Finbarr O'Rourke, 41, of Laurel Drive, Portlaoise, pleaded guilty to dangerous driving causing the death of four‑year‑old Ciarán Treacy and severe injury to his mother, Gillian Treacy, in an April 2014 collision on the R419. He was originally sentenced to seven‑and‑a‑half years imprisonment by Judge Keenan Johnson on 3 November 2015. On appeal, the Court of Appeal re‑sentenced him to eight years imprisonment, with the final two years suspended, citing his genuine remorse, early guilty plea and cooperation with Gardaí. The suspended portion was intended to encourage rehabilitation. The court also reaffirmed a twenty‑year driving disqualification. The decision was delivered by Mr Justice Alan Mahon, sitting with Mr Justice George Birmingham and Mr Justice Garrett Sheehan. The appeal reduced the custodial term by 18 months, leaving O'Rourke to serve six years and one month in custody. The case remains a tragic reminder of the consequences of drunk driving.
The Central Criminal Court trial of seven Dubliners accused of murdering Dale Creighton, who died after being assaulted on New Year's Morning 2014 at a Tallaght footbridge, continues before Justice Deirdre Murphy. The accused are Aisling Burke, David Burke, Graham Palmer, Ross Callery, James Reid, Jason Beresford, and Gerard Stevens. All initially pleaded not guilty to murder and violent disorder; however, Jason Beresford later changed his plea to guilty for violent disorder. The others maintain their not guilty pleas to both charges. Evidence heard included garda interviews with Graham Palmer, who alleged the victim was already injured before he arrived. Palmer admitted punching the victim in the stomach and face, stating he did so to get his attention, while denying causing the fatal injuries. He expressed regret for his actions. The trial is ongoing and was adjourned to continue on Monday.
Finbarr O'Rourke, 41, pleaded guilty to dangerous driving causing the death of four‑year‑old Ciarán Treacy in Portarlington on 17 April 2014. He was sentenced to seven‑and‑a‑half years imprisonment by Judge Keenan Johnson at Portlaoise Circuit Criminal Court on 3 November 2015. O'Rourke's barrister, Conor Devally SC, appealed today, arguing the tariff was too high and mitigation was insufficient. Devally said the judge was moved by the case and that O'Rourke should be seen as an example rather than an individual. He highlighted O'Rourke's lack of prior convictions, his professional driving background, and his recent efforts to change his relationship with alcohol. The appeal also noted O'Rourke's failure to remain at the scene, his phone call to a companion after the crash, and the impact of these factors on the sentencing decision. The Court of Appeal will decide next week.
The trial of seven Dubliners charged with the murder of Dale Creighton and violent disorder is ongoing at the Central Criminal Court. Creighton, a 20-year-old Tallaght native, died in hospital on January 2, 2014, after being assaulted on New Year's Morning 2014 at the footbridge over the Tallaght bypass. The accused are Aisling Burke, David Burke, Graham Palmer, Ross Callery, James Reid, Jason Beresford, and Gerard Stevens. All pleaded not guilty to murder. While all initially pleaded not guilty to violent disorder, Jason Beresford later changed his plea to guilty for that specific charge. During cross-examination, Beresford admitted to kicking Creighton in the head and punching him in the stomach, stating he was "stupidly drunk and furious." He denied stamping on the victim. The court also heard that James O'Brien, who was seen on CCTV punching and kicking Creighton, was charged with the lesser offence of assault causing harm. O'Brien pleaded not guilty to this charge. The jury was dismissed to allow the court to address a legal issue, with proceedings scheduled to resume on Wednesday.
The trial of seven accused individuals for the murder of Dale Creighton and violent disorder is ongoing before the Central Criminal Court. The defendants, Aisling Burke, David Burke, Graham Palmer, Ross Callery, James Reid, Jason Beresford, and Gerard Stevens, all pleaded not guilty to the murder charge. While all initially pleaded not guilty to violent disorder, Jason Beresford changed his plea to guilty on Wednesday. The court heard evidence that the deceased, who died on January 2, 2014, sustained a penetrating stab wound to his right leg in addition to being beaten. James Reid identified himself in CCTV footage holding a knife, claiming he took it from the deceased after it was swung at him, while denying any involvement in the assault. He described the footage as "horrific" and stated he regretted being present. Garda testimony confirmed Reid was arrested and interviewed, where he denied kicking, punching, or stabbing the victim. The trial continues under the direction of Ms Justice Deirdre Murphy.
The trial of seven Dubliners charged with the murder of 20‑year‑old Dale Creighton began on 13 October 2016. The defendants – Aisling Burke (23), David Burke (28), Graham Palmer (26), Ross Callery (23), James Reid (26), Jason Beresford (23) and Gerard Stevens (27) – all pleaded not guilty to murder and violent disorder, though Beresford later pleaded guilty to the disorder charge. Evidence from Garda Jennifer Walsh and Garda Avril Sharpe described a New Year's Day incident at the Tallaght footbridge where Creighton was found unconscious and badly beaten. The garda saw blood on the clothing of Palmer and Burke, and the footage showed the group leaving the bridge. The trial, before Justice Deirdre Murphy and a balanced jury, will continue on Friday morning. The court heard that Palmer was arrested at the scene and Reid was arrested the next day in Tallaght. The case remains at the Central Criminal Court.
