The Court of Appeal has dismissed Regina Keogh's appeal against her conviction for the murder of Gareth Hutch. The 42-year-old, who was sentenced to life in prison in 2018 by the Special Criminal Court, was found guilty of colluding with her brother, Jonathan Keogh, to cause serious injury to Mr Hutch. Jonathan Keogh, 34, was also jailed for life for the 'deliberate and callous murder' committed on May 24, 2016. A third man, Thomas Fox, 32, was convicted and sentenced to life in prison alongside the Keoghs. All three defendants had denied the crime. Keogh's counsel argued that the trial court erred in law by treating Jonathan Keogh's DNA on latex gloves as corroboration of prosecution witness Mary McDonnell's evidence, despite an innocent explanation for the DNA. The State contended this was not a fundamental error. Presiding Justice George Birmingham, with Justices Patrick McCarthy and Isobel Kennedy, rejected all grounds of appeal. The court found that the evidence regarding the gloves, in context with other relevant evidence, was capable of constituting corroboration. Justice McCarthy stated that the trial court was entitled to proceed on McDonnell's evidence and that the conclusions of fact were not perverse. The appeal was dismissed, leaving the original convictions and sentences intact.
The Court of Appeal has quashed the murder convictions of Matthew Cummins and James Davy, substituting them with convictions for assisting an offender under the Criminal Law Act 1997. In a written judgment, the court found no evidence of a joint enterprise to murder 64-year-old Thomas 'Toddy' Dooley, whose death resulted from eight blows to the head and two to the torso. While the court described the defendants' subsequent conduct—attempting to burn the body and disposing of a baseball bat—as 'reprehensible,' it ruled this did not prove a prior agreement to kill. The appeal court rejected arguments for separate trials, noting the jury was entitled to hear the facts in totality. It determined that the trial judge erred in failing to direct the jury to return not guilty verdicts for murder but found overwhelming evidence of guilt regarding the post-offence conduct. The matter was adjourned and sent back to the Central Criminal Court for sentencing. Seán Davy, who had previously failed in a bid to have his conviction overturned in 2018, remains a convicted person in this case, though the current judgment specifically addresses the substitution of verdicts for Cummins and James Davy.
The Court of Appeal has quashed the murder convictions of Matthew Cummins, Seán Davy, and James Davy regarding the 2014 death of Thomas Dooley in Edenderry, Co Offaly. Presiding with Justices John Edwards and Isobel Kennedy, Court President Justice George Birmingham substituted the verdicts with convictions for impeding the apprehension or prosecution of a person under Section 7(2) of the Criminal Law Act 1997. The court ordered that the men be sent back to the Central Criminal Court for sentencing on these substituted verdicts, with a written judgement expected later. The three men had previously been found guilty of murder by a unanimous jury in 2016 and sentenced to life imprisonment. During the appeal, counsel for Cummins argued that the trial judge failed to properly explain the law regarding joint enterprise and that Cummins should have been directed to plead guilty to impeding. Counsel for James Davy argued that the judge's directions were confusing and that his client's fear constituted a reasonable excuse. The DPP argued that all three men were intrinsically involved in the savage killing. The appeal court accepted the arguments for quashing the murder convictions but substituted them with the lesser offence, leaving the matter for sentencing rather than concluding it.
David O'Loughlin, aged 34, was convicted of murdering Liam Manley by throwing him down a 40‑foot rubbish chute, where he died of asphyxiation. O'Loughlin had 54 prior convictions, including four assault convictions and five for producing articles in disputes. He had previously been jailed for a "frenzied" stabbing in December 2005 that left two foreign men alive after being stabbed ten and six times respectively. In 2004 he was convicted of assault after stabbing a youth three times, and in June 2005 he stabbed a man under the heart after a verbal argument. The Central Criminal Court heard that the Court of Appeal had overturned his first murder conviction and replaced it with a manslaughter conviction, citing lack of intent to kill. O'Loughlin's defence counsel described his client as remorseful, having written a letter apologising to Manley's family and seeking forgiveness.
The Court of Appeal heard an appeal by the Director of Public Prosecutions against the directed acquittal of two men on a charge of IRA membership. The Special Criminal Court had ruled the 'belief evidence' of a Chief Superintendent inadmissible after Gardaí refused to disclose underlying files, citing State security. The trial judge found the evidence 'inherently tenuous' without disclosure. The DPP appeals with prejudice, arguing the evidence was statutorily admissible and that fairness issues could be managed by weight. Counsel for the first accused argued the trial judge correctly excluded the evidence due to a 'blanket' privilege claim, describing the trial as 'nearing the stage where this is just a farce.' Counsel for the second accused adopted these submissions, noting the key witness stated his client was not an IRA member. The Irish Human Rights and Equality Commission intervened, arguing that prosecution counsel must have oversight of the garda files to ensure proportionality and independence. They submitted that the DPP should view the files to understand the basis of the belief evidence. The Commission stated that lack of access to the files was 'subversive of independence.' The Court of Appeal, comprising President Justice George Birmingham, Justice Isobel Kennedy, and Justice John Edwards, reserved its decision.
