The Court of Appeal has heard an appeal by the Director of Public Prosecutions regarding the sentencing of a 22-year-old man who pleaded guilty to sexually assaulting a 14-year-old girl. The appellant admitted to the offence, contrary to Section 2 of the Criminal Law (Rape) (Amended) Act 1990, at the District Court, Midleton, Co Cork, in December 2020. He also admitted to asking the victim to touch him and contacting a child for sexual exploitation. In February this year, Judge Seán Ó Donnabháin at Cork Circuit Criminal Court imposed a two-year suspended sentence. The DPP argues this entirely suspended sentence was unduly lenient and not in accordance with principle, citing the appellant's prior flight to England to evade prosecution and his knowledge of the victim's age as aggravating factors. Defence counsel Elizabeth O'Connell SC contended that the appellant, who had no previous convictions, pleaded guilty at the earliest opportunity, spent a month in custody, and is now in full-time employment. She argued the onus was on the DPP to demonstrate a substantial departure from sentencing norms. The Court of Appeal has reserved its judgement on the appeal.
The High Court heard that several challenges to new personal injury guidelines are creating real difficulties in processing claims. The challenges, aimed at setting aside guidelines adopted by the judicial council in March 2021, are opposed by the State and the Personal Injuries Assessment Board (PIAB). The lead case, brought by Ms Bridget Delaney, was deemed the first to be heard. Eoin McCullough SC for the State argued that the challenges affect thousands of claims and called for an early trial date. Douglas Clarke SC for PIAB supported the State's request, while Feichin McDonagh SC for Ms Delaney said a date would be premature given outstanding pre‑trial matters. Justice Charles Meenan noted a mismatch between judges and workload, adjourned the cases to January, and directed an exchange of pleadings to expedite matters. Ms Delaney seeks to quash PIAB's assessment and the judicial council's adoption of the guidelines, alleging procedural and constitutional violations.
A man named Gavin Craven, aged 47, was sentenced to four years' imprisonment with the final year suspended after attacking Fergal Quinn with a poker while claiming to be in the IRA. The assault took place at Quinn's home in Liffey Place, Cork City, on 1 August 2020, following a dispute over a parking space. Craven pleaded guilty to assault causing harm. The Court of Appeal found that the trial judge had erred in setting a five‑year headline sentence and had applied an inappropriate 20% discount. The appeal court reduced the headline to five years, then applied a 25% discount for the guilty plea, suspended 21 months, and left a custodial term of two years and three months to be served. The case was heard at Cork Circuit Criminal Court and the appeal was heard by Mr Justice Birmingham.
A 32‑year‑old man was convicted by a Central Criminal Court jury of repeatedly beating, raping and abusing his 12‑year‑old step‑daughter. He had previously served a ten‑year sentence in Eastern Europe for killing a former girlfriend. The jury found him guilty on one assault‑causing‑harm charge, six child‑cruelty charges, three sexual‑assault charges and two rape charges covering incidents from September 2019 to May 2020. Justice Deirdre Murphy imposed a 15‑year sentence, suspending the final two years on the condition that the defendant engage in anger‑management therapy, avoid all contact with the victim, comply with probation directions and maintain good behaviour. The court noted the defendant's willingness to undertake these conditions and that breach would constitute contempt of court. The suspended period is contingent on the defendant's adherence to the therapeutic and protective orders set by the court.
A 28‑year‑old European karate champion, Bagrat Kudzievi, was sentenced to six years in prison for two counts of sexual assault against 18‑year‑old Rachel McElroy on the night of 19 October 2019 in Cork city centre. The assaults took place outside a nightclub on a busy street. McElroy, who had consumed a small amount of alcohol, was taken by Kudzievi to a secluded location where he lifted and carried her across a bridge. CCTV footage captured the incident, and security staff intervened, arresting him. Kudzievi denied the charges and later claimed the activity was consensual. McElroy's victim impact statement described the attacks as degrading and left her feeling empty, disgusted and lacking confidence. The judge, Justice Tara Burns, noted the aggravating factors of the assault's public nature, the victim's intoxication and the degrading behaviour. Bagrat Kudzievi was convicted.
In the murder trial of Damien Singleton, a 31‑year‑old homeless man, the judge instructed the jury to focus on the question of intent. Singleton pleaded not guilty to murder but guilty to manslaughter of Peter Donnelly, a 39‑year‑old homeless man from Kilkenny, who was stabbed twice on O'Connell Street on 11 June 2019. The defence argued that Singleton's mind was "polluted" by alcohol and drugs, preventing him from forming intent to kill. The prosecution countered that intoxication is not a defence unless it renders the defendant incapable of understanding his actions or their consequences. The judge emphasized that the jury must decide whether Singleton intended to kill or cause serious harm, and that any doubt about his capacity to form intent would lead to a manslaughter verdict, otherwise a murder verdict.