The trial of seven Dubliners accused of murdering 20-year-old Dale Creighton is ongoing before the Central Criminal Court. Creighton died on January 2, 2014, following an incident at the footbridge over the Tallaght bypass on New Year's Day. While all seven defendants initially pleaded not guilty to murder and violent disorder, Jason Beresford (23) pleaded guilty to violent disorder on January 1, 2014, during the trial. The remaining six accused—Aisling Burke, David Burke, Graham Palmer, Ross Callery, James Reid, and Gerard Stevens—maintain their not guilty pleas to both murder and violent disorder. The matter was not adjourned; the trial proceeded as normal. Witness Carl O'Leary testified that he saw Creighton holding a knife on the footbridge after hearing a commotion about a phone robbery. His girlfriend, Shannon Downes, identified a white jacket belonging to a woman who claimed she was assaulted and robbed. Another witness, Sophie Percy, described seeing men at the bottom of the bridge, with footage showing one passenger punching a man not before the court. The trial continues with the jury hearing further evidence.
The trial of seven Dubliners charged with the murder of 20-year-old Dale Creighton is ongoing at the Central Criminal Court. All defendants, including Aisling Burke, David Burke, Graham Palmer, Ross Callery, James Reid, Jason Beresford, and Gerard Stevens, have pleaded not guilty to murder and violent disorder. Prosecution counsel Seán Gillane SC alleged the group acted together to inflict serious injury or death during a 'vicious, prolonged' attack on New Year's Day 2014. Evidence presented includes CCTV footage and testimony from witness Síle McCarthy, who described seeing six or seven individuals surround, kick, and punch Creighton on the footbridge over the Tallaght bypass. The prosecution stated Creighton was thrown 'like a rag doll' down steps before being returned to the bridge, suffering blunt force injuries to the head and face that caused his death on January 2, 2014. The matter is currently at the trial stage before Ms Justice Deirdre Murphy and a jury; it has not been finalised and is expected to last approximately six weeks.
The trial of seven accused individuals for the murder of Dale Creighton is ongoing at the Central Criminal Court. Ms Justice Deirdre Murphy addressed the jury, warning them against conducting internet searches or discussing the case, emphasizing that their verdicts must rely solely on evidence presented in court. The accused, Aisling Burke, David Burke, Graham Palmer, Ross Callery, James Reid, Jason Beresford, and Gerard Stevens, are charged with murdering Mr. Creighton, who died on January 2, 2014, following an incident at the Tallaght bypass footbridge. All seven defendants have pleaded not guilty to the murder charges. Additionally, each accused pleaded not guilty to violent disorder at the same location on New Year's Day. The court highlighted the gravity of the proceedings, noting that murder is the most serious offence in the criminal calendar. The trial is currently at the trial stage, with no findings, sentences, or finalizations recorded. The matter was adjourned and will continue the following morning.
The trial of seven Tallaght residents accused of murdering 20‑year‑old Dale Creighton on 2 January 2014 has been adjourned to Monday. All seven, aged in their twenties, pleaded not guilty to the murder charge and to violent disorder at the footbridge over the Tallaght bypass. The accused are Aisling Burke (23), David Burke (28), Graham Palmer (26), Ross Callery (23), James Reid (26), Jason Beresford (23) and Gerard Stevens (27). A jury of six men and six women was sworn in to hear the case, which was scheduled to open that morning but was postponed because no judge was available. The court expects the trial to last up to six weeks. The incident occurred on New Year's Eve or New Year's Day, and the victim and all accused were from Tallaght. The trial will resume on Monday.
In a Tallaght court hearing on 6 October 2016, a woman and six men, all in their twenties and residents of Tallaght, pleaded not guilty to the murder of 20‑year‑old Dale Creighton, who died on 2 January 2014. The alleged killing took place at the footbridge over the Tallaght bypass between Saint Dominic's Road and Greenhills Road, about two days after an incident on New Year's Eve or New Year's Day. The accused—Aisling Burke (23), David Burke (28), Graham Palmer (26), Ross Callery (23), James Reid (26), Jason Beresford (23) and Gerard Stevens (27)—were charged with murder and violent disorder on the same occasion. All seven were arraigned before the Central Criminal Court, and the judge, Justice Patrick McCarthy, swore in a jury of six women and six men, noting that no juror should be from the Tallaght area. The trial was scheduled to begin the following day and could last up to six weeks.
