Cork Circuit Criminal Court.

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