In February, Christopher Jones, aged 28, was jailed for aggravated burglary and impersonating a Garda after pleading guilty to several house break‑ins in Cork during the first Covid lockdown. Judge Seán Ó Donnabháin sentenced him to five years with 12 months suspended on each count, terms running concurrently. The DPP appealed, arguing the sentence was unduly lenient. The Court of Appeal, presided over by Mr Justice John Edwards, agreed and found the original five‑year term for the burglary at an elderly woman's home "substantially out of the norm". Edwards quashed the five‑year term and imposed a seven‑year headline sentence, later reduced to six years with the last 12 months suspended. The judge noted the burglar had a baseball bat and that the break‑ins were planned, not opportunistic. Jones's defence argued he lived in a slum and was addressing drug addiction while in custody.
Douglas Glynn (37) of Fitzgibbon Court, Dublin 1, changed his plea to guilty at the Special Criminal Court, admitting to participating in the activities of a criminal organisation between December 7, 2016, and April 6, 2017. The charge alleged he placed a tracker device on James Gately's car in Belfast to facilitate a murder plot. Glynn had previously pleaded not guilty. Presiding judge Mr Justice Tony Hunt adjourned the case to January 14, 2022, for a sentence hearing; the matter was adjourned and not concluded. Glynn is the fifth person convicted in cases relating to the failed bid to murder Gately. Peter Keating (40) was jailed for 11 years after pleading guilty to directing a criminal organisation targeting Gately. Stephen Fowler (62) and David Duffy (33) were jailed for providing logistical support. Imre Arakas (63) was jailed for six years in December 2018 after admitting to conspiring to murder Gately. Caolan Smyth (30) was sentenced to 20 years for the attempted murder of Gately and possession of a firearm with intent to endanger life. Gary McAreavey (53) pleaded not guilty to impeding a prosecution and received a four-year jail term with the final year suspended.
In a High Court decision on 16 November 2021, Mr Justice Mark Sanfey refused to approve a Personal Insolvency Arrangement (PIA) for Mr Daniel Drew, a single businessman in his mid‑forties who operates a petrol and convenience store in Turner's Cross, Cork. The judge held that the court had no jurisdiction to consider the PIA, which had been rejected by Mr Drew's creditors in 2019. Mr Drew's debts exceeded €3 million, and the proposed PIA would have lasted six months, allowing him to retain a Rosegreen, Cashel property and pay creditors a €42,000 lump sum. The judge found no evidence that Mr Drew resided at the Rosegreen house at the time of the proposal, contrary to his sworn statement, and dismissed the PIP's application to confirm the arrangement. The decision noted the PIP's attempt to vary the PIA to 72 months and include rent payments, but the court declined to approve the proposal.
In the Dublin trial of Damien Singleton, a 30‑year‑old man of no fixed abode originally from Cork, the prosecution presented a case that the killing of 39‑year‑old Peter Donnelly on O'Connell Street was "murder pure and simple." Singleton pleaded not guilty to murder but guilty to manslaughter. The prosecution described the two men as friends who had spent three nights together. On the night of the killing, Donnelly had returned to Dublin from Kilkenny and was "hanging around" the area. Garda Nicola Torsney had a 30‑minute conversation with Singleton earlier that night. CCTV footage later showed Singleton grabbing Donnelly, stabbing him three times, striking him with a bottle, and then fleeing. Blood droplets and a recovered knife were presented as evidence. The trial, presided over by Ms Justice Deirdre Murphy, is expected to last eight days.
A jury of six women and six men was sworn in on 15 November 2021 to try Damien Singleton, 31, for the murder of 39‑year‑old Peter Donnelly on Dublin's O'Connell Street Upper West on 11 June 2019. Singleton, who has no fixed abode and is originally from Cork, pleaded not guilty to murder and guilty to manslaughter. He appeared in the Central Criminal Court in Dublin wearing a black button‑down shirt, black jeans and black and orange trainers. The trial will open before Ms Justice Deirdre Murphy at 11.30am tomorrow at the Criminal Courts of Justice.
Michael O'Regan, 43, pleaded guilty to sexual exploitation of a 14‑year‑old girl with Down's syndrome, asking her to send pictures of her breasts. He was sentenced to seven months in prison at Clonmel Circuit Criminal Court, a term described by Judge Eoin Garavan as "utterly exploitative" and "reprehensible". The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient and lacked deterrence, citing O'Regan's 35 prior convictions for similar offences between 2016 and 2017. The Court of Appeal, hearing the appeal on 15 November 2021, rejected the request to increase the term. O'Regan's seven‑month sentence was to run consecutively with earlier sentences, a point noted by the court as a deterrent. The case highlights the court's decision to uphold the original seven‑month term despite the DPP's appeal.
Convicted murderer Freddie Thompson, also known as 'Fat Freddie', brought a High Court action against the Governors of Limerick and Portlaoise Prisons, the Irish Prison Service, and the Minister for Justice. Thompson, who received a life sentence in 2018 after being found guilty of the 2016 murder of David Douglas, alleges that prison authorities failed to respond to his solicitors' questions regarding his detention conditions. He claims his transfer to Limerick Prison, where he was reportedly confined to a padded cell without clothing, constitutes a punishment without a disciplinary hearing or formal sanction paperwork. Thompson further alleges that previous complaints about mistreatment in Portlaoise, including sleep deprivation and excessive searches, were upheld but the investigator's report was never provided to him. His legal team argues that the failure to update him on complaint statuses and answer queries regarding his detention is contrary to law, the Prison Rules, and natural justice. They seek an order compelling the respondents to reply to their questions and declarations that the authorities have a legal duty to respond to concerns about a prisoner's detention. The matter came before Mr Justice Anthony Barr, who granted Thompson permission to bring the action on an ex-parte basis. The matter was adjourned and will be mentioned before the court in late December.
