The Court of Appeal upheld the convictions of former Anglo Irish Bank head John Bowe (53) and former Irish Life and Permanent chief executive Denis Casey (57) for a single count of conspiring to mislead investors by using interbank loans to inflate Anglo Irish Bank's value by €7.2 billion between 1 March and 30 September 2008. A jury at the Dublin Circuit Criminal Court found them guilty after one of the longest criminal trials in Irish history. Judge Martin Nolan sentenced Bowe to two years and Casey to two years and nine months imprisonment on 29 July 2016. The men appealed, but the three‑judge Court of Appeal, led by Justice Seán Ryan, dismissed the appeals and confirmed the convictions, finding no fault with the trial judge's rulings or the jury's conclusions. The court rejected all grounds of appeal, including objections to evidence, alleged entrapment, and claims that the Financial Regulator's actions could provide a defence. Denis Casey pleaded not guilty.
The Court of Appeal was asked to decide whether a juvenile's suspended sentence can be partially activated when no legal authority exists. Barrister David Humphries explained that the issue concerns Section 98 of the Criminal Justice Act 2006 and the 2001 Children's Act. Circuit Court Judge Thomas Teehan requested the higher courts to determine if he could suspend part of a juvenile's detention and whether he could also activate any portion of that suspended sentence. No authority was found, and the Court of Appeal reserved judgment.
The Court of Appeal upheld a 13‑year jail term for a 40‑year‑old man convicted of raping a woman four times in a single incident at his Laois home. The man had been sentenced to 14 years with the final year suspended, but the appeal against the severity of the sentence was dismissed. The judge noted the prolonged, violent nature of the attacks, the humiliation inflicted, and credible threats to kill the victim and her mother. The defendant's defence claimed no sexual contact and that injuries were due to force used to reject advances. The appeal also addressed the defendant's request to introduce sexually explicit images, which the trial judge deemed irrelevant. The Court of Appeal found no grounds to alter the conviction or sentence, confirming the 13‑year term as appropriate for the seriousness of the offence. The unnamed 40-year-old pleaded not guilty.
In a 2017 Court of Appeal decision, the appeal of Garrett O'Brien, convicted of murdering Seamus O'Byrne, was dismissed. O'Brien, aged 40, had pleaded not guilty to the 2009 killing of the 27‑year‑old father‑of‑two at his home in Tallaght. A jury at the Central Criminal Court found him guilty and imposed a mandatory life sentence. The appeal argued that the jury's failure to provide reasons for its verdict breached O'Brien's fair‑trial rights. Justice Alan Mahon upheld the conviction, stating that Irish law does not require juries to explain their deliberations and that such a request would be impractical. He noted that the jury's verdict was clear and that the prosecution's case identified O'Brien as the gunman, a fact that was not disputed by the evidence presented. The Court found no procedural error and confirmed the legality of O'Brien's arrest and trial.
In a Court of Appeal decision on 16 June 2017, Elaine Newman, aged 32, was awarded €200,000 in damages after losing an eye in a 2007 accident at the home of Marie and Patrick Cogan in Delganstown, Delvin, Co. Westmeath. Newman had sued the Cogan parents under the Occupiers Liability Act 1995, claiming they failed to take reasonable care as occupiers. The High Court had dismissed her case in 2012, ruling that the Cogan parents could not be held liable for choosing non‑shatterproof glass for the door. The Appeal Court, in a unanimous judgment by Justices Mary Finlay Geoghegan, Mary Irvine and Gerard Hogan, overturned that decision. The court held that the Cogan parents were liable because the glass installed in 2000/01 did not meet the standard of safety glass expected of a competent tradesman, and that the accident caused by Emmett Cogan's fall and the resulting glass shards led to Newman's loss of an eye.
Mr Vincent O'Donoghue's attempt to stop the sale of government shares in AIB was dismissed by the Court of Appeal. He had sued AIB Plc, the Minister for Finance, the Government, Ireland and the Attorney General, seeking a declaration that the sale was contrary to the common good, Article 6 of the Constitution and unlawful. The High Court had earlier dismissed his action as frivolous, vexatious and lacking a legal impediment. He also failed to show any reason the State must retain its shareholding. His injunction request to halt any disposal of the State's shares was also rejected. The Court of Appeal, sitting with Justices Sean Ryan, Mary Finlay Geoghegan and Gerard Hogan, unanimously upheld the High Court's decisions, ruled the matter a political controversy and non‑justiciable, struck out his proceedings and ordered him to pay the State and AIB's legal costs.
A 73‑year‑old retired priest, Tadhg O'Dalaigh, whose conviction for indecently assaulting a schoolboy in the 1970s was quashed, has been awarded legal costs for his successful appeal. The Catholic Church had funded his legal representation, a fact that the Director of Public Prosecutions' counsel argued should preclude a costs award because O'Dalaigh was not out of pocket. The Court of Appeal quashed the conviction after the trial judge failed to warn the jury about the dangers of convicting without corroboration. The three‑judge court also refused a retrial, citing the defendant's full sentence, the case's antiquity and his age. Justice Alan Mahon ruled that awarding costs was appropriate, noting that O'Dalaigh had not benefited from state‑funded legal aid and that no blame could be attributed to him for the alleged offence. The decision was made without any application to recover the costs of the original Circuit Court trial. Tadhg O'Dalaigh pleaded guilty.