The Director of Public Prosecutions (DPP) expressed concern that a campaign supporting Aaron Brady, who murdered Detective Garda Adrian Donohoe, had posted trial transcripts and other materials on social media, accompanied by commentary that could amount to contempt of court. At a brief hearing in the Court of Appeal, Brendan Grehan SC for the DPP requested an order that the transcripts released for Brady's upcoming appeal be used only for that purpose and not distributed further. Grehan noted that the campaign had promised in January that transcripts would be made available to anyone, which the DPP feared could undermine the appeal process. Michael O'Higgins SC for Brady argued that neither Brady nor the defence lawyers would provide the transcripts to anyone. Aaron Brady was found guilty.
The State has commenced an appeal at the Court of Appeal against not guilty verdicts directed during the 2019 Special Criminal Court trial of two men charged with IRA membership. The DPP argues that the trial judge, Ms Justice Tara Burns, erroneously ruled a senior garda's "belief evidence" inadmissible due to a "blanket" privilege claim that prevented meaningful cross-examination. At trial, the judge found the evidence "inherently tenuous" and directed acquittals after 36 days, citing fairness issues arising from An Garda Síochána's refusal to disclose underlying material to the prosecution or defence. Paul O'Higgins SC, for the State, contended the evidence was statutorily admissible and should have been assessed for weight rather than excluded. He noted the DPP's regret over late disclosure and argued the garda's 38 years of experience and other corroborative evidence, including phone and forensic data, supported the case. John D Fitzgerald SC, for the first accused, and Hugh Hartnett SC, for the second accused, defended the trial judge's decision, arguing that strict scrutiny of belief evidence was required and that the State's privilege claim rendered the evidence "valueless." The appeal continues before Mr Justice George Birmingham, Ms Justice Isobel Kennedy, and Mr Justice John Edwards.
The Court of Appeal refused to allow Marian Lingurar Jnr, 26, to appeal his conviction for the manslaughter of John Kenny, 56, who was killed in a burglary at Kenny's pub in Oughterard on 25 September 2011. The court considered the impact of new proceedings on the victim's family, ten years after the killing, and found the appeal had little chance of success. It will, however, allow Lingurar to appeal his nine‑year prison sentence. Lingurar, a Romanian national who had broken bail, fled Ireland, and returned under a false name, was found guilty by a jury in 2019. The judge noted that Lingurar was a juvenile at the time of the offence and that the family's impact would be less if the sentence were appealed rather than the conviction. The appeal of the sentence will be heard after the defence argues that the sentence was overly severe given Lingurar's youth.
Michael Murray, a convicted rapist, is currently on trial for alleged threats to kill and harassment. He has pleaded not guilty to making death threats against Dominic McGinn SC and Tony McGillicuddy BL in late 2014 and early 2015, as well as harassing Mr. McGinn, his former solicitor, and his rape victim by advertising them online as prostitutes. During his testimony on day 11 of the trial, Murray claimed he had a "lawful excuse" for these actions, stating he intended to use the threats as a mechanism to force witnesses from his original trial into court to elicit evidence for a potential appeal. He alleged that the conduct of his previous trial, where his sentence was increased from 15 to 19 years by the Court of Appeal, justified his behavior. Under cross-examination, Murray admitted to devising six ads on BackPage.com that listed the personal phone numbers of the victims and intended to cause them distress. He acknowledged his intention to alarm the barristers and harass the complainant and his former solicitor. Despite these admissions, he maintained his defense was based on a lawful excuse related to the prior proceedings. The trial continues before Judge Karen O'Connor and a jury.
The Court of Appeal has rejected an appeal by Aaron Cassidy, a convicted driver from Edgeworthstown, Co Longford, who challenged the severity of his five-year jail sentence for dangerous driving causing serious bodily harm. Presiding with Justices Kennedy and McCarthy, Mr Justice George Birmingham described the appeal as "utterly lacking in merit" and the original sentence as "generous" and "lenient." Cassidy was convicted in June 2020 for injuring pedestrian Stephen Roche in September 2017. He also pleaded guilty to failing to report the accident after fleeing the scene and abandoning his van in a bog. The court noted Cassidy was heavily under the influence of alcohol and cocaine at the time. The sentencing judge had reduced a headline sentence of eight years and six months to six years, suspending 12 months, resulting in an effective five-year term. Cassidy was also disqualified from driving for 10 years. The Court of Appeal affirmed that the sentence fell within the available range and declined to increase it, despite noting they would have been more severe. The matter was concluded with the appeal dismissed.