Jonathan Hawthorn, 44, of Ballintyre Downs, Ballinteer, was granted compassionate bail by the Special Criminal Court to attend his father's funeral. He was charged with membership of the Irish Republican Army (IRA) along with James Geraghty and Donal O Ceallaigh. The court, sitting in an out‑of‑term session, accepted the State counsel's argument that, despite the usual objection to bail, compassionate bail was appropriate. Hawthorn must post a €6,000 bond, reside in Dublin, and report to Portlaoise Prison by 6:30 pm on Thursday. He is required to observe a curfew from 12 am to 7 am, surrender his passport, and may not leave the jurisdiction or contact prosecution witnesses. He must not associate with co‑accused or convicted persons, attend republican gatherings, or apply for new travel documents. The court remanded all three men in custody with liberty to apply for bail until 24 October.
Eoin Daly, 30, of Kippure Park, Finglas, Dublin, was sentenced by Judge Patrick McCartan at Dublin Circuit Criminal Court to a three‑year suspended sentence with two years of probation for smuggling more than €8,000 worth of heroin and cocaine into Cloverhill Prison. Daly pleaded guilty to possessing heroin for sale or supply and possessing cocaine on 10 May 2015. He was also remanded on a burglary offence after attending his son's first communion. At the sentencing hearing in June, Judge McCartan had ordered a urine sample for drug testing, but Daly claimed he could not provide one due to "stage fright," a psychological condition, and offered a blood sample instead. The judge noted Daly's good report from Probation Services and his willingness to remain drug‑free, but also highlighted his 32 previous convictions and his current five‑and‑a‑half‑year sentence for burglaries. Daly is due for release in April 2016.
Michael Byrne, a 46‑year‑old convicted drug dealer, lost an appeal against a confiscation order. He had claimed €40,000 in bank accounts from "nixers" while working as a tiler. In March 2010 he was sentenced to 17 years after packages of diamorphine worth about €6 million were found in a van. The Director of Public Prosecutions sought to confiscate the €40,253 in his accounts. A forensic accountant testified that Byrne's declared income was about €43,000 net and he spent about €188,000 net during the period in question. Judge Tony Hunt ordered the confiscation on 31 July 2012. Byrne appealed, arguing the judge had admitted a statement lacking evidential value. The Court of Appeal, led by Justice George Birmingham, rejected the appeal, upheld the confiscation order, and affirmed that the funds were likely proceeds of "nixers" or drug trafficking, with no credible alternative explanation provided.
In a Central Criminal Court trial in Laois, a 38‑year‑old man was found not guilty of murder but guilty of manslaughter for killing his 26‑year‑old housemate, Deivydas Zigelis, after a dispute over ribs. The case began when Zigelis, who had gone to buy cider and ribs, returned home without the ribs. The accused, Alexander Karpovs, claimed he was offended and stabbed Zigelis with a kitchen knife. CCTV showed Zigelis making several trips to an off‑licence and a butcher's shop that day. The jury, after nearly six hours of deliberation over two days, returned a unanimous verdict of not guilty of murder but guilty of manslaughter. Mr Justice Paul Butler remanded Zigelis in custody until a sentencing date is set.
In a Laois Central Criminal Court trial, a jury has begun deliberating on the murder of 26‑year‑old Alexander Karpovs, who died of a single stab wound to the heart after a dispute over ribs. The accused, 38‑year‑old Deivydas Zigelis, pleaded not guilty to murder but guilty to manslaughter. Both men worked as bin collectors and spent weekends drinking at home. The jury heard that Zigelis, after Karpovs returned from the butcher without ribs, became offended, took a kitchen knife, and stabbed him. CCTV showed Zigelis entering a butcher's shop that afternoon and leaving empty‑handed. The prosecution argued that intoxication was not a defence and that intent to kill or seriously harm existed. The jury deliberated for almost two hours before being sent home for the night, to resume on Tuesday morning.
Jim Duffy, a 45‑year‑old father of three from Dundalk, pleaded guilty in Dublin Circuit Criminal Court to possessing a stolen John Deere tractor between June and September 2013. The tractor, valued at €50,000, had been taken from a farm in Portlaoise during a burglary on 29 May 2013 and later found on Duffy's farm in Hollywood Little, Ballyboughal, with several identifying features altered or removed and a false UK registration plate. Duffy claimed the tractor was left on his farm by a man who owed him money and insisted he had never taken anything. He had three prior minor convictions for road traffic offences. The judge, citing his lack of serious convictions, suspended a four‑year custodial sentence and ordered 240 hours of community service, avoiding immediate imprisonment.
In a Central Criminal Court hearing, Deivydas Zigelis, aged 38, pleaded not guilty to murder but guilty to manslaughter after stabbing 26‑year‑old Alexander Karpov, a Latvian, with a kitchen knife on 15 February 2014. Zigelis claimed he and Karpov had spent the day drinking with a friend in Laois, then returned to Portarlington where he stabbed Karpov after an argument. He said he had called Gardaí 30 minutes later. Zigelis described a history of drinking together, arguing rarely, and that Karpov had annoyed him while intoxicated. He asserted that if Karpov had brought food home with the cider, he would still be alive. The trial, presided over by Mr Justice Paul Butler, continues on Monday.