The Catholic Church paid for the legal representation of retired priest Tadhg O'Dalaigh, who successfully appealed a conviction for indecently assaulting a schoolboy in the 1970s. O'Dalaigh, aged 73, had been found guilty by a jury and sentenced to five years' imprisonment, with the final two years suspended by Judge Donagh McDonagh on 18 December 2014. He had already served the full term when the Court of Appeal quashed his conviction on Monday, citing the trial judge's failure to warn the jury about the dangers of convicting without corroboration. The Court also refused the Director of Public Prosecutions' application for a retrial, deciding it would not be in the interests of justice to order one for someone who had served the sentence. Counsel for O'Dalaigh, Patrick Gageby SC, applied for legal costs for the appeal, arguing that the source of the funding was irrelevant.
Catherine Callanan, 51, of Ballinroad, Dungarvan, was convicted of two counts of deception for hiring a bouncy castle and a minibus for her son's 21st birthday through the Waterford Vocational Education Committee (VEC). The jury found her guilty in 2015 and Judge Melanie Greally imposed a wholly suspended four‑month sentence. Callanan appealed, arguing that the jury should not have considered the deception. The Court of Appeal, in a three‑judge panel, upheld the conviction. Justice Alan Mahon held that the jury was correctly left to decide whether Callanan intended to deceive the VEC by invoicing the costs to the committee and whether she had sought authorisation. The appeal was dismissed, confirming the original verdict and the suspended sentence. The case highlighted the role of the VEC and the responsibilities of its staff in authorising purchases. The Court referred to a 1837 precedent on implied deception. The decision was delivered by Justice Mahon, with Justices Birmingham and Edwards presiding. Catherine Callanan pleaded not guilty.
The Court of Appeal ruled that Shillelagh Quarries Ltd must stop all quarrying works on a 3.27‑hectare area of its 25‑hectare site near Brittas, Co. Dublin, on the north‑facing slope of Butter Mountain, a 465‑metre peak. The site lies within an area of exceptional public amenity and close to two Special Areas of Conservation. The court upheld a High Court order that required the company to cease works by the following Friday and confirmed a two‑month stay on the cessation, allowing the firm to seek to regularise its planning status and give employees notice to find alternative work. The appeal concerned only the length of the stay, not the substantive finding that the quarrying was unauthorised. The court found the company had continued commercial activity despite a 2010 refusal of planning permission, creating a discordant landscape in a protected area. The ruling was made by Justices Mary Finlay Geoghegan, Michael Peart and Gerard Hogan.
Donna Magee, 47, of Holyfields, Dungannon, was convicted of stealing €270,597 from O'Mara Geraghty McCourt Solicitors while she worked as a financial controller in 2008‑2009. She pleaded guilty at Dublin Circuit Criminal Court and was sentenced to three years' imprisonment, with the final 18 months suspended. The Court of Appeal dismissed her appeal, finding the 18‑month net custodial term "lenient" for a fraud of a quarter‑million euros. The judge noted Magee's prior convictions, including a nine‑month sentence for VAT fraud in 2014 and an earlier fraud conviction in 2002, and the partial recovery of €173,000 through civil proceedings. The appeal was heard six weeks after the sentence was imposed, and the Court of Appeal, led by Justice Alan Mahon, upheld the original sentence. The decision was made in the context of Magee's status as a mother of one and the impact on her 14‑year‑old daughter.
Christopher Cummins, 37, of Cherry Park, River Valley, Swords, was sentenced to five years' imprisonment for his fiftieth burglary conviction. The offence involved the theft of €12,000 from a health store in Liffey Valley Shopping Centre on 31 October 2015, when a safe was left unlocked and an employee was distracted. Cummins had 139 prior convictions, including 49 burglaries, and had been released from a four‑year sentence the day before the Liffey Valley robbery. He pleaded guilty and was sentenced by Judge Pat McCartan on 21 July 2016. Cummins appealed the sentence, but the Court of Appeal, with Justice George Birmingham, dismissed the appeal, stating that a harsher sentence might have been upheld and that the five‑year term was not unduly severe. The court noted Cummins' extensive criminal record and the seriousness of the theft. The appeal was rejected.
Peter Jackson, aged 42, was convicted of murdering David Hamilton, aged 31, during a heroin injection dispute on 4 May 2012. The Central Criminal Court found Jackson guilty and imposed a mandatory life sentence on 23 November 2015. Jackson, a former heroin addict, and Hamilton were both users who had bought two bags of heroin earlier that day. An argument erupted after Jackson struggled to inject Hamilton, leading to a fight that culminated in Jackson striking Hamilton with a knife. Jackson appealed his conviction, arguing a lack of evidence for the mental element of murder and that the judge failed to address rebuttable presumptions. The Court of Appeal, led by Mr Justice Birmingham, rejected the appeal, affirming the conviction and the life sentence. The appeal was dismissed. Peter Jackson pleaded not guilty.
