Patrick Mahony, 50, former director of Boxform Ltd, pleaded guilty to five revenue offences for failing to remit VAT, PRSI and income tax for 2006‑2007. He was initially given a wholly suspended three‑year sentence and a €10,000 fine by Judge Gerald Keys at Ennis Circuit Criminal Court on 25 April 2017. The Director of Public Prosecutions appealed, arguing the sentence was "unduly lenient". In the Court of Appeal, Mr Justice Alan Mahon reviewed the case, noting the fraud was discovered in March 2008 when former employees sought PRSI and found no records. The company's accountant later submitted an amended return, revealing additional liabilities. Total unpaid taxes amounted to €1,224,329, with a loss to Revenue of €2,594,000 including penalties and interest. Mr Justice Mahon re‑sentenced Mahony to 12 months imprisonment, with the remaining two years suspended, and ordered him to report to a Dublin Garda station to begin serving his term.
Noel Kelleher, 64, an auctioneer described as a man of some standing in his community, was found guilty by a jury of six counts of rape, three counts of sexual assault, three counts of oral rape and one count of attempted oral rape of a girl who was aged between 12 and 14 when the attacks took place. The offences occurred at various locations in County Clare between June 1991 and August 1992. Kelleher was also tried for 16 further counts of rape, indecent assault and sexual assault but was found not guilty on those charges. The victim, who waived her right to anonymity, said the abuse had a deep and lasting impact on her life. Ms Justice Isobel Kennedy sentenced Kelleher to nine years, suspended the final 12 months, and ordered that he have no contact with the victim in perpetuity. Kelleher has not admitted guilt or expressed remorse. The case was heard in the Central Criminal Court.
In a Central Criminal Court hearing, a 64‑year‑old auctioneer, Noel Kelleher, was found guilty of six counts of rape, three of sexual assault, three of oral rape and one of attempted oral rape against a victim aged 12 to 14 between June 1991 and August 1992. The jury acquitted him of 16 other counts of rape, indecent assault and sexual assault. The victim, who waived anonymity, described the abuse as beginning when she was 12, involving rape, sexual assault and forced oral sex in two office locations, and ending shortly before her 14th birthday. She recounted attempts to kill herself, post‑natal depression, psychiatric care and repeated suicide attempts. In her victim impact statement she said the shame should be Kelleher's, not hers, and that the abuse had ruined her education, relationships and mental health.
In January 2018, Paddy Harty, a 44‑year‑old convicted burglar, was sentenced to four years imprisonment for a sexual assault committed on 23 April 2015. Harty met the victim in a pub, they drank together, and he later drove her to a secluded area of The Curragh in County Kildare. While she was still wearing a dress, he forced her down, removed her leggings and underwear, and held her down by her arms. The victim escaped, hid in nearby bushes, and later called the gardai, who could not locate her. She testified that the memory of the attack haunted her daily. Harty pleaded guilty at the Central Criminal Court. The sentence is consecutive to a previous four‑year term for theft and fraud offences. He has 168 prior convictions, including 42 thefts, three burglaries and 12 breaches of domestic violence orders, but no prior sexual offences.
In a High Court hearing on 20 December 2017, Clare County Council sought an injunction against Helen and Bernard McDonagh, members of the Irish Traveller Community, who had moved their caravans onto a site on Ashline, Kilrush Road in Ennis. The council claimed the site, earmarked for 40 new social housing units, was a health and safety hazard for the McDonaghs, citing lack of running water and sanitation. The council argued it had no traveller‑specific accommodation to offer and that the site had previously been used for Traveller accommodation but had been vacant after a suspected arson attack. The McDonaghs' lawyer, Niall Buckley, requested time to prepare a sworn statement and noted the council had not terminated a tenancy agreement with one of the McDonaghs. The council had offered the family a private rented four‑bedroom house in Ennis, which the McDonaghs refused, and said it was prepared to offer one of the new social housing units.
David Aminu, a 42‑year‑old Nigerian national, was sentenced to two years' imprisonment by Judge Martin Nolan after pleading guilty to fraudulently claiming €136,449 in social welfare payments over seven years. Aminu used his cousin's name to obtain a PPS number and claim Family Income Support, Jobseekers Allowance, Supplementary Welfare Allowance, and other benefits from 2006 to 2013. In 2015 he wrote a letter to the Department of Social Welfare revealing his true identity and date of birth, an act that prompted the Gardaí to investigate and ultimately detect the fraud. The court noted that Aminu had no prior convictions, had cooperated fully, and had used the funds to support his family rather than for a lavish lifestyle. The judge emphasised the need for deterrence in such difficult‑to‑detect crimes, while acknowledging Aminu's remorse and good family background. The sentence may have long‑term consequences for Aminu, including potential deportation.
