Court archive

Court reports mentioning Portlaoise, Laois

2014-11-17 · Dublin

Brian Meehan appeal date may be fixed in December

Brian Meehan, aged 47 and serving a life sentence in Portlaoise prison for the 1996 murder of journalist Veronica Guerin, has applied to quash his 1999 conviction on the grounds of a miscarriage of justice. The 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 but convicted of cannabis importation. Meehan's case, brought under Section 2 of the Criminal Procedures Act, argues that the new facts disclosed in Gilligan's trial demonstrate that his conviction was wrongful. The Director of Public Prosecutions had previously sought to dismiss the application, but the Court of Criminal Appeal refused that motion earlier this year. Submissions for Meehan's appeal are nearly complete, and the Court of Appeal has listed the case for mention again on December 15, with a hearing date to be fixed thereafter. The appeal remains pending, and no further outcome has been announced.

2014-10-17 · Dublin

SCC gives reasons for excluding public from court while surveillance gardai give evidence in murder trial

The Special Criminal Court has outlined its reasons for excluding the public during testimony from National Surveillance Unit (NSU) gardaí in the ongoing trial of Edward McGrath, Dean Evans, and Sharif Kelly. The three men, who have pleaded not guilty to the 2013 murder of Peter Butterly at the Huntsman Inn in Gormanston, Co Meath, face additional firearm charges. Presiding Judge Deirdre Murphy stated that the exclusion order protects the safety of surveillance officers and future state intelligence operations, noting that repeated public exposure of their physical characteristics could compromise their work. While the court permitted the defence to receive the officers' professional names and addresses, it restricted publication of their identities and NSU methodologies. In a separate ruling, the court allowed one minor witness to testify via video link but denied the request for two adult witnesses, citing legislative limits. The prosecution intends to call David Cullen, a former accused who turned state witness, as a key witness. The court ordered the disclosure of seized electronic devices containing keywords related to the case and confirmed whether Cullen was a garda informant, while refusing to disclose his psychiatric records or privileged legal advice. The trial continues on Tuesday before the non-jury court.

2014-10-16 · Meath

Public to be excluded from court while surveillance gardaí give evidence in murder trial

The Special Criminal Court has directed that the public be excluded from the courtroom while National Surveillance Unit gardaí give evidence in the trial of Edward McGrath, Dean Evans, and Sharif Kelly. The three men, who have pleaded not guilty to the murder of Peter Butterly, shot dead in the car park of the Huntsman Inn at Gormanston, Co Meath, on March 6th, 2013, face additional firearm charges. The court ruled that the officers' professional names and addresses must be provided to the defence but restricted from publication, balancing safety concerns with the right to a fair trial. The prosecution intends to call David Cullen, who pleaded guilty to the unlawful possession of a 9mm Beretta pistol at the same location and date, and was sentenced to three-and-a-half years in prison in July. The court ordered the disclosure of certain records regarding Cullen's credibility, including confirmation on whether he was a garda informant and PULSE records, while refusing to disclose his psychiatric records. Access to a seized laptop was granted to a defence expert. The court deemed an application to disclose legal notes between Cullen and his lawyers premature. The full trial hearing is expected to commence on Tuesday before Judges Heneghan, Dunne, and Murphy.

2014-10-15 · Meath

Right to life of witnesses must be taken in to account, non-jury court hears

The Special Criminal Court, a non‑jury court, is set to decide on several legal matters in the trial of three men—Edward McGrath (32), Dean Evans (22) and Sharif Kelly (43)—who have pleaded not guilty to the murder of Peter Butterly (35). Butterly was shot dead in the car park of the Huntsman Inn, Gormanston, on 6 March 2013. The defendants also face firearm charges. The court will consider the State's request to allow surveillance officers to give evidence anonymously, citing a 1996 law that permits such testimony when public interest and safety warrant it. The prosecution seeks to erect a screen between surveillance officers and the public to protect the witnesses' identities. The case also involves forensic evidence, firearm residue, DNA, and testimony from David Cullen (30), who was previously jailed for unlawful possession of a pistol and whose role in the murder plan is contested. The court will rule on these matters tomorrow.