Gerrard Dunne has lost his appeal against a prison sentence for endangerment and possession of a petrol bomb. The three-judge Court of Appeal, led by Mr Justice John Edwards, upheld the sentence imposed by Judge Melanie Greally at Dublin Circuit Criminal Court. Dunne, who pleaded guilty to throwing an ignited petrol bomb at Garda Karl Kelly on the Link Road, Darndale, Dublin, on April 29, 2019, argued that his original headline sentence was too high and that he deserved greater credit for his early plea and mental health issues. Justice Edwards rejected these arguments, stating the headline sentence of five years and six months was proportionate given the unprovoked nature of the attack and the lethal potential of the weapon. He noted that Garda Kelly avoided injury only by moving out of the way. The Court found no error in principle in the sentencing judge's approach. Dunne was sentenced to four and a half years in prison, with the final six months suspended for 12 months on strict conditions. The appeal was dismissed, leaving the original custodial sentence intact.
In a Court of Appeal hearing, Mr Justice John Edwards warned that barristers must provide evidence for any mitigation pleas they raise. He said the practice of presenting hearsay claims—such as a defendant's depression, drug or alcohol problems, suicide attempts, tragic family history, a sibling's paralysis, drug‑counselling attendance or periods of sobriety—without witnesses or supporting medical or other documentation is unacceptable and must stop. The judge emphasized that courts will not accept mitigation arguments lacking evidence.
In a 2021 appeal hearing, the Court of Appeal expressed strong concern that the defence of a man serving a 10‑year sentence for infecting two former partners with HIV had failed to raise a key issue about the judge's instructions on circumstantial evidence. Judge John Edwards noted that the omission was "obvious" and could be considered a "flagrant denial of justice" if not addressed. Counsel Paul Greene was given one week to submit affidavits and arguments, while the Director of Public Prosecutions had a week to reply. The case, first of its type in Ireland, involved a 30‑year‑old African man convicted in 2018 for intentionally or recklessly causing serious harm to two women between November 2009 and June 2010. The appeal focuses on procedural matters rather than the merits of the conviction. The hearing will resume after the submissions are reviewed.
In a Court of Appeal hearing on 24 June 2021, Calvin Cullen, aged 22, withdrew an appeal against his murder conviction, despite his lawyers' advice. Cullen, convicted in September 2020 for the November 2018 murder of David Boland, 34, had previously pleaded guilty to manslaughter but not to murder. The appeal, based on a single ground that the trial judge had refused to allow the jury to consider provocation as a partial defence, was now abandoned. Cullen, represented by barrister Brendan Grehan SC, confirmed he no longer wished to proceed. Judge John Edwards, hearing the case via video link from Mountjoy prison, asked Cullen if he was "completely certain" about the withdrawal; Cullen affirmed his certainty and satisfaction with the legal advice. The judge permitted the withdrawal. Cullen's original conviction was obtained at the Central Criminal Court in Kilkenny, where Judge Tara Burns sentenced him to life imprisonment following a unanimous jury verdict.
The Court of Appeal will re‑sentence Emma Fehily, a 37‑year‑old fraudster, after the Circuit Criminal Court imposed a one‑year fully suspended sentence that the Director of Public Prosecutions argued was unduly lenient. Jane Hyland BL presented evidence that Judge Sean O'Donnabhain had expressed displeasure with Fehily's early releases, describing them as a "complete and utter joke" and suggesting the governor of Limerick Prison had not taken white‑collar crime seriously. Fehily had pleaded guilty in 2020 to forging character references and had prior convictions for multiple thefts totalling over €25,000 and €34,000. Mr Justice John Edwards said the sentence was outside the norm but could not re‑sentence today because the defence had failed to provide evidence for claims of depression, self‑harm and suicide attempts. He ordered that medical evidence be supplied before a new hearing on 26 July, noting that the court would not allow Fehily to remain at liberty until then.
In a Dublin pigeon club shooting, Christopher McDonald, 36, was convicted of murdering 36‑year‑old Keith Walker after firing 18 bullets from a sub‑machine gun. McDonald, who was dressed in women's clothes and wearing a black wig, was found guilty by a unanimous jury in 2017. He appealed, arguing that a witness, Jason O'Connor, who lunged at him in court, should have caused the jury to be discharged. The three‑judge Court of Appeal, led by Mr Justice George Birmingham, rejected the appeal, stating that O'Connor's outburst, though "unacceptable," would not have prejudiced the jury. The court also dismissed claims about DNA sampling and witness discussions, affirming the trial's fairness and the verdict's validity. The decision confirms McDonald's murder conviction and the jury's unanimous verdict.
Shafik Qadri, a 51‑year‑old Pakistani national, was sentenced to six years in prison in October 2018 for raping a woman he invited to dinner in January 2016. He appealed at the Court of Appeal, arguing that Gardaí failed to take two witness statements. The statements in question were from a work colleague of the victim and the colleague's girlfriend, who had been told by the victim about the incident before reporting it the following day. Qadri's counsel, Michael Bowman SC, claimed that the omission compromised the fairness of the trial. The DPP's counsel, Shane Costelloe SC, dismissed the appeal as speculative, noting no issue was raised during the trial and that the Gardaí had not disclosed any information to the defence. The judge reserved judgment on the appeal.