During the murder trial of Deivydas Zigelis, a 38‑year‑old Lithuanian accused of killing 26‑year‑old Alexander Karpov, witness Rimas Sodaitis confirmed that he did not mention seeing Zigelis grab a knife until his sixth interview with the Gardaí. Sodaitis, who had been questioned five times before, stated that he had not seen a blow or a knife in the first interview, thought the victim had been punched in the second, and only noted shouting in the fifth. He agreed with defence counsel that he had no recollection of the entire day, describing it as "a mist of alcohol." The court also heard that two knives were found in the garden and three in the house, but no fingerprints were recovered. The trial was set to continue the following day before Mr Justice Paul Butler. The unnamed 49-year-old pleaded not guilty.
In a murder trial in the Central Criminal Court, a 49‑year‑old witness, Rimas Sodaitis, testified that he was watching television when he saw the accused, 38‑year‑old Deivydas Zigelis, run toward the deceased, 26‑year‑old Alexander Karpov, with a knife. Sodaitis described a prior conflict between the accused and the deceased, noting that they had been drinking vodka and cider and had been shouting. He said the accused grabbed a knife from a small table, kicked the table, and ran toward Karpov. Sodaitis claimed he did not see what happened next, but later saw blood and heard the accused ask where it was coming from. He also reported that the accused cleaned up the blood before calling emergency services. The trial continues before Mr Justice Paul Butler. The unnamed 49-year-old pleaded not guilty.
In the 2016 murder trial of 38‑year‑old Deivydas Zigelis, the Central Criminal Court heard that 26‑year‑old Alexander Karpov died from a single stab wound to the heart. Pathologist Dr Margaret Bolster testified that the wound was nine centimetres deep, passing between the third and fourth ribs into the right ventricle and piercing the aortic cusp. She found almost 500ml of fresh blood clot in the pericardial sac, which she said stopped the heart. No defensive wounds were observed. The trial continues before Mr Justice Paul Butler.
A 38‑year‑old Lithuanian man, Deivydas Zigelis, is on trial at the Central Criminal Court for the 2014 murder of 26‑year‑old Alexander Karpov, a Latvian, who was stabbed at a house on Spa Street, Portarlington. Zigelis pleaded not guilty to murder but guilty to manslaughter, a plea the prosecution rejected. The jury heard a 999 call made by Zigelis at 5 pm, during which he gave the address and said someone had died. Garda Sharon Murray recorded the call and later spoke with Garda Michael Wynn, who described arriving at the house, finding one man on the couch and another on the ground, and Zigelis claiming he did not know what had happened. Detective Sergeant Pat O'Brien showed photographs of the scene, noting it was unkempt with debris and a bag of sugar in the kitchen.
A jury was sworn in at the Central Criminal Court to hear the trial of Deivydas Zigelis, a 38‑year‑old Lithuanian resident of Spa Street, Portarlington, who was accused of murdering Alexander Karpov, a Latvian man, on 15 February 2014. Zigelis pleaded not guilty to murder but guilty to manslaughter, a plea the prosecution did not accept. The trial will proceed tomorrow before Justice Paul Butler and a jury.
Eoin Daly, 30, pleaded guilty at Dublin Circuit Criminal Court to one count of possessing heroin for sale or supply and one count of possessing cocaine on May 10, 2015. The court heard that Daly, who was on remand in Cloverhill Prison for a burglary offence, was granted compassionate bail to attend his son's communion. Upon his return, he was placed in an observation cell where he was found asleep on the toilet with a package between his legs. Detective Garda Stephen Cullen stated that Daly had ingested the drugs, which were subsequently recovered. The package contained heroin with a street value of €7,350 and cocaine with a street value of €787. Cullen noted that serious threats were made against Daly to bring the drugs into the prison, though Daly declined to name the individuals for safety reasons. Judge Patrick McCartan noted Daly's "appalling" criminal record, which includes 32 previous convictions, and that he is currently serving a five-and-a-half-year sentence for burglaries. Although the judge expressed skepticism regarding Daly's claims of rehabilitation, he ordered a probation services report and drug testing before making a final decision. The matter was adjourned and will return to court on July 28 for sentencing, with the judge indicating Daly faces a significant term of imprisonment.
In an out‑of‑hours sitting of the Special Criminal Court on 24 May 2016, former Sinn Féin councillor Jonathan Dowdall, aged 37, and his father Patrick Dowdall, aged 59, were charged with firearms offences. Both men were arrested by the Special Detective Unit and accused of possessing a sawn‑off shotgun and a .44 calibre magnum revolver, allegedly intended to facilitate the false imprisonment of Alexander Hurley at their home on 15 January 2015. Jonathan Dowdall was arrested in Clontarf, Dublin 3, while Patrick Dowdall was taken into custody outside Swords Garda Station, Co. Dublin. Neither man applied for bail at the time of arrest. Their barristers, Mr Derek Cooney BL for Jonathan and Ms Annemarie Lawlor BL for Patrick, noted that the DPP had no objection to legal aid and requested that the warrant reflect the men's prescribed medication.
