The Court of Appeal reduced the life sentence of a 40‑year‑old Dublin man, who had pleaded guilty to fourteen counts of sexual assault and defilement of an 11‑year‑old boy, to 15 years imprisonment. The man had previously been convicted of sexual offences and had avoided reporting a change of address to the sex offenders register. He had spent three years in a rehabilitation programme at Arbour Hill prison before sentencing. The Court held that his rehabilitation efforts moved the case out of the category for which a life sentence was appropriate. The Court also imposed 11‑year sentences for the sexual assault counts, to run concurrently from the original March 2014 date. The decision was based on the man's age, the duration of abuse, prior convictions and his rehabilitation work. The Court noted that the life sentence was a significant error in principle but still required a very significant sentence. The appeal was successful.
Michael Collins, aged 34, was convicted of murdering Packie Hogan, aged 42, on 10 February 2011. Collins pleaded not guilty and denied owning a rifle or ammunition. A Central Criminal Court jury found him guilty on all counts and he received a mandatory life sentence on 29 November 2012. Collins appealed, arguing the shooting was accidental and that he intended only to frighten Hogan. His defence cited a defective firearm with a hair trigger and no safety mechanism, and claimed he had no intent to kill. The Court of Appeal, led by Mr Justice Garrett Sheehan, dismissed the appeal, stating that any trial unfairness had been rectified and that the defence did not raise manslaughter. The appeal was rejected, leaving Collins' conviction and life sentence intact. The court noted no unusual circumstances required a different jury instruction. The case remains at the conviction stage.
The Court of Appeal ordered a retrial for Romanian national Ciprian Grozavu (42) after finding that the trial judge should have simply answered "yes" to a jury question. Grozavu had pleaded not guilty to the murder of Mr Duke on 12 November 2011 and was convicted of that murder by a jury at the Central Criminal Court, receiving a mandatory life sentence on 17 July 2013. During the trial, the jury asked the judge whether they could find one defendant guilty of murder without prejudicing the verdict in the case of the other defendant, referring to his girlfriend Catherine O'Connor (40). The judge replied that he was only concerned with Grozavu's case, a response the Court of Appeal deemed "of concern" and likely to have confused the jury. The Court therefore set aside the murder verdict and directed a retrial. Grozavu has also appealed his conviction for the murder of John Forrester.
Gary Howard, 28, of Dublin's North Inner City, was convicted of murdering Patrick Mooney (58) and Brendan Molyneux (46) on 10 January 2010. He was found guilty after a six‑week trial and received two life sentences on 25 May 2012. Howard appealed on grounds that his arrest, extended detention, and Garda interviews were oppressive and that he was denied access to a solicitor. The Court of Appeal, led by Mr Justice John Edwards, rejected all appeal grounds. The court noted that Howard's 26 Garda interviews were recorded and reviewed, that he was aware of his rights, and that the Gardaí had a legitimate concern for safety. Consequently, the appeal was dismissed and Howard's convictions and sentences remain in force. Gary Howard pleaded not guilty.
A 62‑year‑old Dublin man, whose name cannot be disclosed, pleaded guilty in the Central Criminal Court to 11 counts of indecent assault on two girls between 1978 and 1987. He was sentenced to nine years' imprisonment by Mr Justice Paul Carney on 27 February 2014. His barrister, Caroline Biggs SC, has now filed an appeal against the sentence, arguing that the judge erred in structuring the sentence and failed to consider significant mitigating factors. Ms Biggs contends that the starting point of the sentence before mitigation was unclear, that consecutive sentences were unnecessary, and that the maximum penalty for the offences should have been ten years rather than the two years believed. She also notes that the defendant had no prior convictions, was rendered homeless for four years, and that a psychological report indicating remorse was ignored.
Ciprian Grozavu, a 42‑year‑old Romanian, was convicted of murdering Jonathan Duke in Bandon on 12 November 2011 and received a mandatory life sentence from Mr Justice Paul Carney on 17 July 2013. He has now filed an appeal in the Court of Appeal. His barrister, Thomas Creed SC, argued that the trial judge failed to give the jury a clear option to return a manslaughter verdict, potentially prejudicing another case, and that the judge incorrectly addressed the jury on common design and did not discharge them at the end of the prosecution's case. The Director of Public Prosecutions' counsel, Timothy O'Leary SC, maintained that the trial was never a murder/manslaughter trial and that the defence had always claimed Grozavu did not commit the murder. The three‑judge panel, consisting of Mr Justice George Birmingham, Mr Justice Alan Mahon and Mr Justice John Edwards, has reserved judgment on the appeal. Ciprian Grozavu pleaded not guilty.