A musician found dead in his Sligo home with a knife on his chest and stab wounds to his neck was remembered as a "gentleman who wouldn't hurt a fly" as a murder trial heard evidence at the Central Criminal Court. Martin Kivlehan, aged 59, was discovered at New Apartments on Holborn Street on 3 August 2015. Keith Brady, aged 30, of Cartron Estate, Sligo has pleaded not guilty to murder but guilty to manslaughter in relation to the death. The prosecution's plea was not accepted and the trial proceeded. Gardaí described the scene as ransacked, with burnt tinfoil indicating heroin use nearby. One sergeant characterised the body's position as appearing "staged". Witnesses described Mr Kivlehan as a regular drinker who was well-liked in the community. The trial, heard before Justice Paul McDermott and a jury, continued before the court.
A 25‑year‑old Dublin man, Dean Comerford, was sentenced to one year in jail for providing false information in a passport application. The application, which contained his personal details, was submitted with a photograph that had been spliced to include a different person's image. Comerford had attended Tallaght Garda station in January 2015 to obtain a certification for the application, and the photo was stamped normally. The passport office's fraud department later discovered the splicing. Judge Karen O'Connor found the premeditated nature of the offence aggravating and imposed a two‑and‑a‑half‑year sentence, suspending the final 18 months on strict conditions, including 12 months of probation supervision. The case also involved co‑accused Derek Corr, who received a five‑year sentence with four years suspended, and a GP who was prosecuted for endorsing the identity form without meeting Comerford. The court noted Comerford's history of 14 convictions, including public order and road traffic offences. Dean Comerford pleaded guilty.
Terence Murphy, aged 35, was sentenced to three and a half years in prison for his role in a shooting at a house in Ballyfermot, Dublin. The final eighteen months of the sentence were suspended. Murphy was present when his co‑accused, Daniel Ennis, fired two shots at the house, and he was clearly visible on CCTV footage captured by Gardai. Murphy was arrested shortly after the incident. He pleaded guilty to possession of a firearm in suspicious circumstances on 8 May 2015 and has 26 prior convictions. Ennis received a four‑year sentence for his part in the shooting. Murphy's guilty plea, his time in custody, and the fact that he was not the gun‑bearer were cited as mitigating factors by Judge Melanie Greally, who ordered him to meet with a probation supervisor for the 18 months following his release.
The High Court has dismissed an application by a businessman seeking injunctions to regain control of a golf course property in County Wicklow from a court-appointed receiver. Ms Justice Caroline Costello ruled on Wednesday that the applicant had failed to establish a credible case for trial or demonstrate that financial compensation would be inadequate. The judge found that granting the injunctions would undermine the receivership process. The dispute centres on 126 acres at Coolnaskeagh, Delgany, which form the basis of the golf club business. The defendant fund had appointed a receiver following the applicant's failure to meet a demand for €1.65 million on mortgage arrangements originally entered into with a bank in 2003, 2005, and 2008. The loans were later acquired by the fund in 2015. A property in County Roscommon was among the assets secured against the loans. The case has been adjourned to a date following the Easter recess.
In a 2017 court hearing, Gardaí captured live CCTV footage of a shooting at a house on Oranmore Road, Ballyfermot. The footage showed Terence Murphy, aged 35, standing near the house while his co‑accused, Daniel Ennis, 22, fired two shots. Murphy was arrested minutes later and pleaded guilty to possession of a firearm in suspicious circumstances. He has 20 prior convictions. Ennis received a four‑year sentence for his role. The judge adjourned sentencing to May 22 to allow a probation report. Inspector David Harrington explained that an earlier altercation involving two men and two women had occurred before the shots were fired, and that the women had contacted Gardaí. Murphy was not present during the initial threats. He had been released on bail 13 months earlier and was on a methadone maintenance program.
In a High Court case filed on 19 December 2016, David Mongans, his wife Margaret Lisa Mongans, and their four children—members of the Irish Travelling Community—seek to compel Clare County Council to provide suitable accommodation. The family's former home at Knockaneen was destroyed by fire in 2015, leaving them homeless. Since then they have lived in various temporary locations, including a shed and a caravan on Kilrush Road in Ennis, where they currently reside. The Mongans argue that their present caravan is unsuitable, especially for their young children who have significant health issues, and that the council's failure to provide proper housing breaches their constitutional rights and the Traveller Accommodation Acts. The application was granted ex‑parte by Mr Justice Richard Humphreys, with the case scheduled for a hearing in January.
Gediminas Zigmantas, a 35‑year‑old Lithuanian, had his eight‑year prison sentence for robbing a prostitute at Cork's Metropole Hotel reduced to six years on appeal. He pleaded guilty to false imprisonment and robbery in 2015. The Court of Appeal, led by Justice Garrett Sheehan, found the original eight‑year term "somewhat excessive" compared with similar cases from 2003 to 2013. Zigmantas had previously been convicted of a similar robbery in Ennis, receiving a five‑year sentence with 18 months suspended, which he was serving when the new sentence was imposed. The appeal court noted that Zigmantas showed no remorse and that the victim, Sylvia, was freed after 20 minutes with minimal injuries. The court therefore mitigated the sentence to six years imprisonment.