Stephen "Rossi" Walsh, a 69‑year‑old former Belgrave Road resident, was denied an extension of time to appeal his rape and child‑defilement convictions. In February 2010 he received a 10‑year sentence for raping a nine‑year‑old girl. Judge Patrick McCartan added a consecutive three‑year term in November 2010 for indecent assault of a seven‑year‑old girl, and a further consecutive 12‑year term in December 2011 for sexual assault and defilement in 2008 and 2009. Walsh's recent motions to the Court of Appeal were rejected; he may only appeal on his original grounds.
In 2011 a worker, Barry Gargan, 28, was killed at Kilsaran Concrete's Piercetown plant when a cleaning arm fell on him inside a safety cage. The company pleaded guilty to failing to manage work safely and was fined €125,000 by Judge Michael O'Shea in 2016. The Director of Public Prosecutions argued the fine was too low, citing deliberate safety feature overrides to boost profit. The Court of Appeal, hearing the DPP's application, increased the fine to €1 million. The appeal court found the company had a pattern of incremental safety breaches over more than a year, with senior management encouraging risky practices. The court noted the company's cooperation, guilty plea and prior good safety record as mitigating factors, but deemed the original fine unduly lenient. The final penalty was €1 million, a 50 % reduction from the maximum possible fine. The company apologized to the Gargan family and acknowledged the loss of a valued employee.
Robert Jones, 27, of Glenview Park, Tallaght, was convicted in 2016 of assault causing harm to medical student Brian Murphy after striking him with a pint glass at Palace Nightclub on 20 July 2014. The original 18‑month sentence was wholly suspended. In 2017 the Court of Appeal reviewed the sentence, finding it unduly lenient, but did not impose jail time because the review was delayed and Jones had no prior convictions, was employed, married and had a child. The judge noted that the glass hit Murphy's left eye, causing permanent blindness, scarring and psychological trauma, and that Murphy had resumed medical studies. Jones admitted the assault, expressed remorse and claimed he was unaware he was holding a glass. The appeal was dismissed, leaving the suspended sentence in place. Robert Jones pleaded guilty.
The Court of Appeal has reserved judgement on the appeals of Wayne Dundon (39) and Nathan Killeen (27) against their convictions for the murder of businessman Roy Collins (35) in Limerick. The Special Criminal Court had found Dundon had ordered the killing from prison and Killeen was the getaway driver for gunman James Dillon, giving both mandatory life sentences. Dundon's counsel, Remy Farrell SC, argued the trial court failed to analyse controversies, inconsistencies in witness accounts and factual issues. Killeen's counsel, Giollaíosa Ó Lideadha, sought quashing on grounds of fairness, gunshot residue evidence, a general warrant, and the reliability of Lisa Collins' testimony. The Court of Appeal, with Justices Birmingham, Mahon and Edwards, noted the many issues raised and will reserve judgement. The case remains at the appeal stage. Wayne Dundon pleaded not guilty. Nathan Killeen pleaded not guilty.
Michael Lynch, aged 25, was found guilty of assault causing harm to his pregnant girlfriend Tara Byrd, aged 25, after pouring boiling sugar‑water over her left leg on 27 July 2015. The assault resulted in third‑degree burns, a ten‑day hospital stay and skin graft surgery, leaving severe scarring. Lynch had previously pleaded not guilty and was sentenced to two‑and‑a‑half years by Judge David Riordan on 7 June 2016. He lost an appeal against the conviction, but the Director of Public Prosecutions successfully appealed the sentence, arguing it was unduly lenient. In the Court of Appeal, Justice Alan Mahon increased the sentence to five years, suspending the final twelve months on the condition of a good‑behaviour bond. The court noted the pre‑meditated, callous nature of the assault and the added gravity of sugar in the boiling water. The decision was made by Justices Mahon, Birmingham and Edwards.
A 17‑year‑old youth was convicted of robbing Joseph Benson, a Liberian man who had spent 22 days at sea to reach Ireland, on 17 April 2015 in Tallaght. The original sentence of two years and six months, with nine months suspended pending placement at Cuan Mhuire rehabilitation centre, was increased by the Court of Appeal to seven years, with three and a half years suspended. The appeal was brought by the Director of Public Prosecutions after the teenager failed to take up the rehabilitation place. The Court of Appeal, citing the "particularly atrocious" nature of the assault, deemed a longer headline sentence necessary. The new sentence includes 18 months of post‑release supervision and a good‑behaviour bond for the suspended period. The victim, who suffered head and neck pain, had no recollection of the incident. The teenager had 15 prior convictions, including theft and violent behaviour. The unnamed man pleaded guilty.