2014-10-10 · Meath

Court to rule next week on whether gardai can give evidence anonymously in murder trial

The Special Criminal Court will rule next week on whether nine National Surveillance Unit officers can give evidence anonymously in the trial of Edward McGrath, Dean Evans, and Sharif Kelly. The three men, who have pleaded not guilty to the murder of Peter Butterly and unlawful possession of a 9mm Beretta pistol at the Huntsman Inn in Gormanston, Co Meath, on March 6th, 2013, face a non-jury hearing. The DPP has applied to withhold the officers' identities and erect a screen to protect their physical characteristics, citing risks to their safety and the security of Garda operations. The prosecution intends to rely on forensic evidence and testimony from David Cullen, who pleaded guilty to unlawful possession of the same firearm and was jailed for three-and-a-half years in July. Cullen, described as part of the murder plan, alleges he was tasked with collecting the gun after the shooting. Defence counsel for McGrath, Evans, and Kelly have sought disclosures regarding Cullen's credibility, including his medical records, witness protection application, and legal notes. Presiding Judge Deirdre Murphy noted the significant interference with cross-examination rights inherent in the anonymity application. The court will deliver its ruling on Tuesday afternoon, when the case resumes before Judges Dunne and Heneghan.

2014-10-09 · Meath

Court set to rule on disclosure issue in Butterly trial

The Special Criminal Court is set to rule on a disclosure application in the trial of Edward McGrath, Dean Evans, and Sharif Kelly. The three men have pleaded not guilty to the murder of Peter Butterly, who was shot dead in the car park of the Huntsman Inn at Gormanston, Co Meath, on March 6th, 2013. McGrath and Evans also face firearm offences at the same address and date, while all three are charged with the unlawful possession of a 9mm Beretta pistol. The prosecution intends to rely on the testimony of David Cullen, who previously pleaded guilty to the unlawful possession of the same firearm and was jailed for three-and-a-half years. Cullen's plea was accepted by the DPP, resulting in a nolle prosequi on the murder count. Defence counsel have sought extensive disclosures regarding Cullen's credibility, including medical records, his witness protection application, and confirmation of whether he was a garda informant. The DPP described these requests as an attempt to impugn Cullen's character, while defence lawyers argued the disclosure process was unsatisfactory. The court will also rule on a DPP application to screen nine National Surveillance Unit gardaí to protect their identities. The matter was adjourned for the court's decision on these procedural issues.

2014-10-08 · Meath

Former co-accused wanted "no more" to do with case, Butterly murder trial hears

In the Special Criminal Court, three men—Edward McGrath (32), Dean Evans (22), and Sharif Kelly (43)—pleaded not guilty to the murder of Peter Butterly (35), who was shot in the car park of the Huntsman Inn on 6 March 2013. The court heard that Butterly was lured to the car park by an unnamed man and that shots were fired from a Toyota Corolla. The prosecution will present forensic, firearm residue, DNA evidence and testimony from David Cullen (30), who was involved in the murder plan. Cullen, who had previously pleaded guilty to unlawful possession of a 9mm Beretta pistol, was jailed for three‑and‑a‑half years and later became a prosecution witness. He stated he wanted no more to do with the case and sought to separate himself from the accused.

2014-10-07 · Meath

Butterly murder trial hears of Witness Protection Programme conversation

In the Special Criminal Court, three men—Edward McGrath (32), Dean Evans (22), and Sharif Kelly (43)—remain not guilty on charges of murdering Peter Butterly (35) and related firearm offences. The court heard that a former co‑accused, now a prosecution witness, supplied Gardaí with information about a prior fatal shooting, events in Portlaoise Prison, and IRA structure. Witness protection liaison officer reported that David Cullen (30) offered testimony on 25 June, with a security discussion the next day. The Garda liaison explained that witnesses must commit to a new lifestyle and receive retraining. Senior Garda Thomas Maguire confirmed Cullen's willingness to give evidence on the Butterly shooting, other murders, prison happenings, and IRA structure. The court has yet to rule on privilege and screening applications. The case proceeds tomorrow before Judges Cormac Dunne and Margaret Heneghan, with Ms Justice Deirdre Murphy presiding.