Ross Allen (25) has pleaded not guilty to the murder of Christy Daly, aged 47, at Bog Lane, Kilbride, Clara, County Offaly between 29 December 2013 and 7 January 2014. His co-accused Matthew Gralton (22) of Mount Prospect, County Roscommon has also pleaded not guilty to the charge. At the Central Criminal Court, Detective Sergeant Jer Glavin gave evidence that Mr Allen told gardaí during interview that he attended a meeting in Clara where the use of violence against the deceased was discussed. Mr Allen stated he was instructed to obtain a hammer and torch, and that a sawn-off shotgun was collected during the journey to Bog Lane. He said he acted as lookout while others proceeded to the caravan, after which he heard two shots. Mr Allen told gardaí he believed these were warning shots and did not anticipate lethal force would be used. The trial continues before Justice Patrick McCarthy.
The High Court has adjourned several prisoner applications pending clarification of orders following Mr Justice Michael Moriarty's judgment declaring provisions of Section 99 of the Criminal Justice Act 2006 unconstitutional. Mr Justice Seamus Noonan adjourned an Article 40 challenge by an unnamed man who pleaded guilty to road traffic offences, receiving a five-month sentence and a 30-year driving ban. This man, originally sentenced in 2010 to eight years for robbery and firearms charges with seven suspended, had his suspension activated in November 2014. The State argued he is validly detained as he did not appeal the road traffic convictions. In a separate case, Mr Justice Noonan adjourned a judicial review challenge by another unnamed man who pleaded guilty to offences under the Criminal Justice (Theft and Fraud Offences) Act. His 11-month suspended sentence, part of a two-year term for drug offences, was revoked by the District Court on April 14th last, resulting in his jailing. He remains in custody pending his appeal due to inability to provide bail lodgement. A third prisoner's Article 40 application was also adjourned. These delays await final orders from Mr Justice Moriarty, originally due May 5th, which will now be addressed next Wednesday to clarify the scope of the unconstitutionality ruling.
In 2016 the Court of Appeal dismissed Brian Meehan's application to have his 1999 conviction for the murder of journalist Veronica Guerin declared a miscarriage of justice, ruling it an abuse of process. Meehan, 47, had sought to quash the conviction on the basis of alleged new evidence from the 2001 Special Criminal Court trial of John Gilligan, who was acquitted of Guerin's murder. The court found no new facts had emerged and that all material Meehan cited had been available since the Gilligan trial. It held that Meehan's attempt to revive arguments years later, without proper disclosure or new evidence, was unacceptable. The appeal was refused and Meehan remains serving a life sentence in Portlaoise prison. The decision was upheld by the panel of judges, including Justice George Birmingham. The family expressed relief at the outcome.
Jim Duffy, 45, of Dundalk, pleaded guilty in Dublin Circuit Criminal Court to possessing a stolen John Deere tractor between June and September 2013. The tractor, worth €50,000, was stolen from a Portlaoise farm on 29 May 2013 and later found on Duffy's farm in Hollywood Little, Ballyboughal North Dublin, with altered identifying features and a false UK registration plate. Duffy claimed the tractor had been left on his farm by a man who owed him money and denied ever taking it. He admitted the tractor was stolen but said he could not believe it. Judge Melanie Greally, noting Duffy's lack of serious convictions, adjourned the case to 14 June and ordered a community service report to be prepared by the Probation Service. The case remains pending.
The High Court approved an interim payment of €4.1 million to Andrew Whelan, a 22‑year‑old man with cerebral palsy, as part of a settlement in a medical negligence action. The claim, brought by Mrs Angela Whelan on Andrew's behalf, alleged that a delay in his delivery on 5 August 1993 at Portlaoise General Hospital caused his injuries. The settlement covers Andrew's ongoing care, aids and appliances for the next ten years and includes his legal costs. The court, presided over by Justice Anthony Barr, agreed to adjourn the matter until February 2026. Mrs Whelan stated that while the money cannot repair Andrew's brain or enable him to walk, it will improve his quality of life and ease the family's concerns about his future care. The settlement was reached with the HSE and Dr John Patrick Corristine, who were found negligent for the delay and failure to respond to signs of foetal distress.
The High Court refused to order discovery of documents relating to the security status of Simeon Cosmo Langford, a 32‑year‑old British man wanted in England on charges of attempted murder, grievous bodily harm, theft and assault. Langford, who is also alleged to have breached the conditions of his release from a previous grievous bodily harm sentence, was released on licence on 6 May 2015 and is accused of committing offences between 2 and 11 June 2015. He allegedly fled and travelled to Ireland on 13 June 2015 using a passport under the name Luke Gillespie. Gardaí arrested him in Cork in August 2015 and he was brought before the High Court. In the present hearing, counsel Ronan Munro BL sought documents about Langford's prison conditions in England, citing complaints of inhumane treatment. Justice Aileen Donnelly declined the request, stating that Langford had not provided sufficient evidence that the documents were necessary for the court's functions.