In November 2021 the Court of Appeal heard an appeal by Rita O'Driscoll, aged 49, who had been convicted of murdering her former husband, Timothy 'Timmy' Foley, in October 2018. O'Driscoll's appeal argues that the trial judge erred by allowing the prosecution's chief witness, Jason Foley, to give evidence via video‑link and an intermediary. Jason Foley, who suffered an acquired brain injury in 2010, was introduced to the jury as a GP rather than an expert. O'Driscoll's counsel contended that the jury was misled into seeing Foley as a vulnerable witness, while the State's counsel maintained that Foley's intellectual disability was known to the jury and that the remote testimony did not distort the witness's appearance. The court reserved judgment on the matter. The appeal does not address the conviction itself, which remains a mandatory life sentence.
Harry O'Brien, 22, pleaded guilty at Dublin Circuit Criminal Court to the importation of cannabis and possession of cannabis and Ketamine for sale or supply at Trinity Halls, Rathmines, on March 13, 2019. The court heard that O'Brien imported cannabis valued at €4,426 from the United States via the dark web, while gardaí also found Ketamine worth €1,000 and additional cannabis at his address. Although O'Brien admitted to ordering drugs online, he denied being a dealer, stating he intended to consume the substances. Defence counsel highlighted O'Brien's improved mental health, his first-class honours, and his role in founding a national disabled students' advocacy group. Judge Melanie Greally acknowledged the seriousness of the misconduct but expressed openness to a Section 100 disposal, which allows for a fine and deferred imprisonment. The matter was adjourned to November 25 to allow for the canvassing of charitable organisations. The judge indicated a view to adjourning the matter again on that date under Section 100 provisions, rather than finalising the sentence immediately.
Bagrat Kudzievi, a 28‑year‑old Georgian national who had been living in Ireland under a false Polish identity, was convicted in October 2021 of two counts of sexual assault against Rachel McElroy. The assaults occurred on the night of 19 October 2019 in Cork city centre after the pair had gone to a nightclub together. CCTV footage showed McElroy falling inside the club and later struggling to walk outside. Kudzievi met her in the smoking area, then took her to an alcove where he sexually assaulted her. He later lifted her and carried her across a bridge to a secluded location while people recorded them on mobile phones. McElroy, who was drinking with friends, gave a victim impact statement describing her confusion, emotional distress and the effect on her studies. The court adjourned sentencing to 22 November 2021. The case was heard by the Central Criminal Court.
The Special Criminal Court has adjourned the trial of Douglas Glynn (37) until Tuesday for the production of additional photographs, following a disclosure issue. Glynn, of Dublin 1, pleaded not guilty to placing a tracker device on James "Mago" Gately's car in Belfast in April 2017. The prosecution alleges this was part of an ongoing plan by a criminal organisation to target Gately. Presiding Judge Mr Justice Tony Hunt, sitting with Ms Justice Sarah Berkeley and Mr Justice Cormac Dunne, refused a Garda application to ban media from court during covert evidence, ruling that media presence was acceptable provided National Surveillance Unit officers were not identified. The judge warned that the failure to disclose all relevant photos "cannot happen again." In related convictions, Imre Arakas (63) was jailed for six years in December 2018 after admitting to conspiring to murder Gately. Additionally, Peter Keating (40) was jailed for 11 years after pleading guilty to directing a criminal organisation's activities relating to the targeting of Gately between December 2016 and April 2017.
The trial of Douglas Glynn (37) opened at the Special Criminal Court, where he pleaded not guilty to assisting in a plot to murder James Gately by placing a tracker device on his car. Prosecutors allege Glynn participated in directing the activities of a criminal organisation between December 7, 2016, and April 6, 2017, to target Gately. The State's case relies on circumstantial evidence, including CCTV, mobile phone data, and tracking devices. It is alleged that Glynn travelled to Belfast with Peter Keating and David Duffy on March 30, 2017, to place the device on Gately's vehicle. Keating (40) previously pleaded guilty to directing the activities of a criminal organisation relating to the targeting of Gately and was jailed for 11 years. Imre Arakas (63) was jailed for six years in December 2018 after admitting to conspiring to murder Gately in Northern Ireland between April 3 and 4, 2017. Stephen Fowler (62) and David Duffy (33) have also been jailed for providing logistical support to the plot. The trial, presided over by a three-judge panel, is expected to last three weeks.