A Cavan man who raped his 16-year-old niece in early 1997 has been sentenced to six and a half years in prison, with three years of post-release supervision. The defendant, a 49-year-old man who cannot be named to protect the victim's identity, pleaded guilty to charges of rape, oral rape, and sexual assault. The Central Criminal Court heard that the victim's mother initially did not report the abuse to the gardaí, and the family was distressed when the girl eventually made a complaint. The victim described the impact of the abuse, stating that her world had crumbled and that her uncle had 'degraded and crushed' her. Mr Justice Patrick McCarthy noted the man's guilty plea, his position of trust, and the severity of the offences. The judge also acknowledged the man's low risk of re-offending and his efforts to address alcohol dependency. The case was finalised at the sentence stage, with no adjournments.
In 2007, Kieran Lynch, aged 49, was convicted of murdering his partner Catherine McEnery and sentenced to life imprisonment by Mr Justice Paul Carney. Lynch had previously pleaded not guilty at a Galway Central Criminal Court hearing in July 2005. The couple had lived together for ten years and moved into Rose Cottage in Craughwell in June 2005; Ms McEnery was found dead in a bedroom on 17 July 2005. Lynch appealed in December 2013, arguing that the trial judge misdirected the jury on provocation and that fresh evidence of a near‑drowning experience and high‑dose medication should be considered. In July 2015, Mr Justice Donal O'Donnell quashed the murder conviction, citing misdirection on provocation. A retrial was ordered. On the day of the retrial, Lynch was arraigned, pleaded not guilty to murder but guilty to manslaughter, and was remanded in custody. Mr Justice Patrick McCarthy directed that a probation report be prepared for sentencing on 18 July.
In 2010, 30‑year‑old Shane Millea stabbed his cousin Paul Harris to death with a flick knife. He pleaded guilty to manslaughter and was originally sentenced to ten years, with two years suspended, on the condition he never possessed a knife again. Millea appealed in 2014, arguing that his immediate remorse, staying at the scene, contacting emergency services and attempting CPR were mitigating factors. The Court of Appeal agreed, reducing the sentence to eight years with the final three years suspended. The court noted that Millea had acted in self‑defence after Harris attacked him with an axe handle, and that the offence was not at the upper end of the scale. The appeal court set aside the original ten‑year sentence and imposed the revised eight‑year term with a suspended portion, subject to good behaviour for four years. The decision was made without reference to any subsequent developments.
The Court of Appeal has reserved its judgment in the appeal by Joseph Warren, a Ballymun man convicted of conspiring to steal cash from Chubb Ireland at a Tesco supermarket in Cellbridge on November 2, 2007. Warren, who pleaded not guilty to the conspiracy charge, was sentenced to 14 years imprisonment in 2012, with the final three years suspended. He had previously pleaded guilty to possessing ammunition in Ballymun in 2009. His legal team argued the trial was unfair because the Director of Public Prosecutions allegedly "cleansed" the jury by excluding potential jurors from Cabra, Ballymun, and Finglas. Counsel Michael Bowman SC contended this was an unlawful, blanket ban that denied Warren a fair cross-section of peers, particularly given his defense of acting under duress. The DPP's counsel, Seán Guerin SC, countered that the exclusions were based on specific reasons or causes related to the gang's origins and the notoriety of a related shooting in Cabra, asserting that the remaining pool still provided a representative jury. The court, comprising Justices Birmingham, Sheehan, and Mahon, heard these submissions and indicated it would reserve judgment on the appeal.
Kenneth Wilson, 46, of Deansrath Road, Clondalkin, was sentenced by Judge Sarah Berkeley to four years' imprisonment for armed robbery at the Bawnogue Post Office in November 2012. Wilson entered the post office armed with an axe, while two other men carried a crowbar and an imitation handgun. They broke the security glass, took over €7,000 from the registers, and fled in a blue BMW. Wilson was later arrested, refused to admit guilt, and pleaded guilty to the robbery. The court noted Wilson's 18 previous convictions, including manslaughter and possession of firearms, and his earlier conviction for the 1992 killing of Patrick Joseph Craig. Judge Berkeley highlighted that Wilson had not re‑offended since the robbery and had been a law‑abiding citizen for the last four years. She imposed a four‑year term with the final 18 months suspended, leaving Wilson to serve two and a half years in custody.
Michael Collins, aged 34, has lodged an appeal against his conviction for the murder of Packie Hogan, aged 42, which occurred on 10 February 2011. Collins, who lives in Upper Kilmona, Grenagh, Co Cork, had pleaded not guilty to the murder, to possession of a rifle and to possession of ammunition with intent to endanger life. A Central Criminal Court jury found him guilty on all counts and he was sentenced to mandatory life imprisonment by Mr Justice Paul Carney on 29 November 2012. Collins now argues that the trial judge's directions to the jury on manslaughter were defective. He maintains that the shooting was accidental, that the firearm was defective and that he had no intention to kill, only to scare the deceased. The appeal is pending, with the court reserving judgment. The article does not report any further developments.
