Ex-wrestler Imre Arakas, a former Estonian separatist who was 'scarred deeply' by imprisonment in Russia, was remanded in custody until December 12 for sentencing. Arakas admitted to conspiring with others not before the court to murder James Gately in Northern Ireland between April 3rd and April 4th last year, contrary to Section 71 of the Criminal Justice Act 2006. The court heard that Arakas purchased a wig in Dublin and used an encrypted Blackberry phone to receive information about Gately's movements. Gardai began an intelligence-led investigation after receiving confidential information about the targeting of Gately by individuals involved in organised crime. Arakas was placed under surveillance upon his arrival in Dublin on April 3, 2017, and was followed to Blakestown Cottages in Dublin 15, where he was arrested the following day. A Blackberry phone, a piece of paper with Estonian writing and the name 'James Gately…in Newry' in English, a mirror, and cash were found at the scene. The Blackberry phone was encrypted and password protected, and messages were found on it that detailed plans to target Gately. The messages were almost instantly deleted after Arakas' arrest, but a garda managed to photograph the open messages before they were removed. The court heard that Arakas had four previous convictions, including causing deliberate bodily harm, escaping from prison, and unlawful handling of firearms. The matter was adjourned and will be sentenced on December 12.
In October 2018, a Polish man named Andrezej Pacek, aged 44 and currently serving a ten‑year prison sentence for a drug offence, was denied legal aid to defend a Criminal Assets Bureau claim that a commercial property in Hollyford, Co. Tipperary, where about €1 million of cannabis was found, was purchased with proceeds of crime. Pacek, who lives in Deerpark, New Ross, Co. Wexford, had earlier been convicted in 2017 for possession of a controlled drug worth €13 000 or more, with six years of his sentence suspended. The CAB argued that the Hollyford house was bought with illicit funds, citing unexplained four‑figure deposits into Pacek's bank accounts before the purchase. Pacek claimed the property was bought with savings from selling his Polish transport business in 2006. Ms Justice Carmel Stewart dismissed his legal aid application, noting translation difficulties and a lack of supporting documentation, and adjourned the case to November.
Brendan Cummins, a 23‑year‑old former Leinster boxing champion, was sentenced to three years' imprisonment for punching a prison officer at Portlaoise Prison on 20 February 2017. Cummins had 97 prior disciplinary sanctions and 11 previous assault convictions, including an earlier assault on a prison officer at Cloverhill Prison on the same date. The attack, described as unprovoked, broke the officer's nose and cut his inner lip, causing the officer to suffer headaches and a loss of smell. Cummins pleaded guilty to assault causing harm. Judge Patricia Ryan imposed a three‑year sentence, suspending the final year due to his age, and ordered that he have no contact with the officer or his family for 25 years. The court noted Cummins' plea and the prison punishments already imposed, including a year of solitary confinement.
Brian Rattigan, aged 37, remains in custody after the Court of Appeal dismissed his appeal against a conviction for directing the supply of drugs from prison. He had pleaded not guilty in the Special Criminal Court to possession of heroin and two counts of possession of the drug for sale or supply on Hughes Road South, Walkinstown, Dublin 12, on 21 May 2008. The court found him the director of a drugs gang that conducted a €1 million heroin deal and sentenced him to 17 years in prison, backdated to June 2008. Rattigan appealed on eight grounds, including alleged errors in search warrants, admission of evidence and the value and purity of the drugs. The appeal was dismissed by a three‑judge panel, who upheld the trial court's findings and the conviction as safe. The decision was delivered by Mr Justice John Edwards, with Mr Justice John Hedigan and Mr Justice Brian McGovern.
Brian Rattigan, a 37‑year‑old from Cooley Road, Drimnagh, faces arraignment on 1 January 2001 murder charge. He is accused of killing 21‑year‑old Declan Gavin outside the Abrakebabra fast‑food at Crumlin Shopping Centre on 25 August 2001. The Central Criminal Court had scheduled a trial for 14 January next year, but his barrister requested an earlier arraignment. The court granted the request, setting 22 October as the arraignment date, while a governor's report from Portlaoise Prison is to be prepared. The prosecution will not present evidence on that day.
Two Dublin men, Kevin Braney (44) and Ciaran Maguire (30), were convicted of IRA membership by the Special Criminal Court and sentenced to four years and six months and four years and eleven months respectively. The court found that on 13 July 2017 they travelled from Dublin to an estate in County Meath, where they threatened an accident victim, claiming to be the IRA and threatening to shoot him if he did not withdraw a claim. The victim, who had fallen from a roof and suffered fractures, had filed a claim against his former employer over unpaid wages and hospital bills. Evidence from CCTV and the National Surveillance Unit corroborated the men's travel and threat. The judge relied on belief evidence from Detective Chief Superintendent Tom Maguire, concluding beyond reasonable doubt that the men were IRA members and had threatened the victim. The sentences were back‑dated to 2 August 2017 when the men entered custody. Kevin Braney was acquitted.
