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.
Finbar Tolan, a cattle dealer and farmer from Middle Mace, Claremorris, Co Mayo, is suing Aurivo Co Op, formerly Connaught Gold Co Op Society Ltd, in the High Court for alleged breach of contract. The applicant claims the defendant failed to honour a July 2012 agreement regarding credit terms for cattle purchased at Balla and Ballinrobe marts. Mr Tolan alleges that after securing bank arrangements to comply with reduced credit terms, the co-op sought further amendments in August 2012. He claims he was subsequently barred from trading at the Balla mart, preventing him from fulfilling a contract to deliver ninety cattle to a meat plant, which led to the loss of that contract and his eventual exit from business. The defendant denies these claims, stating the action was a response to separate High Court proceedings it brought in October 2012. The co-op secured a judgment for €154,000 in those proceedings, which has been appealed to the Supreme Court. Mr Tolan stated he wished to consolidate the two matters, but his application was refused. The case, heard before High Court President Mr Justice Nicholas Kearns, continues.
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.
The President of the High Court has rejected applications by three men imprisoned for drug possession offences, who sought release following a Court of Appeal decision that struck down provisions of the Misuse of Drugs Act as unconstitutional. Keith Willis was convicted of possessing ecstasy tablets after gardaí discovered drugs in his vehicle in Sligo in 2012. Anthony Murphy and Joseph Carberry were each convicted of possessing synthetic cannabis and pentedrone respectively for supply purposes. The men argued their detention had become unlawful after the Act's regulatory framework was found unconstitutional, contending the substances were not legally prohibited at the time of their arrests. Mr Justice Nicholas Kearns dismissed the applications, finding their detention remained valid. He held that prior Supreme Court authority established that cases concluded under laws subsequently found unconstitutional need not be reopened absent wholly exceptional circumstances. The judge determined none of the applicants satisfied the threshold for such exceptional relief. Anthony Murphy pleaded guilty. Joseph Carberry pleaded guilty. Keith Willis pleaded guilty.
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.
Ray Gralton, aged 23, of Mount Prospect, Roscommon, pleaded guilty to the manslaughter of Sara Staunton at the Central Criminal Court on March 23rd, 2015. Ms Staunton, aged 28, died at her home in Portagh, Mayo Abbey, Claremorris on December 13th, 2013. The court heard evidence that the couple had been in a turbulent relationship lasting twelve months, characterised by domestic violence and alcohol abuse. On the night in question, a violent altercation occurred involving multiple physical confrontations. A post-mortem examination determined Ms Staunton died from severe blunt force trauma to the head. Detective evidence indicated beer cans struck to her head were the likely cause of death. Victim impact statements from Ms Staunton's mother and former partner detailed the profound effect on her two children. Mr Justice Paul Carney remanded Gralton in custody pending sentencing scheduled for April 13th, 2015.
Keith Willis, a Dublin man currently incarcerated at Wheatfield Prison, has brought an application under Article 40 of the Constitution seeking an inquiry into the legality of his continued detention. This follows a recent Court of Appeal judgment that struck down a government regulation declaring possession of certain drugs an offence, ruling that Section 2(2) of the 1977 Misuse of Drugs Act was unconstitutional because it vested law-making powers in the Government rather than the Oireachtas. Willis argues that the Misuse of Drugs Act provision making possession of ecstasy an offence was invalid when he received his custodial sentence. In 2013, Willis pleaded guilty to possessing ecstasy tablets, valued at €31,250, for sale or supply at Sligo Garda Station. Judge Anthony Hunt sentenced him to five years in prison, with the last two years suspended. Although the source text mentions a three-year jail term in the introduction, the specific sentencing detail provided is five years with two suspended. Today, High Court President Mr Justice Nicholas Kearns directed that an inquiry into Willis' detention be heard. The matter was adjourned to next week. This application arises from the Court of Appeal ruling in an action brought by Stanislav Bederev, which temporarily made psychoactive drugs legal before emergency legislation was introduced.