The High Court approved a Personal Insolvency Arrangement for 54‑year‑old Assumpta Gaffney, an accounts administrator married with two children. The arrangement allows her to write off about €4.2 million of debt owed to financial institutions. She will keep her family home at Mountain Lodge, Ballyleigh, Waterfall, Co. Cork, and continue making mortgage repayments on the €550,000 property, which has been restructured. Her creditors include ACC, AIB and Bank of Ireland. The 12‑month PIA includes a one‑off €50,000 lump‑sum payment from a third party to creditors and the surrender of two properties in Ballykisteen, Co. Tipperary, to satisfy part of her debts. The PIA was drafted by Personal Insolvency Practitioner Judy Mooney of McCambridge Duffy and represented in court by Keith Farry BL. The court noted that Ms.
Matthew Johnstone, 31, a former bar manager, was found in possession of 22 images and 13 videos of children aged one to twelve being sexually and physically abused. The material, described by the judge as "stomach churning," included a video of an 18‑month‑old child subjected to "elements of torture." Johnstone pleaded guilty to possession of child pornography on 19 November 2018. At sentencing, Judge Pauline Codd noted the case was aggravated by the particularly "deviant and depraved" nature of the material and the youth of the victims. She sentenced him to three years' imprisonment, suspending the final two years on strict conditions, including compliance with the Probation Service for two years after release. The judge emphasised the court's duty to protect children and the lack of evidence that Johnstone exchanged or profited from the material. The case was heard in the Dublin Circuit Criminal Court.
A 32‑year‑old man, previously convicted of strangling his ex‑girlfriend, was sentenced to 15 years in prison for repeatedly beating and twice raping his 12‑year‑old step‑daughter between September 2019 and May 2020. He pleaded not guilty to charges of child cruelty, assault causing harm, sexual assault and rape. A jury convicted him on one assault‑causing‑harm charge, six child‑cruelty charges, three sexual‑assault charges and two rape charges. He has been in custody since June 2020. The court noted the victim's fear of the man, her life in a foster family, and the man's history of violent offending and failure to comply with early‑release conditions in his native country. Justice Deirdre Murphy imposed the 15‑year term, considered suspending the final two years if he undertakes anger‑management treatment and refrains from contacting the victim, and discussed post‑release supervision. The man maintains his innocence.
Roy Carroll, a 28‑year‑old former youth boxer from Cork, had a drugs conviction quashed by the Court of Appeal after a jury found him guilty of possessing a quantity of cocaine for sale. He was originally sentenced to four years' jail with 18 months suspended. The appeal was based on the fact that evidence of Carroll's silence during Garda interviews was admitted to the jury without proper direction on how to consider the exercise of his right to remain silent. The Court of Appeal ruled the trial was unsatisfactory and that the verdict was unsafe, noting that Carroll had been advised of his right to silence and had not answered questions. The court said it was disposed to order a retrial and returned the case to Cork Circuit Criminal Court, where the State intends to retry the matter on the basis of the Garda evidence. Roy Carroll pleaded not guilty.
In October 2021, the Court of Appeal quashed the drugs conviction of former youth boxer Roy Carroll, 28, after finding that the jury had been improperly directed regarding the admissibility of evidence of his silence during Garda interviews. Carroll had been found guilty of possessing 124.6 g of cocaine for sale and sentenced to four years' jail with 18 months suspended in February 2020. He had exercised his constitutional right to remain silent during the interview, a fact that was admitted to the jury without proper guidance on how to interpret it. The appellate judges ruled that the trial was unsatisfactory and that the verdict was unsafe because the jury was not given the necessary legal parameters to consider the right to silence. The case remains open for a potential retrial pending further submissions. Roy Carroll pleaded not guilty.
Rinaldo Sciolla, 36, pleaded guilty in Dublin Circuit Criminal Court to possession of the proceeds of criminal conduct after a company in Cork mistakenly paid €13,166 to his Bank of Ireland account. He claimed he had no idea how the money arrived, saying he was expecting a €10 refund and saw the balance when checking. He withdrew €4,000 for accommodation, food and petrol, and later withdrew €2,000 and transferred €7,000 to a UK account, which he denied knowledge of. The court noted the money was not recovered and the company had to repay the supplier. Judge Melanie Greally set a headline sentence of two and a half years, gave credit for his plea and circumstances, and imposed an 18‑month sentence suspended in full.
A 32‑year‑old man, who had served a 10‑year sentence for killing his former girlfriend in his native EU country, was released on the condition he not leave that country until January 2022. He moved to County Cork in 2019, married the mother of a 12‑year‑old girl and moved into the family home. In May 2020 a neighbour reported a domestic incident; Gardaí found the girl with bruises and a cut on her nose. She later admitted to being beaten and sexually abused, describing three episodes of sexual assault and two rapes between September 2019 and May 2020. The man pleaded not guilty to charges of child cruelty, assault causing harm, sexual assault and rape. A jury convicted him on one assault charge, six child‑cruelty charges, three sexual‑assault charges and two rape charges. He has been remanded since June 2020 and sentencing is adjourned to 22 October.