Kevin Hannaway, a 70‑year‑old from Belfast, was sentenced by the Special Criminal Court to three years and nine months in prison for aiding the IRA in interrogations that led to arrests. The court reduced the original six‑year sentence because of his age and serious PTSD, which includes anxiety attacks, heart problems, nightmares and physical symptoms triggered by prison conditions. Hannaway was one of several men interned at a secret base in Derry in 1971 where he endured inhumane treatment, including white noise and deprivation of sleep, food and drink. The European Court of Human Rights described that treatment as inhumane and degrading. The court also sentenced his co‑accused: Seán Hannaway to five years and six months, David Nooney to three years and nine months, Edward O'Brien to 16 months, and Eva Shannon to four years. All five were granted legal aid for appeal. Eva Shannon was found guilty. Kevin Hannaway was convicted.
In a Special Criminal Court hearing, Kevin Braney (44) and Ciaran Maguire (30) were found guilty of IRA membership. The men had denied membership on August 2, 2017, but evidence from Detective Chief Superintendent Tom Maguire and CCTV showed they travelled from Dublin to an estate in County Meath on July 13, 2017. There, they threatened an accident victim, claiming to be the IRA and saying they would shoot him if he did not withdraw a claim against a former employer. The victim, who had suffered a fall and injuries, had filed a claim for unpaid wages and hospital bills. The court, satisfied beyond reasonable doubt of the men's IRA membership, found the threat a planned, joined enterprise to intimidate. Both men were remanded in custody until sentencing on July 31. The offence carries a maximum sentence of eight years. The court noted the men's family circumstances and prior convictions but did not yet impose a sentence.
The Special Criminal Court has adjourned a voir dire hearing to rule on the admissibility of DNA evidence in the trial of Jonathan Keogh, Regina Keogh, and Thomas Fox, who are accused of murdering Gareth Hutch. All three defendants, who have pleaded not guilty to the murder, face charges related to the May 24, 2016, shooting outside Avondale House in Dublin. Mr Fox has additionally denied unlawfully possessing a Makarov 9mm handgun. Defence counsel for Mr Keogh argued that DNA samples taken from him in October 2017 for a separate, unprosecuted offence should be inadmissible, claiming the State had no interest in prosecuting that matter. Prosecuting counsel countered that the investigation was bona fide and the samples were necessary to compare against a mixed DNA profile. The court also heard evidence regarding forensic examinations of vehicles, including a Honda Civic where Mr Keogh's fingerprints were found on a knife and other items, and a white van where Mr Fox's fingerprints were identified on a spray paint cap and plastic bag. The prosecution contends the killing was premeditated, with Mr Keogh and an accomplice acting as shooters, while Mr Fox and Ms Keogh planned the crime. The three-judge panel, presided over by Mr Justice Tony Hunt, will deliver its ruling on the DNA evidence's admissibility on Monday, after which the trial will continue.
Brian Rattigan, 37, of Cooley Road, Drimnagh, appealed his conviction for directing a €1 million heroin supply from prison. He had pleaded not guilty at the Special Criminal Court to possession of heroin and two counts of possession for sale or supply on Hughes Road South, Walkinstown, on 21 May 2008. The court found him the director of a drugs gang and sentenced him to 17 years, back‑dated to June 2008, to run concurrently with a life sentence for the murder of 21‑year‑old Declan Gavin. The Supreme Court quashed the murder conviction in December 2017. Rattigan's counsel argued insufficient evidence of possession and control, citing lack of drug purity testing and questionable expert testimony. He also challenged the validity of warrants used in the case. The Court of Appeal reserved judgment on the appeal.
In a sting operation, a Garda officer disguised as a postman used an An Post van to deliver a parcel containing 36,000 ecstasy tablets to Philip Noonan, who signed for it and was immediately arrested. Customs had flagged the package as suspicious after it arrived from Germany to Portlaoise Mail Centre in June 2015. The parcel, addressed to Noonan, was found to contain MDMA tablets worth €288,000. Noonan, aged 49, had previously been convicted of 20 offences, including a robbery in 1992, and was charged with possessing drugs for sale or supply. He pleaded guilty at his trial in Dublin Circuit Criminal Court and was sentenced to two and a half years' imprisonment. The judge noted he was not the owner of the drugs but had knowingly received the package for onward delivery. The sentence reflected the seriousness of the drug‑dealing activity, despite mitigating circumstances.