In a murder trial at the Central Criminal Court, the prosecution presented evidence that Zoltan Almasi, a 44‑year‑old Hungarian national living in Harbour View, Naas, attacked 20‑year‑old Joseph Dunne with a baseball bat after Dunne hit a van. The jury heard that on 16 May 2014 Dunne, who lived in Athy with his family, had gone out with friends to Naas, where they met girls and drank near the harbour. While returning to Kildare, Dunne struck a parked van, prompting Almasi to pursue him with a bat. Almasi struck Dunne on the head, causing blunt‑force trauma that led to his death. CCTV footage showed Almasi raising his arm and later running away with the bat. Almasi was arrested, the bat seized, and he pleaded not guilty. The trial continues.
This report details seven extraordinary exonerations in Irish courts, highlighting cases where the justice system failed accused individuals. Among the validated subjects is Nora Wall, a former nun convicted in 1999 of rape, a charge she did not plead to but was found guilty of. She became the first woman convicted of rape in the State's history and the first to receive a life sentence for the crime, handed down by Mr Justice Paul Carney. However, her sentence was quashed after a prosecution witness admitted fabricating evidence, and in December 2005, the Court of Criminal Appeal declared her conviction a miscarriage of justice. Another subject, Michael Hannon, was convicted in 1999 of sexually assaulting a ten-year-old girl, Una Hardester, and assaulted Hannon's father. Hannon received a suspended prison sentence of four years. In 2009, the Court of Criminal Appeal declared his conviction a miscarriage of justice after Hardester admitted her allegations were fabricated for revenge following a land dispute. Christy Lynch, convicted of the murder of Vera Cooney in 1976, was also exonerated. Lynch claimed his confession was extracted under duress by the Garda murder squad. Although the Court of Criminal Appeal initially ordered a retrial, the Supreme Court ultimately set Lynch free, declaring him an innocent man based on the inadmissibility of his coerced statement. These cases underscore significant failures in the Irish legal process.
Brian Kenna, 54, of Crumlin Park, Crumlin, was denied a variation in bail that would have allowed him to drive his wife to a wreath‑laying ceremony in Belfast on 30 January for the former INLA chief‑of‑staff, Gino Gallagher, who was murdered in 1996. Kenna had been arrested in Co. Laois in November by the Special Detective Unit as part of an operation targeting dissident republican activity and was charged at the Special Criminal Court with membership of an unlawful organisation, namely the Irish Republican Army (IRA). At the bail hearing, Detective Inspector William Hanrahan argued that Kenna had been found with documents allegedly intended for senior IRA members and that allowing him to attend the commemoration could expose convicted or charged individuals to the event. Kenna explained that his wife, who walks with crutches, needed a car to travel to Belfast, but he would not attend the ceremony himself.
Eoghan McGarry, a 30‑year‑old serial burglar, was sentenced at Dublin Circuit Criminal Court for a twelfth burglary and possession of stolen jewellery. He pleaded guilty to breaking into St Killian's National School in Tallaght on 1 September 2014 and to possessing nine pieces of stolen jewellery found in his jacket the next day. The court heard he used a rock to smash a window, stole €218 and bank documents, and that a woman in Walkinstown discovered jewellery taken from her home. McGarry admitted the break‑in and said he needed money for a "fix." Judge Melanie Greally imposed a four‑year sentence, extending his existing term by four months, and ordered him to swear an oath to undergo two years of probation supervision upon release, to take medication and engage with mental health services. The sentence was delivered while five prison officers in riot gear stood with riot shields and an officer held a video camera.
The Court of Criminal Appeal adjourned the hearing of Perry Wharrie, a 56‑year‑old Englishman from Loughton, Essex, whose appeal against a 30‑year prison sentence for his role in the €440 million drug seizure at Dunlough Bay in 2007 was set to be heard. The appeal was delayed because the prison escort from Portlaoise Prison failed to arrive at the court on time. Wharrie had pleaded not guilty to possession of drugs for sale or supply, was found guilty by a Cork Circuit Criminal Court jury, and was sentenced to 30 years by Judge Seán Ó Donnabháin on 23 July 2008. The Court of Criminal Appeal, comprising Justices McMenamin, Moriarty and Hunt, noted the escort's failure as "not very satisfactory" and adjourned the case to 11 January 2016. The court also remarked that Wharrie had previously been late at a hearing and that prison authorities had been specifically requested to prevent a repeat.
Brian Kenna, a 54‑year‑old man from Crumlin Park, Crumlin, appeared before the Special Criminal Court on a Sunday hearing. He was charged with membership of the Irish Republican Army (IRA), an unlawful organisation, following his arrest by the Special Detective Unit on 21 November 2015 in the car‑park of Portlaoise Garda Station at 12:08 pm. Detective Sergeant Padraig Boyce explained the arrest to Kenna in ordinary language and warned him. Kenna, wearing a black jumper, did not stand when the charge was read. The State Solicitor, Ms Una Duggan, sought a remand in custody of at least 48 hours. Kenna's counsel, Mr Dean Kelly BL, requested a hearing next Thursday and a bail application, and confirmed a statement of means had been submitted for legal aid. Judge Paul Butler, with Judges William Hamill and Cormac Dunne, remanded Kenna in custody, allowing him to apply for bail until 26 November.