In a murder trial at the Central Criminal Court, Assistant State Pathologist Dr Margaret Bolster testified that Peter Donnelly, a 39‑year‑old homeless man from Kilkenny, was killed on Dublin's O'Connell Street on the early hours of 11 June 2019. Dr Bolster described two fatal stab wounds inflicted by a single‑blade knife: a 4 cm‑deep wound to Donnelly's jugular vein and a branch of the aorta, and a V‑shaped wound near his backbone that missed the spine. The left lung had collapsed, with 500 ml of fresh blood in the cavity. Donnelly's blood alcohol level was 241 mg ml⁻¹, and cocaine, heroin and antidepressants were present. The knife recovered by Gardaí was 14 cm and matched the wounds. The case is before a jury of eight men and four women, with Mr Damien Singleton, 30, pleading not guilty to murder but guilty to manslaughter of Donnelly. The trial continues tomorrow.
In 2021 the Court of Appeal quashed the 2003 murder conviction of Yusuf Ali Abdi, a 48‑year‑old father, and ordered a retrial. The original verdict had been based on a majority of jurors accepting a prosecution psychiatrist's view that Abdi did not suffer from paranoid schizophrenia. In 2019 new evidence showed that Abdi's diagnosis had changed to paranoid schizophrenia, a fact that could have altered the jury's decision. The retrial, held in 2019, resulted in a verdict of not guilty by reason of insanity. The Court of Appeal, led by Justice George Birmingham, declared the original conviction a miscarriage of justice, noting that both defence and prosecution experts agreed Abdi was mentally ill at the time of the offence. The case involved the death of Abdi's 20‑month‑old son, Nathan, who suffered fatal head injuries on 17 April 2001. The court found no evidence of prosecutorial irregularity or perjured testimony.
Dermot O'Connor, aged 49, was jailed for five and a half years after pleading guilty to raping a 20‑year‑old woman in a public park on 21 July 2019. The victim, who was intoxicated and had separated from her friends, had gone to sleep in the park and was assaulted while sleeping. O'Connor first sexually assaulted her and left, then returned to rape her again. The victim gave a victim impact statement, describing anxiety, depression and fear of being alone after the assault. Mr Justice Michael MacGrath, hearing the case, noted the opportunistic nature of the attack and the delays caused by the pandemic. He imposed a six‑year sentence, suspended the final six months, and took into account the absence of prior sexual offending and the victim's relief at the guilty plea. The investigation involved 60 witness statements, 300 hours of CCTV footage and DNA evidence linking O'Connor to the assault.
A 30‑year‑old man, Adam O'Keefe, lost his appeal against a life sentence for murdering his girlfriend, Amy McCarthy, in Cork. He had admitted manslaughter but denied murder, claiming intoxication and lack of intent. The Central Criminal Court jury found him guilty. O'Keefe's appeal argued that the trial judge failed to consider intoxication as a factor in the provocation defence. However, two Supreme Court judgments in 2020 and 2021 held that intoxication cannot be used to excuse a loss of self‑control in provocation. Justice Úna Ni Raifeartaigh, sitting with the Court President and Justice Patrick McCarthy, ruled that these judgments carried significant weight and that the trial judge's handling of provocation was correct. Consequently, the Court dismissed O'Keefe's appeal, leaving his life sentence intact.
In 2011, Jonathan Duke, 27, was strangled at Bridge House, Bandon, and his body was thrown into the River Bandon. A day earlier, John Forrester, 42, had been murdered in the same building. Gardaí believe Duke was killed because he knew of Forrester's murder. Catherine O'Connor, former girlfriend of Forrester, is serving life for both killings. Her boyfriend, Ciprian Grozavu, 47, denied both murders and was tried separately. He was found guilty of both murders, sentenced to life, but appealed the Duke conviction; the Court of Appeal quashed it and ordered a retrial. At the retrial, Grozavu was acquitted of murder but found guilty of two counts of impeding the apprehension or prosecution of another. Mr Justice Michael MacGrath sentenced him to eight years for assisting O'Connor in disposing of Duke's body in the river and a concurrent six‑year sentence for removing the body from the scene.
Kealan Harrington, a marketing executive from Ballintemple, Co Cork, has brought a High Court challenge against his discharge from the Reserve Defence Forces (RDF). The applicant claims the decision, made effective on May 17, was unlawful and breached natural and constitutional justice. He alleges he was denied a fair hearing and that his dismissal is linked to his role as public spokesperson for the family of Aaron Brady, who was convicted and jailed for the murder of Detective Garda Adrian Donoghue. Harrington asserts that the RDF cited a security risk, stemming from an incident at Collins Barracks, Cork, where he was allegedly accused of impersonating an officer. He maintains this was a misunderstanding and that he was never provided with specific reasons for the discharge. In judicial review proceedings against the Minister for Defence, Ireland, and the Attorney General, Harrington seeks an order quashing the discharge decision and remitting it to the Minister for determination in accordance with regulations. The matter came before Mr Justice Charles Meenan, who directed that the application for permission to bring the challenge be made on notice to the respondents. The case was adjourned and will return before the Court in November.
Emma Fehily, 37, was sentenced by the Court of Appeal to three‑and‑a‑half years' imprisonment, with 18 months suspended for two years, on two counts of forgery and two counts of attempting to pervert the course of justice. The sentence follows the discovery of two further forged documents, one purporting to be from a doctor and another from a counselling service, which were found by Fehily's own defence team. The documents were dated 2018 and were not new materials prepared for the appeal hearing. Fehily had previously pleaded guilty to multiple theft offences and had been given a fully‑suspended one‑year sentence in 2020, which the Director of Public Prosecutions appealed as unduly lenient. The judge noted that Fehily had shown little or no remorse and that her legal team had acted diligently in uncovering the forged documents.