In a Kildare incident, Tadgh Delaney, aged 41, assaulted and robbed his ex‑girlfriend, a 36‑year‑old woman, on 29 January 2014. He pleaded guilty to assault and to robbing her mobile phone and €130 cash. The victim, whose identity is protected, appealed to Judge James O'Donohoe to avoid jail, arguing that Delaney had turned his life around. The judge had previously indicated a possible 240‑hour community service sentence in lieu of a six‑month jail term. Judge Martin Nolan confirmed this order after a Probation Service report deemed Delaney suitable for community service, requiring the work to be completed within one year. The case highlighted Delaney's history of road‑traffic offences, theft, and a former heroin addiction, and the victim's claim that he had begun to change after their relationship ended.
A 46‑year‑old man, who had been jailed for neglecting his children, was convicted of raping his daughter and sentenced to 12 years' imprisonment. He appealed the conviction, arguing that the trial judge had erred by refusing to direct the jury to acquit, making the verdict perverse. The Court of Appeal dismissed the appeal, with Justice Garrett Sheehan announcing that reasons would be given in a written judgment later in the month. The man's barrister, Blaise O'Carroll SC, claimed the victim's evidence was "extraordinary, bizarre, contradictory, and incredible," and that allowing any of it would undermine the justice system. The Director of Public Prosecutions' counsel, Dominic McGinn SC, countered that the jury was best placed to assess credibility and that the judge had properly summarised all evidence, including inconsistencies. Justice George Birmingham noted the court would reserve judgment until March. The appeal was therefore rejected, leaving the 12‑year sentence in place. The unnamed 46-year-old pleaded not guilty.
Gary Campion, a 31‑year‑old Limerick resident, is set to resume his appeal against the second murder conviction for the killing of Frank Ryan, which occurred in Moyross in 2006. Campion had previously denied involvement in the murder of bouncer Brian Fitzgerald in 2002 and the murder of Ryan in 2006. He was found guilty in two separate Central Criminal Court trials and received two life sentences, one in 2007 and another in 2009. In the appeal, his barrister, Martin O'Rourke SC, argued that the admission of evidence from Errol Ibrahim was improper. Ibrahim, a passenger in the car where Ryan was shot, was allegedly pressured by Gardaí to testify, and the trial judge did not give a "no case to answer" direction. The appeal will be heard by the Court of Appeal on Friday before Justices Seán Ryan, George Birmingham and Garrett Sheehan.
In 2015 the Court of Appeal heard an appeal by Gary Campion, 31, who had been convicted of two murders in Limerick. Campion denied involvement in the 2002 killing of bouncer Brian Fitzgerald and the 2006 murder of Frank Ryan. He had received two life sentences, one in 2007 and another in 2009. The appeal argued that the trial for Fitzgerald's murder was flawed because the defence could not obtain a psychiatric examination of the key prosecution witness, James Martin Cahill. Cahill's medical notes suggested paranoia and hallucinations, and his testimony was said to be inconsistent. The defence claimed that without a proper medical assessment the trial was unfair. The Director of Public Prosecutions accepted that Cahill's evidence was central but argued that other corroborating evidence, including a taxi driver's account and a witness describing Campion's "joined eyebrows", supported the conviction.
Gary Campion, aged 31, has lodged appeals against two separate murder convictions. The first conviction concerns the killing of 34‑year‑old bouncer Brian Fitzgerald outside his home on 29 November 2002; the second concerns the shooting death of 21‑year‑old Frank Ryan on 16 September 2006. Campion denied involvement in both murders. He was found guilty in two separate Central Criminal Court trials and received two life sentences, one imposed by Justice Peter Charleton on 15 November 2007 and the other by Justice Paul Carney on 28 May 2009. In the appeal for the Fitzgerald case, counsel Martin O'Rourke argued that the trial was unfair because the defence was not allowed to have the key prosecution witness, convicted murderer James Martin Cahill, examined psychologically or psychiatrically. O'Rourke cited medical notes indicating Cahill's paranoia and hallucinations, and claimed that without a proper medical assessment the witness's testimony could not be reliably relied upon.