The Court of Appeal has reserved judgment on Brian Meehan's appeal to have his 1999 conviction for the murder of journalist Veronica Guerin declared a miscarriage of justice. Meehan, 47, is serving a life sentence in Portlaoise prison after a 31‑day trial by the Special Criminal Court in July 1999. His appeal is based on new evidence that emerged during the 2001 Special Criminal Court trial of John Gilligan, who was acquitted of Guerin's murder. The new evidence concerns the identification parade of Russell Warren, the "admitted accomplice" and protected witness, who was not identified by Ms Marion Finnegan, a witness who saw someone on the steps of Naas courthouse on the day of the shooting. Meehan's counsel, Hugh Hartnett SC, argues that this failure to identify Warren was unknown to the defence, the court and the prosecution, and therefore constitutes a new fact.
Brian Meehan, 47, serving a life sentence in Portlaoise prison for the 1996 murder of journalist Veronica Guerin, has applied to the Court of Appeal to quash his 1999 conviction on the basis of new evidence. The new evidence concerns facts that emerged during the 2001 Special Criminal Court trial of John Gilligan, who was acquitted of Guerin's murder. Meehan's counsel, Hugh Hartnett SC, argued that the Special Criminal Court had relied solely on the testimony of an "admitted accomplice" and protected witness, Russell Warren, whose credibility was later undermined by a failure to identify him on an identification parade involving witness Marian Finnegan. Hartnett contended that this new fact, unknown to the defence and the court at the time of Meehan's trial, should invalidate the conviction. The Director of Public Prosecutions, Thomas O'Connell SC, opposed the application, asserting that the material was already available to Meehan's lawyers and that the appeal should be dismissed.
The Special Criminal Court trial of Thomas Murphy, 66, of Ballybinaby, Co Louth, continued with cross-examination of a forensic accountant. Mr Murphy, a prominent republican, has pleaded not guilty to nine charges alleging he failed to furnish returns of income, profits, or gains to the Collector General or Inspector of Taxes for the years 1996/97 to 2004. The prosecution alleges that despite significant dealings in cattle and land and receiving farming grants, he did not make returns to Revenue. The case stems from a Criminal Assets Bureau investigation following a 2006 search of a shed on the Northern Ireland border, where ledgers and cheques were seized. Defence counsel John Kearney QC suggested that Mr Murphy's brother, Patrick Murphy, managed the cattle herd, citing documents linking Patrick to the shed and diary entries indicating Patrick contacted Portlaoise regarding Thomas Murphy's payments. The forensic accountant disagreed, stating the documents related to the entire Murphy family and suggested centralized management and an organized bookkeeping system for the enterprise. The accountant clarified that diary entries referred specifically to Thomas Murphy's claims. The matter was adjourned, with the trial set to continue tomorrow morning with further cross-examination.
Brian Fitzpatrick, 50, of Castleross, Dundalk, was sentenced by the Special Criminal Court to five years' imprisonment, with the last two years suspended, after pleading guilty to possession of an explosive substance under suspicious circumstances. The offence was committed on 16 December at Mitchelstown Cross, Castletown, Navan, Co. Meath. Fitzpatrick pleaded guilty to one of the two counts shortly after the incident and has shown remorse. The court heard that he suffered severe psychiatric problems following a brutal assault 18 years earlier, which left him unable to work and depressed, and that he had received ongoing mental‑health treatment. He is described as a family man; his wife said she would be "lost without him" and that he had helped her after a fall. Fitzpatrick had raised funds for foreign missions and had worked with underage groups in his local GAA club. He had previously worked on boats and in factories in the UK to support his family.
Michael McHugh, convicted of the 1985 murder of Garda Sergeant Patrick Morrissey, has lost a High Court action seeking his immediate release from prison. McHugh, with an address in County Armagh, was sentenced to death for the killing, which occurred following an armed robbery at Ardee Labour Exchange in County Louth. His sentence was subsequently commuted to 40 years penal servitude. McHugh argued he was entitled to credit for five months spent in pre-trial custody between July and December 1985, contending this entitled him to release after 30 years served. Mr Justice Paul McDermott dismissed the action, finding the court had no function in compelling the Minister for Justice to grant further sentence remission or commutation. The judge stated the Minister retained discretion to consider McHugh's claim but was not obliged to do so, and was entitled to consider the gravity of the offence. McHugh has served his sentence at Portlaoise Prison and is due for release in December. A related action remains pending before the High Court.