The Court of Appeal has reserved judgement on William Jones' appeal against the High Court's refusal to grant injunctions that would have stopped Coolmore Stud's lawyers from warning book distributors and retailers that his book, "The Dark Horse: Inside Coolmore", contained defamatory material. Jones, who worked at Coolmore from 2006 to 2015 and published the book through his own company, Gold Rush Publications, argues that the High Court's decision infringes his freedom of expression and is biased. Coolmore's lawyers, Arthur Cox, had warned Amazon and other bookshops that the book included allegations of bullying and the deaths of two horses, Mountjeu and Jude, and that distributors had withdrawn the book. Coolmore also cited a 2014 agreement that both parties would not make derogatory remarks about each other and that Jones would not disclose records. The High Court found that Coolmore had made this agreement clear to Jones before publication and that any defamatory content would expose distributors to liability.
Mr Justice Garrett Sheehan retired from the Court of Appeal after a distinguished career as a solicitor and judge. He was praised by the Court of Appeal President, Mr Justice Sean Ryan, who called him an inspirational figure and noted his dedication to social justice and human rights. Ryan highlighted Sheehan's work for clients such as Dean Lyons, who was wrongfully imprisoned for nine months before being exonerated. The Attorney General, Márie Whelan SC, and the Director of Public Prosecutions, Clare Loftus, commended Sheehan's commitment to upholding constitutional rights for those he represented. Paul McGarry SC noted his interest in mental health and his role in founding the Prisoners Rights Organisation in the 1970s. Stuart Gilhooly praised him as a standard bearer for solicitors, one of the first to be appointed to Ireland's superior courts.
The Court of Appeal has extended the freezing orders that prevent Mary Walsh, a 66‑year‑old woman from County Galway, from reducing the value of her assets until her appeal against a ruling that she must pay a one‑sixth share of a €3.3 million lotto win to her stepson, David Walsh, is decided. The High Court had ordered that Walsh could not reduce her assets below €929,000, a figure that included €65,000 for potential legal costs. The appeal court, satisfied that Walsh had "arguable grounds of appeal," has placed an unconditional stay on the judgment and reduced the frozen asset threshold to €864,000. No further action will be taken on the assets, including a €425,000 mortgage on her home and a €141,000 life‑insurance claim, until the appeal is resolved. David Walsh's lawyers have registered a judgment mortgage and secured orders against Walsh's life‑insurance policies.
The Court of Appeal has reserved judgment on the appeals of John Bowe and Denis Casey, former executives of Anglo Irish Bank and Irish Life and Permanent, respectively. Both were convicted in 2016 for a €7.2 billion conspiracy to mislead investors by manipulating Anglo's apparent value between March and September 2008. Bowe, aged 52, received a two‑year sentence, while Casey, aged 56, was sentenced to two years and nine months. Their appeals were heard by a three‑judge panel, including Justice Seán Ryan, Justice George Birmingham, and Justice John Edwards, and the court has now reserved judgment. John Bowe pleaded not guilty. Denis Casey pleaded not guilty.
In a 2017 Court of Appeal decision, the conviction of 21‑year‑old Eric Harcourt was upheld. Harcourt had been found guilty in 2016 of endangerment and unlawful use of a vehicle after he accelerated a car in a cul‑de‑sac in Darndale, brushing a Garda and fleeing. He received a four‑year sentence, with the last 18 months suspended. Harcourt appealed, arguing that the trial judge had erred by refusing to adjourn the case to allow a technical witness and the Garda to cross‑examine. The Court of Appeal, led by Mr Justice Alan Mahon, held that the trial was fair, noting that the Garda's absence did not prejudice the proceedings and that the lack of DNA evidence was known to the defence. The appeal was dismissed, leaving the original conviction and sentence intact. Eric Harcourt pleaded not guilty.
The Court of Appeal dismissed the appeal of Christopher McNamara, a 24‑year‑old from Limerick, who had been convicted of murdering a 71‑year‑old retired soldier, James Boyce, in March 2011. The two‑week trial in January 2014 heard that McNamara had confessed to the killing to his mother and that the victim and the accused were friendly, with the younger man tending to the older man's property. The jury found McNamara guilty of murder after an hour‑and‑a‑half of deliberations, and he was sentenced to mandatory life imprisonment by Mr Justice Garrett Sheehan on 24 January 2014. The prosecution argued the case was a robbery that went wrong, noting that Boyce was a frugal man who kept his savings at home. The Court of Appeal focused on the trial judge's brief explanation of the distinction between murder and manslaughter, concluding that the judge's charge was adequate and the appeal was dismissed.