In a Court of Appeal hearing on 8 June 2018, Private Dean Kane, aged 24 and a year into service with the 27th Infantry Battalion, was discharged from the Defence Forces for pointing a cocked and loaded Steyr automatic rifle at a fellow private while joking in his barracks. Kane had previously pleaded guilty in a summary Court Martial to three counts of negligent performance of duty and one count of conduct prejudiced to good order. He had loaded the rifle with a 30‑round magazine, cocked it, and pointed it near another soldier, then lied to a Corporal about the magazine. The military judge's sentence was upheld by a three‑judge Court of Appeal, which found no error in the judge's approach. Kane's conduct was deemed a serious breach of weapon safety protocols, and he was discharged by order of the military judge in March 2018. The appeal was dismissed, confirming the discharge and the seriousness of the offence.
In a Special Criminal Court hearing, Kevin Braney (44) and Ciaran Maguire (30) pleaded not guilty to IRA membership. They told a witness that they would shoot him if he did not drop a claim against a former employer. The witness, who was at home in Longwood on 13 July, heard heavy knocking, saw the two men, and was told they were IRA members. They claimed the witness had a claim against his former employer, who allegedly did work for republicans in Portlaoise prison, and urged him to drop the claim, calling it fraudulent. The witness said he was shocked and that he had indeed a claim for hospital bills after a fall on a roof. The court also heard that the men were seen driving from Dublin to Longwood that day. The trial continues before Mr Justice Tony Hunt.
Garda Paul Leavy, who was off duty when burglars broke into his father‑in‑law's house in Tallaght on 8 December 2012, sustained serious injuries including stab wounds to his eye, shoulder, hand and chest. He applied for compensation under the Garda Compensation Acts, but the Minister for Justice refused the claim, ruling the injuries were not malicious or reckless. Leavy's lawyers argue the refusal is unreasonable, factually unsustainable and breaches fair procedures. The High Court has been asked to quash the Minister's decision and declare that the Minister and Oireachtas cannot constitutionally deny him access to the courts. Mr Justice Seamus Noonan granted permission ex‑parte, setting a return date for April. The case remains a judicial review challenge to the Minister's refusal.
Brian Rattigan, 38, was convicted in a Special Criminal Court of directing a €1 million heroin supply from prison. He pleaded not guilty to possession of heroin and two counts of possession for sale or supply on Hughes Road South, Walkinstown, on 21 May 2008. The court found him the director of a drugs gang and sentenced him to 17 years, back‑dated to June 2008, to run concurrently with a life sentence for the murder of 21‑year‑old Declan Gavin. The murder conviction was later quashed by the Supreme Court. Rattigan's appeal against the drug conviction is scheduled for 5 June 2025. The appeal is solely against conviction; counsel expects it to finish in under a day. Rattigan was not present at the hearing. The trial relied on evidence of a €1 million heroin haul, mobile phone texts detailing drug distribution, and a diary found in his prison cell.
Seamus McGrane, 63, of Dromiskin, County Louth, was sentenced to eleven and a half years in prison for directing the activities of a terrorist organisation and six and a half years for IRA membership. The Special Criminal Court convicted him in October of directing the IRA between April 19 and May 13, 2015, and membership from January 18, 2010, to May 13, 2015. McGrane, who denied both charges, was found to have plotted an explosion during Prince Charles's State visit, targeting the Cross of Sacrifice in Glasnevin. The sentences run concurrently. His ally, Donal O'Coisdealbha, pleaded guilty to IRA membership on May 13, 2015, and was jailed for five and a half years. The court noted McGrane's previous convictions, including a 2001 sentence for firearms training, as aggravating factors. Ms Justice Isobel Kennedy dismissed a letter from Eamon O'Cuiv TD as unconvincing. The judge highlighted that significant explosive materials, including Semtex and detonators, were found at locations linked to McGrane and O'Coisdealbha. This marks the second conviction for directing terrorism in the State, following Michael McKevitt's 2003 sentence.
The High Court has ordered the surrender of Damien Joseph McLaughlin to Northern Ireland under a European Arrest Warrant. McLaughlin, 40, was arrested in Donegal and faces allegations that he aided and abetted the murder of prison officer David Black on November 1st, 2012. He is also charged with engaging in conduct in preparation for acts of terrorism and being a member of a proscribed organisation. These charges remain alleged or contested, with no plea, finding, or sentence recorded at this pretrial stage. His barrister, David Leonard BL, opposed the surrender, arguing McLaughlin would face inhumane treatment due to full-body searches in Maghaberry Prison. Ms Justice Aileen Donnelly initially sought further information from Northern Irish authorities regarding the necessity of these searches. The Head of the Northern Irish Prison Service responded that such measures were necessary to address severe threats from dissident republicans, noting that alternative technologies had not proven equally effective. Ms Justice Donnelly accepted that full-body searches were necessary in the specific high-risk context of Northern Ireland and did not contravene Article 3 of the European Convention on Human Rights. Consequently, the court rejected the objection and ordered McLaughlin's surrender.
