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.
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.
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.
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.
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.
Seven men from Dublin were acquitted of IRA membership by the Special Criminal Court on 30 June 2015. The court, presided over by Mr Justice Tony Hunt, found that the Department of Public Prosecutions would not present further evidence after a ruling last week that the arrests of six of the men were unlawful. The men—Brian Nick Mc Bennett (54), Peter Burns (39), Kevin Braney (39), Michael Barr (33), John Brock (41), Declan Phelan (31) and Desmond Christie (49)—had pleaded not guilty to membership of an unlawful organisation styled the Irish Republican Army. The court had earlier ruled that the arrests at a house in Tallaght lacked the necessary objective justification under the Section 30 Offences Against the State Act. The acquittal followed the prosecution's decision not to pursue the case further. The case had involved a search of a house in Glenshane Crescent, Tallaght, where police found packages allegedly containing communications from prisoners in Portlaoise Prison.
A Laois resident, whose identity is protected, faces trial in June 2016 for two counts of rape committed in Dublin on 9 February. He has been granted bail with conditions requiring him to sign on at Portlaoise Garda Station three times a week. His lawyers argued that the nearest 24‑hour station was over an hour away by public transport, making the requirement impractical. They noted that other stations closer to his home were only open part‑time and that the only other 24‑hour station, in Portarlington, was even farther. The accused, a married man with an Irish wife, claimed he would not leave the area and requested removal of the sign‑on conditions. Justice Carroll Moran agreed to modify the bail, allowing the accused to sign on twice a week at Kevin Street Garda Station in Dublin, where he regularly travels for work.
The Special Criminal Court ruled that the arrests of six Dublin men suspected of IRA membership at a house in Tallaght were unlawful. Judge Tony Hunt said each case lacked the modest level of objective justification required under Section 30 of the Offences Against the State Act, citing the Supreme Court's 2003 Walshe v Fennessy decision. The men—Brian Nick Mc Bennett, Kevin Braney, Michael Barr, John Brock, Declan Phelan and Desmond Christie—were found to have been arrested without sufficient justification. Peter Burns, the seventh accused, did not challenge the legality of his arrest. Tara Burns SC, representing the State, requested instructions from the Director of Public Prosecutions and asked the court to adjourn until the following Tuesday. The court had previously accepted evidence that a search warrant for the Tallaght house was valid and that two packages allegedly containing communications from prisoners were found in the house. Brian Nick Mc Bennett pleaded not guilty. Kevin Braney pleaded not guilty. Michael Barr pleaded not guilty. John Brock pleaded not guilty. Declan Phelan pleaded not guilty. Desmond Christie pleaded not guilty.
In a 2015 ruling, the Special Criminal Court declared that evidence from a search warrant executed at a Tallaght house could be used in the trial of seven men accused of IRA membership. Judge Tony Hunt confirmed that the warrant was issued and carried out lawfully. Gardaí had found two packages of tightly folded paper wrapped in clingfilm, allegedly communications from prisoners at Portlaoise Prison, on a coffee table in the front room where the accused were gathered. The court held a "voir dire" concerning the warrant and the arrests. Ms Tara Burns SC argued that the prosecution's case was that the men were meeting as IRA members to discuss the communications. Judge Hunt said he would reserve judgment on the arrests' lawfulness until Friday at 11 am. The accused, all pleading not guilty, are Brian Nick Mc Bennett (54), Peter Burns (39), Kevin Braney (39), Michael Barr (33), John Brock (41), Declan Phelan (31) and Desmond Christie (49).
A County Laois resident, Moldovan national Axenia Alexei, aged 30, was sentenced to a two‑year suspended term for fraudulently claiming €15,339 in unemployment benefits. Alexei entered Ireland in 2009, bought a false Latvian passport online, and used the resulting PPS number to work and later to claim Jobseeker's Allowance after losing her job. She pleaded guilty to stealing the benefits between July 2012 and March 2014 and to possessing the fake passport on 15 September 2014. She had no prior convictions. The court found she could have claimed over €7,000 using her real PPS number, and that she had worked part‑time in 2012 with her real number while also claiming benefits with the false number. The judge suspended the sentence for two years, ordered the return of €2,000 to the Department of Social Protection, and gave her an additional two years to repay €6,000.
