Court appeal over Maghera armed robbery which left teen with serious head injuries

Identification evidence was wrongly dealt with at the trial of a man jailed for an iron bar and pistol-butt attack on a family in their home in Lavey in 2012, the Court of Appeal heard on Tuesday.
By The Newsroom
Published 15th Jan 2015, 11:50 BST
Michael Mongan (21) at Derry Court on Monday where he was charged in connection with an armed robbery attack at a family home close to Maghera Co-Derry last Tuesday night. Two armed men entered the house and attacked 16 years old Philip Convery, leaving him with critical injuries. The boys grandmother and uncle were also injured. Picture Margaret McLaughlin © *CHECK COURT COPY*Michael Mongan (21) at Derry Court on Monday where he was charged in connection with an armed robbery attack at a family home close to Maghera Co-Derry last Tuesday night. Two armed men entered the house and attacked 16 years old Philip Convery, leaving him with critical injuries. The boys grandmother and uncle were also injured. Picture Margaret McLaughlin © *CHECK COURT COPY*
Michael Mongan (21) at Derry Court on Monday where he was charged in connection with an armed robbery attack at a family home close to Maghera Co-Derry last Tuesday night. Two armed men entered the house and attacked 16 years old Philip Convery, leaving him with critical injuries. The boys grandmother and uncle were also injured. Picture Margaret McLaughlin © *CHECK COURT COPY*

Lawyers for Michael Mongan claimed there were flaws after a pensioner and her teenage grandson both picked him out as having battered them during a botched robbery.

Mongan, 24, is serving a 14-year prison sentence for assaults on Theresa Convery, Philip Convery - then aged 16 - and her bank manager son Martin Convery.

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A jury at Derry Crown Court also found him guilty by a majority verdict of attempting to steal £10,000 and with driving while disqualified and without insurance.

The victims were attacked at their home on the Mayogall Road, in June 2012.

Two men had burst in armed with a gun and iron bar shouting: “Give us the money”.

According to the barrister Theresa Convery provided no details of Mongan’s facial features in her description of the man who beat her.

He insisted: “This was no fleeting glance case.

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“This lady clearly could have got a very good view of this person who was unmasked.

“But in this case she did not identify accept in a qualified nature.”

Following submissions judgment was reserved in the appeal.

Related topics:LawyersMaghera