Real IRA leader Seamus McGrane was bugged by the Gardai as he plotted in a well-known Dublin pub with another man to carry out an operation involving explosives during the run-up to the State visit of Prince Charles two years ago. The Garda National Surveillance Unit planted a sophisticated listening device in the snug of the Coachman's Inn on the Airport Road, which recorded conversations between McGrane – a founder of the Real IRA – and engineering graduate Donal O'Coisdealbha. McGrane (63), from Dromisikin in Co Louth, is only the second person to be convicted of directing a terrorist organisation in the State. His former colleague and fellow founder of the Real IRA Michael McKevitt was jailed for 20 years in 2003 for directing terrorism between August 1999 and October 2000. He was released from prison in 2016. During McGrane's trial at the Special Criminal Court, during which there was no cross-examination of prosecution witnesses, the court heard recordings of the conversations between McGrane and O'Coisdealbha in April, 2015. McGrane told O'Coisdealbha: 'Go with whatever plan you wish. I think he's coming on the 19th (a reference to Prince Charles). I don't like an embarrassment.' McGrane then mentioned 'military significance.' 'Symbolic,' O'Coisdealbha replied. 'Symbolic is right,' replied McGrane. The two men were heard in the recording of April 19th discussing a location 'around 400 metres from the target.' Detective Sergeant Padraig Boyce said that the location being discussed was approximately 400 metres from the Cross of Sacrifice, a monument in Glasnevin Cemetery commemorating British and Irish soldiers who fought in World War 1. The two men were also recorded discussing a bomb found on a train line in Northern Ireland in February 2015 and an attack on MI5 Headquarters in London in April, 2010. The court also heard that gardai found bomb making components in a field adjacent to McGrane's house. McGrane was jailed for four years by the Special Criminal Court in 2001 after he pleaded guilty to training others in the use of firearms.
The Charleton tribunal heard evidence on October 23rd regarding threats made against Garda Keith Harrison's life in October 2013. Chief Superintendent Terry McGinn of Donegal division outlined how two anonymous 999 calls on 4th and 5th October reported threats against Garda Harrison. The first call described an overheard conversation in a Strabane bar, and the second indicated the threat originated from a relation of Martin McDermott, who was imprisoned following a manslaughter conviction. McDermott was the brother of Garda Harrison's partner. The threats were assessed as substantial, leading to security measures and restrictions on Garda Harrison's movements. A mobile phone subsequently located in Portlaoise Prison resulted in McDermott's release date being postponed. The tribunal also examined contacts between gardaí and HSE/Tusla regarding Garda Harrison. Superintendent Eugene McGovern, stationed in Buncrana, confirmed attending meetings with Tusla management but stated that individual cases were not discussed at such forums. A referral concerning Garda Harrison's partner and her children resulted in no further action pending additional information.
A High Court judge has requested further information on strip searches in a Northern Ireland prison before deciding on the extradition of an unnamed 40-year-old defendant. The defendant, Mr Damien Joseph McLaughlin, was arrested in County Donegal last March under a European Arrest Warrant issued by Northern Ireland authorities. He is wanted in connection with the murder of prison officer David Black in 2012, as well as charges related to engaging in conduct in preparation for acts of terrorism and being a member of a proscribed organisation. The maximum penalties applicable to each of the four offences are ten years, 15 years, and two penalties of life imprisonment. The judge rejected claims that restrictions on movement or strip searches in Maghaberry prison would constitute inhuman or degrading treatment. However, she noted that the use of full-body searches may be unnecessary due to available technology, as indicated by credible evidence from a Joint Oireachtas Committee. The judge requested further information from the Minister for Justice and the UK regarding the use of such technology. A resumed hearing will take place on November 21, and Mr McLaughlin was remanded in custody until that date.
John Coonan, a former security guard, appeared before Dublin Circuit Criminal Court on appeal regarding his conviction for importing 41,360 ecstasy tablets. Coonan pleaded guilty to one count of importing the drugs at Clarence Mangan Road, South Circular Road, Dublin 8, on June 25, 2016. He alleged that he committed the offence under duress after men threatened to harm his fiancée. Judge Cormac Quinn accepted that Coonan acted out of fear rather than for monetary gain, noting his lack of previous convictions. However, the judge emphasized that couriers play an essential role in the drugs trade. The court handed down a six-year sentence but suspended the final three years on a number of conditions, resulting in an effective custody period of three years. Coonan had previously made admissions to gardaí, stating he was given a throw-away phone and instructed to pick up the package, which was intercepted at Portlaoise mailing centre. Defence counsel argued that Coonan's role was small within a larger enterprise orchestrated by others. The court also noted that Coonan has since obtained full-time employment and is involved in community support activities.
