A truck driver who caused the death of former Garryowen rugby player Mark McMullen three years ago has lost an appeal against his ten-month prison sentence. The Court of Appeal ruled that the driver, Gabor Mihalecz, was speeding and driving a defective lorry with a faulty braking system, which led to the vehicle jackknifing. Mihalecz had pleaded guilty to careless driving causing death and was sentenced to ten months in prison and disqualified from driving for four years. His legal team argued that the initial sentence of 20 months was too high, but the court dismissed the appeal, noting that the braking system defect was the main cause of the accident. The judge acknowledged that the driver's culpability might not be at the highest level, but the sentence was upheld as appropriate.
A Tipperary hospital has issued an apology to the parents of Freddie, a baby who died during birth in 2021, admitting to 'shortfalls' in its duty of care. The incident occurred at Tipperary University Hospital, where the mother, Sinead O'Donnell, attended for ante-natal care and was transferred to the Labour Ward after experiencing pains. A Caesarian Section was performed, but the baby was born without a heart rate or respiratory ability, and resuscitation efforts were unsuccessful. The hospital admitted to failures in responding to a CTG scan and delays in attending to the mother, which may have contributed to the stillbirth. The clinical negligence case was brought by the parents against the HSE, alleging breaches of duty and negligence in care. The hospital's letter of apology, issued by Maria Barry, expressed sincere regret for the shortfalls in care that led to the stillbirth of Freddie. The judge in the case extended his deepest sympathy to the couple, acknowledging the tragic loss of their son.
A warehouse worker who was sacked after suffering severe eczema from handling cosmetic products has won €13,000 in compensation for disability discrimination. Santa Musinska, a Latvian national, was employed at a Masterlink warehouse in Clonmel, where she developed allergic eczema after handling cosmetics. Despite being provided with gloves, her condition worsened, leading to repeated sick leave and eventual dismissal. The Workplace Relations Commission ruled that her eczema constituted a temporary disability under the Employment Equality Act. The adjudication officer noted that the staffing agency failed to provide reasonable accommodation and that the dismissal was likely due to her disability. The agency was ordered to pay €5,000 for disability discrimination and €8,000 for discriminatory dismissal. This case marks the first in Ireland where eczema was recognized as a disability in a workplace discrimination claim.
The Court of Appeal has reserved judgment on an appeal by an unnamed 54-year-old woman, with the decision scheduled for July 14. The State has indicated it will not oppose the bid to quash her conviction and will not seek a retrial. The appellant was convicted in July 2024 of four counts of sexual assault against three disabled sons and one count of child neglect. She was sentenced to eight years in prison, with the final two years suspended, by Judge Catherine Staines at Clonmel Circuit Court on December 17, 2024. She remains on bail pending this appeal. Defence counsel argued that the sole evidence against her—admissions made to a psychologist during five days of interviews, including polygraph tests—was not voluntary and may have resulted from inducements. The trial judge had previously expressed serious concerns about the admissibility of these admissions but felt bound by a Supreme Court ruling that upheld their use. The DPP stated that while the Supreme Court's judgment was emphatic, the impact on admissibility in this specific setting is difficult to assess. The court, comprising Ms Justice Tara Burns, Mr Justice Brian O'Moore, and Mr Justice Michael MacGrath, heard the submissions and will deliver its ruling on the validity of the conviction on July 14.
During a Central Criminal Court hearing, Gardaí told Richard Satchwell that his description of his wife Tina's death was "most likely a physical impossibility" and "didn't make sense". Satchwell, aged 58, said he had tried to explain the events of March 19‑20, 2017, when Tina, aged 45, disappeared and was later found buried under their stairs in a grave dug in October 2023. He claimed he had held her by the belt of her bathrobe, that the belt may have strangled her, and that he had buried her in a "final goodbye" after lifting her body into the hole. Gardaí questioned the plausibility of his account, noting no evidence of a belt around her neck and that the scene did not match his narrative. Satchwell stated he would plead guilty and that there would be no jury. The trial continues before Mr Justice Paul McDermott with a jury of five men and seven women. Richard Satchwell pleaded not guilty.
In a tribunal hearing on 12 May 2025, Daniel Holland's claim that he was dismissed from James Whelan Butchers because of his SIPTU membership was rejected. Holland, who joined the company on 24 April 2023 and was terminated on 23 April 2024, argued that his emails to human resources accusing managers of dishonesty were the real cause. The tribunal found that the dismissal was linked to Holland's "misalignment" with the company, not his union membership. The adjudicator noted that Holland's emails were seen as damaging to the employment relationship and that the union was not a primary factor. The company's barrister described the union claim as a "retro‑fit" and highlighted Holland's lack of the required 12‑month service. The tribunal dismissed Holland's complaint under the Unfair Dismissals Act 1977.