The trial of Mark Nash at the Central Criminal Court resumed following legal argument on this date. Nash, aged 42, has pleaded not guilty to charges of murdering two women in sheltered accommodation at Grangegorman in March 1997. The alleged victims, both residents of the facility attached to St Brendan's Psychiatric Hospital, died between March 6 and 7 that year. Forensic Science Laboratory staff gave evidence regarding DNA and blood analysis conducted on samples collected from the scene. A laboratory member stated that whilst DNA was extracted from timber bearing blood marks, the quantity proved insufficient for detailed profiling due to contamination. A second witness, now employed as an IT lecturer, presented findings from blood samples examined in 1997. Mr Justice Carroll Moran directed the jury to return at 11am the following morning for evidence to resume.
Kevin Moran (30) of Cootehill, County Cavan, was convicted of manslaughter at the Central Criminal Court following a six-day trial concluding in February 2015. He had pleaded not guilty to murder but guilty to manslaughter in connection with the death of Emmett Connolly (32) from Rockcorry, County Monaghan, on 29 September 2013. The court heard that Mr Connolly was stabbed seventeen times following an argument at Lodgeview, Cootehill. A jury found Moran guilty of the lesser charge. Evidence indicated Mr Connolly, an archaeologist who had recently returned from Australia, sustained multiple wounds primarily to his shoulder and upper back region. Sentencing was adjourned to 13 April. During proceedings, the victim's father delivered an impact statement describing the family's transition from ordinary life to what he characterised as a "journey to hell" following the fatal incident.
In March 2015, a Dublin man, Henry Crowe, aged 57, was sentenced for repeatedly raping his former partner's daughter, Majella Cahill, between 1988 and 1992. The victim, who was 11 to 15 years old during the offences, had previously pleaded guilty to five rape charges. Crowe pleaded guilty at the Central Criminal Court and was remanded in custody until his sentencing. Cahill's victim impact statement detailed a childhood marked by neglect, abuse by her grandfather, and ongoing sexual assault by Crowe, who began a relationship with her mother and raped her daily. She described severe emotional trauma, including depression, anxiety, and suicidal thoughts, and her efforts to seek counselling. Crowe had no prior convictions and expressed remorse, offering to apologise to Cahill for his crimes.
In 2015, Joseph Hogan, aged 61, was sentenced to 15 years in prison for raping his seven‑year‑old niece, Sonya Stokes, between 1984 and 1988. The Central Criminal Court convicted him of one count of attempted rape, three counts of rape and three counts of indecent assault. Hogan had previously been jailed in 1973 for six months for an indecent assault and had further convictions in 1974, 1995, 1998 and 2013 for related offences. The judge, Mr Justice Carney, found no mitigating factors such as remorse or good character and imposed concurrent sentences of 10 years for the attempted rape and eight years for the sexual assault counts, totaling 15 years. A victim impact statement described the lasting trauma inflicted on Stokes, who chose to waive her anonymity to speak publicly about the abuse. The sentence included 18 months of post‑release supervision. Joseph Hogan pleaded not guilty.
A Roscommon man acquitted of his mother's murder by reason of insanity has appealed against the verdict, seeking a retrial on grounds of diminished responsibility. Paul Henry was sent to the Central Mental Hospital in May 2014 following his acquittal at Castlebar. His counsel argued the trial judge misdirected the jury on the burden of proof regarding insanity, and that the Court of Appeal has jurisdiction to order a retrial and correct the error. The Director of Public Prosecutions opposed the appeal, contending the court lacks power to retry insanity verdicts under existing legislation. During submissions at the Court of Appeal, one judge remarked that Henry might have a better life serving a prison sentence than remaining in the Central Mental Hospital. The three-judge panel reserved judgment, noting the matter would require considerable consideration. Paul Henry pleaded not guilty.