Brian Kenna, 54, of Crumlin Park, Dublin, was convicted by the Special Criminal Court of membership in the Irish Republican Army (IRA). Kenna had denied being a member of the unlawful organisation on 21 November 2015. The court heard testimony from Garda Assistant Commissioner Michael O'Sullivan, who believed Kenna was an IRA member on that date. Evidence included a briefing by Chief Superintendent Tom Maguire to the Special Detective Unit (SDU) that Kenna would be in Portlaoise prison engaging in IRA activities. CCTV footage showed Kenna arriving at Portlaoise prison at 10:20 am and leaving with white objects that were later identified as Christmas cards. While being searched in the prison carpark, a small item wrapped in cling film was found in Kenna's pocket. The item was an IRA communiqué containing three cigarette papers with handwritten notes. The message detailed a debriefing of three men who had been arrested after an intercepted IRA operation in Rathkeale, County Limerick.
During the Special Criminal Court hearing on 5 May 2017, the prosecution alleged that Brian Kenna, 54, used Christmas cards to smuggle a "secret and sensitive" IRA communiqué out of Portlaoise prison. Prosecutor Ronan Kennedy presented CCTV evidence showing Kenna carrying fifteen Christmas cards and later being stopped in the carpark where a document fell from his right jeans pocket. Kennedy argued the pocket was not accidental and that Kenna was aware of the contents, describing the cards as a perfect cover for a sinister document. Kenna's defence, led by Siobhan Stack, contended that the case hinged on a single document that did not mention him or the Gardaí's interception, and that there was no evidence Kenna had seen it. Judge Tony Hunt remanded Kenna on continuing bail until the verdict next Thursday.
In a Special Criminal Court hearing, Brian Kenna, 54, pleaded not guilty to membership of the Irish Republican Army. The court considered handwriting evidence from an alleged IRA communiqué smuggled from Portlaoise prison. Detective Garda John Sweetman examined the communiqué, written on three cigarette papers, and compared it with Christmas cards Kenna carried. He concluded the comparison was inconclusive and could not reliably determine common authorship. The trial is set to resume on Friday morning before Mr Justice Tony Hunt, Judge John O'Hagan, and Judge Flann Brennan.
The Special Criminal Court heard evidence regarding a secret communiqué allegedly smuggled out of Portlaoise prison by Brian Kenna. Kenna, who pleaded not guilty to membership of the IRA, was found with the document in his pocket during a search. Detective Chief Superintendent Tom Maguire testified that the message, written on cigarette paper, was a debriefing of three men involved in an intercepted IRA operation, intended for the group's leadership in Northern Ireland. The debriefing concerned Conor Hughes and Darren Fox, who admitted to the unlawful possession of a sawn-off shotgun and two shotgun cartridges in County Limerick, and James Smithers, who was found guilty of IRA membership. Maguire stated the debriefing was conducted by the IRA's commanding officer in Portlaoise prison and referenced three other leading members in Northern Ireland. Kenna was interviewed under Section 2 of the Offences Against the State (Amendment) Act, 1998, allowing inferences to be drawn from his silence. He denied travelling to the prison for IRA activities, claiming he visited in his capacity with the Irish Prisoners' Welfare Association to raise welfare concerns. Kenna stated he was unaware of the note, suggesting it may have been hidden among Christmas cards handed to him. The trial continues before Mr Justice Tony Hunt, sitting with Judges John O'Hagan and Flann Brennan.
In a Special Criminal Court hearing, judges ruled that the search and arrest of Brian Kenna, 54, were lawful. Kenna, who lives in Crumlin, Dublin, pleaded not guilty to membership of the unlawful organisation Oglaigh na hEireann (IRA). The court accepted that Detective Sergeant Padraig Boyce had reasonable suspicion to stop and search Kenna outside Portlaoise prison after an alleged IRA communiqué fell from his pocket. The judge confirmed Boyce's independent view that Kenna was an IRA member. The court will decide tomorrow on an application challenging the legality of the car search.
In the Special Criminal Court, Brian Kenna, 54, of Crumlin, pleaded not guilty to membership of the Irish Republican Army (IRA) on 21 November 2015. The court heard that a detective searched Kenna outside Portlaoise prison after an alleged IRA communiqué fell from his pocket. On 26 April 2017, Kenna's solicitor, Siobhan Stack SC, argued that the search and arrest were unlawful, claiming the detective had only very general information and lacked sufficient suspicion to justify stopping and searching Kenna. Judge Tony Hunt, with Judges John O'Hagan and Flann Brennan, will decide the matter tomorrow.