A 34‑year‑old man from Clare, Raymond Kilmartin, voluntarily surrendered himself to British authorities after being sought on a European Arrest Warrant for allegedly defrauding a Bristol school of about £10,000 while employed as a finance officer in 2013. Kilmartin was arrested in Ennis on 31 October 2016, following a warrant issued by a Circuit judge at Bristol Crown Court on 25 July 2016. In the High Court, his counsel, Mr Conor McKenna BL, confirmed that Kilmartin consented to the surrender. The court noted the charge carries a maximum sentence of seven years' imprisonment. Justice Aileen Donnelly ordered that Kilmartin be handed over to the UK, where he will be taken to Cloverhill Prison and then transferred to the UK for prosecution. The case remains at the extradition stage, with no trial or conviction yet reported.
James McLoughlin, 42, of Summer Street South, was given a suspended three‑year sentence for tampering with ESB and Bord Gais meters between July 2013 and February 2014. He admitted to criminally damaging two Bord Gais meters and an ESB meter, possessing a stolen Bord Gais meter, and interfering with meters at Benbulbin Road, Drimnagh. McLoughlin offered a "cheaper" energy service, claiming to allow free gas flow for €100 and advising a woman to top her meter by €10 a week. Engineers from Bord Gais and ESB described his actions as extremely dangerous, risking electrocution, gas leaks and explosions. He has 42 prior convictions, including traffic and theft offences, and has serious mental health and addiction problems. The judge noted his efforts at rehabilitation and imposed a suspended sentence to avoid detrimental incarceration at this time. James McLoughlin pleaded guilty.
A 34‑year‑old Clare man, Raymond Kilmartin, was brought before the High Court in Dublin after the UK requested his extradition on fraud charges. The UK alleges he defrauded a Bristol school of about £10,000 while working as a finance officer in 2013. Kilmartin was arrested in Ennis under a European Arrest Warrant and accepted the extradition request. Justice Aileen Donnelly, after informing him of his rights, ordered his remand in custody until 14 November.
A 23‑year‑old man, Jordan Cunningham, was sentenced to six and a half years' imprisonment for a series of robberies committed while on bail. He pleaded guilty to burglary at Event Fuel (July 19 2015), robbery at Tuttys corner shop and South Circular Pharmacy, attempted robbery at Cahills Pharmacy (July 22 2015), and robbery at Ladbrookes (October 22 2015). In each offence he used knives or a broken bottle to threaten staff and demanded money. Cunningham was released on bail for the burglary and later on high‑court bail to attend drug treatment, yet he continued to commit offences to repay drug debts. The judge noted his long‑standing drug addiction and the escalation of violence he was willing to use. Consecutive sentences totalling six and a half years were imposed, with the final year suspended. The court highlighted Cunningham's admissions, apologies and progress in rehabilitation courses while in custody.
In June 2016 a 16‑year‑old Dublin teenager was sentenced to four‑and‑a‑half years' detention for a series of robberies in which he threatened four women with a large knife. He pleaded guilty to false imprisonment and four robbery charges in the Tallaght area. The court noted that the teenager had 29 prior convictions but this was his first violent offence. He admitted to using a knife and drugs to feel brave enough to commit the robberies. Judge Martin Nolan suspended the final two years of the sentence on the condition that the teenager engage with the Probation Service for two years after release and take every educational opportunity while in custody. The case was prosecuted by Fiona Murphy BL and defended by Cathal McGreal BL, who highlighted the defendant's borderline intellectual disability and history of abuse. The incidents involved threatening victims, demanding cash, and stealing phones and bank cards.
Neil Kelly, 41, pleaded guilty to criminal damage for setting fire to Garda Áine Troy's car at Scarriff Garda Station on 19 March 2013. He received a wholly suspended three‑year sentence from Judge Gerard Keyes on 1 May 2015. The Court of Appeal rejected the Director of Public Prosecutions' appeal that the sentence was "unduly lenient". Judge Garrett Sheehan noted the case was "borderline" but the suspended sentence fell within the margin of appreciation. He described how Kelly intervened to stop his co‑accused from abusing Garda Troy, who had seized a vehicle for lacking insurance. Kelly paid €6,000 compensation and expressed remorse. The court found the offence an attack on the rule of law, yet mitigation factors justified the suspended sentence. The appeal was dismissed.
A 41‑year‑old Declan O'Cualain was found not guilty by reason of insanity for strangling his brother Adrian Folan with a bungee cord on 4 July 2014. O'Cualain, who lived in An Caoran Beag, An Cheathru Rua, Co Galway, was charged with murder after the body was discovered concealed under rocks near the Cliffs of Moher, Co Clare. He pleaded not guilty by reason of insanity, and after 21 minutes of deliberation a jury of nine men and three women returned that verdict. The judge, Justice Margaret Heneghan, exempted the jury from further service for 15 years and ordered O'Cualain to be committed to the Central Mental Hospital. The court heard forensic psychiatrists confirmed he was in an acute manic psychosis state, unable to appreciate the nature of his actions. The case was heard at the Central Criminal Court on 22 April 2016.