A man convicted in Sligo District Court of being in charge of an intoxicated vehicle has lost his appeal against the validity of his arrest. The Court of Appeal upheld the conviction on a case stated basis following a February 2011 incident in the Ballydrehid area where Garda Andrea McGovern discovered him asleep in a parked car with the engine running. When questioned, he stated he had been drinking throughout the day and pulled in to rest while returning from a christening. The defence argued the arresting garda had failed to establish intent to drive, a requirement under section 50 of the Road Traffic Act. Mr Justice John Edwards, delivering judgment, held that the driver's statement about pulling in for rest implied resumption of driving once rested. The court found the arrest lawful and valid. Justices George Birmingham and Garrett Sheehan concurred with the decision.
In 2016, Michael Finlay, 37, of Maplewood Road, Tallaght, and Dean Byrne, 25, of Drumcairn Park, Tallaght, were convicted by the Special Criminal Court of unlawful possession of a loaded 9mm semi‑automatic pistol and magazine, and of 9mm ammunition, after a surveillance operation on a Renault Kango van. The van, previously stolen, was being followed when a Garda approached with a firearm drawn. Finlay was seen holding the pistol and complied with the Garda's request to drop it. Both men wore false beards and sunglasses; Finlay wore an An Post jacket. They pleaded not guilty, no contest, and the court entered not‑guilty pleas on their behalf. They were sentenced to five years' imprisonment. The Court of Appeal upheld the sentence, noting that the men's cooperation, lack of use of the firearm, and good character justified a reduction from the original eight‑year headline. The appeal by the Director of Public Prosecutions was dismissed.
In a Court of Appeal hearing on 23 February 2017, Christopher Coleman, aged 27, received an additional nine‑month custodial sentence for the fatal collision with 62‑year‑old cyclist Eugene Maher in June 2015. Coleman, who had been banned from driving for six years and was driving without insurance at reckless speeds, was described by Maher's family as having acted recklessly and carelessly. Eugene Maher's daughter Lisa urged that the offence be treated as vehicular manslaughter, equating it with a gun or fist killing, and said the family would continue to lobby for a harsher charge. Maher's widow Marie reflected on her husband's long‑standing safe driving habits and the profound loss she feels, while Lisa expressed a desire to forgive Coleman and hope he learns from his mistakes. The court's decision added to the existing sentence, extending Coleman's imprisonment by nine months.
A man convicted of robbing a 90-year-old pensioner in Castlerea, Co Roscommon has had his prison sentence upheld by the Court of Appeal. Mark Sweeney, aged 33, of Cloonkeen, Castlerea, pleaded guilty at Roscommon Circuit Criminal Court to robbery at The Demesne on 24 August 2015. He received eight years imprisonment with the final two-and-a-half years suspended by Judge Keenan Johnson in June 2016. The Court of Appeal dismissed Sweeney's appeal against sentence today, with the three-judge court finding the sentence appropriate and proportionate. Mr Justice John Edwards outlined that the victim, then aged 90, was approached in the town park where Sweeney demanded money, then assaulted him with an umbrella after seizing it, stealing €450. The victim sustained a fractured lumbar vertebra and ongoing pain. The incident prompted an angry public demonstration in Castlerea. Sweeney admitted the offence immediately. The court noted he has mental health difficulties and a prior manslaughter conviction.
In 2015, Jason Freyne, 25, was convicted in Limerick Circuit Criminal Court of possessing a firearm and ammunition. He received an eight‑year sentence, with two‑and‑a‑half years suspended, on 6 May 2016. The Court of Appeal, following a prosecutor's appeal that the sentence was too lenient, increased his term to ten years, keeping the same suspended portion. The appeal judge, Mr Justice Alan Mahon, described Freyne's conduct: he had loaded a sawn‑off shotgun, carried it in a backpack, wore a bullet‑proof vest, and rode a bicycle around Hyde Road. He then approached a group, fired the shotgun, injuring Mr Joseph McCarthy. Freyne had earlier convictions for vehicle theft, knife possession, stolen property, criminal damage and traffic offences. The court noted his progress in prison and his claim that the feud behind the offence was over. Jason Freyne pleaded guilty.
The Court of Appeal overturned the High Court's decision to quash a deportation order against an Armenian man who feared being attacked for his association with Jehovah's Witnesses. The man arrived in Ireland in 2000 and was refused refugee status. The Minister issued a deportation order, which the man challenged. In December 2014 the High Court quashed the order, citing evidence that he would be at risk of attack if returned to Armenia and that the Minister had failed to properly consider medical evidence indicating a high suicide risk. The Minister appealed. On Friday, a three‑judge panel—Ms Justice Mary Finlay Geoghegan, Mr Justice Michael Peart and Ms Justice Mary Irvine—found in favour of the Minister. Mr Justice Peart noted that the Minister had considered all relevant information, including the man's medical reports, and concluded that the man was not a person at such risk as a Jehovah's Witness.