In March 2015, Mr Justice Paul Carney ruled that a 40‑year‑old man with intellectual disabilities was unfit to stand trial for rape. The Director of Public Prosecutions (DPP) appealed this finding in the Court of Appeal on 1 March 2016. Counsel Marjorie Farrelly argued that one psychiatrist had shown the man had untreated depression, but a third psychiatrist had found no evidence of depression on the day of assessment. Justice George Birmingham said the appeal should be dismissed, noting it challenged a factual finding of the Central Criminal Court. Farrelly also raised a second ground, questioning whether the judge had sent the man to inpatient or outpatient care after ruling him unfit. Justice John Edwards noted the DPP's interest in revisiting the man's fitness, and the court would reserve judgment on this second ground. The Court of Appeal will give reasons later.
In 2016, a Wicklow man, Declan Sheridan, aged 29, had his appeal against a life sentence for the murder of French musician and juggler Charles Sinapayen dismissed. Sheridan, who lived at Sugarloaf View, Sea Road, Kilcoole, had pleaded not guilty to the murder that occurred on the early hours of 29 May 2009 at Richmond Hill, Fassaroe, Bray. Sinapayen, 33, was shot through the window of an apartment he shared with his girlfriend Mary Kinlan. The Central Criminal Court found no known motive and, on 17 June 2011, Judge Paul Carney imposed a mandatory life sentence. Sheridan appealed on the ground that the jury should not have heard evidence of an informal identification procedure conducted at Shankill Garda Station while he was in custody.
A jury at the Central Criminal Court has been told that prior consensual sexual contact does not permit subsequent forced intercourse. The trial concerns a 22-year-old Donegal man charged with rape alleged to have occurred in an alleyway in Donegal Town in July 2012. The accused has pleaded not guilty. Prosecution counsel submitted that prior agreement to sexual contact did not constitute permission for further acts without consent, referencing established judicial guidance on such matters. Defence counsel argued the accused stopped immediately upon protest and questioned the prosecution's account of events. The jury of twelve was instructed to begin deliberations following the judge's address. The case remains before the court pending verdict.
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.
In 2016 the Court of Appeal dismissed Timothy Rattigan's application to have his 2005 conviction for the murder of 65‑year‑old Joan Casey declared a miscarriage of justice. Rattigan, 36, had been found guilty by a jury at the Central Criminal Court and sentenced to mandatory life imprisonment by Mr Justice Paul Carney. He argued that evidence obtained from a search of his house and his arrest would be inadmissible under the 2012 Supreme Court decision 'Damache', which declared section 29 search warrants unconstitutional. His counsel, Ken Fogarty SC, claimed the new ruling should render the evidence inadmissible. The Director of Public Prosecutions, Tara Burns SC, said the application was bound to fail. Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Edwards, agreed with the DPP, citing the 2014 McKevitt case and the 2014 'JC' judgment, and ruled that the appeal should be dismissed. Timothy Rattigan pleaded not guilty.
William Coster, aged 45, was convicted of sexually assaulting his step‑daughter, who believed him to be her father. The victim, now in her mid‑twenties, was aged 12‑16 during the abuse, which began in 2002 and ended after her sixteenth birthday. A jury at the Central Criminal Court acquitted him of all rape charges but convicted him of all sexual assault charges, sentencing him to 10 years imprisonment on 20 January 2014. Coster had pleaded guilty to five representative counts of sexual assault and denied the remaining counts and 35 rape charges. On appeal, the Court of Appeal found the 10‑year sentence "out of line" with comparable cases and reduced it to seven years, to run concurrently. Coster accepted the conviction and did not pursue further appeal. The judge noted the prolonged, intensive nature of the abuse and its profound impact on the victim.
Kenneth Wilson, 46, of Deansrath Road, Clondalkin, Dublin, faces sentencing for the robbery of Bawnogue Post Office in November 2012. Wilson, who was armed with an axe, entered the post office with two other men who had a crowbar and an imitation handgun. They broke the security glass, took over €7,000 from the registers, and fled in a blue BMW. Wilson was apprehended near Deansrath Lawns, where he was seen running from the vehicle. He was later arrested, interviewed ten times, and pleaded guilty to the robbery. Wilson has 18 prior convictions, including manslaughter and armed robbery, and was sentenced to ten years for possession of firearms in 2009. In court, his defence counsel stated that he views this robbery as the last of his offending behaviour, that he is seeking work, and that he poses a low risk of re‑offending. The judge ordered a probation report and remanded Wilson in custody until 15 April 2016.