The Special Criminal Court will decide next week whether evidence from a search warrant and the arrest of seven Dublin men can be admitted. The men, accused of IRA membership, were found in a Tallaght house where police discovered two packages of tightly folded paper wrapped in clingfilm, allegedly communications from prisoners at Portlaoise Prison. The prosecution argued that the men were holding an IRA meeting to discuss these communications. The seven accused—Brian Nick Mc Bennett, Peter Burns, Kevin Braney, Michael Barr, John Brock, Declan Phelan and Desmond Christie—have pleaded not guilty to membership of an unlawful organisation. The court is conducting a voir dire to determine the admissibility of the search warrant evidence and the arrests, with a ruling expected next Tuesday at 2 pm before a full six‑week hearing begins.
Lawyers for the State have requested an additional two weeks to file a response to Brian Meehan's appeal, which seeks to have his 1999 conviction for the murder of journalist Veronica Guerin declared a miscarriage of justice. Meehan, aged 47 and serving a life sentence in Portlaoise prison, is arguing that new evidence from the 2001 Special Criminal Court trial of John Gilligan undermines his conviction. The evidence relates to material that emerged during Gilligan's trial, in which Gilligan was acquitted of Guerin's murder but convicted of cannabis importation. During case‑management proceedings in the Court of Appeal, the Director of Public Prosecutions' counsel, Paul Anthony McDermott, explained that the State needed time to prepare a full set of submissions, citing the volume of material and the need to clarify the meaning of new evidence.
Michael McKevitt, 65, a former Real IRA leader, was sentenced to 20 years in 2003 for directing terrorism and membership of an illegal organisation. He was due for release in July 2016 after a one‑quarter remission. McKevitt applied for an additional 8 % remission, arguing that his participation in structured prison activities such as art, drama, French, home economics and yoga reduced his likelihood of re‑offending. The High Court ruled that the Minister for Justice could not grant this enhanced remission and that the Minister was entitled to consider other relevant material, including Garda advice. McKevitt's appeal to the Court of Appeal was dismissed, with the court affirming that the Minister's discretion was not limited to a simple assessment of participation in authorised activities and that the decision to refuse the remission was lawful. The judgment noted McKevitt's good conduct and his role in the E2 'Republican' Landing, but upheld the refusal of the additional remission.
The trial of seven Dublin men accused of IRA membership continues with a voir dire hearing to decide the admissibility of evidence from a search warrant and the arrest of the accused at a house in Tallaght. Gardai found two packages of tightly folded paper wrapped in clingfilm, allegedly communications from prisoners in Portlaoise Prison, on a coffee table in the front room where the men were gathered. Ms Tara Burns SC argued that the prosecution case was that the men were holding a meeting as IRA members to discuss those communications. The accused – Brian Nick Mc Bennett (54), Peter Burns (39), Kevin Braney (39), Michael Barr (33), John Brock (41), Declan Phelan (31) and Desmond Christie (49) – have pleaded not guilty to membership of an unlawful organisation. The charges stem from a search of a house in Glenshane Crescent, Tallaght, where Peter Burns lived with his father.
The trial of seven Dublin men accused of IRA membership has continued with a voir dire, a trial within a trial, to determine the admissibility of evidence regarding a search warrant and arrests at a Tallaght house. The accused are Brian Nick Mc Bennett, Peter Burns, Kevin Braney, Michael Barr, John Brock, Declan Phelan, and Desmond Christie. Each has pleaded not guilty to the alleged charge of membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, on July 3, 2013. The prosecution alleges the men were holding an IRA meeting to discuss communications from Portlaoise Prison, which were found in packages on a coffee table. The case is before Mr Justice Tony Hunt, with Judges Alison Lindsay and Cormac Dunne. The trial is scheduled to last six weeks and continues tomorrow.
In a Special Criminal Court hearing on 10 June 2015, seven men were charged with membership of the Irish Republican Army (IRA) after a 2013 raid on a Tallaght house. The raid, conducted by Special Branch detectives, uncovered two packages on a coffee table in the front room. The packages contained thin paper, tightly folded and wrapped in clingfilm, which were communications from prisoners in Portlaoise Prison. The prosecution, led by Ms Tara Burns SC, argued that the men—Brian Nick Mc Bennett (54), Peter Burns (39), Kevin Braney (39), Michael Barr (33), John Brock (41), Declan Phelan (31) and Desmond Christie (49)—were holding a dissident IRA meeting to discuss these prison messages. All seven pleaded not guilty. The court, presided over by Mr Justice Tony Hunt with Judges Alison Lindsay and Cormac Dunne, is conducting a six‑week voir dire to determine the admissibility of evidence from the search warrant and arrests.