The Court of Appeal upheld a 73‑year‑old man's four‑year jail term for sexually assaulting his granddaughter. The man had pleaded not guilty at Cork Circuit Criminal Court to four counts of assault between July and October 2013. He was originally sentenced to seven years, with the final three years suspended, by Judge Seán O'Donnabháin on 21 April 2016. The Director of Public Prosecutions appealed, arguing the sentence was too lenient, while the man's lawyers cross‑appealed, claiming the man could die before serving the term. The Court of Appeal, hearing arguments about the man's frailty and multiple medical difficulties, found the sentence within the margin of appreciation for sentencing judges and dismissed the appeal, thereby upholding the four‑year custodial term. The man did not attend the hearing.
The Court of Appeal overturned a 2015 High Court ruling that Sergey Chesnokov, a 76‑year‑old Russian man, had been born in Dublin in September 1940 and was entitled to Irish citizenship. The High Court had accepted documentary evidence and directed that his birth be registered in Ireland, but the appeal court found that the evidence did not support his claim of an Irish birth. Justice Mary Irvine said the evidence was "not adequate to establish as a matter of probability" that he was born in Dublin on the alleged date and location. The appeal was upheld unanimously, the High Court order to register his birth was vacated, and the case was adjourned for a week to allow both parties to consider the decision. Mr Chesnokov was not present at the hearing. The decision does not affect any subsequent applications for citizenship or other matters.
An ex‑soldier, aged 42, was convicted by a military court of sexual assault and four charges of conduct contrary to good order and discipline at Aiken Barracks, Dundalk, on 30 October 2013. He was sentenced to twelve weeks' detention, with the final eight weeks suspended, and was also reprimanded, fined, demoted from Corporal to Private and discharged. The Court of Appeal held that the military judge had no authority to impose discharge or rank reduction because the soldier had already been granted a discharge before sentencing. The judge found no error in the detention order but ruled that the rank reduction was an error in principle, as it would affect his pension. The soldier was re‑sentenced to one month imprisonment suspended for six months on conditions, six months imprisonment suspended for twelve months on conditions, and fined €500. The appeal rejected the claim that the punishment was excessive.
In 2014, Lithuanian national Aurimas Andruska, aged 30, was convicted by a Central Criminal Court jury in Kerry of murdering Jolanta Lubiene, 27, and her eight‑year‑old daughter Enrika in their Langford Downs home between 15 and 17 June 2013. He received two life sentences from Mr Justice Patrick McCarthy. In January 2017, Andruska appealed to the Court of Appeal, arguing that police had not adequately informed him that providing saliva and fingerprint samples was voluntary and that the samples could be used as evidence. The appeal was dismissed on all grounds. Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Edwards, upheld the conviction, noting that the trial judge had found Andruska fully aware of his choices and that the police had acted within their remit. The inquest into the deaths could not proceed while the appeal was pending. Aurimas Andruska pleaded not guilty.
The Court of Appeal has rejected claims that prosecutors improperly handled plea negotiations during the murder trial of Darren Wynne. Wynne, aged 23 from Ballyroe, Athy, County Kildare, was convicted of murdering Jamie Lindsay at Coney Green, Athy on 6 April 2013 and received a mandatory life sentence in July 2014. Two co-accused, Quentin Monaghan and James Seery, both aged 23, pleaded guilty to manslaughter during proceedings and received eight and seven years' imprisonment respectively, with portions suspended. Wynne's appeal argued that the timing of his co-accuseds' pleas—entered after gardaí interview memos were admitted—prejudiced his defence and warranted a retrial. Mr Justice George Birmingham, sitting with two colleagues, dismissed the appeal, characterising the allegations of prosecution misconduct as an "unsupported assertion". The court found no evidence of improper conduct and upheld the conviction.
The Court of Appeal dismissed Thomas "Slab" Murphy's appeal against his conviction for tax evasion. Murphy, 67, had been found guilty by the Special Criminal Court on nine counts of failing to comply with tax laws for the period 1996/97 to 2004, and was sentenced to 18 months' imprisonment. His defence argued that he had no involvement in cattle farming and that documents in his name were forged by his brother, Patrick. The Court of Appeal, after reviewing the 94‑page judgment, concluded that the Special Criminal Court had correctly established Murphy as a chargeable person and that the evidence of a herd number, bank account, and cattle sales supported the prosecution's case. The appeal was dismissed on all grounds, and the matter was scheduled for further consideration regarding a possible appeal against the sentence. The unnamed 67-year-old pleaded not guilty.
In a court‑martial at McKee Barracks, Air Corps Commandant Nile Donohoe (52) was found not guilty of a third charge of acting to prejudice good order and discipline during an altercation at Casement Aerodrome on 10 August 2007. He had originally faced five charges, but one was dismissed after legal argument and he was acquitted of making a false allegation against a fellow officer. Donohoe's lawyers now seek to introduce new evidence in an appeal, arguing that the board of Defence Force members who heard his case was improperly constituted because members were not aware of their chain of command. The appeal court has reserved judgment, while counsel for the Director of Military Prosecutions dismissed the new evidence as absurd. The case remains pending.
