Simon McGinley, aged 32 from Connaughton Road Car Park in Sligo, has had his appeals against conviction and sentence dismissed by the Court of Appeal. McGinley was convicted of the murder of Eugene Gillespie, a 67-year-old retired telecoms broker, who died following an assault at his home on Old Market Street on 19 September 2012. McGinley had admitted killing Mr Gillespie but denied the charge was murder. A jury found him guilty of murder in April 2014, and he received a mandatory life sentence along with concurrent sentences for false imprisonment and burglary. The three-judge court, presided over by Mr Justice George Birmingham, found no grounds of substance in McGinley's appeals. The court noted the seriousness of the offences and McGinley's significant criminal history of 21 previous convictions. McGinley was returned to prison to continue serving his sentences.
A settlement agreement between former Fine Gael TD John Perry, his wife Marie and Danske Bank concerning a €2.47m judgment has broken down, the Commercial Court heard. The couple had consented to the judgment in 2013 following the bank's provision of a facility in 2011 to restructure existing loans. Danske claims the Perrys failed to meet obligations under a subsequent settlement arrangement and terminated the agreement last August. The bank is now pursuing recovery of the debt and obtained a High Court order requiring the Perrys to provide a statement of affairs detailing their assets. When the case returned before Mr Justice Brian Cregan on Monday, the deadline for compliance had passed without submission. The judge extended the timeframe by two weeks and directed that either Mr Perry or his legal representatives must attend the next court hearing. An accountant appearing on the couple's behalf stated Mr Perry was ill and cited difficulties obtaining information from the bank.
John Hannigan, aged 48, was convicted of murdering his friend Anthony Fallon, 46, in Clonmel on 18 January 2012. Hannigan pleaded not guilty to both murder and assault causing harm. A Central Criminal Court jury found him guilty on both counts and he received a mandatory life sentence on 28 February 2014. The trial revealed that Hannigan had called an ambulance at River House before 7 a.m., reporting that Fallon had rung the doorbell and collapsed. A post‑mortem found 31 fractures to Fallon's ribs, collar and breast bones, with blunt force trauma to the head and trunk as the cause of death. Hannigan later admitted to the death, claiming he had lost his temper when Fallon would not stop talking and had punched him "hard and fast" like Bruce Lee. He denied having a black belt in karate. He is now awaiting the outcome of his appeal, which is expected on 22 November.
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.
Two men from County Sligo have been granted bail by the Special Criminal Court following their arrest in Co Leitrim during an operation targeting dissident republican activity. Damhan McFadden, aged 27, of Kilmacowen, Ballysodare and Julian Flohr, aged 35, of Rusheen Ard, Caltra, were charged with membership of an unlawful organisation styling itself the Irish Republican Army on 14 August. The court rejected a garda application requiring the men to notify police each time they left their home county, instead imposing twice-daily sign-on requirements at Sligo Garda Station. Both accused must observe a nighttime curfew, reside at their registered addresses, surrender their passports and refrain from leaving the jurisdiction. They are prohibited from contacting prosecution witnesses, attending republican commemorations or associating with one another. McFadden was released on bail of €4,000 personal bond with €7,000 independent surety, while Flohr was released on €120 personal bond with independent surety.
Two men from County Sligo have been charged with membership of an unlawful organisation styling itself the Irish Republican Army. Damhan McFadden, aged 27, of Kilmacowen, Ballysodare, and Julian Flohr, aged 35, of Rusheen Ard, Caltra, appeared at an out-of-term sitting of the Special Criminal Court on Tuesday following their arrest. Both men were apprehended in Sligo on 14 August and made no reply when cautioned by gardaí. The court heard evidence regarding their detention and the presentation of charges. Mr Justice Tony Hunt, presiding with Judges Sinead Ni Chulachain and William Hamill, remanded both defendants in custody pending their next appearance. The case is listed for mention on Friday, 19 August, when the men are scheduled to appear by videolink.
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 man has been sentenced to eight years imprisonment, with the final year suspended for three years, at the Central Criminal Court for the sexual abuse of his daughter over a decade-long period. The 50-year-old pleaded guilty to two attempted rapes and ten sexual assaults committed between 2003 and 2012 at the family farm and surrounding areas in County Sligo. The abuse began when the victim was five years old and occurred almost daily. The court heard the man had been diagnosed as a paedophile by a psychiatrist following an assessment linked to an addiction to pornography. The victim, now twenty, first disclosed the abuse to her school chaplain at seventeen. Mr Justice Tony Hunt ordered the man be registered as a sex offender and undergo eighteen months post-release supervision. The court noted there were other victims within the family beyond the primary complainant.