During a High Court hearing, Assistant Commissioner John Fintan Fanning claimed that Commissioner Nóirín O'Sullivan asked him about his personal political views during his interview for Deputy Commissioner. He said the questions concerned left‑wing political extremism and left‑wing politicians, and that he felt uncomfortable because he is legally required not to affiliate with any political group. Fanning argues the interview was unfair and that the Commissioner should have declared a conflict of interest and recused herself. The interview board members, including Mr Sean Dorgan and Ms Margaret McCabe, testified that the questions were about left‑wing extremists only in the context of security threats, not about his personal political views. Fanning seeks an injunction to halt further appointments to the Deputy Commissioner post and declarations that the recruitment process violated his constitutional rights. The case is before Justice David Keane.
Muhammad Hussain, a 29‑year‑old Pakistani man, was convicted in 2014 for travelling to meet a 13‑year‑old girl with the intention of sexual exploitation, the first case prosecuted under child protection legislation. He received a four‑year prison sentence, later reduced on appeal to three years with the final nine months suspended. The Court of Appeal noted no disciplinary issues since conviction, his attendance at classes, and that he had invited the child rather than coerced her. Conditions of the reduced sentence include maintaining good behaviour, cooperating with any relevant counselling, and complying with a deportation order. Hussain will remain on the Sex Offenders Registry and is subject to the Sex Offenders Act 2001. The case stemmed from an encounter on 25 May 2011 when Hussain met the girl, Ms F, who was then 13 and living in institutional care. The appeal hearing was held on 16 February 2015. The unnamed 13-year-old pleaded not guilty.
Michael McKevitt, 66, a former Real IRA leader, was sentenced to 20 years in 2003 by the Special Criminal Court for directing terrorism and membership of an illegal organisation. His sentence, back‑dated to 2001, is set to be reduced by the normal one‑quarter remission, with release expected in July 2016. McKevitt applied for an additional 8 % remission, arguing that participation in structured prison activities such as art, drama, French, home economics and yoga entitled him to a one‑third remission. The High Court refused this request, stating the Minister for Justice could only consider whether the prisoner had completed authorised activities and had shown good conduct. McKevitt has now appealed that decision to the Court of Appeal, where counsel argues that the High Court's rulings were inconsistent and that the Minister's discretion was improperly limited. The Court of Appeal will decide the appeal shortly.
The High Court heard that Garda Commissioner Nóirín O'Sullivan denies claims by Asst Commissioner John Fintan Fanning that she asked him about his views on 'left wing political extremism in Ireland' and left wing politicians during interviews for the position of Deputy Commissioner. Asst Commissioner Fanning initiated High Court action, alleging an 'unfair' competition for the post and claiming he was 'taken aback' and 'uncomfortable' at being asked such questions. He also claims Commissioner O'Sullivan should have declared a potential conflict of interest prior to the interviews and recused herself from them. The case is against the Public Appointments Service, Ireland and the Attorney General. Asst Commissioner Fanning seeks an injunction to restrain the PAS from taking further steps in appointing any persons as Deputy Commissioner pending the outcome of his case, and also seeks declarations that the procedures adopted for recruitment to that post infringed his constitutional rights, including to fair procedures and natural justice. The matter was adjourned for one week for mention only, to see if a date for the hearing of the injunction application can be fixed. Counsel for the respondents said they are prepared to give an undertaking not to appoint any persons as Deputy Commissioner until the injunction application is heard.
Craig O'Halloran, 22, was found not guilty of murdering Kevin Kenny, 32, outside Ruby Finnegans pub in Inchicore on 31 July 2011. The trial, lasting one and a half weeks, examined CCTV footage of a struggle and a subsequent gathering around Kenny after he collapsed. Forensic evidence identified a stab wound to the heart as the cause of death. The jury, composed of five men and seven women, returned a not‑guilty verdict after more than three hours of deliberation. Justice Patrick McCarthy discharged O'Halloran and exempted the jury from service for ten years.