A former solicitor from Castlebar, County Mayo, has had her prison sentence reduced from twelve to six months following a successful appeal. Jacqueline Durcan, aged 47, had pleaded guilty to stealing €260,000 from clients between February 2008 and January 2011 while operating Durcan Solicitors as a sole practitioner. She was sentenced to twelve months imprisonment in December 2016. The Court of Appeal found the original sentence could have been appropriately reduced for a person of previously good character. The court noted substantial mitigating factors including Durcan's full cooperation, early guilty plea, complete reimbursement through the Solicitors Compensation Fund, and her status as mother of five young children aged between seven and thirteen. The judges acknowledged the particular hardship of her serving her sentence away from her family, who had relocated to Brussels. Durcan has been struck off the solicitors' register.
Patrick Davis Snr, 52, was convicted of assault causing harm to Brian Dunphy and Garda Kieran Byrne during an incident on Thomas Street, Dublin, in February 2014. He pleaded guilty at the Dublin Circuit Criminal Court and was sentenced to three years' imprisonment by Judge Martin Nolan on 18 July 2016. Davis Snr's appeal against the severity of the sentence was dismissed by the Court of Appeal, which held that the sentence fell within the range available. The Court of Appeal noted that Davis Snr was not involved in the initial altercation but joined the confrontation after the Dunphy family had left a chip shop, and that he was highly intoxicated when he assaulted the garda, who suffered a fractured eye socket. Davis Snr had 14 prior convictions, including one for assaulting a garda, and had paid €600 in compensation to the court. The appeal was dismissed by a three‑judge panel.
The Court of Appeal found an error in a wholly suspended three‑year sentence imposed on 19‑year‑old Eric Ryan for dangerous driving that caused serious bodily harm to 32‑year‑old Eve Neylon. Ryan had pleaded guilty to dangerous driving and leaving the scene. The sentence, given by Judge Patricia Ryan, was wholly suspended and required community service for leaving the scene. The Director of Public Prosecutions sought a review, arguing the sentence was unduly lenient, citing Ryan's provisional licence, lack of a supervising driver, and his father's influence. The Court of Appeal, led by Mr Justice George Birmingham, held that the case was of such seriousness that the sentence had to be varied. The court ordered Ryan to pay a weekly contribution to the National Rehabilitation Centre for 12 months and to provide firm proposals for community service, with the matter to be reconvened on 6 February.
During a Court of Appeal hearing on 21 December 2016, Gerard Brown, aged 34, was found guilty of assaulting fellow inmate Stephen Cooper, an ex‑garda, on 20 May 2014 at Midlands Prison. Brown had been sentenced to three years' imprisonment, consecutive to a term already served, after a jury at Portlaoise Circuit Criminal Court convicted him of assault causing harm. Brown claimed that Cooper had requested the assault to facilitate his early release on safety grounds, alleging that Cooper had instructed him to "not hold back" and to "just make sure there is blood", and that Cooper had offered documentation, information and €1,000 in return. Cooper denied any consent and insisted there was no agreement.
A man convicted of murder in connection with a fatal shooting in County Donegal has had his conviction upheld by the Court of Appeal. Martin Kelly, aged 42, from Strabane, County Tyrone, was found guilty of the murder of Andrew Burns at Donnyloop, Castlefin on 12 February 2008. The non-jury Special Criminal Court imposed a mandatory life sentence in January 2012. Mr Burns was shot twice in the back in a church car park by a gunman associated with a dissident republican organisation. Kelly's legal team argued he had agreed only to facilitate a punishment shooting, unaware the incident was planned as a deliberate execution. Mr Justice George Birmingham rejected this argument, finding Kelly guilty of murder based on his intention to cause serious harm, even without proof of intent to kill. The court noted that Irish law has long established that intention to cause serious injury resulting in death constitutes murder. The judgment acknowledged the appeal raised novel legal questions of clear importance. An application to the Supreme Court is being considered. Martin Kelly pleaded not guilty.
The Court of Appeal heard an appeal by Darren Wynne, who was found guilty by a jury of murdering Jamie Lindsay at Coney Green, Athy, on April 6, 2013, and sentenced to life imprisonment by Mr Justice Garrett Sheehan in July 2014. Wynne's counsel, Damien Colgan SC, alleged that the Director of Public Prosecutions ambushed his client by allowing co-accused Quentin Monaghan and James Seery to plead guilty to manslaughter only after key evidence was admitted. Colgan argued this timing prejudiced Wynne's provocation defence and requested the conviction be quashed for a retrial. Monaghan was sentenced to eight years' imprisonment with two suspended, while Seery received seven years with three suspended. Counsel for the DPP, Alex Owens SC, rejected these claims as wild allegations, stating there was no evidence of misconduct and that the evidence against Wynne was overwhelming. The court, comprising Mr Justice John Edwards, Mr Justice George Birmingham, and Mr Justice Patrick McCarthy, reserved its judgment. The matter was adjourned pending the decision.