In a High Court hearing on 20 February 2025, the case concerning the closure of a historic Franciscan church in Clonmel was struck out after the Abbey House Prayer Group ended its illegal sit‑in. The group had occupied the Friary Church since New Year's Eve 2024, protesting the Franciscan Order's decision to close the 13th‑century building. The prayer group had previously been allowed temporary use of the church under a May 2023 agreement. Mr Justice Brian Cregan had sought an undertaking from Patrick O'Gorman, the group's chairman, that the sit‑in would cease. O'Gorman confirmed the group would vacate the church by midnight 23 January, acknowledging the protest was illegal. After receiving this undertaking, the judge struck out the case without further orders, recognising the church's imminent closure as a "devastating loss" to the prayer group.
Eimear Carroll, a 42‑year‑old primary school teacher from Offaly, was found guilty of one count of harassment and two counts of sending obscene or menacing letters. She had written about 500 letters over two years, using racist slurs and false allegations that a care worker abused patients. The Court of Appeal dismissed her appeal against a six‑year sentence, confirming the trial judge's decision to impose a headline term of six years with two years suspended. The appeal was rejected because the Court found no error in the sentencing judge's assessment of aggravating factors, including the persistent, targeted nature of the harassment and the use of personal details. The Court also upheld the judge's recognition of mitigating factors such as Carroll's low risk of reoffending and her apology. The decision confirms the severity of the sentence as appropriate for the case.
Eimear Carroll, a 42‑year‑old primary school teacher from Hillside, Seffin, Birr, Offaly, was found guilty of one count of harassment and two counts of sending obscene, grossly offensive or menacing letters by post. Over a two‑year period she sent about 500 letters to the victim's family, friends, workplace and to HIQA, alleging abuse of patients and making repeated racial slurs, referring to the victim as a "knacker". The Court of Appeal heard that the harassment was continuous, involved personal details such as the victim's cousin's death, and caused the victim to sell her house and relocate. Judge Catherine Staines had sentenced Carroll in July to four years' imprisonment, with the final two years suspended. Carroll appealed, arguing the sentence was too harsh, but the appeal was not decided in this hearing. The case was noted for its persistent, racially charged nature.
In a High Court hearing on 26 July 2024, Crann Ard Developments Ltd sought orders to halt the presence of horses on its Ardgeeha Upper land in Clonmel, County Tipperary, where it intends to build a €55 million residential development of 114 units. The company claims that Mr William Reilly has left his horses on the site without permission, thereby trespassing and preventing the commencement of construction. It requests an injunction restraining Mr Reilly from entering or interfering with the land, blocking access, and compelling him to remove all livestock. Mr Reilly's solicitors alleged continuous possession of the land since 2007, but the company rejects any entitlement. The court granted the company permission to serve short‑notice injunction proceedings, with the matter set to return next week. The company plans to start groundworks in August and September but fears financial loss if construction is delayed. The judge was Mr Justice Mark Sanfey.
A 26‑year‑old woman, who was raped by Tadgh Lonergan at a house party in Tipperary, delivered a victim impact statement at his sentencing hearing. She said the assault left her feeling "like a prisoner" in her own life, describing severe physical injuries, emotional trauma, flashbacks, nightmares and a loss of confidence. She noted that the rape disrupted her teaching career, her plans to travel and her sense of security, and that her loved ones also suffered. She urged the judge to consider the lasting effect of the crime and to help her regain her former self. Judge Tony Hunt acknowledged her statement, noted the seriousness of the offence, and remanded Lonergan in custody until the sentencing date on 29 July. The judge also highlighted that Lonergan had no prior convictions and that the case had been a "perfectly normal night out" turned tragic. Tadgh Lonergan pleaded not guilty.
In the Central Criminal Court, Maurice 'Mossie' Boland, aged 36, pleaded not guilty to murder but guilty to the manslaughter of Cian Gallagher, 26, who died from a brain bleed after an alleged altercation on Barrack Street, Tallow, on 10 November 2022. Boland told arresting gardai that Gallagher had struck him first, that he had "ducked" and then hit Gallagher back, and that Gallagher had made comments about Russians. He described the incident as a "pure accident" and said the fight resembled a "Conor McGregor knockout". Boland's partner, Marian O'Brien, testified that she had left him with their children on 1 November, that he had called her from Lismore saying he was going for drinks, and that she had seen him and Gallagher run out in front of her car. She also said she had taken his mobile phone at the scene to contact his relatives.
A former Supermac's area manager, Peter Straka, claims he was stripped of duties, ostracised by senior colleagues and ultimately demoted after a disagreement with owner Pat McDonagh over alleged non‑payment of staff during the first Covid‑19 lockdown in 2020. Straka says he raised concerns via email between 29 April and 11 May 2020, and that McDonagh met with him on 12 May to express dissatisfaction with his view. Straka alleges that following this meeting he was excluded from meetings, had his role diminished and was demoted in January 2023, which he refused, leading to his dismissal. Supermac's denies the claim and says it has no knowledge of any penalisation under the Protected Disclosures Act 2014. The case is being heard at the Workplace Relations Commission, with several of Straka's complaints identified as duplicates and withdrawn, and the remaining complaints to be heard jointly at a later date.