Bilal Idrees, 24, a Pakistani native, was sentenced by the Central Criminal Court to two years' imprisonment for each of two offences committed between 11 and 22 November 2012. He pleaded guilty to theft at an apartment in Dublin on 11 November 2012 and to impersonating a member of the gardaí over the same period. Idrees had been living in Ireland since May 2011, though he had no entry record. On 11 November he visited the apartment of a woman working as an escort, claiming to be a garda and demanding €150 in exchange for "wiping her record". He also made threatening phone calls for several days after the visit. The woman, a foreign national with limited English, later sought help from a social worker and contacted the gardaí. Gardaí arranged a meeting at the apartment, arrested Idrees on 22 November, and he admitted the offences. He had no prior convictions and expressed remorse.
A 61‑year‑old Limerick man, who was jailed in the early 1970s for indecent assault, will be sentenced next week for raping his seven‑year‑old niece between 1984 and 1988. He was convicted by a jury at the Central Criminal Court of one count of attempted rape, three counts of rape and three counts of indecent assault. He was remanded in custody for sentencing. The victim, whose name is withheld, said in a victim impact statement that her uncle had stolen her childhood, innocence, dignity and trust. The court heard that the man had previously been jailed for six months in 1973 for an indecent assault, and in 1974 was convicted in the UK for assaulting a girl under 14. He had further convictions for indecent assault in 1995 and 1998, and was jailed for 22 months in 2013 for breaches of the Sex Offenders Act.
A 48‑year‑old Clare resident was sentenced to 15 years' imprisonment at the Central Criminal Court for sexually abusing his Limerick niece from age six. He began raping her from age nine, forcing her to touch his private parts and perform oral rape while she stayed at his bedsit. The jury found him guilty of eight counts of rape and 17 counts of sexual assault between October 1998 and April 2003; he had pleaded not guilty to 32 counts of rape and assault between October 1998 and October 2004, with seven counts unresolved. The judge, Mr Justice Paul Carney, described the case as distressing, noting the abuse was filmed, the victim was drugged with alcohol, and pornographic material was shown. He imposed a 15‑year term with no suspension and ordered 18 months of post‑release supervision. The defendant had prior convictions dating from 1984 to 2012.
In a 2015 High Court decision, Mr Justice Brian Cregan ruled that Daniel McDonnell's almost‑year solitary confinement at Wheatfield Prison breached his constitutional rights to bodily and psychological integrity. McDonnell, a 20‑year‑old convicted of murdering 16‑year‑old Melanie McCarthy McNamara, had been kept in a 22‑to‑23‑hour lock‑up regime, with only one hour outside his cell for chores and exercise. His lawyers argued the regime was disproportionate and unlawful. The judge found the 11‑month confinement was a clear, sustained violation of his rights, noting that the prison authorities had failed to set an end date under Rule 63 of the 2007 Prison Rules. McDonnell had requested to mix with other prisoners, but his requests were denied. The judge adjourned the matter to allow both sides to consider his judgment before any formal orders or declarations were made.
In a Kildare case, a woman appealed to Judge James O'Donohoe not to imprison her ex‑partner, Tadgh Delaney, who assaulted and robbed her. She argued that Delaney had reformed and was not seeking vengeance, but wanted the €130 he stole. Delaney, 41, pleaded guilty to assaulting the 36‑year‑old woman on 29 January 2014 at Call a Cab, Celbridge, and to robbing her mobile phone and cash. He had seven prior convictions for traffic offences and theft. The judge offered 240 hours of community service instead of a six‑month jail term if Delaney was deemed suitable. The case was adjourned to March to determine eligibility for community service. The victim described Delaney as a former heroin addict who had been working with Catholic youth organisations and was turning his life around.