Zhen Dong Zhao, an internet café manager, was sentenced to six years in prison for the manslaughter of Noel Fegan. The matter reached this stage following an appeal where Zhao's original murder conviction and life sentence, imposed in December 2012, were overturned by the Court of Appeal earlier this year, resulting in a retrial order. At the Central Criminal Court last month, the State accepted Zhao's plea of not guilty to murder but guilty to manslaughter. The court heard that Zhao kicked Fegan to death outside a shop on Lower Wellington Quay in Dublin in May 2011 during a dispute over a 70-cent phone call. An autopsy attributed Fegan's death to a subarachnoid haemorrhage caused by blunt-force trauma to the head and neck. Justice Patrick McCarthy stated the appropriate sentence was nine years but reduced it by three years due to mitigating factors, including Zhao's remorse, early plea, and low risk of reoffending. Zhao received credit for two years and eight months already spent in custody. The victim's family criticised the sentence, with his niece expressing disappointment that the term was shorter than expected, noting the profound impact on Fegan's two children.
A 39‑year‑old man from Cork, whose name is withheld for legal reasons, was convicted by a Central Criminal Court jury of 23 counts of sexually abusing his younger sister between 1991 and 1997, when he was aged 14 to 20. He had been tried on a 43‑count indictment but was acquitted of the remaining charges. Mr Justice Paul Carney sentenced him to five years' imprisonment, with the final year suspended, on 29 October 2014. The man appealed against the severity of the sentence, but the Court of Appeal dismissed the appeal, finding no error in principle. Mr Justice John Edwards noted that the victim was four years younger than the offender and that the offender had literacy and numeracy difficulties at school, leaving without educational achievements. He had expressed remorse at sentencing, and the judge gave a 20% discount when suspending the final year.
In a 2016 case, a witness in a murder trial involving a UK citizen who killed an Irish citizen was sought by UK authorities for her medical records. The witness, whose identity is protected, had previously testified in a UK trial that was aborted and was set to testify again in a retrial. UK defence lawyers argued her evidence might not be fully reliable, prompting a request for her medical records. The Irish Minister for Justice received a letter for mutual assistance and nominated a District Court judge to order the records. Three witnesses, including a nun, the witness's GP, and an HSE patient services officer, were summoned to provide the records. The witness challenged the orders. The Court of Appeal, led by Mr Justice John Edwards, found the District Court judge acted beyond his powers, noting insufficient consideration of the witness's constitutional right to privacy and lack of evidence of countervailing interests.
John Prior, 68, a retired guesthouse owner from Ballsbridge, had his conviction for molesting his niece in 1985 upheld by the Court of Appeal. The niece, aged 10 at the time, was visiting from America and stayed with Prior in a B&B in Dublin 4. In the original trial, a jury found him guilty on two of five counts of indecent assault; the remaining three counts were not agreed upon. He was sentenced to 18 months imprisonment. Prior appealed on grounds including delay and the absence of a corroboration warning to the jury. The Court of Appeal, led by Mr Justice George Birmingham, dismissed all appeal grounds, affirmed the conviction, and noted that the trial judge's discretion in not issuing a corroboration warning was lawful. Prior is scheduled to appeal his sentence the following day. John Prior pleaded not guilty.
The Court of Appeal has reserved judgment in an appeal concerning a request to transmit the medical records of an unnamed witness to UK authorities. The witness, who cannot be identified by court order, is involved in the retrial of a UK citizen accused of murdering an Irish citizen whose body has never been recovered. She previously testified in a UK trial that was aborted for unrelated reasons. The accused's defence lawyers have suggested her evidence may not be entirely reliable, prompting their interest in obtaining her medical records to assist the Crown Prosecution Service in its disclosure process. On May 13, a mutual assistance letter was received by the Minister for Justice, leading to the nomination of a District Court judge to take evidence. Three witnesses, including a nun, the woman's GP, and an HSE patient services officer, were summoned to appear with the relevant medical records. The woman's lawyers subsequently sought leave to apply for judicial review of the District Court judge's orders, which Mr Justice Richard Humphrey refused on November 18. In the Court of Appeal, her barrister, Tara Burns SC, argued that the Director of Public Prosecutions in Ireland could not receive the medical records of a witness in this jurisdiction, questioning how the DPP in England could. The three-judge panel reserved its judgment on the matter.
An ex‑priest aged 60, who had sexually abused his niece between 1979 and 1985 when she was six to thirteen, pleaded guilty to 12 counts. Judge Pat McCartan imposed wholly suspended 18‑month sentences on 1 March 2016. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal, with Mr Justice Alan Mahon, upheld the judge's discretion. Mr Justice Mahon noted the offender had informed his bishop, cooperated with Church authorities, sought laicisation in 1994, left the priesthood in 1995, moved to London, married, and engaged in counselling. He had also avoided contact with his niece and lived in the UK. The Court found an error in the maximum sentence for counts after 5 June 1981, quashed those sentences, and re‑sentenced him to four years imprisonment, wholly suspended. He entered a good‑behaviour bond for the suspended period. The victim, now an adult, has largely turned her life around.