The High Court approved a Personal Insolvency Arrangement for 70‑year‑old widow Marian Phillips, allowing her to address about €2.4 million of debt while staying in her home at Kenley Close, Model Farm Road, Cork. Phillips had fallen into financial difficulty because of high interest rates on loans from lenders. Her creditors include Start Mortgages DAC (over €2 million owed), Cabot Financial, the Revenue Commissioners, a property management company and a solicitors' firm. Under the arrangement, four buy‑to‑let residential properties owned by Phillips – three in Cork and one in Clonmel, County Tipperary – valued at just over €1 million will be sold to satisfy secured creditors. The remaining debts will be written off. Phillips will also enter a State‑approved Mortgage‑to‑Rent/Social Tenancy scheme for her principal private residence, a semi‑detached three‑bedroom house valued at about €345,000.
A 44‑year‑old social worker who brought a 16‑year‑old boy in State care to her home and sexually defiled him was convicted and jailed for four years, with the final two years suspended, by a jury after an 11‑day trial. She appealed, arguing that Facebook messages exchanged with the boy should not have been admitted because the State's request for the messages was made under the wrong section of a 2008 treaty on mutual legal assistance between Ireland and the United States. The appeal was dismissed by Justice Tara Burns, who held that the treaty required the transmission of the request by the Department of Justice, not the drafting, and that the material, though extending beyond the original timeframe, was still admissible. The conviction remains in force, and the social worker will serve the remaining two years of her sentence. The unnamed 44-year-old pleaded not guilty.
In a High Court case in Co. Tipperary, Mr. Joshua Wilson, owner of Marlfield House, seeks an injunction to remove trespassers from his historic Palladian mansion. Wilson argues the property is a fire‑safety hazard and must be vacated for renovation. He has presented a consultant's report claiming the building is unsafe, but the report's credibility is challenged by defendants Stephen Ghizdavu and Patrick Fogarty, who claim valid tenancy agreements. Mr. Ghizdavu's barrister, John Madden, disputes the safety allegations, and a sworn statement suggests the report's author may be the same person previously convicted for misrepresenting himself as an architect and building surveyor. Judge Brian Cregan adjourned the matter to later this month, ordering a timetable for document exchange and considering involving Tipperary County Council for a new fire‑safety inspection. Wilson, who bought the house in October 2023, maintains that no valid tenancy could exist under the 2007 mortgage clause and has never accepted rent from the occupants.
Joshua Wilson, owner of Marlfield House near Clonmel, sued in the High Court to stop about ten alleged trespassers from occupying the historic Palladian house and its 33 acres. Wilson says the defendants, who claim valid tenancies, are blocking renovation work and causing damage by littering, blocking drains and damaging the roof. He purchased the property in October after receivership and has been unable to access parts of the house for repairs, including a collapsed ceiling that he says poses a danger. Wilson alleges the house was divided into 14 units and eight chalets were built without planning permission, and that no valid tenancy agreements exist under the 2007 mortgage clause. The court, hearing the case on Tuesday, granted Wilson permission to serve short‑notice injunction papers and adjourned the matter to January, allowing an earlier return if needed.
In a High Court decision on 3 November 2023, Justice Siobhan Phelan refused to enforce a 2013 order that would have required members of the O'Reilly family to remove unauthorised mobile homes, caravans and animals from the Railway Cottages site in Powerstown, Clonmel. The judge held that the order did not provide a proportional interference with the families' rights and that it failed to safeguard against removal from a site where a patently unsuitable accommodation offer had been made. She noted that the council had not attempted to provide traveller‑specific accommodation and that keeping animals is integral to Traveller identity. The judge acknowledged that the council had carried out significant works since 2013, including sanitation improvements and removal of 31 unauthorised structures, but found that the 2021 claim of overcrowding and new animals was insufficient to justify enforcement. The case will be heard again at a later date.
A 44‑year‑old social worker, whose name is withheld to protect the victim, was jailed for four years, with the final two years suspended, for sexually defiling a 16‑year‑old boy in her care at a midlands school. The offence occurred between 1 April and 15 May 2016 when the boy was at her home. She pleaded not guilty but was convicted by a jury after an 11‑day trial. She has appealed the conviction, arguing that Facebook messages exchanged with the boy, which were used as evidence, were obtained under the wrong section of the 2008 Ireland/US Mutual Assistance Treaty. The appeal contends that the request for the messages was made by the Director of Public Prosecutions rather than the Central Authority, and that the certificate of authenticity for the material was flawed. The Court of Appeal has reserved its judgment on the matter.