A 41‑year‑old Galway man, Declan O'Cualain, was charged with murdering his brother Adrian Folan. The prosecution alleged that O'Cualain strangled Folan with a bungee cord, then disposed of the body in a water‑filled pit near the Cliffs of Moher, covering it with rocks. He confessed to the act to a friend and to Gardaí, and was arrested at his home on 7 July 2014. Gardaí found the body, which was later identified at Limerick University Hospital, and evidence of a burnt knife fragment and bungee cords was recovered. O'Cualain pleaded not guilty on the grounds of insanity, claiming he was in an "utterly delusional" state and believed his brother was a paedophile. The trial is ongoing.
Robert Jones, a 26-year-old bank worker from Tallaght, Dublin, received a suspended sentence of 18 months at Dublin Circuit Criminal Court for assault causing harm. Jones pleaded guilty to the charge, which carries a maximum penalty of five years, after the Director of Public Prosecutions agreed to withdraw a more serious charge of assault causing serious harm, which carried a maximum penalty of life imprisonment. A nolle prosequi was entered on the withdrawn charge. The incident occurred on July 20, 2014, at Palace night-club, Camden Street, where Jones allegedly struck victim Brian Murphy with a pint glass, leaving the medical student blind in one eye. Judge John Aylmer noted that while he made no determination on provocation, he was legally bound to give Jones the benefit of the doubt regarding witness accounts of provocation. The judge cited Jones' impeccable character, the spontaneous nature of the act, and the fact that a custodial sentence would destroy Jones' career prospects, thereby affecting the victim's ability to seek civil compensation. Jones brought €8,000 to court as a token of remorse. The court heard that Jones had previously faced trial on the more serious offence before pleading guilty to the lesser charge.
In 2015, approximately 350 people were serving life sentences in Irish prisons, with life terms averaging around 18 years. However, a select number of prisoners have served substantially longer. John Shaw and Geoffrey Evans, convicted in 1978 of abducting, raping and murdering two women in 1976 and 1977, received life sentences. Evans died in 2012 after 34 years in custody. Shaw remains imprisoned after nearly 38 years. Jimmy Ennis, now aged 84, is Ireland's longest-serving prisoner, having been incarcerated over five decades for a 1964 murder in County Cork. Noel Callan from Castleblayney, County Monaghan, and Michael McHugh were sentenced to death in 1985 for the killing of Sergeant Patrick Morrissey near Tallanstown, County Louth. Their sentences were commuted to 40 years imprisonment and both were released in 2015 after 30 years. Colm O'Shea and Patrick McCann received death sentences in 1980 for murdering two gardaí during a bank robbery in Ballaghedereen, County Roscommon, later commuted to 40 years. Both were released in 2013 after serving 33 years.
James McLoughlin, 42, of Summer Street South, pleaded guilty in Dublin Circuit Criminal Court to tampering with two Bord Gais gas meters and an ESB electricity meter between July 2013 and February 2014, and to possessing a stolen Bord Gais meter. He also admitted interfering with a Bord Gais meter on Benbulbin Road between March and May 2013. McLoughlin offered householders a "cheaper" energy service by allowing free gas flow, charging €100 for the service and advising a weekly €10 top‑up. Gardaí observed him visiting houses, obtained a search warrant, and found stolen meters and a drilled electricity meter. He exercised his right to silence at arrest. The case was adjourned for a probation and community service report, with the judge noting his mental health and addiction issues.
Joe Heffernan, a 35‑year‑old farmer from Cappagh Beg, Barefield, Ennis, was convicted of murdering 21‑year‑old student Eoin Ryan in 2011 and sentenced to life imprisonment by Mr Justice Patrick McCarthy on 3 July 2013. The murder was discovered when Ryan's body was found in a barrel on Heffernan's farm on 7 June 2011. During the trial, two 999 calls were played to the jury, with transcripts provided. Heffernan had pleaded not guilty and later appealed, arguing that the prosecution should have proved he was not suffering from a mental disorder and did not have diminished responsibility. Mr Justice John Edwards, sitting with Mr Justice Seán Ryan and Mr Justice Garrett Sheehan, dismissed the appeal, holding that the burden of proof for the partial defence of diminished responsibility lies with the defence and is the same as for the insanity defence, i.e., proof on the balance of probabilities.