2014-10-02 · Laois

Laois brothers have rape convictions quashed

The Court of Criminal Appeal quashed the rape convictions of Eamonn Flanagan (42) and Seamus Flanagan (35) after new evidence from key prosecution witness Daniel Lynch. The brothers had been jailed for three years in 2011 following a Central Criminal Court jury verdict for raping a woman in a Red Cow Hotel room in 2008. Lynch, a friend of the accused, claimed he was pressured by Gardaí to state he saw the men at the hotel door, a claim denied by the Gardaí. No DNA from the brothers was found on the victim. The appeal court found the convictions unsafe, set aside the sex‑offender register order and discharged the brothers from bail. The court declined to order a retrial, citing the difficulty of proving the case anew. The decision was announced by Justice John MacMenamin. Eamonn Flanagan pleaded not guilty. Seamus Flanagan pleaded not guilty.

2014-07-29 · Dublin

IRA accused protests use of video link in court

Michael Finlay, 35, and Dean Byrne, 22, were arrested in Tallaght in June on charges of IRA membership and unlawful possession of a handgun. They appeared in court via video link from Portlaoise Prison. Finlay protested the use of video, claiming it breached his constitutional rights and demanded physical presence at future proceedings. He threatened further action if his rights were further infringed. The court scheduled a remand for the next term to serve the book of evidence, with a production order set for November 11. The judge noted that the court would insist on physical presence if evidence needed to be served or presented. Both men are charged with membership of the Irish Republican Army and possession of a 9x18mm Makarov pistol, magazine, and 10 rounds of ammunition seized in Tallaght on June 5, 2014. The case remains in the evidence stage.

2014-07-02 · Laois

Doctor secures injunction preventing interviews for top medical role going ahead

Dr Farrukh Naseem, acting as applicant, secured an interim injunction in the High Court preventing the Public Appointments Service (PAS) from conducting interviews for the position of Consultant General Surgeon at Midlands General Hospital in Portlaoise. The applicant, who has served as a Consultant Surgeon at the hospital on an interim basis since 2010, applied for the permanent post. A six-person panel established by the PAS initially shortlisted seven of twelve applicants, excluding Dr Naseem. Following a successful appeal, the PAS ruled that Dr Naseem should be included in the shortlist. However, the applicant alleged that the same panel intended to conduct the upcoming interviews, raising concerns regarding an apprehension of bias and fair procedure. Counsel for the applicant argued that the panel should be reconstituted to ensure the application is properly considered and to protect the applicant's professional reputation. Mr Justice Paul Gilligan granted the interim injunction on an ex-parte basis, effectively halting the interviews scheduled for that day. The Judge adjourned the matter to a date next week, meaning the proceedings were not concluded or finalised at this stage.

2014-06-25 · Laois

High Court rules €136,000 in bank accounts of man on social welfare are the proceeds of crime

In a 2014 High Court ruling, Mr Justice George Birmingham held that €136,000 in savings accounts belonging to 27‑year‑old Charles Darren McInerney of Portlaoise were proceeds of crime. The accounts, held at Mountrath Credit Union, Bank of Ireland Mountrath and Portlaoise Post Office, had been frozen earlier. McInerney denied that the money came from illegal activity, but the judge found his explanations unconvincing. Evidence from the Criminal Assets Bureau and senior Gardai showed McInerney's involvement in the illegal drugs trade, including possession of cannabis, weighing scales and a knife, and a total of €525,000 had been deposited between 2006 and 2012. McInerney's only legal income during that period was social welfare. The judge accepted the evidence, ordered the accounts as proceeds of crime under the 1996 Proceeds of Crime Act, and appointed a receiver over the funds.

2014-06-04 · Limerick

Key witness previously implicated Wayne Dundon in murder he couldn't have committed, Roy Collins murder trial hears

In the Special Criminal Court, Wayne Dundon (36) and Nathan Killeen (24) pleaded not guilty to the murder of 35‑year‑old Roy Collins, who was shot in the chest at Coin Castle Amusements on 9 April 2009. The prosecution alleges Dundon directed the killing from prison, Killeen was the getaway driver, and James Dillon fired the shot. The main witness, 31‑year‑old Gareth Collins, claims Dundon offered him €20,000 to participate, but Collins repeatedly refused. Detective Garda John Farmer, cross‑examined by Dundon's barrister, said he had taken Collins' statement in 2011 but did not know the content of the conversation. Farmer also admitted he was unaware that Dundon was in custody on 29 November 2002, the date of the earlier Brian Fitzgerald murder, and that Collins had not yet given a statement on that case. The trial continues on 16 June before three judges.