In a Dublin murder trial, prosecutors argued that 21‑year‑old Craig O'Halloran attacked 32‑year‑old Kevin Kenny with a knife on 31 July 2011 at Sarsfield Road, Ballyfermot, intending to kill or seriously injure him. O'Halloran, who pleaded not guilty, is on trial at the Central Criminal Court. Prosecutor Paul Greene presented evidence that Kenny died from a knife wound, one of six inflicted, and that the attack was deliberate. He cited testimony from Sara Burke and Stephen Kenny, who claimed O'Halloran was the assailant and threatened him with a knife afterward. Greene highlighted the lack of CCTV and questioned alternative suspects, concluding the case strongly supported O'Halloran's guilt. The trial proceeded with closing speeches before Justice Patrick cMcCarthy and a jury of five men and seven women.
In the murder trial of Craig O'Halloran, a 21‑year‑old from Portlaoise, the jury heard that a top worn by O'Halloran on the day of Kevin Kenny's killing was found at Sara Burke's address with a mark that appeared to be a bloodstain. O'Halloran, who pleaded not guilty, was interviewed by Garda Ronan Coffey on 1 August 2011. He claimed the mark could only have come from a scuffle with Robert Ellis, whom he said he was trying to protect. O'Halloran also explained his presence outside Ruby Finnegans, seen on CCTV, as being on the phone with his girlfriend and that he had chased Ellis to prevent him from being jumped. The trial, held at the Central Criminal Court, continues before Mr Justice Patrick McCarthy and a jury of five men and seven women.
During the murder trial of Craig O'Halloran, the jury heard that Garda Lynn Johnson examined a "trail of blood" outside Ruby Finnegan's pub, where the victim, Kevin Kenny, had been drinking before his death. The report, read by prosecuting counsel, described evidence bags along the footpath and a concentrated blood stain in the carpark. Johnson also recovered a SIM card at the scene. The jury saw the shirt worn by Kenny on the day of the fatal stabbing. A medical report from Dr. Nigel Salter, read by counsel, stated that Kenny arrived at St James' Hospital's Accident and Emergency at 21:25 with a lower chest wound, was unresponsive, and was resuscitated for 45 minutes without success before being pronounced dead. The trial, held at the Central Criminal Court, continues before Mr Justice Patrick McCarthy and a jury of five men and seven women. Craig O'Halloran pleaded not guilty.
In a Dublin murder trial, 21‑year‑old Craig O'Halloran is charged with killing 32‑year‑old Kevin Kenny on 31 July 2011. The prosecution presented forensic evidence that Kenny suffered six stab wounds, including a fatal wound to the left side of the chest that penetrated the heart. Professor Jack Crane described the wounds as being caused by a knife, noting the fatal wound was 9 cm deep and reached the left ventricle, while the other wounds were on the back and left hand. The court heard that O'Halloran was seen with a red flick knife by witness Sara Burke, who also testified that he had "marked" someone with a knife. Burke was previously arrested for delivering tools to Robert Ellis. The trial is set to continue before Mr Justice Patrick McCarthy and a jury. Craig O'Halloran pleaded not guilty.
During the trial of Craig O'Halloran, a 21‑year‑old from Portlaoise, a witness, Stephen Kenny, testified that he saw his brother Kevin Kenny, aged 32, stabbed four times by O'Halloran on 31 July 2011 at the Sarsfield Road in Ballyfermot. Kenny described a confrontation that began in the Old Dubliner pub, involving a man named Robert Ellis who allegedly threatened to use a shotgun. Kenny claimed that O'Halloran, armed with a knife about six to seven inches long, approached and stabbed Kevin in the upper left area of the body, an act that lasted five to ten seconds. Kenny said he attempted to help Kevin, who collapsed and was later taken to hospital. CCTV footage was shown to the jury, and the trial continues before Mr Justice Patrick McCarthy. Craig O'Halloran pleaded not guilty.
The Central Criminal Court in Dublin is hearing a trial in which Craig O'Halloran, aged 21, is accused of murdering Kevin Kenny, aged 32, on 31 July 2011 at the Sarsfield Road in Ballyfermot. O'Halloran pleaded not guilty and is currently on trial. Prosecutor Paul Greene SC presented the State's case that O'Halloran stabbed Kenny following a "fracas" outside Ruby Finnegans pub on First Avenue in Inchicore. The prosecution described two groups arriving at the pub, with Kenny in one group, and a subsequent altercation that spilled onto a grassy area outside the pub where CCTV did not cover. Witnesses alleged that O'Halloran repeatedly stabbed Kenny on that grassy area, causing fatal injuries. Kenny fell, was seriously injured, and was taken to hospital. The trial, presided over by Justice Patrick McCarthy, is expected to conclude next week with a jury of five men and seven women.