Daniel Ennis, aged 20, was sentenced to six years in prison after a series of violent incidents in Ballyfermot, Dublin. In January 2014 he threatened to kill or seriously harm Garda Ryan and Garda Doyle when they searched his back garden for a stolen postbag and bike. He also threatened to kill or seriously harm Linda Carrie and Lena Tims, to damage property, and was found in possession of a firearm on 8 May 2015. Ennis threw a small dog, a paving slab and a bike at four Gardaí, threatened to ram a patrol car, and shouted from an upstairs window that he was armed with a knife. Over a year later, while on bail, he fired shots at a house on Oranmore Road, where a woman was sleeping after being released from hospital, after threatening to blow the occupants' heads off and to burn the house down. Daniel Ennis pleaded guilty.
In a Dublin Circuit Criminal Court hearing, Daniel Ennis, aged 20, pleaded guilty to threatening to kill or cause serious harm to Garda Linda Ryan and Garda Michelle Doyle during a search of his back garden for a stolen postbag. He also pleaded guilty to threatening to kill or cause serious harm to Ms. Carrie and Ms. Tims, threatening to damage property, and possession of a firearm on Oranmore Road. Ennis had previously fired shots at a house on Oranmore Road, where a woman was sleeping, and had threatened the occupants. He had also thrown a small dog and a paving slab at four gardaí who were searching his garden, and had tried to throw a bike and threatened them with a shovel. The judge remanded Ennis in continuing custody until sentencing. No injuries were reported. The case involved no further convictions or outcomes beyond the guilty pleas.
The Court of Appeal refused to review a fully suspended four‑year prison sentence that had been imposed on a 40‑year‑old woman for the "most serious" neglect of five girls and two boys over a ten‑year period from March 2001 to July 2010. The woman had pleaded guilty at Ennis Circuit Criminal Court and was given a sentence suspended in full for seven years by Mr Justice Carroll Moran on 25 February 2013. The Director of Public Prosecutions applied for a review on the ground that the sentence was "unduly lenient", but Mr Justice Seán Ryan, President of the Court of Appeal, rejected the application. He noted that the case involved a "catalogue of abuse" and "very serious crimes", and that the woman had shown rehabilitative efforts, including attending Alcoholics Anonymous and engaging with the probation service.
Patrick Barry, an 81‑year‑old former primary school principal from Kilkee, was convicted of indecent assault on 11 female pupils between 1964 and 1985. He was found guilty on 59 of 67 charges and sentenced to 11 years' imprisonment, with five years suspended. On appeal, the Court of Appeal reduced the sentence to two years, suspending the final three years of the five‑year portion. Barry must post a €1,000 bond and keep the peace during the suspended period. His release date is set for 20 May 2019. The appeal was based on the trial judge's error in setting the initial sentence and on Barry's advanced age, health problems and community contribution. The appeal against conviction was dismissed. The case involved allegations of indecent touching and forced positions in the classroom, with most incidents occurring in front of other pupils. The court noted that the offences were committed in a small community where everyone knew each other. Patrick Barry pleaded not guilty.
Patrick Anderson, a 47‑year‑old former drug addict, received a suspended five‑year jail sentence for a series of robberies committed in 2009. He was first on bail for an armed robbery at a Spar shop when he threatened hairdresser staff, then robbed €1,817 from a hairdressers in Coolock on the last Saturday before Christmas. CCTV identified him and Gardaí questioned him three days later. The next day he hijacked a car, threatening the owner with a screwdriver, drove dangerously and crashed into a tree, leading to his arrest. In 2011 Anderson pleaded guilty to robbery of €300 cash and €399.60 in cigarettes from a Spar shop in Raheny, robbery of the hairdressers, and taking a Nissan car by force from Joe Ennis in Portmarnock. He had prior convictions for robbery and drink driving.
An 81‑year‑old former primary school principal, Patrick Barry of Kilkee, has appealed his 11‑year prison sentence for indecent assault of 11 female pupils at Moyasta National School between 1964 and 1985. He pleaded not guilty to 67 charges but was found guilty on 59 counts by a jury; the trial judge, Gerald Keyes, directed not guilty on eight counts. Barry's sentence, imposed at Ennis Circuit Criminal Court on 19 November 2014, was 11 years with the final five suspended. The Court of Appeal dismissed his appeal against conviction, ruling it could not hold on any of his 12 grounds of appeal. Barry's appeal against sentence was reserved, with a decision expected on 15 May. The case involved allegations of indecent touching and forced positions in the classroom, with victims present. The court noted the seriousness of the offences and Barry's position of trust. The appeal was heard by Justices Garrett Sheehan, Alan Mahon and George Birmingham.
Patrick Barry, 80, former principal of Moyasta National School in west Clare, was convicted of indecent assault on 11 female pupils between 1964 and 1985. He pleaded not guilty to 67 charges but was found guilty on 59 counts by a jury, with the remaining eight dismissed by Judge Gerald Keyes. Barry received an 11‑year prison sentence, of which the final five years were suspended. On 20 April 2015, the Court of Appeal dismissed his appeal against conviction. Justice Garrett Sheehan, sitting with Justices George Birmingham and Alan Mahon, ruled that Barry's 12 grounds of appeal were unsubstantiated. The appeal was rejected, leaving the original conviction and sentence in place. The case highlighted allegations that Barry had physically abused pupils in class, including touching them indecently and forcing them to touch his genital area.