In a 2021 Court of Appeal decision, a 41‑year‑old man's five‑and‑a‑half‑year jail term, originally imposed for two sexual assaults on his step‑daughter, was reduced by two years. The first assault occurred in early 2015 when the man, while seated beside the bed, fondled the girl's breasts while her mother slept. The second assault took place in mid‑2016, after a pub visit, when the man again forced his hand under the girl's t‑shirt. The original sentences—five years with 18 months suspended for the first offence and five years with three years suspended for the second—were set to run consecutively. The Court of Appeal, citing the severity of the offences and the victim's severe impact, removed the suspended portions and set concurrent custodial terms of two years for the first offence and three‑and‑a‑half years for the second, back‑dating them to the original sentencing date.
Akbar Jafari, 35, an Afghani refugee, began a one‑year jail term after being caught with 14 bogus identity cards. He had originally received a fully suspended two‑year sentence from Dublin Circuit Criminal Court for conspiring to produce false identification documents between 2 and 17 January 2017. The Court of Appeal, finding the original sentence unduly lenient, quashed the suspended sentence and imposed a two‑year jail term with the second year suspended on the condition of a bond for good behaviour. Jafari entered the bond in court and his sentence commenced. He had been in contact with a Nigerian man in Dublin who had agreed to make the fake identities for his family members hoping to come to Europe. Jafari claimed he was acting out of humanitarian concern for his relatives, though the court did not accept this as a defence. The unnamed man pleaded guilty.
The Court of Appeal has dismissed the appeal by Séamus Morgan, who was found guilty of the murder of Laurence 'Bomber' Keane. The three-judge panel, presided over by Mr Justice George Birmingham, ruled that there were no grounds to find the trial unfair or the verdict unsafe. Morgan, a 53-year-old from Athy, Co Kildare, was sentenced to life imprisonment in January 2016 for beating Keane to death in a laneway near the Greenhills estate in July 2013. He had previously served an eight-year jail sentence after being found guilty of the manslaughter of James Hand in 2002. Defence counsel Seán Gillane SC argued that the trial judge erred regarding the admissibility of previous convictions and misdirected the jury on identification evidence. The Court of Appeal rejected these claims, finding the trial judge's approach on prior convictions and witness recognition evidence to be legally sound. The court also noted that while the judge's warning on street lighting was not strong, it was adequate given the focus on witness honesty. During the proceedings, the presiding judge and Mr Justice McCarthy recalled potential prior involvement in Morgan's earlier case. Both parties confirmed no objection to the original panel proceeding, and the appeal was ultimately lost.
A man from Aughavas, County Leitrim, has lost his appeal against conviction for money laundering and related offences at the Court of Appeal. Simon Gold, aged 56, was serving a seven-and-a-half-year sentence following his conviction in June 2019 on 20 charges, including money laundering of €1.6 million, deception, and use of false instruments. The Court of Appeal dismissed all 12 grounds of his appeal. During his trial at Dublin Circuit Criminal Court, evidence emerged that Gold had operated under multiple aliases and falsely represented himself as offering investment opportunities and loans to victims. A Danish businessman transferred €1.6 million to an account he controlled, whilst Irish victims, including a quarry owner and dairy farmer, were targeted with deposit schemes. The appeal court found no legal error by the trial judge in permitting the offences to be tried together, noting this presented a fuller picture of Gold's operations. Gold held 17 previous convictions spanning two decades.
In a 2021 Court of Appeal decision, the appeal of Romanian national Petronel Pal, aged 36, was dismissed, allowing his extradition to Romania. Pal, arrested in Dublin, faces charges of aggravated murder and organised crime for an alleged 2014 incident at Academy Square, Navan, where Romanian national Virgil Busa was assaulted and later died. Pal's lawyers argued that the extradition should be barred under Section 44 of the European Arrest Warrant Act, citing the Ian Bailey case to claim reciprocity was not established. The Minister for Justice countered that Ireland and Romania exercised extraterritorial jurisdiction on the same basis. Justice Aileen Donnelly, with Justices Úna Ní Raifeartaigh and Maurice Collins, ruled that the High Court had correctly considered the Romanian authorities' reliance on Pal's nationality and that the surrender was not prohibited. A 14‑day stay was imposed on the extradition order to allow a possible Supreme Court appeal.
Paul Crosby, a 25‑year‑old from Rathmullen Park, Drogheda, with 40 prior convictions, had his original five‑year arson sentence reduced to three years and six months, with the final six months suspended, by the Court of Appeal. The offence involved the 2019 arson of a stolen Volkswagen Polo, which was jump‑started by Crosby and two others, driven to a field, and set on fire. He pleaded guilty and was initially sentenced by a Dundalk Circuit judge to five years, the last six months suspended. The appeal argued the original seven‑year headline was excessive, citing the remote location of the fire and Crosby's early guilty plea. The Court of Appeal agreed, quashing the original sentence and imposing the reduced term, while requiring Crosby to bond for good behaviour for 12 months and remain under probation supervision for six months. The decision was based solely on the facts presented in the case.