Brian Kenna, 54, of Crumlin Park, was arrested by Gardaí while allegedly smuggling an IRA communiqué out of Portlaoise prison on 21 November 2015. He pleaded not guilty to membership of an unlawful organisation, namely Oglaigh na hEireann (the IRA). Detective Sergeant Padraig Boyce, of the Special Detective Unit, informed Kenna that he would be searched under Section 30 of the Offences Against the State Act. During the search, Kenna's jeans pockets yielded a small paper wrapped in cling film, which Boyce identified as an IRA communiqué. Kenna denied knowledge of the paper and laughed. He claimed he was visiting two prisoners, Tony Carroll and Kevin Devlin. The prosecution presented evidence that Kenna was a representative of the Irish Republican Prisoners' Welfare Association and that he was an IRA member on the date in question. The defence, led by Siobhan Stack SC, challenged the legality of the stop and search, the arrest, detention and seizure of Kenna's car.
Mark Hurley, aged 22, pleaded guilty to burglary of Pinocchio's toy store on Paul Street, Cork, on 22 December 2014. He broke a window, stole €1,200, a charity collection box and an i‑pod nano, and damaged a card‑reading machine, hindering the shopkeeper's ability to process card transactions during the busy Christmas period. Hurley left a palm print that led to his identification. He had 33 prior convictions, including 23 burglaries and 15 offences committed while on bail, and had recently been released from Portlaoise prison on temporary release. The Circuit Court had sentenced him to six years' imprisonment, with the final two years suspended. On appeal, the Court of Appeal found the starting point too high and re‑sentenced him to five years' imprisonment, again with the final two years suspended. He was required to enter a good‑behaviour bond for the suspended period.
Gerard Brown, 34, was convicted by a jury at Portlaoise Circuit Criminal Court of assaulting fellow inmate Stephen Cooper in the Midlands Prison on 20 May 2014. Brown was sentenced to three years imprisonment, consecutive to a term already being served. Brown appealed the sentence, arguing that the offence was committed in prison and that the judge had double‑counted aggravating factors. He also claimed that Cooper had consented to the assault, having requested Brown to attack him to facilitate Cooper's early release on safety grounds, and that Cooper had agreed to provide Brown with documents, information and €1,000. Cooper denied any consent or agreement. The Court of Appeal, with Mr Justice Alan Mahon presiding, dismissed the appeal, holding that the sentence was not unduly harsh and that the fact the offence occurred in prison should not have been treated as an aggravating factor. The appeal was dismissed by the Court of Appeal.
In a Special Criminal Court hearing, a former accused who became a prosecution witness in the Peter Butterly murder case was informed two days before he gave a statement to the gardai that his murder charge would be dropped. The case involves two Dublin men, Edward McGrath (35) and Sharif Kelly (47), who pleaded not guilty to the alleged murder of 35‑year‑old Peter Butterly, who was shot outside The Huntsman Inn in Gormanston on 6 March 2013. McGrath also pleaded not guilty to firearms offences. A third accused, Dean Evans (24), failed to appear and has not been located. The court also heard cross‑examination of David Cullen, who had previously offered statements on several IRA‑related cases, including Butterly's shooting. Cullen claimed he was told the murder charge would be dropped before he gave his statement, a claim that his counsel, Giollaíosa Ó'Lideadha SC, used to question the admissibility of Cullen's evidence.
Raymond Malone, aged 33, was stopped by gardai on the Tallaght by-pass on 6 June 2015 after driving a van from London that he had flown to collect. The van contained 25,300 diazepam tablets, worth €25,300, and 23.7 kg of benzocaine, a mixing agent used to bulk cocaine, worth €11,850, hidden in a false compartment. Malone pleaded guilty at Dublin Circuit Criminal Court to possession of diazepam and benzocaine. He had previously been convicted of 11 road‑traffic offences. Judge Pauline Codd found Malone had acted with "wilful blindness" and that his role was that of a courier with little profit. She imposed a three‑and‑a‑half‑year sentence, suspended for four‑and‑a‑half years, citing his early plea, lack of drug habit, and testimonials. The case highlighted the use of benzocaine as a cutting agent in the drug trade.
In a 2017 court hearing, detectives investigating the 2013 murder of Peter Butterly denied that any offer was made to drop a murder charge against an accused who later became a prosecution witness. The case involves Edward McGrath, Sharif Kelly, and a missing third accused, Dean Evans. McGrath and Kelly have pleaded not guilty to murder and firearms offences. The Special Criminal Court proceeded with McGrath and Kelly after Evans' absence. Lawyers challenge the admissibility of evidence from state witness David Cullen, who was originally accused of the murder. Detective Chief Superintendent Tom Maguire testified that he received a call from Cullen's solicitor on 6 June 2014, who sought immunity, witness protection, and financial assistance for Cullen. No commitment was made, and the detectives reported the matter to authorities. Subsequent meetings with Cullen's solicitor and the DPP were held, but no formal deal was confirmed. The judge requested details of any decision to drop the charge.