A 22‑year‑old Clare man, Joseph Lernihan, pleaded guilty to two robberies of a 68‑year‑old pensioner, Michael McMahon, in February 2012. The first robbery saw McMahon hand over €4,000 through broken windows; the second robbery involved a pipe‑like object used as a gun threat and the theft of €3,000. McMahon, terrified, cycled 30 miles to a nursing home in Ennis and never returned to his home. Lernihan was initially sentenced by Judge Carroll Moran to a wholly suspended three‑year term, €3,780 compensation and forfeiture of a Volkswagen Passat bought with the proceeds. The Court of Appeal agreed the sentence was unduly lenient but, citing Lernihan's progress, imposed no prison term, instead ordering 240 hours of community service in lieu of a 12‑month sentence, a suspended 24‑month period, and a €100 bond for good behaviour over the three‑year suspended term.
Joe Heffernan, a 35‑year‑old farmer from Cappagh Beg, was convicted of murdering 21‑year‑old student Eoin Ryan in 2011 and sentenced to life imprisonment by Mr Justice Patrick McCarthy in 2013. Heffernan now appeals, arguing that the prosecution should have proved he did not suffer from diminished responsibility at the time of the offence. His counsel, Padraig Dwyer SC, contended that the burden of proof for the absence of a mental disorder lies with the prosecution, citing the Criminal Law Insanity Act 2006. Dwyer argued that the defence must obtain a direction from the judge that mental issues are present, after which the prosecution must prove beyond a reasonable doubt that the accused was not mentally disordered. The Director of Public Prosecutions, Bernard Condon SC, maintained that the statute places the burden on the defence. The Court of Appeal will reserve its decision. Joe Heffernan pleaded not guilty.
In March 2015 the Court of Appeal overturned a wholly suspended three‑year sentence given to Alan Kilmartin, a security guard, for an unprovoked assault on a woman in her Ennis home. Kilmartin had pleaded guilty to assault causing harm on 2 March 2012 and received a wholly suspended sentence in November 2013, suspended for five years. The Director of Public Prosecutions argued the sentence was unduly lenient. Justice Seán Ryan, with Justices John Edwards and Michael Peart, found that while mitigating factors existed, they did not negate the seriousness of the crime. He ordered Kilmartin to serve a two‑year prison term, with the suspended portion remaining. The victim, who wished to remain anonymous, suffered head injuries, fractures and psychological harm. The court also returned a €3,000 compensation offer to Kilmartin.
Joseph Lernihan, aged 22, pleaded guilty to two robberies of 68‑year‑old Michael McMahon in February 2012. The first robbery involved breaking windows and taking €4,000; the second involved a fake gun and taking €3,000. McMahon fled to a nursing home 30 miles away. Lernihan was sentenced on 3 March 2014 to a fully suspended three‑year term, ordered to pay €3,780 compensation and to forfeit a Volkswagen Passat bought with the proceeds. The Director of Public Prosecution appealed, arguing the sentence was too lenient. The Court of Appeal found the trial judge erred and sent the case back to assess suitability for community service. The case remains at the stage of determining whether Lernihan will serve community service rather than prison.
In 2015 the Court of Appeal upheld the conviction of a 47‑year‑old man from County Clare who had been found guilty of sexually assaulting his wife's teenage niece in 2007. The appeal judge, Mr Justice George Birmingham, confirmed that the evidence showed the niece was babysitting in the man's home on both occasions. In the first incident she was helping him look for his phone when he kissed her, put his hand in her underwear and performed a digital penetration. The second incident involved him grabbing her while she retrieved a TV remote, again putting his hand in her underwear and digitally penetrating her. The appeal court dismissed the appeal, rejected fresh evidence, and upheld the 18‑month sentence, noting the man had 13 weeks remaining to serve and that part of his sentence was suspended for six months on condition of good behaviour and a €100 bond.
In March 2015 the Court of Appeal ruled that the wholly suspended three‑year sentence imposed on security guard Alan Kilmartin for an unprovoked assault on a woman in her Ennis home was unduly lenient. Kilmartin, 35, had pleaded guilty to assault causing harm on 2 March 2012 and had been given a wholly suspended sentence by Judge Carroll Moran on 25 November 2013, suspended for five years on conditions. The Court of Appeal, led by Mr Justice Seán Ryan, found that the sentence did not reflect the seriousness of the attack, which involved Kilmartin striking the victim's head with a metal implement, causing head injuries, fractures to her fingers and thumb, and psychological trauma. The court adjourned sentencing to 23 March 2016, where a new sentence would be imposed. The decision was based on the Court's view that a wholly suspended sentence was inappropriate for the gravity of the offence.