2014-05-23 · Laois

"We have our angel back": Life in prison for man who strangled nanny and hid her body in a pit

In May 2014 a man from Portlaoise, Robert Corbet, aged 25, was sentenced to life imprisonment for the murder of 30‑year‑old nanny Aoife Phelan. Corbet pleaded not guilty but admitted to strangling Phelan in his garage between 25 October and 7 November 2012. He claimed he had doubts about her pregnancy, that she threatened him, and that these threats caused him to lose control. He strangled her, covered her head with a plastic bag, tied her neck with cable ties, and placed her body in a barrel. He later buried the barrel in a pit on his property. Gardaí found the body and Corbet was convicted of murder. The jury found no provocation and the State described his actions as deliberate and calculated. Mr Justice Garrett Sheehan imposed a mandatory life sentence. The Phelan family left the courthouse without comment.

2014-05-22 · Laois

Jury told to ignore desecration of Aoife Phelan's body

The jury has begun deliberating the trial of Robert Corbet, 25, of Capoley, who is charged with murdering 30‑year‑old Nanny Aoife Phelan in his garage. Corbet pleaded not guilty to murder but admitted manslaughter between 25 October and 7 November, when Phelan's body was found in a barrel buried 10 feet below ground. He claimed they had met a few months earlier and that Phelan had told him she was pregnant with his child, a claim disproved by an autopsy. Corbet testified that he lost self‑control, strangled her, put her body in a barrel, buried it behind his house the next day, and then flew to New York. His barrister urged the jury to ignore the desecration of the body and focus on the moment of death, suggesting a verdict of manslaughter on the grounds of provocation.

2014-05-19 · Laois

Murder accused said he killed Laois nanny because pregnancy would scupper relationship with ex

The 25‑year‑old accused, Robert Corbet, told detectives that he killed Laois nanny Aoife Phelan because she was pregnant and he feared the pregnancy would ruin his relationship with his ex‑girlfriend. Corbet admitted to killing Phelan between 25 October and 7 November, when her body was found in a barrel buried about ten feet deep on his property. He said he had strangled her after an argument about their relationship, describing how he put a black bag over her head and sealed the barrel before leaving it in a shed. Corbet also admitted that he had flown to New York to visit his ex‑girlfriend the following evening, and that he had wanted to "sort everything out" with Phelan before that trip. The trial is proceeding before a jury and Mr Justice Garrett Sheehan. The court heard that Corbet had denied involvement in Phelan's disappearance but admitted to killing her after phone records were presented to him. The unnamed 25-year-old pleaded not guilty.

2014-05-16 · Laois

Laois man accused of murdering Nanny took gardai "on a wild goose chase"

The Central Criminal Court trial of Robert Corbet, 25, accused of murdering Aoife Phelan, heard evidence that the defendant led gardai on a 'wild goose chase' to locations he falsely claimed were the scene of the crime. Corbet, from Sheffield Cross, Laois, has pleaded not guilty to murder but admitted to manslaughter. Detective Sergeant Brian Hanley of the National Bureau of Criminal Investigation testified that Corbet directed officers to a hard shoulder where he alleged the incident occurred, a journey the defence described as a 'voyage of fiction' intended to divert attention from the Corbet family property. The jury reviewed CCTV footage showing a truck dumping filling gravel at the site where Phelan's body was later discovered eight to ten feet underground. Garda Paul Wilson explained the footage depicted Corbet's jeep movements around the time of Phelan's disappearance and subsequent activity at the Capoley yard. Garda Eamon O'Connell detailed the excavation process, describing how he uncovered rubble, tyres, and eventually a metal drum containing Phelan's remains. The trial continues before Mr Justice Garrett Sheehan.

2014-05-15 · Down

Man accused of murdering Laois nanny told gardai he "snapped" and "hit her and hit her"

In a 2014 Central Criminal Court hearing, Robert Corbet, a 25‑year‑old from Sheffield Cross, Laois, was charged with the murder of 30‑year‑old nanny Aoife Phelan. Corbet pleaded not guilty but admitted manslaughter. He told Gardaí that he had snapped after Phelan threatened to ruin him if he walked away from her and her pregnancy. He claimed he had met her in his jeep on 25 October, that she had been "pushy" about not being in a relationship, and that he struck her on the head several times. Corbet said he then drove to Dublin, left her body on a bridge, and tried to dispose of it. He denied any recent phone contact about a pregnancy, but phone records and deleted WhatsApp messages were presented. The case was heard before Mr Justice Garrett Sheehan.