James Lammon, aged 48, was convicted in 2016 of the brutal, pre‑meditated murder of Jason Doogue in Athy, Co. Kildare, and received a mandatory life sentence. He is appealing on the ground that his legal team failed to challenge a disputed statement attributed to him by Garda Daniel O'Shea, who claimed Lammon had spoken about the murder in a Garda station exercise yard. Lammon denies the conversation ever occurred and says he never authorised the admission of excerpts from O'Shea's memo. His counsel argues that no clear instruction was given by Lammon to allow the evidence, and that the legal team's strategy was not supported by any record of his consent. The Court of Appeal has reserved judgment on the appeal, noting the case remains at the trial stage.
The Court of Appeal has granted the Irish Human Rights and Equality Commission (IHREC) permission to intervene as amicus curiae in a criminal appeal, a first for Irish courts. The Director of Public Prosecutions (DPP) is appealing the Special Criminal Court's acquittal of two men charged with IRA membership. Last year, the non-jury court directed acquittals after Gardaí refused to disclose secret material underpinning Detective Chief Superintendent Anthony Howard's "belief evidence." The court ruled this evidence inadmissible due to unfairness arising from a blanket privilege claim, noting the remaining evidence was "inherently tenuous." Justice Tara Burns also cited "worrying aspects" of Howard's evidence in light of claims by State's-witness David Cullen. The DPP is appealing with prejudice, meaning a successful appeal could allow the men to be retried. The appeal is listed for July. While the DPP argued such intervention was unprecedented in criminal proceedings and might affect the balance, the IHREC maintained its role was not to favor either side. Court President Justice George Birmingham acknowledged the application was "effectively unknown" but confirmed the court's jurisdiction to accept it. He noted the IHREC's commitment to keeping its intervention "confined and focused." The court ordered the DPP and IHREC to file submissions within 14 days, while the respondents must submit theirs by Thursday. The IHREC stated the case raises significant human rights issues regarding the balance between protecting Garda investigations and ensuring a fair trial.
Daniel O'Brien, a 28‑year‑old banned driver, was found guilty of endangering a Garda and a mother with a newborn when he drove disqualified at a checkpoint in Cork City and later sped through a red light. He swerved at speed toward Garda Ryan Dillon, who feared for his life and was clipped by O'Brien's wing mirror. O'Brien then overtook a vehicle at a red light, narrowly missing a mother and her baby in a buggy, forcing them to retreat to the footpath. He had previously been sentenced in December for two counts of reckless endangerment and had 44 prior convictions, including an 18‑month prison term for slashing a man. Judge Seán Ó Donnabháin imposed a four‑year jail term and a 12‑year driving ban. O'Brien appealed to the Court of Appeal, but the appeal was dismissed, with the judges finding no error in the original sentencing.
The Court of Appeal reduced a four‑year jail sentence to two years for 75‑year‑old taxi driver Denis McSweeney, who fled the scene of a fatal collision that killed 49‑year‑old psychiatrist Dr Martin Lawlor on 15 December 2018. McSweeney pleaded guilty to four hit‑and‑run offences: failing to stop, failing to remain at the scene, failing to report the incident and failing to give information to gardaí. The original sentencing hearing at Cork Circuit Criminal Court in February had imposed five years, with the final year suspended, and a 20‑year driving disqualification. The Court of Appeal found the sentence excessive, citing McSweeney's age, lack of prior convictions, remorse and the absence of aggravating factors, and substituted a two‑year term. The decision was made after McSweeney's defence argued mitigating circumstances and the prosecution acknowledged limited case law on such matters.
In a 2021 appeal, the Court of Appeal dismissed the case of Andrzej Benko, 48, who had been convicted of attempted murder after striking his wife, Joanna, on the head with a lump hammer while she slept on 5 July 2010. Benko had been sentenced to 15 years in prison by the Central Criminal Court in April 2014. His lawyers argued that the trial judge's direction to the jury about the presumption that an accused intends the natural and probable consequences of his actions was inappropriate, claiming that such a presumption applies only in murder cases under the Criminal Justice Act 1964. Justice Ni Raifeartaigh rejected this argument, citing case law that the presumption extends to a wide range of offences involving intent. She also found the trial judge's direction correct, noting that the burden of rebutting the presumption lay with the prosecution. Benko's appeal was therefore dismissed, leaving his conviction and sentence intact.