Keith Hall, aged 26, was sentenced to 20 years for the manslaughter of 16‑year‑old Melanie McCarthy McNamara, who was shot in a car in Tallaght on 8 February 2012. Hall pleaded not guilty to murder but guilty to manslaughter, and the Director of Public Prosecutions accepted the plea. On appeal, the Court of Appeal quashed the original sentence, re‑imposed 20 years as the headline figure and suspended the final two‑and‑a‑half years. The appeal argued that the sentencing judge had not adequately considered mitigating factors such as Hall's drug addiction, dysfunctional background, remorse, family support and prospects for rehabilitation. The Court of Appeal found the judge's failure to specify the extent of any discount a departure from best practice, and ordered Hall to enter a bond to keep the peace during the suspended period. Hall was not directly involved in the shooting but assisted in events before and after the incident.
Jonathan Douglas, aged 30, was convicted of murder after shooting Aidan Bryne, 31, 10 times in Dublin on 20 February 2010. The jury found him guilty after an 11‑day trial and he received a mandatory life sentence on 23 July 2012. Douglas had been hired to kill Bryne, who was a front‑seat passenger in a Toyota Corolla driven by another man. Douglas waited for the car, walked up to it and fired 10 bullets into the passenger window, killing Bryne. The prosecution alleged Douglas had left a pub shortly before the shooting. In October the Court of Appeal heard Douglas's appeal, which centred on the admissibility of statements made by his step‑niece Stacey Douglas and her boyfriend Andrew Sheridan. The Court of Appeal, led by Justice Alan Mahon, dismissed all grounds of appeal, ruling that the judge had correctly admitted the evidence and that the jury had been properly directed. Jonathan Douglas pleaded not guilty.
In Athlone, a 32‑year‑old man was sentenced to life imprisonment for raping a nine‑year‑old and a six‑year‑old girl in a flat on 28 September 2013. He had pleaded guilty at the Central Criminal Court and was given a life sentence by Mr Justice Paul Carney on 3 March 2014. The man appealed the sentence, arguing it was excessive. His barrister, Sean Gillane SC, acknowledged the "nightmarish aspects" of the case and noted the seriousness of abducting and raping two very young children. Mr Justice George Birmingham, sitting with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon, dismissed the appeal, concluding that the sentencing judge had not erred in imposing a discretionary life sentence. The appeal was rejected on 21 December 2015. The case remains a life‑sentence conviction for the offender.
Darren Murphy, 38, of Passage West, Cork, was convicted of murdering Olivia Dunlea, a mother of three, in her Pembroke Crescent home on 17 February 2013, and of arson. He had pleaded not guilty to the murder but admitted killing her and setting the house on fire, claiming he did not want the children to find her. The Central Criminal Court jury found him guilty after four hours of deliberation and he received a mandatory life sentence on 29 May 2014. Murphy appealed on the basis that the trial judge's definition of provocation was incorrectly directed to the jury. The Court of Appeal allowed the appeal, remanded him in custody, and ordered a retrial. The Director of Public Prosecutions will seek a new trial. The case involved allegations that Dunlea had provoked Murphy by suggesting a former intimate would call, which he claimed enraged him.
A prosecution witness told the Central Criminal Court that she wrote to the late Mr Justice Paul Carney claiming a convicted killer had pressured her into making false allegations against the accused, the jury heard. Michael Kinsella, aged 22, with addresses in Tallaght and Cavan, has pleaded not guilty to the murder of Adil Essalhi on 6 January 2011. His uncle Wayne Kinsella was convicted of the killing in 2012. The prosecution contends that two people carried out the murder. The witness said Michael Kinsella was present with Wayne Kinsella when the latter returned to their shared Tyrrellstown apartment on 7 January carrying petrol. Under cross-examination, the defence highlighted that the witness had previously written to the judge stating Wayne Kinsella had forced residents to provide false evidence against Michael Kinsella as revenge. The defence suggested this indicated she would not fabricate testimony against the accused. The trial continues at the Central Criminal Court.
Keith Hall, aged 26, was sentenced to 20 years' imprisonment for the manslaughter of 16‑year‑old Melanie McCarthy McNamara, who was shot in a car in Tallaght on 8 February 2012. Hall pleaded not guilty to murder but guilty to manslaughter, and the Director of Public Prosecutions accepted the plea. He was convicted by Mr Justice Paul Carney on 31 July 2013. Hall has now applied to appeal the sentence, arguing that the judge gave insufficient weight to mitigating factors such as his admissions, remorse, young age and guilty plea. His barrister, Caroline Biggs SC, contended that the judge's remarks did not clarify any discount applied and that Hall's intoxication with crack cocaine and benzodiazepines on the day of the offence should have been considered. The DPP's counsel, Brendan Grehan SC, noted that the judge had indicated the sentence was on the higher end of the manslaughter scale, between a life sentence and the maximum 20‑year term.