2014-05-14 · Laois

Discovery of Nanny's body in barrel the "saddest and most gruesome discovery made"

A trial is ongoing at the Central Criminal Court regarding the murder of Aoife Phelan (30), whose body was discovered buried in a barrel in Capoley Portlaoise between 25 October and 7 November 2012. Robert Corbet of Sheffield Cross County Laois is accused of the murder but pleaded not guilty, though he admitted to manslaughter earlier this week. The plea of manslaughter was not accepted by the Director of Public Prosecutions. Sergeant Liam Mulhall testified that gardai found evidence of a disturbance near Corbet's home on 6 November 2012, leading to an excavation where a barrel containing Phelan's remains was discovered. The discovery was described as 'the saddest and most gruesome discovery made' by Conor Devally SC defending. Betty Phelan, the mother of the deceased, stated that concerns arose when her daughter did not answer her phone on 26 October 2012, which was out of character for her. It was confirmed that Phelan had made a complaint to gardai in 2005 following an incident of non-consensual sex, which had deeply upset her. The trial continues before Mr Justice Garrett Sheehan and a jury of three women and nine men.

2014-05-14 · Limerick

Cross-examination finishes at Roy Collins murder trial

In the Special Criminal Court, the cross‑examination of Gareth Collins, 31, concluded on 14 May 2014. Collins, a convicted Limerick criminal, had earlier claimed he was offered €20,000 to help kill publican Steve Collins, the father of the murder victim Roy Collins. He testified that on the day of the murder, Nathan Killeen and James Dillon had called his sister's house, and that Killeen had contacted Wayne Dundon, who allegedly told Collins to drive Killeen to the Steering Wheel pub to kill Steve Collins. Collins admitted giving Gardaí an incorrect account of his whereabouts on 9 April 2009, citing fear of people and what they had asked him to do. He also acknowledged that his earlier statement was "just spoofing" and that he had no memory of the details. During cross‑examination, Collins denied that he had lied, said he had not been offered money, and claimed he was owed a few pounds by Christopher McCarthy. Roy Collins pleaded not guilty.

2014-05-13 · Laois

Aoife Phelan repeatedly struck before her body dumped, court hears

The trial of Robert Corbet (25) of Sheffield Cross County Laois, charged with the murder of Aoife Phelan (30) between 25 October and 7 November 2012, commenced at the Central Criminal Court. Corbet pleaded not guilty to the murder charge but admitted to manslaughter, a plea not accepted by the Director of Public Prosecutions. The prosecution alleges that Corbet met Phelan at a nightclub, engaged in sexual contact without intercourse, and later repeatedly struck her before disposing of her body in an oil barrel at Capoley, Portlaoise. The cause of death is stated as asphyxia with blunt force trauma to the head and chest. The prosecution claims Corbet brought Phelan to his garage, restrained her, and disposed of her body. Garda Louise Young detailed that Phelan's father, Michael Phelan, reported her missing on 26 October 2012. Her mobile phone and handbag were later found in Corbet's vehicle. Corbet's statement to gardai indicated he had no sexual intercourse with Phelan and denied being the father of her unborn child. The trial, presided over by Mr Justice Garrett Sheehan, continues with a jury of three women and nine men, with CCTV footage to be presented.

2014-05-13 · Limerick

Criminal giving evidence in Roy Collins murder trial described as "crooked snaky cunt"

The Special Criminal Court heard cross-examination of Gareth Collins, a convicted criminal serving a seven-and-a-half-year sentence for demanding money with menaces, at the ongoing trial of Wayne Dundon and Nathan Killeen. Both defendants have pleaded not guilty to the alleged murder of 35-year-old Roy Collins at Coin Castle Amusements, Roxboro Road Shopping Centre, on April 9, 2009. Collins, who admitted to previously giving gardai an incorrect account of his whereabouts due to fear, denied asking for time off his sentence or extorting money from witnesses. He stated he was unaware that Anthony McCarthy, Christopher McCarthy, or April Collins intended to make statements. During questioning by Mr Remy Farrell SC, Collins acknowledged flirting via text messages on the day of the alleged killing but denied coordinating false alibis with his then-girlfriend. He also denied shaking anyone down, though he admitted being owed money by Christopher McCarthy, who described him as a "crooked snaky cunt." The court noted Collins had previously admitted to being arrested for rape involving two 15-year-old girls. The cross-examination of Mr Collins is scheduled to continue tomorrow before Ms Justice Iseult O'Malley.