Rafal Chylinski, 32, of Ennis, Co Clare, received a three-year suspended sentence at Dublin Circuit Criminal Court after pleading guilty to possession of cannabis and having the drug for sale or supply. The offence occurred on August 22, 2013, at Kylemore Road, Ballyfermot. Prosecution evidence indicated Chylinski was part of a larger operation involving co-accused David Gill, 38, of Leopardstown Road, who was jailed for seven years last year after pleading guilty to possessing €600,000 worth of drugs at three Dublin locations on the same date. Chylinski admitted he was paid €200 to collect and hold the drugs for a few days. Gardaí intercepted him in a Bluebell industrial estate car park after he received a black plastic bag from Gill. The bag contained €19,996 worth of cannabis, and a further €10,000 worth was found at his father's house in Castle Curragh Vale, which Chylinski admitted owning. He exonerated his father and another man present in the vehicle. Defence counsel highlighted Chylinski's financial pressure due to an injury and lack of wealth. Judge Mary Ellen Ring noted Chylinski's immaturity and that he was not profiting from the drugs, resulting in the suspended sentence.
Patrick Barry, an 80‑year‑old former primary school principal from Kilkee, appealed his conviction for indecent assaulting 11 women who were pupils at Moyasta National School between 1964 and 1985. He had pleaded not guilty to 67 charges but was found guilty on 59 counts and not guilty on eight by Judge Gerald Keyes. Barry received an 11‑year sentence, with the final five years suspended. In the Court of Appeal, Barry's counsel, Roderick O'Hanlon SC, argued that the indictment lacked proper particulars, which he claimed materially affected Barry's defence and cross‑examination rights. He contended that the prosecution's failure to detail interviews with Gardaí and the delay in proceedings prejudiced Barry. The appeal was heard on 23 February 2015, with the court reserving judgment for 23 March. Barry was assisted by his sisters during the hearing and was noted to have poor health and impaired hearing.
The Court of Appeal has reserved judgment on a case involving a 47‑year‑old Clare man convicted of sexually assaulting a teenage female relative between 1 and 31 January 2007. He pleaded not guilty to two counts and was found guilty by a jury at Ennis Circuit Criminal Court, receiving an 18‑month sentence on 13 July 2012. His barrister, Giollaíosa Ó Lideadha SC, argued that psychiatric evidence presented by a psychiatrist—who claimed the complainant had been sexually abused and suffered—was opinion evidence, unjustified and inadmissible. He contended that the psychiatrist's remarks effectively asserted the allegations were true, thereby influencing the jury. Ó Lideadha also alleged the trial judge failed to give a corroboration warning and that the psychiatrist's testimony was used as proof rather than corroboration. The Court of Appeal will decide on 10 March, having rejected fresh evidence of a conversation between the complainant and the accused's wife. The case remains pending.
In February 2015 the Court of Appeal ordered the return of 71‑year‑old former hurling coach James Maher to prison after finding his original two‑year sentence for indecently assaulting two boys between 1982 and 1985 too lenient. Maher had pleaded guilty to 18 counts and received a concurrent two‑year term on each count in 2013. The Director of Public Prosecutions appealed, arguing the sentence was unduly light. The Court of Appeal agreed, increasing the sentence by one year and ruling that the maximum penalty for indecent assault on a male in the 1980s was two years, not ten as the DPP had suggested. The court noted that the 1981 legislative change had equalised the maximum penalty for males and females, and that a 2007 judgment had limited the penalty for males to that for females. The decision was delivered by Mr Justice Seán Ryan, with Mr Justice Garrett Sheehan and Mr Justice John Edwards.
In a High Court ruling, Justice Mary Faherty held that Ms Randa Murphy's claim against DePuy International Ltd. for alleged injuries from a faulty hip replacement required prior authorisation from the Personal Assessment Injuries Board (PIAB). The judge noted that Murphy's claim centred on the manufacture and supply of the implant, not on medical negligence or a health‑service provision, and therefore fell under the PIAB's jurisdiction. DePuy argued that because it was not a health‑service provider, no authorisation was needed, but the court rejected this. The decision means up to 50 cases lacking PIAB authorisation may be barred. Murphy, from Ennis, had already obtained authorisation in parallel proceedings, and the matter was adjourned for parties to consider the ruling. The ruling may affect other Irish cases involving DePuy's recalled hip‑replacement systems.
Con Desmond, a former priest and school principal aged 79, was convicted of 13 counts of indecent assault on a boy at St Stephen's De La Salle National School in Waterford between 1978 and June 1980. He pleaded not guilty but a jury found him guilty and Judge Donagh McDonagh sentenced him to two years' imprisonment on each count, to run concurrently, on 19 February 2013. Desmond appealed on grounds of delay and conflicting evidence, but the Court of Appeal rejected the appeal. The court noted the first incident occurred in January 1978 when the boy, aged eight, was wet from cycling to school and was taken to Desmond's office by Brother Aengus. Desmond sexually abused the boy then, and the victim reported similar abuse on subsequent Saturdays. The appeal was dismissed after the court considered the evidence, the delay, and the absence of Brother Aengus, who had died years earlier.
