Court archive
Court reports mentioning Mullinahone, Tipperary
2020-06-29 · Kilkenny
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.
2018-07-03 · Kilkenny
Walter Morrissey has lost his appeal against the severity of his sentence for aggravated sexual assault and intentionally or recklessly causing serious harm to his former partner. The Court of Appeal, presided over by Mr Justice John Edwards with Mr Justice John Hedigan and Mr Justice Patrick McCarthy, dismissed the appeal without hesitation. Morrissey, 74, was found guilty by a jury of assaulting a woman in Kilkenny between December 1 and 8, 2011. Medical evidence indicated he used his fist to cause severe injuries, which a gynaecologist described as comparable to machete rape in sub-Saharan Africa, stating self-infliction was impossible. In 2013, Mr Justice George Birmingham sentenced Morrissey to 13 years imprisonment, describing him as cunning, devious, and manipulative. Counsel Seán Gillane SC argued the sentence was excessive compared to typical rape cases. However, the appellate court found the sentence lenient, noting the case fit within a 15-year-to-life category before a generous four-year reduction for age. The court stated the depravity reached new depths. Morrissey's criminal history includes a 1977 conviction for the double manslaughter of Francis McEnery and his son Marcus, and a 1999 conviction for seven counts of indecent assault. He previously lost an appeal against his conviction for the current sexual assault charges in May.
2018-05-15 · Kilkenny
Walter Morrissey has lost his appeal against his 2013 conviction for aggravated sexual assault, with the Court of Appeal upholding his 13-year sentence. The 70-year-old from Co Kilkenny was found guilty of leaving a former partner with life-threatening injuries, including a severe vaginal tear described by medical experts as comparable to injuries from machete rapes. During the appeal, presided over by Mr Justice John Edwards, Justice Alan Mahon, and Justice John Hedigan, the court rejected all four grounds raised by Morrissey. These included claims that the trial judge erred by refusing to appoint new solicitors after Morrissey discharged his legal team on day eight, and that the jury should have been discharged after the victim revealed his status as a registered sex offender. The appellate judges noted that the defence failed to object immediately to the prejudicial comment and that Morrissey had no objection to the discharge of two jurors earlier in the trial. The court affirmed that the trial judge acted correctly in denying a retrial, stating it is not open to an accused to up-scutter proceedings by discharging counsel to secure a new jury. Morrissey, who was previously convicted in 1977 of the double manslaughter of Francis McEnery and his son, and in 1999 of seven counts of indecent assault, was led away to continue his 13-year sentence. As he left, he shouted that the decision was a "100 per cent insult" and called the judges "heap of crooks."