Lee McDonnell (24), the appellant, appeared before the Dublin Circuit Criminal Court during an appeal regarding his sentence for escaping from lawful custody on Tyrconnell Road, Inchicore on December 17, 2015. McDonnell admitted to the charge and pleaded guilty. The court heard that he had previously been serving a nine-year sentence for aggravated burglary, during which he broke into a house, assaulted a man with a replica gun, stole a car, and later robbed a petrol station using the stolen vehicle. His sentence was extended by two years earlier this year, pushing his release date to September 2021. During the appeal, Judge Martin Nolan imposed an additional ten-month sentence, extending his release date to 2022. The judge stated that the sentence must be consecutive to his current term and that there is no maximum sentence for escaping custody. McDonnell was not affected by any remission for good behaviour but was deprived of leisure activities, visits, and the right to wear his own clothes for 56 days. The matter was adjourned following the proceedings.
David Gallagher, 38, of Marley Court, Drogheda, pleaded guilty on 25 May 2014 to possession of explosive substances and devices, including PETN, RDX, a 50‑litre beer keg adapted as a bomb, 50 kg of homemade ammonium nitrate, an improvised detonation cord, steel booster tube and time‑and‑power unit. He was sentenced by the Special Criminal Court to eight years' imprisonment, with two years suspended, back‑dated to 20 August last year. The court noted that the bomb was armed, completed and ready to be moved, and that Gallagher had no prior convictions of significance. He was observed by detectives transferring the bomb from his van to a red Volkswagen Passat, where it was found. Gallagher gave evidence that he had no intention of future involvement in republican military activity and applied for transfer from Portlaise to Castlerea Prison. The judges considered his lesser role compared with Gareth Mulley, who received ten years' imprisonment.
Brian Fitzpatrick, 49, of Castleross, Dundalk, pleaded guilty at the Special Criminal Court to possessing two complete Improvised Explosive Devices in County Meath. The devices were allegedly in his possession on 16 December 2014 at Mitchelstown Cross, Castletown, Navan. The judge remanded him on continuing bail to return on 29 October for sentencing.
Michael McHugh, convicted in 1985 of the murder of Garda Sergeant Patrick Morrissey, is seeking immediate release from Portlaoise Prison in High Court proceedings against the Governor, the Minister for Justice, the Irish Prison Service, and the DPP. McHugh was originally sentenced to death, a penalty commuted to 40 years' penal servitude by President Patrick Hillery. He argues that he is entitled to credit for five months of pre-trial custody served between July and December 1985, which would mean his sentence expired on July 1, 2024. The State parties oppose the application, contending that McHugh has no automatic entitlement to this credit and that the authorities lack the power to adjust the sentence given the original death penalty. McHugh's counsel, Micheal Ó Higgins SC, submitted that the decision to ignore those months was wrong and that the failure to grant credit breaches his rights to natural and constitutional justice. He also challenges the rejection of his pre-release programme application. The defendants argue that McHugh does not have the power to take the five months into account as the original court sentence imposed was the death penalty. The hearing before Mr Justice Paul McDermott continues.
A Lithuanian man, Deivydas Zigelis, aged 37, will stand trial in 2016 for the murder of a 26‑year‑old Latvian man in County Laois. Zigelis, who lives on Spa Street, Portarlington, was arraigned at the Central Criminal Court and pleaded not guilty to murder but guilty to manslaughter of Alexander Karpov on 15 February 2014. The prosecution's counsel confirmed that a jury would still be required. A jury of seven men and five women was sworn in, but the trial was postponed to the next list, with a new date set for 28 November 2016.
The trial of Deivydas Zigelis, a 37‑year‑old Lithuanian, charged with murdering a 26‑year‑old Latvian in County Laois, was postponed. Zigelis was arraigned before the Central Criminal Court, pleaded not guilty to murder but guilty to manslaughter of Alexander Karpov. The prosecution confirmed a jury would still be required. Judge Patrick McCarthy said the case will be rescheduled for a future hearing.
A Lithuanian man, Deivydas Zigelis, 37, will stand trial this Thursday in the Central Criminal Court for the murder of a 26‑year‑old Latvian man in County Laois. Zigelis, who lives on Spa Street, Portarlington, pleaded not guilty to murder but guilty to manslaughter of Alexander Karpov on 15 February 2014. The prosecution has requested a jury, which has been sworn in and is expected to hear the case for four to five days.
Brian Meehan, 47, from Crumlin, is serving a life sentence in Portlaoise prison for the 1996 murder of journalist Veronica Guerin. He was convicted in a 31‑day trial before the Special Criminal Court in July 1999 and also jailed on drugs and firearms charges. Meehan has applied to have his 1999 murder conviction quashed on the basis of new evidence that emerged during the 2001 Special Criminal Court trial of John Gilligan. The Court of Appeal scheduled his application for hearing on 19 and 20 November. The DPP's counsel, Paul Anthony McDermott, said the State needed two more weeks to prepare submissions, citing the volume of material since the murder. The DPP's motion to dismiss Meehan's application was refused last year, and the Court of Appeal will now consider whether the case should proceed. The hearing will focus on whether the new evidence constitutes a miscarriage of justice.