In a Cork Central Criminal Court case, a 44‑year‑old man was convicted of raping a friend who was sleeping in her daughter's bed with the child beside her. The offence occurred on the night of 3‑4 February 2017 at the woman's home. She reported the assault after discovering the man had slept on her son's bed and had pulled down the zip of her onesie, causing vaginal pain. The victim, who had been friends with the accused for many years, described the impact on her daily life and her children. The judge noted the man had no prior convictions, had worked full‑time, and was in a long‑term relationship with a child due in December. He was sentenced to six years' imprisonment, with the final 18 months suspended, and no post‑release supervision was imposed. The sentence was delivered by Mr Justice Michael MacGrath. The unnamed 44-year-old pleaded not guilty.
At the Central Criminal Court, a 16-year-old juvenile was sentenced for violent disorder committed on Bandon Road, Cork, on January 16, 2020, the night Cameron Blair was murdered. The boy, who was 14 at the time, pleaded guilty to committing violent disorder and producing a knife to intimidate others. Although the DPP entered a nolle prosequi regarding the knife charge, Mr Justice Keane considered the trial evidence, noting the boy armed himself with a butter knife and struck a young woman in the face. The judge described the conduct as deliberate and calculated, contributing to the febrile atmosphere surrounding the murder. In mitigation, the court accepted his age, guilty plea, and lack of prior convictions, reducing a headline sentence of six years to four. He was ordered to serve two years in detention and two years under Probation Service supervision. The finalisation of the sentence was adjourned until next week to determine placement at Oberstown Children Detention Campus. Separately, Scott O'Connor, 19, of Churchfield, Cork, who brandished a knife at the scene, was jailed for two years. Another juvenile pleaded guilty to Blair's murder and received a life sentence.
Craig O'Donoghue, 20, was sentenced at the Central Criminal Court for contempt of court after failing to attend the trial of a teenager charged with violent disorder at the Cameron Blair murder scene. O'Donoghue, a witness who had been served with a witness order, booked a holiday to Ayia Napa, Cyprus, and refused to return despite police contact. He was arrested at Dublin airport upon his return. Justice David Keane described the conduct as "premeditated, flagrant and persistent," noting O'Donoghue's high culpability and disdain for the law. The judge imposed a headline sentence of three months in prison, reduced by one month to an effective two-month term, citing mitigation including O'Donoghue's remorse and previous good character. He was also fined €1,000, payable within nine months. O'Donoghue has been in custody since his arrest. His co-accused, Darragh O'Connor, 20, was sentenced for a similar contempt last week. The underlying trial involved a teenager who pleaded guilty to Mr Blair's murder and received a life sentence, while another teenager's trial ended after the defence accepted possession of a butter knife, leading the DPP to discontinue the knife possession charge.
A convicted murderer, Ciprian Grozavu, aged 47, will be sentenced next week for impeding the investigation into the murder of Jonathan Duke, 27, who was strangled and thrown into the River Bandon on 12 November 2011. Grozavu was found guilty of two counts of impeding the apprehension or prosecution of another. He was acquitted of murder after a retrial ordered by the Court of Appeal. The case involved the murder of John Forrester, 42, who was killed the day before Duke's murder. Catherine O'Connor, Forrester's former girlfriend, is serving life for both murders. Grozavu's trial was held at the Central Criminal Court in Limerick, and he has 13 prior convictions. The judge will hand down the sentence on Tuesday next.
The Court of Appeal has quashed the second murder conviction of David O'Loughlin, substituting it with a manslaughter verdict after finding no evidence he intended to kill or cause serious harm to Liam Manley. Mr Justice Michael White at the Central Criminal Court subsequently sentenced O'Loughlin to 12 years' imprisonment. The judge set a headline sentence of 18 years, reduced it to 14 years based on mitigating factors, and suspended the final two years on conditions of good behaviour, probation supervision for two years, and attendance at directed therapeutic services. The sentence was backdated to May 23, 2013, when O'Loughlin first entered custody, meaning he can expect release in early 2022. The court noted O'Loughlin's "serious propensity for violence" and his 54 previous convictions, including multiple assaults causing serious harm. However, mitigating factors included his guilty plea to manslaughter prior to his first trial, his academic achievements in prison, and his tragic background involving domestic violence. The appeal process followed the overturning of his first conviction due to jury irregularities and the subsequent retrial where he was initially convicted of murder.
In a 2021 decision, the Court of Appeal dismissed the appeal of a 56‑year‑old travelling salesman who had been convicted of raping a 24‑year‑old female assistant at a fair in County Cork in 2015. The appeal was based on three grounds, including the alleged inadmissibility of text messages exchanged between the salesman, the victim and another female employee. The Court found the messages had evidential value in showing the salesman's intent to have intercourse with the employee and that the appeal had no basis. The judge who had sentenced the salesman to five years' imprisonment in 2018, Mr Justice Paul McDermott, had ruled the conviction valid. The Court also rejected claims that the trial judge had given an unbalanced charge to the jury, describing the charge as "impeccable, balanced and thoughtful.".
