A businessman who was jailed for a serious attack that left his victim out of work for six months has failed in a bid to overturn his conviction on the grounds that the jury had no evidence about the functionality of a machine used to extract DNA from blood found at that scene.
Security provider Gezim Idrizi (38) of Luttrellstown Heights, Castleknock, Dublin, was found guilty last February by a jury of one count of assault causing harm but was acquitted on one count of false imprisonment of a man at his premises, GZ Security, Rosemount Business Park, Ballycoolin, Dublin 11, on February 1st, 2016.
In June at the Court of Appeal, Idrizi’s lawyers argued that the jury heard no evidence about the workings of a machine used to extract DNA from blood found at that scene that revealed the presence of the victim's and Idrizi's DNA.
The trial heard that blood found on the floor of the premises resulted in a mixed DNA profile from two contributors. Ms Sarah Fleming of Forensic Science Ireland (FSI) told the trial that two "full" DNA profiles were extracted from the blood and revealed the profile of both Idrizi's and his victim's DNA.
Ms Fleming told the trial the DNA from the blood at the scene "was in excess of one thousand million times" more likely to have come from Idrizi and the complainant rather than two unknown persons.
DNA evidence
In delivering judgement on Monday, Ms Justice Patrick McCarthy said the appellant had argued that the trial judge had erred in law and fact in not allowing the defence to have the DNA evidence ruled as inadmissible.
The defence had argued that DNA evidence taken from the scene should not have been put before the jury because the evidence “was arrived at by robots or other such devices that the defence was never made aware of prior to the trial”, said Mr Justice McCarthy.
Idrizi’s legal team had submitted that they had no opportunity to test or examine the device prior to the trial and that their application to have the FSI evidence ruled as inadmissible was wrongly rejected.
Ms Justice McCarthy said that regarding the FSI evidence, the court was "not dealing with documentary evidence, computer analysis or computer records but with an opinion based on real evidence”.
“It was only necessary for the prosecution to prove what the robot – the liquid handling unit – does, not how it does it,” said Mr Justice McCarthy.
Mr Justice McCarthy said the “robot” used in extracting the DNA was “merely a physical aid” for analysts and noted that “the key point is that Ms Fleming personally analysed the DNA”.
The judge said there had been “no question” at the trial as to the accuracy of her conclusions or that the source of the DNA was the blood found at the scene and rejected that ground of appeal.
Aggravating factors
The appellant had also submitted that the judge’s charge to the jury on the matter of explaining DNA evidence was insufficient. Mr McCarthy said that no “supposed deficiencies” in the charge were ever raised at trial and therefore this was not a matter for the appellate court to adjudicate.
“The Court of Criminal Appeal is concerned only with a review of the trial and the rulings made therein and not with other suggested errors or oversights which may pre-date the trial or have been amenable to remedy in some other manner,” said Mr Justice McCarthy.
Mr Justice McCarthy, sitting with Mr Justice John Edwards and Ms Justice Isobel Kennedy then said the appeal was dismissed.
At Dublin Circuit Criminal Court in February, when sentencing, Judge Patricia Ryan said it was "a very serious assault with three people involved".
Judge Ryan said the aggravating factors were the injuries sustained by the complainant, the effect the assault had on the injured party and that the assault was a "prolonged" one in which the man was bound to a chair.
Judge Ryan sentenced Idrizi to three years and nine months and suspended the final six months for two years. Idrizi had pleaded not guilty to both charges.
Attack in office
At the trial, Garda Stuart Gleeson told Eoghan Cole, SC, prosecuting, that the injured party had gone to the business premises on the day in question hoping to sell a payment system to Idrizi. Both men were known to each other and had done business in the past. Idrizi met the man, but he did not wish to go ahead with the business offer. The injured man left and went to his next appointment.
Gda Gleeson said the man received a call later that day from Idrizi and asked him to return to the business premises under the promise of doing business. The injured man returned, arriving at the premises at 2pm and went into a ground-floor office with Idrizi.
The court heard that another man came into the office and Idrizi accused the victim of defrauding him in the past before punching him in the face. The man said he was in shock and continued to be hit with a closed fist many more times. His hands were held behind his back by the second man.
Gda Gleeson said that the injured man was bound with tape, placed on a chair and had a towel put over his head. The injured man was in and out of consciousness and believed that a third man also came into the office during this time.
When the towel was removed, Idrizi asked him if he was okay to drive and told him “not to contact the gardaí, or he would be killed”. The injured man left and drove home and contacted gardaí, who came to his home. The gardaí took a statement and called an ambulance and the injured man was brought to hospital for fracture and laceration wounds.
The court heard that a search warrant was issued and gardaí searched the GZ Security premises, where blood stains were found on the floor of the office. The accused was also present in the office and was arrested and brought for interview. Idrizi denied all wrongdoing and the assault.