A 48‑year‑old Clare resident, unnamed for legal reasons, abused his Limerick niece from age six, raping her from nine on a regular basis in his bedsit. The victim, now in her early 20s, testified that she begged her mother not to let her stay with him, yet her mother still allowed it every few weeks. The man forced the child to touch his private parts, perform explicit sexual acts, and even oral rape. In December a jury found him guilty of eight counts of rape and 17 counts of sexual assault between October 1998 and April 2003; he pleaded not guilty to 32 counts of rape and assault between October 1998 and October 2004, with seven counts undecided. He was remanded in custody for sentencing next Monday. The victim's impact report described how the abuse ruined her childhood, caused her to turn to alcohol, and left her fearful of visiting his flat.
In 2015, the Court of Appeal dismissed the appeal of Greg Crawford, 27, who had been sentenced to life imprisonment for the murder of Gareth Brosnan‑Grant in Limerick in 2007. Crawford had pleaded not guilty at the Central Criminal Court, where a jury found him guilty and Mr Justice Paul Carney imposed the mandatory life sentence on 3 March 2012. The appeal was rejected on all grounds, including Crawford's request that the trial judge give the jury an adequate identification warning. Mr Justice George Birmingham noted that the deceased's partner, Ms Claire Ronan, had identified Crawford shortly after the shooting, and that her identification was later confirmed by Garda Sergeant Gerry Cleary. The Court held that the appeal failed and dismissed it. The case remains at the life‑sentence stage.
A 74‑year‑old Kerry man pleaded not guilty to eleven counts of indecent assault alleged to have occurred in County Kerry between January 1971 and December 1974. The Central Criminal Court will begin his trial on Thursday morning in Court Six before a different judge, with Mr Justice Paul Carney informing an eight‑man, four‑woman jury that the hearing will last three days.
A Dublin man has been convicted of manslaughter but acquitted of murder following a five-day trial at the Central Criminal Court. Kevin Moran, aged 30, was charged with the murder of archaeologist Emmett Connolly, 32, at Lodgeview in Cootehill, Co Cavan on 29 September 2013. The jury returned a majority verdict of 10 to 2, finding Moran guilty of manslaughter and not guilty of murder after five hours and eleven minutes of deliberation. Evidence presented during the trial outlined that the deceased sustained 17 stab wounds following an alcohol-fuelled altercation. The court heard testimony regarding Moran's statements to gardaí, in which he described both panic and rage as motivations. Moran was remanded in custody pending sentencing on 9 March. Mr Justice Paul Carney directed the jury to consider provocation as a potential partial defence to the charge.
A jury at the Central Criminal Court has been discharged for the weekend in the trial of a man accused of murdering archaeologist Emmett Connolly. Kevin Moran, aged 30, from Cootehill, County Cavan, is charged with the murder of Mr Connolly at Lodgeview, Cootehill on 29 September 2013. Mr Moran has pleaded not guilty to murder but guilty to manslaughter, a plea not accepted by the Director of Public Prosecutions. Over five days of evidence, the jury of seven men and five women heard that the deceased was stabbed 17 times following a drink-fuelled argument on 28 September 2013. The court was told Mr Moran gave conflicting accounts to gardaí, initially stating he panicked during a fight before later claiming he acted in a rage. The jury began deliberations this morning and sat for four hours and 43 minutes before Mr Justice Paul Carney adjourned proceedings. Deliberations will resume Monday at 11am.
A man from Roscommon has been sentenced to fourteen years imprisonment following a Court of Appeal determination that his original eight-year sentence was manifestly inadequate. The accused had pleaded guilty to repeated counts of rape and sexual assault of a young neighbour between 2004 and 2008. The victim was five years old when the offences commenced and continued for approximately three and a half years until the child was taken into care by the Health Service Executive. President of the Court of Appeal Mr Justice Seán Ryan described the crimes as standing "on the most heinous level" of offending, involving depravity that amounted to torture. The Director of Public Prosecutions successfully applied for the sentence to be reviewed in December 2014. Mr Justice Ryan stated that whilst mitigating factors including the accused's late guilty plea and difficult background were considered, a much more severe sentence could have been imposed. The court imposed fourteen years on each of the fifteen rape counts to run concurrently, with no change to the sexual assault convictions.