In 2014, Gerard Brown, aged 34, assaulted fellow inmate Stephen Cooper in the Midlands Prison. Cooper, an ex‑garda serving a fraud and perverting the course of justice sentence, was being escorted to the gym when Brown struck him on the head with a mug hidden in a sock. Brown admitted the assault but claimed Cooper had asked him to do it to help orchestrate Cooper's early release on safety grounds, and that Cooper had agreed to provide documents, information and €1,000 in return. Cooper denied any consent or agreement. Brown was convicted by a jury at Portlaoise Circuit Criminal Court and sentenced to three years' imprisonment, consecutive to his existing term. He has appealed the sentence, arguing the judge erred in treating the offence as aggravated because it occurred in prison, and that the consecutive sentencing provisions were a "double loading." The Court of Appeal has reserved judgment on the appeal.
The Special Criminal Court trial of Edward McGrath and Sharif Kelly, who have pleaded not guilty to the alleged murder of Peter Butterly and firearms offences, continues before Mr Justice Tony Hunt. A third accused, Dean Evans, failed to appear and has not been located, prompting the non-jury court to proceed with the two co-accused. The proceedings currently focus on a voir dire, or trial within a trial, to determine the admissibility of evidence from state witness David Cullen, who was originally accused of the murder. Defence counsel for Mr Kelly challenged Detective Superintendent Alf Martin, the senior investigating officer, suggesting he deliberately withheld information regarding how Cullen became a prosecution witness. The detective denied deliberately concealing facts, stating there was no deal to drop charges, though he acknowledged a phone call where a solicitor's notes referenced a dropped murder charge. Former Witness Protection Program chief superintendent John Gilligan testified that he was informed of Cullen's potential application in June 2014 and arranged his transfer for safety. The court is assessing these testimonies to decide whether Cullen's evidence should be admitted. The trial remains ongoing, with no final verdict or sentence issued.
In a dissident republican murder trial, defence counsel for Edward McGrath, Sharif Kelly, and the absent Dean Evans challenged the admissibility of evidence from State witness David Cullen, who had originally been an accused. Cullen, a 35‑year‑old former suspect, agreed to testify for the prosecution in exchange for immunity from the murder charge and a lesser offence. He provided information on the car, gun, and planning of the shooting, and also on another high‑profile murder. Cullen was in Portlaoise Prison when the deal was struck, later moved to Midlands Prison, and gave a statement on 27 June 2014. He was sentenced on 2 July 2014 to seven years' imprisonment for possession of a firearm, with three and a half years suspended. Defence argued that procedural failures made Cullen's testimony unreliable, and the court will decide on its admissibility. The trial is presided over by Mr Justice Tony Hunt. Edward McGrath pleaded not guilty. Sharif Kelly pleaded not guilty.
Musuala Lombe, a 34‑year‑old father of four originally from the Democratic Republic of the Congo, was sentenced to one year in jail after a jury at the Dublin Circuit Criminal Court found him guilty of unlawful possession of a controlled drug and possession of cannabis for the purpose of sale or supply. The offence stemmed from a €20,000 package of cannabis that arrived from Belgium in 2009 and was seized by Gardaí in a Ballycullen, Dublin 24, operation. Lombe was arrested after signing for the package, and a cannabis crusher and a €1,500 Western Union transfer were also seized. The judge, Elma Sheahan, suspended the final year of a two‑year sentence on the condition that Lombe attend a drug‑addiction support service. The court noted that Lombe, who has lived in Ireland since 2000, may face deportation following the conviction.
During a Court of Appeal hearing on 21 December 2016, Gerard Brown, aged 34, was found guilty of assaulting fellow inmate Stephen Cooper, an ex‑garda, on 20 May 2014 at Midlands Prison. Brown had been sentenced to three years' imprisonment, consecutive to a term already served, after a jury at Portlaoise Circuit Criminal Court convicted him of assault causing harm. Brown claimed that Cooper had requested the assault to facilitate his early release on safety grounds, alleging that Cooper had instructed him to "not hold back" and to "just make sure there is blood", and that Cooper had offered documentation, information and €1,000 in return. Cooper denied any consent and insisted there was no agreement.