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.
Francis McLoughlin and Brian Wynne, otherwise Bernard, have had their appeals against convictions for historical sexual abuse adjourned. The men were found guilty by a jury at Sligo Circuit Criminal Court of indecently assaulting young boys in a period ending in January 1973. McLoughlin, who was found guilty of assaulting two boys, was sentenced to four years imprisonment with the final six months suspended. Wynne, who pleaded not guilty to assaulting one boy, received a wholly suspended two-year sentence. Both sentences were imposed by Judge Petria McDonnell on October 13, 2014. In their appeals, counsel argued that the convictions were unsafe due to trial mismanagement, including the refusal to order separate trials and issues regarding system evidence and corroboration. McLoughlin's lawyer contended that his client was prejudiced by being tried alongside Wynne, while Wynne's counsel highlighted the lack of system evidence in his client's case and alleged the trial judge inverted the burden of proof. The Director of Public Prosecutions countered that the alleged system of abuse was unusual and that Wynne was part of that system. The Court of Appeal, comprising Mr Justice George Birmingham, Mr Justice Garrett Sheehan, and Mr Justice Alan Mahon, reserved its judgment, meaning the matter was adjourned and not concluded.
A man in his fifties appeared before the Central Criminal Court in relation to serious sexual offences committed against his daughter over a decade-long period at the family farm in County Sligo. The defendant pleaded guilty to two counts of attempted rape and ten counts of sexual assault committed between 2003 and 2012. The prosecution indicated these charges were representative of thirty-seven total offences. The victim, now aged twenty, disclosed the abuse to her school chaplain at seventeen years old. During proceedings, she provided a victim impact statement describing the systematic nature of the abuse and its profound psychological effects. A psychiatric assessment concluded the defendant presented as a paedophile. Mr Justice Tony Hunt remanded the man in custody pending sentencing on 11 July, stating he required time to consider the case carefully given the gravity of the offences and concerns regarding rehabilitation and public safety.
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.
Damien Farrell, 40, was sentenced at the Central Criminal Court for sexually assaulting his niece. The defendant pleaded guilty to three counts of sexual assault committed in Dublin between April 1 and September 1, 1992, when the victim was eight years old. Prosecutors stated the assaults occurred while the victim was being babysat at her grandmother's house, where Farrell lived. The first two incidents involved physical contact of a sexual nature while both parties were fully clothed, while the third involved the accused and victim being unclothed. Ms Justice Margaret Heneghan imposed a two-year sentence suspended for three years. In passing sentence, the judge considered the devastating effects on the victim and her family, Farrell's guilty pleas, his letter of apology, and his current family circumstances. The judge noted the victim's statement that she is no longer a victim. Farrell, who has relocated to Sligo, wept as the sentence was read. He has been registered as a sex offender. Defence counsel highlighted that Farrell had disclosed the offences to his wife before marriage and had attended therapy following the incidents in 1992. The court accepted his plea of guilty to sexual assault on the third count.
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.
The Supreme Court has granted leave to appeal in McDonagh v Sunday World, a significant defamation case concerning the limits of jury verdicts and media freedom. The proceedings arose from a 1999 Sunday World article alleging that McDonagh was a drug dealer, loan shark, tax evader and criminal. At trial, a jury rejected the drug dealing and loan sharking claims but found the tax evasion and criminality allegations proven, awarding damages of €900,000. The Court of Appeal subsequently overturned the verdict, holding that the evidence on drug dealing was overwhelming and that the newspaper possessed a constitutional right to publish such material which could not be compromised by a jury finding. The Supreme Court has identified five issues of general public importance for determination, including whether appellate courts may reverse jury verdicts on defamation despite strong evidence supporting the defendant's case, and whether media constitutional rights override jury verdicts. The case raises fundamental questions about the intersection of jury findings, judicial review, and press freedom under Irish constitutional law.
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.
A 28-year-old man from Sligo has been sentenced to seven and a half years' imprisonment following his guilty plea to sexually assaulting his young cousin while babysitting. The offence occurred between 2007 and 2010. The Central Criminal Court heard that the victim and accused came from extremely dysfunctional backgrounds. The child was later removed to the care of a relative due to neglect. When that relative became concerned following a conversation with the child, gardai were contacted. The victim disclosed the abuse to specialist gardai. Mr Justice Patrick McCarthy acknowledged the man's alcoholism and difficult upbringing but noted his late guilty plea warranted only modest credit. A victim impact statement detailed the lasting psychological harm, including nightmares and difficulties in relationships. The defence argued the accused, who has never worked and struggles with severe addiction, was capable of remorse having chosen to face his actions.