In Cork city, teenager Scott O'Connor was jailed for two years after brandishing a knife outside a house party where 20‑year‑old student Cameron Blair was murdered. The judge said O'Connor deliberately armed himself and threatened people for five minutes on a public street, but did not use the weapon. He had pleaded guilty to violent disorder and to producing a knife capable of serious injury. The court noted that O'Connor's actions contributed to the hostile atmosphere that preceded Blair's fatal stabbing. O'Connor's sentences for violent disorder and for producing the knife run concurrently and were back‑dated to the time he entered custody. The judge highlighted O'Connor's early guilty pleas, cooperation with Gardaí and lack of prior convictions as mitigating factors. The sentence was imposed in the Central Criminal Court by Mr Justice David Keane.
A 16‑year‑old boy, who was 14 at the time of the incident, was charged with violent disorder and the production of a knife outside a house party where 20‑year‑old Cameron Blair was murdered. The Central Criminal Court heard that the boy, who cannot be named, has become a "pariah" in his community and that his family have had to move homes to keep him out of trouble. He pleaded not guilty to producing a knife but pleaded guilty to violent disorder. The Director of Public Prosecutions decided not to pursue the knife charge, entering a nolle prosequi. The court heard that the boy was in possession of a butter knife and had punched a girl during the altercation. The case is still pending sentencing.
A contempt of court hearing concerning two witnesses in the trial of an unnamed 16-year-old defendant was adjourned until Friday. Darragh O'Connor and Craig O'Donoghue, both 20, are alleged to have left the jurisdiction for Ayia Napa to avoid giving evidence at the juvenile's trial. The 16-year-old, who pleaded not guilty to producing a knife, had previously pleaded guilty to violent disorder at a house on Bandon Road in Cork city where college student Cameron Blair was murdered. The DPP discontinued the knife charge. During the out-of-hours High Court sitting, defence counsel reported that prison authorities could not facilitate consultations due to a harsh regime and one witness's reported Covid-19 symptoms. Mr Justice Keane ordered the two alleged contemptors to be produced before him on Friday at 10.30am. The 16-year-old defendant was remanded on continuing bail until Friday, when the case will be mentioned to finalise a date for sentence. The alleged offence of contempt of court is punishable by imprisonment, fine, or both.
David O'Loughlin, aged 34, was convicted of murdering Liam Manley by throwing him down a 40‑foot rubbish chute, where he died of asphyxiation. O'Loughlin had 54 prior convictions, including four assault convictions and five for producing articles in disputes. He had previously been jailed for a "frenzied" stabbing in December 2005 that left two foreign men alive after being stabbed ten and six times respectively. In 2004 he was convicted of assault after stabbing a youth three times, and in June 2005 he stabbed a man under the heart after a verbal argument. The Central Criminal Court heard that the Court of Appeal had overturned his first murder conviction and replaced it with a manslaughter conviction, citing lack of intent to kill. O'Loughlin's defence counsel described his client as remorseful, having written a letter apologising to Manley's family and seeking forgiveness.
In a Cork city house party where 20‑year‑old Cameron Blair was murdered, 19‑year‑old Scott O'Connor was found to have brandished a knife. O'Connor's defence counsel told the Central Criminal Court that his client had "minimised" his behaviour and now accepts the facts as presented by the prosecution. He had held the knife above his head and pointed it at party‑goers, and had also pulled up his top to reveal his waistband when a 14‑year‑old friend urged him to "shank one of them." O'Connor had earlier claimed he had taken the knife from the kitchen floor to scare others but denied any intention to use it. He had pleaded guilty to violent disorder and to producing a knife capable of serious injury. The judge adjourned sentencing to July 12, noting a conflict on the facts that the court would resolve. The case remains at the sentencing stage.
Convicted murderer Freddie Thompson has brought a High Court action challenging the Legal Aid Board's refusal to pay his legal costs for a 2019 case regarding his detention conditions. Thompson, serving a life sentence in Portlaoise Prison for the 2018 murder of David Douglas, previously sought judicial review over conditions in the prison's A4-wing. That 2019 action was withdrawn in November 2019 after he was moved to the mainstream population, a move the respondents attributed to security concerns rather than the legal action. Following the withdrawal, a High Court judge recommended Thompson's fees be covered under the Legal Aid (Custody Issue) Scheme. However, the Legal Aid Board refused this in August 2020, a decision repeated in March 2021, citing that Thompson did not qualify because he had already been convicted, sentenced, and lost his liberty. Thompson claims this refusal is an error in law and unreasonable, arguing the Board failed to interpret the scheme consistently with High Court judges. Represented by Micheal O'Higgins SC and Keith Spencer BL, Thompson seeks to quash the Board's refusal and obtain declarations that the decision breached fair procedures, constitutional rights, and the ECHR. He further claims the scheme is constitutionally deficient. Mr Justice Charles Meenan granted permission to bring the action on an ex-parte basis on Monday, with the matter made returnable to a date in October.