The Court of Appeal has reserved its judgment on the appeals against conviction lodged by Jason Bradley and Dean Bradley. The brothers were sentenced to life imprisonment in July 2018 after being found guilty of the murder of Neil Reilly in Lucan, Dublin, on January 18, 2017. Their co-accused, Ryan Bradley, was acquitted of murder by direction of the trial judge but pleaded guilty to impeding the investigation, receiving a fully suspended five-year sentence. Their father, Paul Bradley, was acquitted by the jury. Counsel for the appellants argued that the trial judge erred in refusing to discharge the jury after Ryan Bradley's counsel sought a directed verdict, leaving the appellants with a tactical dilemma regarding the testimony of witness Danielle Cusack. They further contended that the admission of Cusack's evidence, derived from enhanced cognitive interviewing, was flawed. The prosecution rebutted these claims, asserting the trial judge's rulings were impeccable. The court, comprising Mr Justice John Edwards, Mr Justice Patrick McCarthy, and Ms Justice Isobel Kennedy, heard the arguments and indicated the matter is complex, with judgment to be reserved.
In 2016, James Lammon, aged 48, was convicted by a jury at the Central Criminal Court of the brutal, pre‑meditated murder of Jason Doogue in Athy, Co. Kildare, on 21 August 2015. The jury found Lammon to be the masked gunman who shot Doogue three times before cycling away. He received a mandatory life sentence, back‑dated to the day of the murder. Lammon is appealing, arguing that his counsel failed to challenge a disputed statement attributed to him by Garda Daniel O'Shea. O'Shea had recorded a conversation in which Lammon allegedly said the bullet was meant for another man and that he would never be charged. The defence and prosecution reached an agreement allowing O'Shea's testimony to be admitted unchallenged, a decision Lammon claims he did not consent to. The Court of Appeal will consider whether Lammon had agreed to this arrangement and whether it was proper.
Following the enactment of the Children (Amendment) Act 2021, RTE successfully applied to lift a court order that had kept the identities of convicted child murderer Patrick Dillon (28) and his 11‑year‑old nephew, Brooklyn Colbert, anonymous. The new law removes the restriction on naming deceased children, except in exceptional circumstances, and allows media or relatives to request the court to lift such orders. Dillon, who had been named in the Central Criminal Court in January after a Court of Appeal ruling on Section 252 of the Children Act, admitted to striking Brooklyn with a hammer and stabbing him 27 times. The court described the murder as a "horrific breach of trust" and sentenced Dillon to life imprisonment. Brooklyn's mother, Sonia Aylmer, publicly demanded that the victim's name be released, arguing that her son's legacy should not be defined solely by his death.
The Court of Appeal upheld a decision that two boys, born in France to an Irish father and a French mother, must be returned to France. The father had refused to send them back after a visit to Ireland, citing concerns that mandatory mask‑wearing in French schools would cause his son anxiety and distress. The father's appeal was dismissed by a three‑judge panel, which found no evidence of a grave risk or harm to the children from wearing masks. The court confirmed that the requirements for an order under Article 12 of the Hague Convention had been met, and the children were deemed wrongfully detained in Ireland. The decision was made after the father's request for a stay was rejected, and the court emphasized that the evidence did not support the claim that mask‑wearing would adversely affect the boys. The boys are to be returned to their mother in France.
Former Ros na Run actor Garrett Phillips, aged 48, has withdrawn his appeal against the sentence imposed for raping a 20‑year‑old woman in Galway on 5 November 2015. Phillips was convicted by an 11‑1 jury verdict of a single charge of orally raping the victim after she fell asleep in his van. He was sentenced to six years' imprisonment. The appeal, which had been scheduled for the Court of Appeal, was withdrawn at the request of his counsel, Fiona Murphy SC. The court, presided over by Mr Justice George Birmingham, accepted the withdrawal. The case had previously seen a conviction appeal rejected, and the sentence appeal was the only remaining legal proceeding. No further proceedings are scheduled. Garrett Phillips pleaded not guilty.
Jack McCarthy, 24, of Ardbhaile, Mayfield, Co Cork, was sentenced by the Cork Circuit Court to four years in prison, with the final year suspended for two years, for a burglary committed on 11 April at a house near his home. He entered a signed guilty plea at the earliest opportunity in the District Court and maintained it when sent to the Circuit Court. The Court of Appeal, presided over by Mr Justice George Birmingham, reduced the sentence to three years, suspending the final six months. The judge highlighted the value of an early guilty plea and McCarthy's genuine remorse, noting his attempts to enrol in a residential rehabilitation programme before the first public‑health lockdown. Aggravating factors included McCarthy's prior convictions for burglary, assault and knife possession.
In a Court of Appeal decision dated 30 April 2021, John Waters and Gemma O'Doherty were ordered to pay the legal costs of their unsuccessful appeal against the High Court's refusal to allow them to challenge Covid‑19 legislation. The three‑judge panel, led by Mr Justice George Brimingham, held that the normal rule that the losing side pays costs applied. The applicants had argued that their action was a public‑interest case and that they had acted as lay litigants, but the court found no special, unusual or exceptional circumstances to depart from the rule. The appeal was dismissed, and the applicants were required to pay the State respondent's costs. The Court noted that the proceedings did not involve any real legal novelty or development of jurisprudence, and therefore could not be considered a genuine public‑interest proceeding.