Jamie Gordon, James Gantley, and David Ward were sentenced at Dublin Circuit Criminal Court after pleading guilty to various charges. Gordon, who admitted to trespassing with intent to commit an offence at an ESB substation on Ninth Lock Road, Clondalkin, on November 3, 2013, received a three-year jail sentence suspended in full on the condition that he keep the peace for five years. Gantley, who pleaded guilty to demanding money with menaces from DX staff, was sentenced to five years, which was suspended in full. Ward, who also pleaded guilty to demanding money with menaces from DX staff and attempting to dishonestly cause a loss to FBD Insurance between July 22, 2013, and January 1, 2014, was sentenced to one year in prison. The court noted Ward's previous conviction in determining his effective custody. All defendants had admitted their respective charges, and the proceedings reached the sentencing stage with no further adjournments recorded for these specific finalisations.
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.
A widow from Ballyhaunis, County Mayo, has settled her High Court damages action for €500,000 following the death of her husband at Galway Sportsgrounds. Dolores Byrne sued her late husband Declan's employer, CDM Steel Ltd, and the Connacht and Irish Rugby Football Unions after he was fatally injured on the site in April 2008. Mr Byrne, a steel fabricator, died when a steel girder fell and struck him while he was realigning it as part of gym construction works. Mrs Byrne had alleged the defendants failed to provide a safe workplace and adequate safety equipment. The defendants denied liability, with CDM Steel claiming Mr Byrne's own negligence caused the accident. Mr Justice Kevin Cross approved the settlement at the High Court on Wednesday, describing it as a very good outcome. The case against another defendant, Portant Developments Ltd, has been struck out.
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.
In a High Court hearing set for December 15, Fine Gael TD John Perry challenges the party's handling of the October 16 selection convention for the Sligo‑Leitrim constituency. Perry, who was not chosen to stand, seeks orders against Fine Gael trustees, alleging the convention's outcome was unlawful and fundamentally flawed. He claims serious irregularities, including members recorded as present and voting when they were absent, members whose votes were not recorded, and two previously unknown members added to the voting list. Perry also cites cases where members were recorded as voting despite not attending, and others who claimed to have voted but were not recorded. He argues the party failed to act because he did not lodge a complaint on the night to the returning officer. Fine Gael opposes the application, and both sides have agreed to a pre‑trial exchange of expert evidence summaries to expedite the hearing.
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.
A man accused of murdering a pregnant woman in Derry in 2008 told gardaí "I'm the man you're looking for" as he was being taken to Ballyshannon Garda Station, the Central Criminal Court has heard. Stephen Cahoon, aged 43, with an address in Derry, has pleaded not guilty to the charge of murdering Jean Teresa Quigley on July 26th, 2008. Detective Sergeant Desmond Sheridan testified that he spotted a man matching the accused's description in Donegal town on August 5th, 2008, and approached him at 8.50pm. The man initially provided a false name and address. During the journey to the garda station, the accused made the statement cited, whereupon he was arrested and provided his correct identity. The court heard that while in custody at Ballyshannon, the accused consumed a large quantity of Paracetamol tablets and was subsequently transferred to Sligo General Hospital. The trial, before Justice Deirdre Murphy and a jury, is continuing.
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.
Four men convicted of assaulting two off-duty gardaí at Charlestown in June 2012 have been imprisoned following a successful appeal by the Director of Public Prosecution against their original suspended sentences. Nico Barrett, aged 22, of Humbert Street, Sligo; David Leonard, aged 32, formerly of Rhue, Sligo; Daniel Phelan, aged 23, of Tower Crescent, Connolly Park, Sligo; and David Skeffington, aged 23, of Rathscanlon, Charlestown Road, Tubbercurry, had pleaded guilty to assault causing harm at Castlebar Circuit Criminal Court. The trial judge imposed three-year suspended sentences on Barrett, Leonard, and Skeffington, and a two-year suspended sentence on Phelan in October 2014. The Court of Appeal found the sentences unduly lenient. Mr Justice John Edwards, speaking for the three-judge court, stated that custodial sentences were unavoidable and that assaults on peace officers must be severely punished. Barrett received 14 months imprisonment, whilst the other three received 12 months each.