A murder trial at the Central Criminal Court heard that archaeologist Emmett Connolly sustained 17 stab wounds during an incident at a house in Cootehill, County Cavan on September 28, 2013. Kevin Moran, aged 30, of Lodgeview, Cootehill, is charged with Mr Connolly's murder. He pleaded not guilty to murder but guilty to manslaughter, a plea the Director of Public Prosecutions did not accept. Deputy State Pathologist Dr Michael Curtis gave evidence describing the fatal injuries, predominantly to the deceased's left shoulder, arm and upper back. Several wounds penetrated deeply, with one reaching 12 centimetres and damaging the left lung. Dr Curtis stated the cause of death was multiple stab wounds. The court heard Mr Connolly, aged 32, an archaeologist who had recently returned from Australia, had high levels of alcohol in his system. The prosecution argued the evidence pointed to murder, while the defence submitted circumstances surrounding Mr Moran's personal loss were relevant to the case. The trial was continuing.
Mihalache Marian, 53, was convicted of murdering his ex‑girlfriend Loradena Pricajan in a Sandyford hotel room on 27 January 2010. He pleaded not guilty, claiming Pricajan had committed suicide after an alleged injury that left him unconscious. The court found the suicide claim "infinitely unlikely" and cited circumstantial evidence, including a timeline of their relationship and recorded phone conversations, to support the jury's guilty verdict. Marian received a mandatory life sentence on 28 January 2010. On 12 February 2015 he appealed to the Court of Appeal on the ground that the jury's verdict was perverse and not supported by the evidence. The Court of Appeal, presided over by Justice Seán Ryan, dismissed the appeal, upholding the conviction and sentence. The appeal was based solely on the jury's verdict and the weight of evidence presented. The case remains at the appellate level with no further changes to the conviction or sentence.
In February 2015, lawyers for Joe O'Reilly, who was convicted of murdering his wife in 2007 and sentenced to life imprisonment, applied to the Central Criminal Court for inspection facilities while he appeals his conviction. The request, made by counsel Ronan Munro BL, was granted by Mr Justice Paul Carney without objection from the State. The inspection facilities are intended to allow O'Reilly's legal team to examine the trial file. O'Reilly has filed an appeal under Section 2 of the Criminal Procedure Act 1993, claiming his conviction was a miscarriage of justice. The State has moved to strike out the appeal, a motion that will be heard by the Court of Appeal on 3 March. The appeal's grounds include alleged mishandling of evidence and questionable meetings during the 2007 trial. O'Reilly has previously lost appeals in 2009 and 2012, and in November 2012 he was granted legal aid to pursue the miscarriage‑of‑justice claim.
A man charged with murdering an archaeologist has been presented to the Central Criminal Court with evidence of his changing accounts to gardai following the death. Kevin Moran, aged 30, of Lodgeview in Cootehill, County Cavan, has pleaded not guilty to murder but guilty to manslaughter. The charge relates to the death of Emmett Connolly on 29 September 2013 at the same address. During the trial before Justice Paul Carney, the jury heard that Moran initially told gardai from Bailieborough station he had stabbed Mr Connolly in panic during a fight, but subsequently claimed he had acted in a rage. Prosecution counsel presented evidence of a seven-inch kitchen knife recovered at the scene and pathology findings indicating eighteen stab wounds primarily to the victim's back and left arm. Forensic evidence suggested the injuries were inflicted whilst the deceased was in a seated position on the floor. The trial continues.