At the Court of Appeal, the DPP is appealing the award of a Miscarriage of Justice certificate to a man who was found not guilty by reason of insanity of the murder of his infant child. The 20-month-old boy died on April 17, 2001, after being found non-responsive in the father's apartment. The now 47-year-old man was initially found guilty of murder in 2003 but had his conviction quashed in 2019 after being diagnosed with paranoid schizophrenia. The retrial heard evidence from four consultant psychiatrists confirming the man's schizophrenia diagnosis in 2001. The DPP argues that the new diagnosis does not constitute a 'newly-discovered fact' and that the criteria for the certificate were not met. Counsel for the State, Mr Brendan Grehan SC, stated that the diagnosis was a 'reappraisal' of medical evidence and that the original trial's evidence was 'honest and expertly' delivered. Responding for the appellant, Mr Barry White SC argued that his client was wrongly jailed for 16 years and that the retrial jury found him not guilty by reason of insanity within ten minutes. The matter was adjourned as the court will reserve its position following the review of significant documentation.
In a Court of Appeal hearing, a 17‑year‑old who pleaded guilty to the murder of Glen "Ossie" Osborne was denied an appeal against his life sentence with a review after ten years. The appeal argued that the sentencing judge had not sufficiently considered the defendant's remorse, early guilty plea and rehabilitation efforts, and that another teenager who committed a planned, unprovoked murder without remorse received the same sentence. The Court of Appeal found no error in principle, noting that the bringing of a knife to the scene was a significant aggravating factor and that the judge had given "significant credit" for the defendant's early plea and remorse. The judge had ordered periodic reports for a review after ten years, and the appeal was dismissed. The defendant remains in custody awaiting that review. The unnamed 17-year-old was found guilty.
Anthony McNamara, 28, of Ard Mor Drive, Tallaght, was convicted by a Circuit Court jury in 2020 of violent disorder, criminal damage and production of an article capable of inflicting serious injury for an "animalistic" attack on a family home on 9 October 2018. The assault involved a gang of men, most wearing balaclavas, who broke a wooden fence, smashed the house's exterior, and used a machete. McNamara threw a child's scooter at a female resident, who was struck on the head. He was sentenced to five years and six months, with the final six months suspended on condition of keeping the peace. McNamara appealed, arguing that a witness's testimony about a nearby house being "smashed to the ground" was inadmissible and prejudicial. The Court of Appeal dismissed the appeal, ruling the evidence was not referable to McNamara and did not prejudice the jury.
Marian Lingurar Junior, 26, a Romanian national, is serving a nine‑year sentence for his role in the 2011 murder of John Kenny, a Galway publican, during a burglary. He has applied to the Court of Appeal for leave to appeal, arguing that his appeal was mistakenly filed under his father's name and that his privacy rights were breached when Gardaí obtained phone records used at trial. The Court noted that Lingurar had breached bail, fled Ireland, and returned under a false name, delaying his trial until 2019. The Director of Public Prosecutions opposed the extension, citing insufficient evidence that the appeal would succeed and the need to protect the victim's family. The appeal's outcome remains pending. The case also involved a second burglary conviction for the same night.
In 2017, accountant Sidney Sutton, aged 43, was convicted at the Circuit Court of four counts of assault, one of assault causing harm and one count of producing a knife capable of inflicting serious injury, for incidents alleged to have occurred on 6 February 2016 after a wedding in Slane. He received a two‑year sentence with the final 12 months suspended, later increased by the Court of Appeal to 16 additional months. On 26 April 2021, the Court of Appeal quashed the conviction, citing an error in the trial judge's allowance of the prosecution to edit interview memos. The appeal was based on a ground presented by a former legal team, and the court found that the editing had prejudiced the defendant's case. Sutton will appear again on 10 May to determine whether the Director of Public Prosecutions will seek a retrial, and he retains the right to oppose any such application.
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.
In a "without prejudice" hearing before the Court of Appeal, the Director of Public Prosecutions challenged a 2016 ruling by Judge Robert Eagar that child sexual exploitation could only be an offence if the child was also trafficked. Eagar had held that the relevant provisions of the Child Trafficking and Pornography Act 1998 and the Criminal Law Act 2008 did not create a standalone offence of exploitation, insisting that proof of trafficking was required. The DPP argued that Section 3(2)(a) of the 1998 Act plainly creates an independent offence, punishable by up to 14 years' imprisonment, without needing evidence of trafficking. The DPP cited the judge's reference to marginal notes and a minister's comment that the offence was "trafficking, not exploitation," and asserted that parliamentary speeches should not influence statutory interpretation. The Court of Appeal reserved judgment on the matter.