The trial of Bernadette Scully, 58, a GP accused of unlawfully killing her profoundly disabled daughter, Emily Barut, continued at the Central Criminal Court before Mr Justice Patrick McCarthy. Ms Scully, who has pleaded not guilty, is alleged to have caused Emily's death on September 15, 2012, through gross negligence by administering an excessive quantity of chloral hydrate at their home in Tullamore. On the fifth day of the trial, her interviews with gardai were read into evidence. Ms Scully stated she did not make a conscious decision to take Emily "out of this world," claiming she was panicked and exhausted after Emily suffered an unprecedented seizure. She admitted giving approximately 32ml of sedative, double her usual maximum, to stop the fit, but denied premeditation. She acknowledged that Professor Cassidy, the applicant for the post-mortem, had suggested her actions led to the death. The court heard that Ms Scully made two suicide attempts that day and wrote a note at the scene, which she denied writing before Emily died. The matter was adjourned and continues tomorrow morning.
On the fourth day of the trial, 58‑year‑old GP Bernadette Scully, charged with the manslaughter of her 11‑year‑old daughter Emily Barut, gave a voluntary statement to the court. She described the daily hardships of caring for a severely disabled child with epilepsy, microcephaly and cerebral palsy, and explained that she had administered chloral hydrate to relieve pain and stop seizures on the night of Emily's death. Scully admitted she had given more than the normal dose, noting that Emily stopped breathing after a fit. She also recounted two failed suicide attempts that day and expressed that she had never intended to harm her daughter. The statement was read into evidence, and the case remains in the Central Criminal Court. Bernadette Scully pleaded not guilty.
Musuala Lombe, a 34‑year‑old Congolese father of four who has lived in Ireland since 2000, was found guilty by a jury of unlawful possession of a controlled drug and possession of cannabis for the purpose of sale or supply on 27 April 2009. The cannabis, worth €20,000, was seized from a suspicious package that customs and excise officers in Portlaoise intercepted on 22 April 2009. Lombe signed for the package at a Ballycullen address, was arrested five minutes later, and was not charged until 2014. He has no prior convictions and has not been involved with Gardaí since the offence. The court noted the seriousness of the offence, ordered a probation report and adjourned sentencing to 23 January next year. The case also raised questions about the renewal of his green card, which has been subject to frequent renewal and may be affected by the criminal proceedings.
The High Court has reserved its decision on a judicial review action brought by Alan Bradley, who was sentenced to nine years imprisonment with the final two years suspended for conspiring to steal cash from Chubb Ireland in November 2007 at Tesco, Celbridge, Co Kildare. Bradley, along with his brother Wayne, pleaded guilty in 2012 to the charge. His sentence was later reduced on appeal to eight years, with 18 months suspended. Bradley claims he is entitled to one-third remission of his sentence, rather than the standard one-quarter, citing his attendance at courses and good behaviour while in Portlaoise Prison. Two applications for enhanced remission were refused by the Minister for Justice on the grounds that he posed a risk to public safety. Bradley argues the Minister failed to provide proper reasons for the refusal and that he was denied fair procedures. The Minister opposes the action, stating she was entitled to refuse enhanced remission based on the evidence. Following submissions from both parties, Ms Justice Úna Ní Raifeartaigh reserved her decision and remanded Bradley on continuing bail pending her ruling.
Alan Bradley, 42, of Churchfields, Kentstown, Co Meath, is challenging the Minister for Justice's refusal to grant him one‑third remission of his sentence for conspiracy to rob a security van containing €1m in cash. Bradley pleaded guilty in 2012 to conspiring to steal cash from Chubb Ireland in 2007 and was sentenced to nine years, with the final two years suspended. An appeal reduced the sentence to eight years with 18 months suspended. Bradley argues that his completion of several educational and training courses, including first aid, entitles him to enhanced remission rather than the standard one‑quarter reduction. Two applications for additional time off his sentence were denied on the basis that he poses a risk to public safety. He has been released on bail pending the outcome of the High Court action, which seeks to quash the Minister's decision and obtain a declaration that he is entitled to enhanced remission.
Eugene Hanratty Senior and Eugene Hanratty Jnr are standing trial at Dublin Circuit Criminal Court, accused of assaulting Martin McAllister causing him harm at Castleblaney, Co. Monaghan on November 24, 2012. Both defendants have pleaded not guilty to the charges. The trial is currently ongoing before Judge Martin Nolan and a jury, with the matter not yet finalised. Mr. McAllister alleged that the younger accused blocked his vehicle with a jeep, after which the senior accused exited and subjected him to a sustained assault, resulting in fractured nose and eye sockets. He denied striking the first blow or producing a pistol, as suggested by defence counsel Garnet Orange SC. Mr. McAllister stated that commenting on the legitimacy of the senior accused's oil business would be "very dangerous." He also referenced his past, noting he was sentenced to ten years in 1974 for firearms offences, which he described as ancient history. The defence suggested the incident stemmed from a dispute over shooting rights in a duck sanctuary. The trial continues.
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.
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.
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.
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.