Paul Hendrick, aged 75, pleaded guilty to 11 counts of indecent assault on Kenneth Grace between 1980 and 1984 while serving as second‑in‑command and later principal at CBS Westland Row. The abuse began when Grace was 13 and involved repeated physical and sexual misconduct in various school locations, including the furnace room, reception room, and during school trips. Grace was isolated, subjected to verbal abuse, and forced to perform chores. He reported the abuse in 2018, describing lifelong trauma, PTSD, and loss of self‑esteem. Judge Pauline Codd, hearing the case in May, praised Grace's courage and granted a four‑year sentence to Hendrick, suspending the final six months on the condition of continued treatment under probation supervision. Hendrick will be placed on the sex offenders register. The case highlights the enduring impact of historical sexual abuse on survivors.
Paul Hendrick, a retired school principal and former Christian Brother, pleaded guilty to 11 counts of indecent assault on Kenneth Grace between 1980 and 1984. The abuse began when Grace was 13, a first‑year student at CBS Westland Row, and continued as he aged, involving repeated sexual and physical misconduct in various school locations, including the furnace room, a reception room at the priest's residence, and during camping trips in Waterford and Tipperary. Grace recalled being forced into wrestling, being restrained, and experiencing sexual contact while in his underwear. He was isolated from classmates and subjected to verbal abuse. Grace's victim impact statement described lasting mental health effects, including depression, anxiety and PTSD. Hendrick, who had no prior convictions, was remanded on bail pending a final hearing scheduled for July 10. The case highlights the prolonged nature of the abuse and its enduring impact on the victim.
In a High Court hearing, Chartered Accountant Ken Fennell, acting as receiver for the financial fund Promontoria (Aran) Limited, obtained orders to compel unknown occupants of four caravans to vacate Knocklofty House, a protected 18th‑century building outside Clonmel. The receiver claimed that the occupants had established an unsightly makeshift camp, grazing up to 20 ponies and leaving significant debris, including bricks, wooden planks, racing traps and children's toys, which he said posed danger to humans and animals. The court noted that the occupants had been served with legal documents and were fully aware of the proceedings, yet no representation was made on their behalf. With no opposition, the judge granted the injunction, allowing the receiver to pursue sale of the property. Fennell also alleged extensive interior damage to the house, though he could not identify the perpetrators or timing of the damage.
The High Court heard that Knocklofty House, a protected 18th‑century landed house outside Clonmel, is being illegally occupied by unknown persons in four caravans and a makeshift camp. The occupants have set up a camp that includes up to 20 piebald ponies, chickens and dogs housed in wooden structures, and have left a significant amount of debris on the site. The camp is described as unsightly and potentially dangerous to humans and animals. Chartered Accountant Ken Fennell, acting as receiver for the property after a settlement with former owner Denis English, seeks court orders directing the unknown occupants to vacate and cease interfering with the property. Mr Justice Brian O'Moore granted Mr Fennell permission to serve notice to the occupants and the case is scheduled to return to court next week.
The Court of Appeal dismissed a 39‑year‑old man's appeal against a three‑year prison sentence, with 18 months suspended, for his role in a sophisticated drug‑dealing scheme that imported cannabis disguised as nappies. The appellant, Damien Cahill of Railway Close, Kilsheelan, was convicted in July 2021 for possessing cannabis for sale or supply on 22 September 2017. He had previously supplied cocaine, a fact the court noted as evidence of a recidivist pattern. Cahill admitted he had ceased cocaine but continued to use cannabis, and the court found no evidence of rehabilitation or completion of addiction treatment. The judge upheld the original sentence, citing the seriousness of the offence and the lack of error in the sentencing decision. The appeal was therefore rejected.
In October 2022 the Court of Appeal quashed the acquittal of a mother of three who had been found not guilty of sexually abusing her children in a 2021 trial. The original acquittal was based on a judge's ruling that admissions made during a polygraph interview with a forensic psychologist were inadmissible. The Director of Public Prosecutions argued that the judge had wrongly excluded compelling evidence. The appeal court, led by Mr Justice George Birmingham, decided that the interviews should be admitted in a retrial on grounds of overall fairness. The woman had admitted to knowing her husband's interest in child pornography, to his abuse of their children, and to her own participation in the abuse. She had also admitted to abusing the children when alone.
Thomas Sheehan, aged 37, was sentenced to four years' imprisonment for orally raping and sexually assaulting his half‑sister, Edel Sheehan, between 2000 and 2002 when they were teenagers. Sheehan, who had no fixed abode in Tipperary, pleaded guilty to one count of oral rape and five counts of sexual assault. He had previously written letters to Gardaí confessing the abuse, which led to the case. The court noted the siblings grew up in extreme neglect, poverty and violence, and that Sheehan's confession and apology were mitigating factors. The judge reduced the headline six‑year sentence to four years, adding concurrent two‑year sentences for the remaining offences and a one‑year post‑release supervision order. The case highlighted the long‑lasting impact on Edel, who waived anonymity to name her abuser. The sentencing reflected the seriousness of the repeated sexual offences and the vulnerability of the victim.