James Maher, 71, of Clonroad Beg, Ennis, was convicted of 18 counts of indecent assault on two boys between 1982 and 1985. He pleaded guilty and was sentenced on 14 January 2013 to two years imprisonment on each count, with the sentences running concurrently, by Judge Carroll Moran at Ennis Circuit Criminal Court. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient and that Judge Moran was misinformed about the maximum penalty, which counsel said could have been up to ten years per count. The appeal contends that the concurrent sentences were incorrect and that the judge's sentencing scale was wrong. The Court of Appeal will decide on 10 February whether to increase Maher's sentence. The case highlights the legislative history of indecent assault penalties and the 2007 clarification that the maximum for a male victim cannot exceed that for a female victim. The appeal is pending.
Patrick Barry, 80, former principal of Moyasta National School, was denied bail while appealing his conviction for indecent assault. Barry faced 67 charges for assaulting 11 pupils between 1964 and 1985. A jury found him guilty on 59 counts; he was acquitted on eight. Judge Gerald Keyes sentenced him to 11 years, suspending the last five. The Court of Appeal, led by Mr Justice Seán Ryan, declined bail, noting no new legal point was raised, but set an appeal hearing for February 23. Barry was ordered to be identified on the foot of victim requests, which the victims declined. Patrick Barry pleaded not guilty.
Derek Floyd, 36, of Tulla, Co Clare, was found guilty of 15 counts of filing incorrect VAT returns and 12 counts of claiming VAT remits to which he was not entitled between 2001 and 2003, and of handling stolen goods. He was originally sentenced to six years imprisonment with the final year suspended, and separately to three years imprisonment for handling stolen goods, with eight months suspended. On appeal, the Court of Appeal reduced his overall sentence to five years imprisonment with one year suspended, and a consecutive term of three years with eight months suspended. The Court found errors in the original sentencing, noting that the judge had misapplied the appropriate sentence and had incorrectly considered the suspended portion. The appeal was upheld by Mr Justice George Birmingham, who substituted the original sentences with the reduced terms. The case involved fraudulently claiming €683,000 in VAT returns and handling €45,000 worth of stolen silage wrap.
Simon Gentles, aged 29, pleaded guilty to aggravated burglary at a home in Sixmilebridge, Co Clare, on 7 January 2010. He was originally sentenced to four years imprisonment by Judge Carroll Moran at Ennis Circuit Criminal Court on 6 February 2012. On appeal, the Court of Appeal, following an application by the Director of Public Prosecutions, increased his sentence to ten years imprisonment, with the final four years suspended. Mr Justice Alan Mahon noted that Gentles forcefully burst into the home of Ms Fitzpatrick, wearing a balaclava and carrying a sawn‑off shotgun that was loaded. He threatened to shoot Ms Fitzpatrick's head and pointed the gun at her 15‑year‑old son. The judge highlighted the violent and threatening nature of the offence and the use of a loaded firearm, and considered Gentles' prior convictions and prison courses when determining the suspended portion. Gentles will serve the new sentence of ten years imprisonment, with the final four years suspended.
The High Court will decide early next week on a preliminary application that could affect many cases against DePuy International Ltd, a Johnson & Johnson subsidiary, over allegedly defective hip replacements. The case involves Ms Randa Murphy from Ennis, who has brought a claim for damages after receiving a DePuy ASR resurfacing hip implant in 2005 and subsequent surgery in 2010. DePuy's lawyers argue that Murphy failed to obtain a Personal Injuries Assessment Board (PIAB) certification before filing her claim, and therefore the action cannot proceed as a medical negligence claim because DePuy is a manufacturer, not a health service provider. Murphy's counsel rejects this requirement and seeks to have the issue heard separately. The judge will consider the matter and give a decision next week.
Michael Maughan, 40, was found guilty of murder and assault in Ennis, County Clare, after stabbing Piotr Nowakowski, 31, twice and striking him again in the head. The jury, after a two‑hour and 23‑minute trial, returned a unanimous verdict. Mr. Maughan had pleaded not guilty to both charges, but the prosecution rejected his manslaughter plea. Mr. Maughan, who had a history of alcohol‑related offences, claimed he was out of control and had no memory of the motive. Mr. Nowakowski was a Polish immigrant who had come to Ireland for a better life. Mr. Maughan was sentenced to mandatory life imprisonment for the murder, concurrent with a four‑year sentence for the assault, both back‑dated to 24 July 2013 for time already spent in custody. The court heard that Mr. Maughan had 68 prior convictions dating back to 1991, including public order, burglary and theft.