Gary Campion, aged 31, had two life sentences for separate murders. He appealed both convictions. The Court of Appeal dismissed his appeal for the murder of Brian Fitzgerald and confirmed his conviction for the murder of Frank Ryan. Campion denied involvement in both killings. The appeal focused on the admissibility of witness statements by Mr Errol Ibrahim, who was present at the scene and later retracted his statements. The Court of Appeal upheld the trial judge's decision to admit Ibrahim's statements under section 16 of the Criminal Procedure Act 2006. The court also considered other evidence, including pathology and ballistic evidence, and rejected all arguments presented by Campion's lawyers. The conviction for Frank Ryan's murder was therefore confirmed by the Court of Appeal.
In 2013, a 32‑year‑old man lured a nine‑year‑old and a six‑year‑old girl from a children's birthday party in Athlone, threatened to cut their parents' throats, and repeatedly raped them in a flat. He pleaded guilty at the Central Criminal Court and was sentenced to two life sentences by Mr Justice Paul Carney on 3 March 2014. On 14 November 2015 he moved to appeal the life sentences, arguing they were excessive. His barrister, Sean Gillane SC, acknowledged the "nightmarish aspects" of the case and noted the man's full admissions and early plea. The appeal was filed on the basis that the single set of offences might be viewed differently, but the court was instructed to reserve judgment and deliberate further. The appeal remains pending.
Two men, aged 22 and 24, were convicted of attempted rape, sexual assault and oral rape after a jury found them guilty in a 2012 trial for an alleged predatory gang rape in Cork. The men denied the charges. They were sentenced to ten years' imprisonment each in January 2013. Their appeals against conviction were dismissed in July, but they successfully appealed their sentences. The Court of Appeal reduced each sentence to ten years with the final 12 months suspended, citing rehabilitation considerations. The men were 16 and 18 at the time of the offence, and the victim was 31. The case involved a van with a mattress and four males present. The men were required to enter €100 bonds for good behaviour during custody and for three years after release. The article does not state any further legal developments.
A 'Devout Muslim' who attempted to murder his wife by bludgeoning her in the head with a kettle-bell has had his jail term reduced on appeal. Lounes Ouachek (45), of St Dominic's Terrace, Tallaght, Dublin 24, had pleaded guilty at the Central Criminal Court to the attempted murder of Ruta Ouachek (35) at that address on August 23 2012. He was initially sentenced to 15 years imprisonment with the final three suspended by Mr Justice Paul Carney on July 21 2014. The Court of Appeal found that the sentencing judge erred in failing to take account of any other potential mitigating factors in Ouachek's favour and, accordingly, imposed a new sentence on him of 15 years imprisonment with the final four suspended. Mr Justice Edwards, who sat with Mr Justice George Birmingham and Mr Justice Alan Mahon, quashed the existing sentence and imposed the new sentence. Ouachek was required to enter into his own bond of €1,000 to keep the peace and be of good behaviour while in custody and for a period of four years post release. He was also required to comply with all directions of the probation service and to have no contact with the victim in perpetuity. The matter was adjourned.
Darren Murphy, 38, of Passage West, Cork, was sentenced to life imprisonment in 2014 for the murder of Olivia Dunlea, a mother of three, at her Pembroke Crescent home on 17 February 2013. He admitted unlawfully killing her and setting her house on fire, claiming he did not want the children to find her. Murphy pleaded not guilty to the murder charge but guilty to the arson charge. The Central Criminal Court jury, after four hours of deliberation, found him guilty of murder and the judge imposed the mandatory life sentence. He has now filed an appeal on four grounds, including alleged misdirection by the trial judge regarding the defence of provocation. The Court of Appeal will reserve judgment and deliver a decision as soon as possible. The appeal concerns only the conviction, not the sentence. The case remains at the appeal stage.
Eamonn McCall, a 42‑year‑old former US Marine from Carlow, was convicted at the Central Criminal Court of indecent assault and attempted rape of his niece between 1990 and 1993. The original 12‑year sentence, with two years suspended, was reduced on appeal to 10 years, with the suspension unchanged. His concurrent 10‑year sentence for indecent assault was also reduced to eight years. The Court of Appeal, citing a prison governor's report and McCall's willingness to participate in a sex offenders programme, maintained post‑release supervision arrangements. The case involved four offences: oral rape, digital penetration, forced masturbation and attempted vaginal rape, with the victim aged between seven and eleven at the time of the acts. The appeal decision was delivered by Mr Justice George Birmingham, joined by Mr Justice Garrett Sheehan and Mr Justice John Edwards. The reduction was made without altering the suspended portion or the effective custodial term. Eamonn McCall pleaded guilty.