An 85-year-old retired Garda from Strokestown, County Roscommon has withdrawn his High Court appeal against a destruction order for his Jack Russell terrier, Kim. The dog bit a woman on the Strokestown Famine Trail on 6 March 2022 near Mr Rogers' home at Bumlin. The injured party required eight stitches and hospital treatment following the incident. Roscommon District Court issued the destruction order in late April under the Control of Dogs Act 1986, finding the dog dangerous and not properly controlled. Mr Rogers appealed to the Circuit Court, which dismissed his challenge and upheld the lower court's decision in May. When Mr Rogers sought further appeal to the High Court, he subsequently withdrew his application before the Deputy Master. The destruction order therefore remains in effect. The High Court heard the matter briefly before being struck out.
The High Court has ordered a stay on three separate criminal prosecutions against Mark Jenkins, the owner of two coffee shop and retail businesses in Clonmel and Dungarvan that sell hemp products and items containing cannabidiol (CBD). Jenkins, who has challenged Ireland's 1977 Misuse of Drugs Act on the grounds that it breaches his constitutional rights and EU law, claims that the products sold by his businesses contain only trace amounts of tetrahydrocannabinol (THC) – the principal constituent of cannabis – and that these amounts are within the limits set by EU regulations. The first set of charges arose from a February 2020 Gardai search that seized plant material with THC content not exceeding 0.2%, a figure that Jenkins says is supported by an independent test. The second and third sets of charges stem from July 2020 and May 2020 seizures, respectively, for which independent analyses are pending.
In March 2022 the Court of Appeal heard that a mother of three had been acquitted of sexually assaulting her children, despite admitting to abuse during a lie‑detector test. The judge had ruled that the admissions made to a forensic psychologist using a polygraph were inadmissible. The DPP now seeks a determination that the judge erred in excluding the evidence and requests the acquittal be quashed and a retrial. Gardai had visited the family home after Europol tipped that child‑abuse images were being uploaded. The children were placed into care following a High Court order. The woman had denied knowledge of the abuse to police but later admitted awareness of her husband's interest in child pornography and his abuse of the children, and that she had also participated.
Michael O'Regan, 43, pleaded guilty to sexual exploitation of a 14‑year‑old girl with Down's syndrome, asking her to send pictures of her breasts. He was sentenced to seven months in prison at Clonmel Circuit Criminal Court, a term described by Judge Eoin Garavan as "utterly exploitative" and "reprehensible". The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient and lacked deterrence, citing O'Regan's 35 prior convictions for similar offences between 2016 and 2017. The Court of Appeal, hearing the appeal on 15 November 2021, rejected the request to increase the term. O'Regan's seven‑month sentence was to run consecutively with earlier sentences, a point noted by the court as a deterrent. The case highlights the court's decision to uphold the original seven‑month term despite the DPP's appeal.
Ross Outram, aged 30, was convicted in 2019 by a Central Criminal Court jury of murdering 90‑year‑old Paddy Lyons, the oldest man in his village, at Loughleagh, Ballysaggart, Lismore, Co. Waterford. Lyons was found dead in his armchair with blood on his face; he had suffered multiple blows to head and neck, fractures of hip, jaw and ribs, with the hip fracture deemed the cause of death. Outram, previously convicted of burglary and assault, claimed self‑defence, arguing that Lyons' fatal fall was unrelated to the assault. The Court of Appeal rejected this appeal, stating that the prosecution had proven beyond reasonable doubt that the assault caused the fall and hip fracture. The appeal was dismissed, leaving Outram's life sentence intact.
A building contractor, Sepam Solutions Limited, secured High Court orders against subcontractors MDLR Ltd and Titin Ltd, claiming their actions delayed a new vaccine plant at the IDA Science and Technology Park in Dundalk. Sepam, contracted to provide plumbing, mechanical and electrical works, alleges MDLR has retained essential equipment and Titin has withheld a six‑figure down‑payment. The court granted injunctions requiring the defendants to return the equipment and the down‑payment, and to prevent them from reducing assets below €500,000 or dealing with the payment. The orders were issued by Mr Justice Senan Allen after the defendants failed to appear. Sepam says the delays of 12 to 16 weeks damage its reputation and threaten its contract to build the plant for WuXi Vaccines Ireland Ltd, which will employ about 200 people and produce Dengue vaccines for Merck, Sharp and Dohme. The plant is part of a biopharmaceutical facility in Mullagharlin, Dundalk, Co. Louth.