Two judges on the Court of Appeal heard Seamus Morgan's appeal against his murder conviction for killing Larry 'Bomber' Keane. During the hearing, President of the Court of Appeal, Mr Justice George Birmingham, realised that he had defended Morgan in Morgan's earlier murder trial, while his colleague, Mr Justice Patrick McCarthy, had prosecuted him. Birmingham said that if either side had a qualm, the appeal would be reheard by a different panel. Morgan, aged 53, had previously been found not guilty of murder but guilty of manslaughter for the killing of 29‑year‑old James Hand in 2002. The appeal is now pending, with lawyers for Morgan and the Director of Public Prosecutions to decide whether to proceed with a new panel. The court has reserved judgment.
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.
In 2021 the Court of Appeal upheld the conviction of a 71‑year‑old father who had repeatedly raped his 12‑year‑old son. The father was found guilty of anally raping the child on nine occasions and of child cruelty for locking the boy in a box; he was acquitted of a separate charge of raping the boy with a poker. The appeal was dismissed after the court considered the lengthy nine‑day testimony of the victim, the use of video‑link evidence, and the admission of evidence of the father's prior convictions for theft and drink‑driving. The judge imposed a 15‑year sentence, suspended the final year, and ordered a four‑year supervision period upon release. The decision was made after the court noted the impact of the trial on the child, who had been removed from the family home in 2011 and had suffered severe emotional distress.
A Belfast man, aged 70, lost an appeal against his conviction and six‑and‑a‑half‑year jail sentence for sexual assault. The Court of Appeal found no error in the trial judge's conduct or sentencing. The man had been convicted in October 2018 of five counts of sexual assault and one count of indecent assault, committed between 1989 and 1996 when the victims were aged seven to 14. Four of the assaults involved his godson's cousin, the other two involved his godson, the son of a neighbour. Lawyers argued the judge erred by treating a 2010 statement to the victim's wife as the first reasonable opportunity for complaint and by allowing the prosecution to link the victim's reporting delay to long‑term mental health issues. The Court rejected these arguments, concluding the 2010 statement was sufficiently close to the formal complaint to not alter the case dynamics.
Seamus Morgan, aged 53, seeks to overturn his 2016 murder conviction for killing Laurence 'Bomber' Keane, a 56‑year‑old former bomb‑maker. Morgan was jailed for life after a jury found him guilty of murdering Keane in a dark laneway near Greenhills, Athy, on 18 July 2013. He had previously served eight years for the manslaughter of 29‑year‑old James Hand in 2002. In the Court of Appeal hearing, Morgan's lawyer argued that the trial judge erred by allowing the prosecution to introduce evidence of Morgan's earlier manslaughter conviction and by failing to properly warn the jury about the reliability of witness identification. The appeal judges reserved judgment. The case remains at the appeal stage, with no outcome yet announced. Seamus Morgan pleaded not guilty and was acquitted.
A 18‑year‑old man, who was 15 when he committed a sexual offence against a girl aged 15‑17 at a party, has had his appeal against an 18‑month sentence dismissed. The Court of Appeal, hearing the case on 15 April 2021, noted that a delay in the investigation—caused by a Garda repeatedly calling the wrong address—meant the defendant would serve most of his sentence in an adult prison once he turns 18 and six months. The judge had originally set a headline sentence of five years, reduced to 18 months after considering mitigating factors, including the defendant's age at the time of the offence. The defendant pleaded guilty on 27 July 2020 to defilement under the Criminal Law (Sexual Offences) Act 2006. The appeal was dismissed, and the defendant will be transferred to an adult prison in the coming weeks.
In a Court of Appeal hearing, 18‑year‑old Michael Bowman, representing a young man who defiled a 15‑year‑old girl at a party in 2018, argued for a reduction of the 18‑month sentence imposed for the offence under the Criminal Law (Sexual Offences) Act 2006. Bowman highlighted that the defendant had pleaded guilty early, had no prior convictions, had shown good behaviour, and had suffered personal trauma. He also pointed out that a procedural delay—caused by a Garda repeatedly calling the wrong address—meant the defendant would serve most of his sentence in an adult prison, a circumstance he claimed should have been weighted more heavily. The prosecution, represented by Paul Greene SC, said the delay was not prejudicial. The Court of Appeal, presided over by Justice George Birmingham, was expected to deliver a judgment within a few days.
A 53‑year‑old Dubliner, whose name is withheld to protect his victim, has asked the Court of Appeal to quash a conviction for indecent assault of his male cousin. The appeal argues that the trial was unfair because the jury heard two separate allegations – one against a young girl and one against the cousin – in the same hearing. The appellant's lawyers claim no legal basis existed for a joint trial and that the prosecution failed to establish any cross‑corroboration between the allegations. They contend that the judge's refusal to allow the cases to be tried separately created a risk of prejudice. The Court of Appeal has reserved judgment on the appeal.