Craig O'Donoghue, 20, was remanded in custody until July 12 at 10.30am by Mr Justice David Keane in the High Court following an out-of-hours sitting. O'Donoghue faces a trial for contempt of court after allegedly travelling to Ayia Napa, Cyprus, to avoid giving evidence in the trial of a 16-year-old accused. The State believes O'Donoghue and a co-accused left the jurisdiction to evade their witness orders. O'Donoghue was arrested at Dublin Airport on a bench warrant. The underlying trial involved a 16-year-old accused of producing a knife at a house party on Bandon Road, Cork city, where college student Cameron Blair was murdered. The juvenile pleaded not guilty to producing an article capable of inflicting serious injury, a charge the DPP discontinued via nolle prosequi. However, the juvenile pleaded guilty to committing violent disorder with two other persons present, using or threatening unlawful violence, causing fear for safety. Another juvenile has already pleaded guilty to Blair's murder. O'Donoghue was granted legal aid for senior and junior counsel for the July 12 hearing, where he is expected to attend electronically after a seven-day isolation period. The defence did not pursue a bail application. The alleged contempt offence is punishable by imprisonment, fine, or both.
David O'Neill, 26, from Kerry, was given a suspended nine‑month sentence for handling a stolen black Samsung Galaxy S9. He was in Dublin to obtain drugs when a car he was in was stopped by Gardaí. O'Neill claimed he was grateful the Gardaí arrived before the men could rob him. He admitted to receiving a stolen phone from the men, who had offered to supply drugs, and later returned the phone and €900 to the victim. The court noted his history of drug‑related convictions, his ongoing rehabilitation, attendance at Narcotics Anonymous, and stable employment. Judge Melanie Greally accepted his guilty plea, his remorse, and his efforts to address addiction, and imposed the suspended sentence with conditions to continue NA and hand over the €900 to the victim or a charity. The case remains a criminal proceeding with no further verdicts reported.
The Court of Appeal refused to allow Marian Lingurar Jnr, 26, to appeal his conviction for the manslaughter of John Kenny, 56, who was killed in a burglary at Kenny's pub in Oughterard on 25 September 2011. The court considered the impact of new proceedings on the victim's family, ten years after the killing, and found the appeal had little chance of success. It will, however, allow Lingurar to appeal his nine‑year prison sentence. Lingurar, a Romanian national who had broken bail, fled Ireland, and returned under a false name, was found guilty by a jury in 2019. The judge noted that Lingurar was a juvenile at the time of the offence and that the family's impact would be less if the sentence were appealed rather than the conviction. The appeal of the sentence will be heard after the defence argues that the sentence was overly severe given Lingurar's youth.
A 19‑year‑old, Scott O'Connor, was sentenced for violent disorder and for producing a knife at a party on Bandon Road, Cork, where 20‑year‑old Cameron Blair was murdered. O'Connor, who had a 14‑year‑old friend, was told to "give it to me, I'll shank one of them" and pulled up his top to reveal his waistband. He claimed he had taken a kitchen knife to scare people and had no intention of using it. The court heard that he and his friends had armed themselves with knives, that O'Connor had held a six‑inch white‑handled knife above his head and pointed it at party‑goers, and that he had later dropped it. O'Connor pleaded guilty to violent disorder and to producing a knife, and was remanded on continuing bail until July 5 for sentencing.
Darren McDonnell, aged 38, was jailed for three years after a series of offences. He had been staying at a rehabilitation centre for two days when he disappeared from the grounds and later burglarised a home in Curraheenduff, Thurles, on 4 November 2020. An employee discovered he was carrying a concealed shotgun in his trousers when he returned to the centre. McDonnell was arrested a few days later in Dublin after a knife‑point robbery at a Spar shop in Coolock on 9 November 2020, where he stole €280 and was caught by Gardaí. He pleaded guilty to burglary, robbery and possession of a knife. The judge noted his extensive criminal history, drug addiction and attempts at detox, and sentenced him to five years in prison, suspending the final two years on strict conditions, including three years of probation. The burglary damaged the victims' peace of mind and the centre's reputation.
A would-be ATM thief who almost caused a massive explosion that could have killed him has lost his appeal against the severity of a five-year jail sentence imposed for attempting to blow up an ATM at a filling station in Cork last year. Evan Stubbins (25), an unemployed single man from Church Road, Croom, Co Limerick, was convicted at Cork Circuit Criminal Court last November for the possession of explosives after pleading guilty to possessing a blow torch and canisters containing oxygen and propane in an attempt to blow open an ATM at the Maxol garage at Carr's Hill, Carrigaline, Co Cork on August 2, 2020. He also pleaded guilty to separate charges of criminal damage and attempted theft. At a sitting of the Court of Appeal, counsel for Stubbins, Ray Boland BL, argued that the sentencing judge, Judge Seán Ó Donnabháin, had not given the appellant a sufficient reduction from the headline sentence of seven years for his signed guilty plea. Counsel said the judge had also erred by failing to further reduce the length of the sentence by taking into account various mitigating factors including Stubbins' youth, his cooperation with gardaí and the fact that the offence was committed under duress as part of his efforts to pay off a drug debt to unnamed individuals. The matter was adjourned.