In a 2021 appeal, a 73‑year‑old man who was convicted in 2019 of indecent assault on his sister‑in‑law, then six, seeks to overturn his three‑year sentence. He argues that background evidence of a 1973 incident, described as "grooming," was improperly introduced at trial. The evidence involved an alleged incident at a christening where the victim, then four, was observed by the defendant and his sister‑in‑law, who allegedly called her a "dirty girl." The appellant's counsel contended that this incident was unrelated to the later indecent assaults, which involved digital penetration, and that it was not a crime at the time. The State maintained that the incident was relevant to the defendant's intent and the victim's perception of the abuse. The Court of Appeal will consider the appeal. The unnamed 73-year-old pleaded not guilty.
In a High Court hearing on 11 June 2021, Sepam Solutions Limited, contracted to supply plumbing, mechanical and electrical works for a vaccine plant at the IDA Science and Technology Park in Dundalk, claimed that its subcontractors MDLR Ltd and Titin Ltd had breached their agreements. Sepam alleged that MDLR had retained essential equipment supplied by the plaintiff, while Titin had refused to return an €830,000 down payment made for specialised materials. The dispute has caused a delay of 12 to 16 weeks in the plant's construction, which is intended to produce Dengue fever vaccines for Merck, Sharp & Dohme. Sepam seeks an injunction ordering the defendants to return the equipment and the down payment, and to prevent them from reducing the value of their assets below €830,000. Mr Justice Senan Allen granted Sepam permission to serve a short notice of the injunction application, with the case set to return later in the month.
Robert Devine, aged 44, and his son Lee Kelly, aged 21, appealed the sentences imposed for a 2017 burglary and assault at the O'Reilly home. The original 20‑year sentence for Devine (12 years for burglary, 4 years each for two assault counts) and 17‑year sentence for Kelly (10 years suspended) were quashed. The Court of Appeal substituted a 12‑year term for Devine with the final two years suspended, and a 7‑year‑6‑month term for Kelly with the final year suspended. The four‑year assault sentences remain but will run concurrently. The appeal was based on the judge's error in imposing consecutive sentences for offences arising from the same incident. The Court noted the seriousness of the burglary and assault, the victims' injuries, and the defendants' guilty pleas and expressions of remorse. The decision was made by Justice Isobel Kennedy, with Justices George Birmingham and Patrick McCarthy.
Patrick McCarthy, 56, a taxi driver from Dublin, pleaded guilty to two charges of possessing drugs for sale at his home and taxi. Gardaí seized €23,000 worth of cocaine, including €8,000 in the taxi, €4,550 in the vehicle, and €15,000 in a safe in his bedroom. McCarthy admitted transporting drugs in his taxi to pay off debts from his own addiction, and that he had used the proceeds to buy more cocaine. He had no prior convictions and had led a blameless life before the arrest. Judge Martin Nolan, citing McCarthy's cooperation and the absence of a custodial sentence, imposed a three‑year suspended sentence. The court noted McCarthy's past industrial school detention and his recent engagement in drug treatment, concluding he would not re‑appear in court.
Ross Outram, aged 30, appeals his 2019 life sentence for murdering 90‑year‑old farmer Paddy Lyons. He argues that the fatal hip fracture was not caused by his assault but by an accidental fall after he left the scene. His lawyer, Michael O'Higgins SC, notes that pathology showed a hip fracture, brain injury and head lacerations, but the hip injury could have resulted from a fall. O'Higgins cites blood‑pooling evidence suggesting Lyons was mobile after the beating and that forensic analysis found no blood on Outram's hoodie. He contends the prosecution failed to prove beyond reasonable doubt that the hip fracture was caused by the assault. The Court of Appeal has reserved judgment on the appeal. Ross Outram was found guilty.
Robert Devine, 44, and his son Lee Kelly, 21, appealed their sentences for a 2017 burglary and assault at the home of PJ and Brian O'Reilly. Devine had previously served a ten‑year sentence for manslaughter. The appeal was heard by a three‑judge Court of Appeal. Vincent Heneghan SC for the Director of Public Prosecutions argued that Judge Patrick Meghan should not have imposed consecutive sentences, but the director accepted the effective sentences of 12 and seven years. Ronan Munro SC for Devine presented evidence of rehabilitation, including prison education and positive reports from the prison governor, and requested a release with a programme of probation and addiction counselling. Kathleen Leader SC for Kelly highlighted his youth, remorse, and cooperation with Gardaí, and suggested a suspended portion of his sentence. The Court of Appeal reserved judgement. Robert Devine pleaded guilty. Lee Kelly pleaded guilty.