2014-05-12 · Limerick

Limerick criminal tells court he was offered €20,000 to take part in killing of publican Steve Collins

The Special Criminal Court trial of Wayne Dundon, Nathan Killeen, and Gareth Collins, who have all pleaded not guilty to the alleged murder of 35-year-old Roy Collins at Coin Castle Amusements in April 2009, continued before a non-jury court presided over by Ms Justice Iseult O'Malley. Gareth Collins, also known as Gareth Keogh, testified that he was offered €20,000 to drive Nathan Killeen to the Steering Wheel pub to shoot Roy Collins's father, Steve Collins. Collins stated he repeatedly refused the request, which he said was coordinated by Dundon via mobile phone from a prison cell. He described an incident where Killeen and James Dillon visited his sister's house, with Killeen allegedly retrieving petrol and a rag before leaving. Collins admitted to prior convictions, including a seven-and-a-half-year sentence for demanding money with menaces. Steve Collins, the victim's father, testified that he found his son shot in the arcade. Garda Steven Kelleher and Garda Deirdre Foley provided accounts of the scene and the victim's subsequent death at the hospital. The trial was adjourned and continues tomorrow.

2014-05-12 · Laois

Laois man to stand trial for murder of Aoife Phelan

A man from Portlaoise, Robert Corbet, aged 25, was arraigned at Dublin Central Criminal Court on 12 May 2014. He faces a murder charge for the death of 30‑year‑old Aoife Phelan, who worked at Hermitage in Portlaoise. Corbet pleaded not guilty to murder but guilty to manslaughter, a plea rejected by the Director of Public Prosecutions, Isobel Kennedy SC. The alleged killing occurred between 25 October and 7 November 2012 at Capoley, Portlaoise. The trial, presided over by Justice Garrett Sheehan, is expected to last two weeks with a jury of twelve.

2014-04-10 · Dublin

Man arrested after Alan Ryan Funeral jailed for IRA membership

Nathan Kinsella, 35, was jailed by the Special Criminal Court for two years after pleading guilty to membership of the Irish Republican Army (IRA) on 13 September 2012. He was arrested in February 2014 after failing to appear for trial, and the court heard evidence of paramilitary activity at the funeral of dissident republican Alan Ryan, who was shot dead in September 2012. Garda investigations uncovered documents in Kinsella's apartment referencing financial transactions, firearms, and a Glock, and a fingerprint from another person was found on a document. Kinsella denied firing a weapon but admitted to being a friend of Ryan for six years and attending the funeral. The court noted his lack of prior convictions, his plea of guilty, and his undertaking not to associate with unlawful organisations upon release, and sentenced him to three years' imprisonment with the final year suspended, back‑dated to 1 February 2014, after accounting for 11 weeks already served.

2014-04-07 · Dublin

Adjournment in appeal brought by Laois brothers convicted of rape

In April 2014, the appeal of two Laois brothers, Eamonn Flanagan (42) and Seamus Flanagan (35), who had been convicted and sentenced to three years in prison for raping a woman in a Red Cow Hotel room in March 2008, was adjourned to the next court term. The brothers had pleaded not guilty to vaginal and anal rape respectively. The appeal court had previously considered that a key prosecution witness, Daniel Lynch, claimed he was pressured by Gardaí to state that the brothers were at the hotel room door when he left. No DNA from the brothers was found on the victim and CCTV showed the rapes occurred within a two‑minute window. Counsel for Seamus requested the adjournment to allow an affidavit concerning Lynch's testimony. Judge John MacMenamin noted that the case could not proceed today and would be listed for the first day of the next term, beginning 28 April. The appeal remains pending.