Jonathan Douglas, aged 30, was convicted of murder after shooting Aidan Bryne 10 times in Dublin in 2010 and received a mandatory life sentence. He pleaded not guilty at the Central Criminal Court, but a jury found him guilty after an 11‑day trial. The prosecution argued Douglas had been hired to kill Bryne, who was a front‑seat passenger in a Toyota Corolla driven by another man. Douglas allegedly waited for the car, then fired 10 bullets into the passenger window, killing Bryne. The court heard that Bryne died from multiple gunshot wounds, with eight bullets exiting his body and two remaining inside. Douglas has now filed an appeal, challenging the trial judge's handling of witness statements from his step‑niece and her boyfriend, who had initially implicated him but later recanted. The appeal was opened in the Court of Appeal, where the judge will consider whether the judge's treatment of the statements was correct. The case remains pending.
The Court of Criminal Appeal has dismissed the conviction appeals of two men, aged 22 and 24, who were previously jailed for the attempted rape of a woman in a van. The appellants, who were 16 and 18 at the time of the 2009 incident, had been found guilty by a Central Criminal Court jury in November 2012. The 22-year-old was convicted of attempted rape, sexual assault, and oral rape, while the 24-year-old was convicted of attempted rape and sexual assault. A third accused was acquitted on all counts. Mr Justice Paul Carney sentenced both men to ten years' imprisonment in January 2013. The 22-year-old also pleaded guilty to stealing the victim's car at the outset of the trial. In today's ruling, Mr Justice Alan Mahon, sitting with Mr Justice George Birmingham and Mr Justice Garrett Sheehan, stated that the original trial was conducted in an "exemplary fashion" and that the convictions should stand. The court rejected the appellants' argument that the trial judge erred in law, rendering the convictions unsafe. The men are due to appeal their sentences at a later date.
During a 2015 trial, it was revealed that several changes were made to the name and address details on former Anglo Irish Bank chairman Sean FitzPatrick's account in the bank's internal record system after the account was closed. The trial involved three Anglo officials—former company secretary Bernard Daly (65), former Chief Operations Officer Tiarnan O'Mahoney (54), and Aoife Maguire (60)—who pleaded not guilty to seven alleged offences committed in 2003 and 2004. They were accused of attempting to delete references to two accounts in the name of John Peter O'Toole, FitzPatrick's brother‑in‑law, from Anglo's Core Banking System (CBS) and of omitting O'Toole's name from a list provided to the Revenue Commissioners of people who held non‑resident accounts worth more than €100,000 in 1995. O'Mahoney and Maguire also denied trying to delete six other accounts connected to FitzPatrick from the CBS.
Frank Cunningham, aged 30, was convicted of murdering Patrick Walsh, 27, in 2004 and sentenced to life imprisonment in 2005. He sought to have his conviction declared a miscarriage of justice, arguing that new Supreme Court rulings on solicitor access (Gormely and White, 2014) had been overlooked and that his admissions at Garda station should have been inadmissible. The Court of Appeal dismissed his application as an abuse of process, noting that he had inconsistently requested a solicitor and that no new facts had been presented. The court held that Cunningham's case could not be distinguished from a similar case (McKevitt) and that reopening a final conviction on the basis of a new precedent was not permissible. Consequently, Cunningham remains in prison to serve the remainder of his life sentence. Frank Cunningham pleaded not guilty.
A 21‑year‑old Dublin man, whose identity is protected, was given a suspended three‑year prison sentence for sexually assaulting his five‑year‑old niece. The victim, who had been a child rape victim herself, was forced into the man's bed at night because she feared ghosts and the dark. The man had previously been abused as a child and had pleaded guilty to two counts of sexual assault between April and November 2011. He had received counselling for his own abuse and was ordered to continue therapy and to live in a home for children from dysfunctional backgrounds. The court noted his early admission, guilty plea and cooperation as mitigating factors, and the sentence was suspended on the condition of ongoing treatment and residence in the specified home.
The Court of Appeal considered whether Gary Howard, 27, who was convicted of the 2010 double murder of Patrick Mooney (58) and Brendan Molyneux (46), was entitled to have his solicitor present during Garda interviews. Howard had pleaded not guilty at the Central Criminal Court and was found guilty after a six‑week trial, receiving two life sentences on 25 May 2012. He appealed on the grounds that his solicitor should have been present during the interviews, that he was denied access to his solicitor despite three requests, and that he was subjected to psychological pressure before making admissions that he later retracted. Seán Gillane SC argued that Howard's right to silence was undermined by the Gardaí's conduct and that the absence of a solicitor violated the Supreme Court's Gormley and White decision.