In a 2021 Court of Appeal decision, the court upheld a trial judge's decision to allow an FBI agent and two Gardaí from the National Surveillance Unit to give evidence anonymously in an explosives conspiracy case. The case involved Thomas Bates, who had received inert hand grenades, a decommissioned Glock pistol and dummy ammunition after an FBI agent uncovered a Darknet plot. Bates was convicted of conspiracy to possess firearms, ammunition and explosives between 24 October and 10 November 2017. Judge Thomas Teehan sentenced him to seven years' imprisonment, with the final year suspended. The appeal argued that anonymity violated statutory requirements, but the Court of Appeal found no legal basis to prohibit anonymous testimony and concluded the trial was fair. The decision clarified that a judge may permit witnesses to use initials or pseudonyms without compromising the accused's right to a fair trial.
A 29‑year‑old man, Thomas Power, was sentenced to seven‑and‑a‑half years in prison for stabbing a stranger, Eoin Casey, in the head on 20 August 2018. The knife entered Casey's left temple, travelled across his brain and left the tip inside the skull. Casey spent two weeks on a ventilator and five months in a rehabilitation centre, and now suffers lifelong disability, epilepsy, speech dyspraxia and impaired reading and writing. Power pleaded guilty to assault causing serious harm and assault causing harm, and was also found guilty of assaulting Aaron Grant, who sustained superficial injuries. Power's sentence, back‑dated to 20 January 2021, runs concurrently with the two convictions and includes an 18‑month suspended portion for the serious‑harm charge.
In a court hearing on 28 January 2021, the case of Thomas Power, a 29‑year‑old Limerick resident, was presented. Power pleaded guilty to assaulting Eoin Casey, 25, on 20 August 2018, when a knife penetrated Casey's left temple, leaving a fragment inside his skull. Casey suffered a severe brain injury, requiring transfer to Cork University Hospital and subsequent rehabilitation in Dublin. He now has lifelong disabilities, including speech dyspraxia and memory deficits, and continues ongoing medical treatment. Power also pleaded guilty to assaulting Aaron Grant on the same night, who sustained superficial injuries. The court heard victim impact statements from Casey's brother and Grant, describing the lasting physical and emotional effects. Power was remanded in custody pending sentencing, with the judge noting the incident was a chance encounter without prior history between the parties. The case highlights the serious harm caused by the stabbing and the enduring impact on the victim's life.
Ian O'Sullivan, aged 32, appealed against a 12‑year prison sentence for a violent robbery of Thomas Lonergan in Clonmel on 26 February 2017. The Court of Appeal, led by Justice John Edwards, found the headline sentence excessive, noting a lack of guidance for judges on robbery. O'Sullivan's offence was deemed a serious instance of robbery with significant culpability but no weapon was used and the attack was spontaneous. The court re‑sentenced him to six years' imprisonment, suspending the final year on conditions, and upheld a €2,000 compensation order. Lonergan suffered severe physical and psychological harm, including blurred vision and diabetic complications, and his family relocated due to fear of further attacks. The appeal focused solely on the sentence, not on the facts of the robbery. The unnamed 32-year-old pleaded guilty.
Ian O'Sullivan, 32, appealed the 12‑year sentence he received for a 2017 unprovoked assault on Thomas Lonergan in Clonmel. O'Sullivan, one of three attackers, was found guilty of robbery after a CCTV‑recorded attack in which Lonergan was punched, kicked, and forced to hand over money and a phone. Lonergan suffered severe injuries, hospital treatment, eight weeks out of work, blurred vision, and long‑term health complications, including diabetic shock. O'Sullivan had 18 prior convictions, including assault and knife possession. Judge Thomas Teehan imposed a 12‑year term with four years suspended and a €2,000 compensation order. O'Sullivan's lawyer argued the sentence was too harsh, citing the victim's impact, while the DPP defended the judge's decision. The Court of Appeal will decide on Thursday.
In a 2020 appeal, a 52‑year‑old man named Thomas Bates, originally from Liverpool, sought to have his 2019 conviction for conspiring to possess firearms, ammunition and explosives set aside. Bates was convicted of conspiring with others to acquire illicit items from the United States via the Darknet between 24 October and 10 November 2017. The trial judge sentenced him to seven years' imprisonment, with the final year suspended. The case involved a covert operation where Gardaí received three packages containing inert hand grenades, a decommissioned Glock pistol and dummy rounds, delivered to an address on Abbey Street, Cahir. Bates accepted the packages, claiming they were for his son, a claim later found false. The appeal argued that the trial judge erred by allowing anonymous FBI evidence, admitting a hearsay document, and failing to direct the jury on the evidential value of the alleged conspiracy.
In a burglary of stables outside Mullinahone, Co. Tipperary, 27‑year‑old Owen Kirwan and two others entered a tack room where horse owner Miguel Gunn was lying on a couch with a mare in foal. Kirwan was caught "red‑handed" by Gunn, who had a pitchfork for self‑defence. Kirwan threatened that "20 lads" would return to "burn you out" if he was not let go, and later admitted the offence after a voicemail recording was played. He had pleaded guilty to burglary and threat to damage property. Judge Tom Teehan at Clonmel Circuit Court imposed a seven‑year sentence, with two and a half years suspended. Kirwan appealed to the Court of Appeal, arguing the sentence was disproportionate, but the appeal was dismissed by Justice Patrick McCarthy, Court President George Birmingham and Justice Isobel Kennedy. The appeal was refused.