In February 2015, lawyers for the State were instructed to prepare a substantive response to Brian Meehan's appeal, which seeks 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 before the Special Criminal Court. He also faces convictions for drugs and firearms. Meehan's appeal is based on new evidence that emerged during the 2001 Special Criminal Court trial of John Gilligan. The Director of Public Prosecutions, Tom O'Connell, noted that the evidence was already known before the original appeal and that the DPP had previously moved to dismiss the application, a motion that was refused by the Court of Criminal Appeal. The Court of Appeal has ordered the State to submit a comprehensive response, with case management to be considered on 19 June.
Michael McKevitt, a 65‑year‑old former dissident republican leader serving a 20‑year sentence for directing terrorism, lost a High Court case seeking early release on the basis of his participation in structured prison activities. He argued that courses in computing, speech, drama, art, French, yoga and an Open University creative writing course entitled him to a one‑third remission and immediate release. The Minister for Justice was allowed to refuse remission, citing the risk of re‑offending and Garda submissions that McKevitt would re‑engage in senior dissident activity upon release. Judge Peter Kelly upheld the Minister's decision, noting that engagement in authorised activities does not automatically reduce the likelihood of re‑offending and that the Minister had ample material to refuse remission. McKevitt's scheduled release remains July 2016, based on the normal one‑quarter remission.
James Brophy, 46, of The Swan, Athy, was found guilty of excise duty evasion for importing over four million illegal cigarettes. A jury convicted him on 25 August 2010, and he was sentenced to 240 hours of community service in lieu of three years imprisonment on 12 October 2012. The Director of Public Prosecutions appealed, and the Court of Appeal imposed a new three‑year suspended sentence and a €5,000 fine. The fine was described by Mr Justice George Birmingham as "designed to sting." If the fine is not paid within 12 months, Brophy would serve 12 months imprisonment in lieu of the fine. The case involved customs officials finding the cigarettes at Brophy's warehouse, with a potential loss of €1.5 million in duty, tax and VAT. Brophy had no prior convictions and had previously completed community service. The appeal was successful, resulting in the suspended sentence and fine. James Brophy pleaded not guilty.
Ming Liu, a Chinese national serving a four‑year sentence for a drugs offence at Portlaoise Prison, has taken his case to the High Court after his solicitor, Ms Eileen McCabe, was repeatedly denied entry to the prison because she set off the metal detector. Ms McCabe had travelled to Portlaoise to meet Liu to discuss whether he could qualify for remission of his sentence. Prior to the meeting she passed through the detector multiple times, each time the alarm triggered, despite her having no metal objects. Security staff informed her she could not enter, citing a strict policy that prohibits anyone who triggers the detector from entering the prison. Ms McCabe offered to undergo a body search or use a handheld detector, but was told the policy could not be altered.
Alan Bradley, currently serving a prison sentence, has brought a High Court action against the Minister for Justice and Equality, the Irish Prison Service, and the Governor of Portlaoise Prison to compel the provision of orthodontic treatment. Bradley, who is incarcerated at Portlaoise, alleges that despite an independent expert report confirming his entitlement to treatment under HSE criteria, his request has been denied. His counsel, Dominic McGinn SC, argued that the failure to provide care is irrational and unreasonable, noting that Bradley has suffered severe pain for over a year. Mr Justice Paul McDermott granted leave to bring the application on an ex parte basis and adjourned the matter to a date in mid-December. The court heard that Bradley pleaded guilty in 2012 to conspiring to steal cash from a Chubb Ireland security van in 2007. Judge Tony Hunt originally sentenced him to nine years, with the final two suspended. On appeal, the Court of Criminal Appeal reduced this to eight years, with the final 18 months suspended. His brother, Wayne Bradley, also pleaded guilty to the offence. He was initially sentenced to seven years with 18 months suspended, a term the CCA reduced to six years with the final year suspended. Three other men, including a Chubb employee, were also sentenced for their roles in the incident.