A 57-year-old man with a history of paramilitary activity has had his prison sentence reduced on appeal following his conviction for sexually abusing two young girls in Donegal. The Court of Appeal in Dublin reduced his sentence from fifteen years to thirteen years imprisonment, with the final three years suspended. The man pleaded guilty in 2012 at the Central Criminal Court to sixteen counts of rape and indecent assault against two girls between November 2008 and May 2009. The offences occurred across four locations over a nine-month period. The court heard the man had fled the jurisdiction after detection but was subsequently returned on foot of an extradition warrant. The three-judge panel, led by Mr Justice George Birmingham, determined the original sentence was excessive as a starting point. Conditions of release include a €1,000 bond, eighteen months post-release supervision, and a permanent prohibition on contact with the victims.
Paul Henry, a 29-year-old Roscommon man, has successfully appealed his acquittal for the murder of his mother, Ann Henry, at The Spinney, Abbeystown, in September 2011. Henry had originally pleaded not guilty to the charge. At the Central Criminal Court in Castlebar, a jury found him not guilty by reason of insanity, resulting in his commitment to the Central Mental Hospital by Mr Justice Paul Carney in May 2014. Henry sought a retrial to plead and potentially be convicted of manslaughter by reason of diminished responsibility, aiming for a determinative sentence rather than indefinite detention. The Court of Appeal, comprising Mr Justice George Birmingham, Mr Justice Garrett Sheehan, and Mr Justice John Edwards, ordered a retrial. The court found an "element of misdirection" by the trial judge regarding the burden of proof. The judgment clarified that where the prosecution contends for a verdict of not guilty by reason of insanity, the prosecution must prove this on the balance of probabilities. The court noted that the previous outcome led to heavy medication and indefinite detention, whereas a murder conviction would result in a different prison regime. The retrial is scheduled to be listed in the Central Criminal Court in two weeks. This case is noted as the first in Ireland to address the standard of proof for this specific prosecution-led insanity verdict.
During his final sitting at the Four Courts on 24 April 2015, Mr Justice Paul Carney retired after more than five decades of service as Ireland's most senior criminal judge. He was called to the Bar in 1966 and appointed to the High Court in 1991, presiding over hundreds of civil and criminal cases, including high‑profile rape, murder and manslaughter trials such as those of Wayne O'Donoghue, Michael Bambrick and the Mulhall sisters. Carney also sat on the three‑judge High Court that heard the Marie Fleming assisted‑suicide case and was involved in the 1986 Kenny appeal that introduced the exclusionary rule. He was known for his strict adherence to tradition, wearing a horsehair wig, and for being a "tough but fair" judge who insisted on high standards and the rights of victims.
A 21‑year‑old man was jailed for two years at the Central Criminal Court after pleading guilty to one count of defilement of a child. The offence occurred on 4 August 2012 when he had sex with a 15‑year‑old girl at an 18th‑birthday party in County Meath. The girl had slept at 2.30 am and the man entered her room at 6 am, having sex with her without a condom. She reported the incident to the gardai that day, leading to his arrest. He pleaded guilty in January 2015 and has been in custody since. Mr Justice Paul Carney sentenced him to three years' imprisonment, with the final year suspended, and imposed a €1,000 bond and a lifelong prohibition from approaching the victim. The court noted the man's guilty plea, his work ethic, and the serious impact on the victim.
A 21‑year‑old man pleaded guilty to one count of defilement of a child after having sex with a 15‑year‑old girl at an 18th birthday party in County Meath. The girl was staying at a friend's house when the man, who had previously met her at a hotel, entered her room at 6 am and had sex with her without a condom. She reported the incident to the Gardaí that day, leading to the man's arrest and subsequent guilty plea in January 2015. He has been in custody since then and will be sentenced on 23 April. In a victim impact statement read by Caroline Biggs SC, the girl, now 18, described the lasting emotional harm and the support she received. Derek Kenneally SC defended the man, noting his remorse, drinking problem, unemployment, and engagement with Alcoholics Anonymous and educational courses while in custody. The court will consider these factors when sentencing.
A 23-year-old man from Mount Prospect, Roscommon, has been sentenced to ten years imprisonment, with the final two years suspended, following his conviction for manslaughter at the Central Criminal Court. Ray Gralton pleaded guilty to the manslaughter of Sara Staunton, a 28-year-old mother-of-two, who died at her home in Portagh, Mayo Abbey, Claremorris on 13 December 2013. The court heard the pair had been in a turbulent relationship marked by heavy alcohol consumption. During the evening of her death, a violent altercation occurred between Gralton and Ms Staunton, during which she sustained severe blunt force trauma to the head. A pathologist confirmed multiple bruises and brain damage. Mr Justice Paul Carney noted the offence's inherent gravity and the impact on the deceased's family. In imposing sentence, the judge acknowledged Gralton's remorse and good work record. The suspended portion is conditional on a €1,000 bond and that Gralton maintain distance from the Staunton family.