A man from County Mayo has been sentenced to twelve years imprisonment at the Central Criminal Court for the rape and sexual abuse of his stepdaughter over an eleven-year period. Thomas Mullarney, aged 61, of Cahir, Louisberg, pleaded guilty to sexual assaults at a Dublin residence between October 2003 and January 2005, and to rape at a Mayo address in November 2011 and September 2014. The abuse began when the victim was approximately six years old and continued into her teenage years. During sentencing, Mr Justice Michael White described the offences as falling at the upper end of serious sexual abuse, noting the victim's trust in Mullarney as a father figure and the systematic grooming involved. The judge acknowledged Mullarney's guilty plea as significant but stated that only the perpetrator bore responsibility for the harm caused. The court heard that Mullarney had experienced institutional abuse during his childhood, though the judge expressed difficulty understanding how such trauma could lead to victimising a child.
The Court of Appeal has increased the effective custody period for Roger Ryan, a defendant with over 90 previous convictions, including a prior rape conviction. Ryan was originally sentenced in Clonmel Circuit Criminal Court to seven years' imprisonment for three offences, with the final two years suspended. Additionally, Limerick Circuit Criminal Court imposed a wholly suspended three-year sentence for a robbery at Fine Wines, which was ordered to be consecutive as the crime occurred while he was on bail. The Director of Public Prosecutions appealed the Limerick sentence as unduly lenient, while Ryan's legal team challenged the severity of the Clonmel sentence. President Mr Justice Birmingham, sitting with Ms Justice Donnelly and Mr Justice McCarthy, found the Clonmel sentence overly severe given Ryan's history and the reality of the suspended portion. Conversely, the court determined the Limerick judge erred by suspending that sentence entirely. The court re-sentenced Ryan to six years' imprisonment for the Clonmel offences, with the final two years suspended. For the Limerick robbery, he received a consecutive three-year sentence with the final 18 months suspended. This intervention resulted in an additional six months of effective custody. Ryan was required to enter a good behaviour bond for the suspended periods. The court noted his adverse background and institutionalisation but acknowledged his positive conduct in custody.
Wesley Purse, a 41‑year‑old Welshman, was found cultivating 112 cannabis plants in County Tipperary while he was supposed to be serving a 12‑year sentence in the UK. He pleaded guilty to possession and cultivation of €42,000 worth of cannabis at Rossadrehid on 3 May 2017. The Clonmel Circuit Criminal Court sentenced him to five years' imprisonment on 29 June 2018, a sentence upheld by the Court of Appeal on 22 July 2019. In the appeal hearing, Justice Máire Whelan noted that Purse had initially given a false name to Gardaí and claimed coercion by a gang in Cork, but the claim was undermined by the fact that the name was an alias he used elsewhere. She highlighted that Purse had 92 prior convictions, including 13 drug offences, and that he committed the offence while he was supposed to be in prison in the UK.
In a High Court hearing on 16 July 2019, Justice Leonie Reynolds granted an injunction requiring the occupants of a three‑storey Georgian building at 42 and 43 Blessington Street, Dublin 7, to vacate by 6 pm that evening. The building, owned by Deck Building Services DAC, KDM Construction Ltd and Clonmel Enterprises Ltd, is slated for conversion into an apart‑hotel. The judge cited health and safety concerns, noting the property lacked a fire safety certificate and was uninsured because of the illegal occupation. No occupants appeared in court and no representations were made on their behalf. The owners, represented by Padraig D Lyons BL, argued that the occupants were aware of the proceedings and that the owners were entitled to the injunction. Earlier that month the premises had been unlawfully occupied, with occupants such as 'Oliver Rabbite' and 'Mouse' refusing to leave despite being asked by the owners' agents.
The owners of a three‑storey Georgian building at 42 and 43 Blessington Street, Dublin 7, have filed a High Court application to remove unknown alleged trespassers. The property, owned by Deck Building Services DAC, KDM Construction Ltd and Clonmel Enterprises Ltd, had been vacant and is now intended to be converted into an apart‑hotel. Earlier this month, the owners claimed the premises was unlawfully occupied by several unknown persons. The locks were changed, and two occupants identified themselves as 'Oliver Rabbite' and 'Mouse'. They were asked to leave but asserted they had permission to stay, had no alternative accommodation and would not vacate. The owners argue the building is unsafe, does not meet building regulations, and planned works are needed for fire safety compliance. The court granted the owners permission to serve short notice to the occupants and the matter will return next week.