Paul Henry, a 29-year-old Roscommon man, brought an appeal against his acquittal for the alleged murder of his mother, Ann Henry, at The Spinney, Abbeystown, Roscommon, in September 2011. Henry had pleaded not guilty to the charge. At a previous Central Criminal Court sitting in Castlebar, a jury acquitted him of murder by reason of insanity. On May 7, 2014, Mr Justice Paul Carney ordered his commitment to the Central Mental Hospital. Today, in the Court of Appeal, Henry sought to appeal this acquittal. The three-judge panel, comprising Mr Justice George Birmingham, Mr Justice Garrett Sheehan, and Mr Justice John Edwards, raised immediate jurisdictional concerns. Counsel for the Director of Public Prosecutions, Úna Ní Raifeartaigh SC, described the situation as very unusual, noting that the right to appeal typically arises only upon conviction. The judges observed that Henry was not a convicted person regarding the murder charge; rather, he was liable to detention at the State's discretion without a criminal record, meaning the State had vindicated his good name. Consequently, the court did not determine the appeal on its merits. The matter was adjourned and put back to March 5 next.
Daniel McDonnell, who was found guilty by a jury at the Central Criminal Court of murdering Melanie McCarthy McNamara (16) and sentenced to a mandatory life term by Mr Justice Paul Carney, has brought a High Court challenge against his prison conditions. Represented by Bernard Condon SC, McDonnell argues that his 23-hour daily lock-up regime at Wheatfield Prison is disproportionate and violates his constitutional and European Convention on Human Rights. He claims he is denied access to structured activities and adequate exercise, with only one hour outside his cell daily. Opposing counsel, Seamus Woulfe SC, stated that the isolation is necessary for McDonnell's safety due to threats from other prisoners, and proposed allowing him gym access three days a week. Following submissions, Mr Justice Brian Cregan reserved judgment, indicating a decision would be issued early the following week. Separately, Keith Hall, of Kilmartin Drive, Tallaght, was sentenced to 20 years in prison after pleading guilty to Ms McCarthy McNamara's manslaughter, while denying her murder. The court proceedings regarding McDonnell's challenge remain pending, with the matter adjourned for the judge's decision.
A Dublin man has gone on trial at the Central Criminal Court charged with the murder of Emmett Connolly at a house in Cootehill, County Cavan on 29 September 2013. Kevin Moran, aged 30, pleaded not guilty to murder but guilty to manslaughter, a plea the Director of Public Prosecutions did not accept. The court heard that gardaí discovered Mr Connolly with stab wounds to his chest, shoulder and back at the property. The prosecution alleges Mr Moran used excessive force during an altercation between the two men, who had not previously known each other. Mr Moran's account suggests the confrontation arose over drugs and that he acted in self-defence with a kitchen knife. A witness who was present at the house stated the two men appeared to get on well before he retired to bed. The trial continues before Mr Justice Paul Carney and a jury.
Michael McDonagh, a 36‑year‑old bare‑knuckle boxer, was sentenced to life in prison for the murder of his wife, Jacqueline McDonagh, on 29 August 2012. The Central Criminal Court heard that the assault lasted one hour and twenty minutes and that Jacqueline was brutally beaten to death in their Dundalk home. CCTV footage showed McDonagh leaving his car in good form after a family party, and the investigation revealed extensive bruising and penetrating wounds inflicted with a long‑handled implement found at the scene. A post‑mortem confirmed severe injuries, including three large scalp wounds and multiple bruises on the left thigh. McDonagh pleaded guilty and was given a life sentence, back‑dated to 1 September 2012, after the court considered the victim impact statement and the evidence of domestic violence. The sentence was imposed by Justice Paul Carney.
In 2015 a 46‑year‑old man, who had been jailed for six years for neglecting his children, sought to appeal a separate 12‑year rape conviction. The conviction stemmed from a retrial in 2011 where he was found guilty of raping his then eight‑year‑old daughter. He had pleaded not guilty to the rape charge and to an indecent assault charge, the latter of which he was cleared. The appeal argued that the trial judge erred by refusing to direct the jury to acquit, rendering the verdict perverse. His barrister claimed the victim's evidence was "extraordinary, bizarre, contradictory, incredible" and that allowing it questioned the system. The Director of Public Prosecutions countered that the jury was best placed to assess credibility and that the judge had summarised all evidence, including inconsistencies. The Court of Appeal would reserve judgment until March.