The High Court granted bail to Trevor Noone, a Dublin man charged with murdering 17‑year‑old Daniel McAnaspie in 2010. Noone, who lives on Whitestown Avenue, Blanchardstown, faces a murder charge. His lawyer, Michael O'Higgins SC, presented six bail terms to the Central Criminal Court. These include a €5,000 bond, weekly Garda sign‑ins, residence at Briarwood Avenue, Mulhuddart, surrendering any passport, no contact with witnesses, and providing a contact number. Mr Justice Paul Carney approved the bail on these conditions, with a trial date to be set later.
At the Central Criminal Court on April 13th, Kevin Moran was sentenced to twelve years imprisonment, with the final two years suspended, for the manslaughter of archaeologist Emmett Connolly. The thirty-year-old from Lodgeview, Cootehill, County Cavan, pleaded guilty to manslaughter following a jury finding in February that he was not guilty of murder. Mr Connolly, aged thirty-two from Rockcorry, County Monaghan, died from seventeen stab wounds sustained on September 28th, 2013. Mr Justice Paul Carney imposed the sentence on condition that Moran maintain a bond of one thousand euro and remain away from the deceased's family. The court heard evidence regarding the gravity of the attack and its impact on those bereaved. The Connolly family released a statement expressing relief that proceedings had concluded whilst acknowledging their ongoing grief. Moran was remanded in custody from December 7th, 2013.
In a 2015 Central Criminal Court hearing, Henry Crowe, aged 57, was sentenced to 12 years' imprisonment for repeatedly raping his partner's daughter, Majella Cahill, between 1988 and 1992. The offences were pleaded guilty and involved five separate rapes when Cahill was aged 11 to 15. Judge Paul Carney declared Crowe a sex offender, citing the gross breach of trust, the victim's age and the multiplicity of offences. The sentence was back‑dated to March 2013, with the final two years suspended due to Crowe's early guilty plea, remorse and good character. Crowe was ordered to undergo 18 months of post‑release supervision and to stay away from Cahill upon release. The hearing included Cahill's victim impact statement, detailing her childhood neglect, abuse by her grandfather, and the abuse she suffered from Crowe, which she described as daily and horrific. The court noted that Crowe had no prior convictions.
In a North Dublin town, a 39‑year‑old man named Jooda Akanbi, of Ashton Avenue, Applewood, Swords, pleaded not guilty to two charges before the Central Criminal Court. He is accused of murdering 45‑year‑old Taiwo Jamani on 13 November 2013 on Main Street, Swords, and of intentionally or recklessly causing serious harm to Jamani on 10 October 2013. Akanbi, wearing a black suit and cream shirt, was arraigned and a jury of five women and seven men was sworn in. The trial is set to begin the following day and is expected to last two weeks.
Lawyers for Saverio Bellante, a 35‑year‑old Italian accused of murdering journalist Tom O'Gorman on 11 or 12 January last year at their shared house in Castleknock, have told the Central Criminal Court that insanity will be an issue in the case. The defence, represented by Seán Guerin SC, said the trial would be short. Mr Justice Paul Carney granted a request for an earlier trial date and allowed the transfer of Bellante's legal aid to another firm of solicitors.
Gerard Creighton, 49, was sentenced to three years in prison for failing to inform the Gardaí of his change of address between November 2013 and February 2014, for an attempted robbery at a bookmaker's on 28 February 2014, and for possessing an imitation firearm. He entered the shop in Dublin city centre armed with a 6mm air pistol loaded with ball bearings, handed a bag to a female staff member, and demanded money be placed in it. The woman fled, and Creighton left without any money. Gardaí recovered the pistol from a bin and later found his DNA on it. He also admitted possession of a stolen travel pass in the name of Michael Connors. The court noted his six prior convictions under the 2001 Sex Offenders Act and his registration as a sex offender in 1999. Judge Martin Nolan back‑dated the sentence to February 2014. Gerard Creighton pleaded guilty.
A trial date has been set for Dr Bernadette Scully, a 57‑year‑old GP from Emvale, Tullamore, Co Offaly, who is accused of murdering her 11‑year‑old daughter Emily Barut at their family home on 15 September 2012. Mr Justice Paul Carney scheduled the trial for 21 November 2016 at the Central Criminal Court.