2014-01-22 · Dublin

Judge's illness may force appeal court to re-hear high-profile cases, including that of Anthony Lyons

The Court of Criminal Appeal announced that several appeals may require re-hearings due to the serious illness of Mr Justice Michael Hanna. Chief Justice Susan Denham stated that cases where judgement was reserved and no final decision determined will be reconstituted. This includes the appeal by former priest Tony Walsh (59), who is challenging separate sentences of 16 years and 15 months for rape and sexual abuse. It also affects the case of businessman Anthony Lyons (52), where the court previously found his six-month sentence for violent sexual assault "unduly lenient" but reserved reasons and the replacement sentence. Counsel for the DPP requested time to take instructions on the appropriate course. Additionally, the appeal by Brian Rattigan (32), serving a life sentence for the 2001 stabbing death of Declan Gavin, may need re-hearing as he seeks leave to appeal to the Supreme Court. The court fixed February 14 for the re-hearing of the conviction appeal by brothers Warren and Jeffrey Dumbrell, who were jailed for life for the murder of Christopher Cawley. In contrast, the case of Kevin McCardle (31), who caused three deaths in a head-on collision while over the alcohol limit, will not be reheard. Although the court found his four-year sentence (one suspended) "unduly lenient," judgement has been returned, and only the sentencing portion of his case has been adjourned.

2013-12-18 · Dublin

Man twice arrested for IRA membership allowed Christmas bail

Kevin Braney, 39, of Tallaght, was granted temporary bail by the Special Criminal Court for the Christmas period, effectively placing him under house arrest. He is charged with membership of an unlawful organisation, namely the IRA, a charge he shares with seven co-accused: Des Christie, Eamon McNamee, Hubert Duffy, William Jackson, Declan Phelan, John Brock, and Darren Murphy. All eight men are alleged to have been involved in membership of the IRA. Mr. Braney had previously been granted bail on April 11, 2013, but gardai objected to his current application, alleging he breached prior conditions by associating with co-accused. Detective Inspector Michael Gibbons stated that gardai believed Mr. Braney would continue to commit offences. Mr. Justice Paul Butler accepted the objection but noted Mr. Braney was not deemed a flight risk. The court offered a compromise, changing his place of detention from Portlaoise Prison to his home address. Bail was granted from 9:00 am on December 23 to 4:00 pm on December 28, subject to a 24-hour curfew, an independent surety of €7,000, and a prohibition on associating with co-accused or anyone charged with a scheduled offence. The curfew was lifted between 9:30 am and 12:30 pm on Christmas Day to allow Mr. Braney to visit his mother's grave. The court acknowledged that granting bail imposed additional monitoring work on gardai.

2013-12-17 · Kildare

Two men who admitted running CIRA pipe bomb factory jailed

In a Special Criminal Court hearing in Dublin, James Brennan (45) and Joseph Kirwan (39) pleaded guilty to possession of explosive substances linked to a Continuity IRA pipe bomb factory. Brennan admitted manufacturing pipe bomb casings at his Newbridge home, while Kirwan was found welding components in a shed. Gardaí discovered six completed casings, a welder, grinder, welding masks, steel lengths, and other materials. Brennan, with 20 years in security, claimed he had distanced himself from republican activity and was placed in a non‑aligned cell at Portlaoise Prison. Kirwan, holding a mechanical engineering degree, expressed regret and pledged not to engage in future criminal acts. The court sentenced Brennan to seven years' imprisonment, suspending four years, and Kirwan to six years, suspending four years, with both sentences back‑dated to the arrest on 28 February 2013. The sentences reflect the court's view that the suspensions were appropriate given the defendants' undertakings.

2013-12-05 · Limerick

IRA accused read statement threatening Irish in British Army

Michael Kiely, 43, of Limerick, is currently on trial at the Special Criminal Court, having pleaded not guilty to membership of an unlawful organisation styling itself the IRA. The prosecution alleges that on January 6, 2013, Kiely read a Continuity IRA statement at a graveside oration in Limerick, identifying Irish enlistees in the British Army as "legitimate targets." The statement, signed by "Continuity IRA prisoners, Portlaoise gaol," was recorded by a radio reporter after the event's PA system failed. Prosecution counsel Shane Costelloe BL presented the recording to the court, which also heard evidence from Chief Superintendent Dave Sheehan regarding Kiely's alleged membership. During a search of Kiely's home, gardai found undelivered Christmas cards addressed to prisoners in Portlaoise jail, including one addressed to Rose Lynch, who was jailed for life last April for murder and IRA membership. The trial, presided over by Justice Paul Butler with Judges Margaret Heneghan and Flannan Brennan, is expected to last five days. The court will also consider evidence that gardai invoked Section 2 of the Offences Against the State (Amendment) Act 1998 during interviews, allowing inferences to be drawn from Kiely's refusal to answer certain questions.