Court archive

Special Criminal Court

2022-09-28 · Dublin

Former SF councillor and father plead guilty to roles in Regency murder

At the non-jury court, former Sinn Fein councillor Jonathan Dowdall (44) and his father, Patrick (65), both pleaded guilty to facilitating the murder of David Byrne at the Regency Hotel in 2016. They admitted to charges including facilitating the murder of Mr Byrne by making a room available at the hotel on February 4, 2016, and participating in or contributing to activity intending to facilitate the commission of a serious offence by a criminal organisation. Both are on bail. Patrick Hutch (58) of The Paddocks, Clontarf, Dublin 3, is charged with the murder of Mr Byrne and supplying logistical support to a six-man team suspected of carrying out the murder on February 15, 2016. He pleaded not guilty. Co-accused Paul Murphy (59) of Cabra Road is charged with supplying logistical support to the team and providing access to motor vehicles on February 5, 2016. Jason Bonney (50) of Drumnigh Wood, Portmarnock, Dublin 13, is charged with providing access to motor vehicles on the same date. The matter is at the trial stage, with no sentences or findings yet determined.

2022-07-29 · Louth

Garda killer Brady gets trial date over leaked witness video

Aaron Brady, aged 31, and Dean Byrne, aged 29, are set to stand trial at the Special Criminal Court on charges of conspiring to pervert the course of justice. They are accused of attempting to persuade State witness Daniel Cahill not to testify during Brady's 2020 murder trial for the killing of Garda Adrian Donohoe. Brady's trial, which ran from January to August 2020, saw Cahill testify that he heard Brady admit to shooting a Garda. Brady is also charged with recording a video of a witness interview and distributing it on social media, an act described by Judge Michael White as "the most outrageous contempt of court." A phone recovered from Byrne's cell yielded WhatsApp exchanges offering intimidation to Cahill. The court set a trial date for October 2, 2023, with a mention scheduled for November 7, 2023.

2022-07-29 · Dublin

'Trusted enabler' of Kinahan cartel jailed for over 8 years

Martin Aylmer, described as a 'trusted enabler' of the Kinahan Cartel, has been sentenced to 10 years and four months with the final two years suspended after pleading guilty to participating in or contributing to the murder of Noel 'Duck Egg' Kirwan in 2016. Aylmer also pleaded guilty to a similar offence in relation to the attempted murder of James 'Mago' Gately. Both men were targeted because the Kinahan cartel believed they were associated with people involved in the murder of David Byrne in February 2016. Aylmer was found guilty of importing tracking devices from the UK by ferry to be used in both crimes. He also pleaded guilty to participating in the plan to murder James 'Mago' Gately between September 7, 2016 and April 6, 2017. Mr Justice Tony Hunt sentenced Aylmer to five years' imprisonment for his involvement in the murder of Noel Kirwan and a consecutive sentence of five years and four months for his part in the attempted murder of James Gately. The final two years of the sentence were suspended for four years to allow for rehabilitation. The case is currently at the appeal stage.

2022-07-29 · Dublin

Monk's Supreme Court bid to prevent non-jury trial for Regency murder fails

In a unanimous Supreme Court ruling, the appeal by Gerry 'The Monk' Hutch and former Sinn Féin councillor Jonathan Dowdall to stop their trial for the Regency Hotel murder from proceeding before the Special Criminal Court (SCC) was dismissed. The Court, led by Chief Justice Donal O'Donnell, upheld the High Court's decision that the SCC remains lawfully in operation under the 1939 Offences Against the State Act and the 1972 Proclamation. The judges rejected arguments that the SCC had become an unlawful permanent court or that its existence required continuous review by the Dáil. They also found that the Irish Human Rights and Equality Commission could not act as amicus curiae in this case. The Court will later order costs. The trial of Hutch (58) and Dowdall (44) for the murder of David Byrne (33) on 5 February 2016 will therefore proceed before the SCC.

2022-07-22 · Sligo

Man accused of directing crime gang to be tried at non-jury court

A 37-year-old man charged with directing a criminal organisation will face trial before the non-jury Special Criminal Court following a successful application by the State. The accused was first charged at Sligo District Court in January 2022 and appeared before Mr Justice Tony Hunt this week, where the order for non-jury trial was granted. He is remanded in custody at Castlerea Prison pending a further court appearance next Friday. The man is charged with directing the activities of a criminal organisation between October 2019 and January 2022. He also faces two counts of money laundering relating to an alleged €27,100 in proceeds of criminal conduct at his home in County Sligo in June 2020.

2022-07-22 · Louth

Lisa Smith jailed for 15 months for IS membership

Lisa Smith, a former Irish soldier from Dundalk, Co Louth, has been jailed for 15 months by the Special Criminal Court following her conviction for membership of an unlawful terrorist group, Islamic State, between October 28th, 2015, and December 1st, 2019. Smith, who pleaded not guilty, was found guilty by a three-judge, non-jury court. Mr Justice Tony Hunt set the headline sentence at two years and six months but reduced it by 50 per cent to 15 months, citing mitigating factors including her previous good character, military service, and low risk of re-offending. He noted that while she was persistent in joining Isis, there was no evidence she did more than ally herself with the group. The sentence was backdated by one month to account for time in custody. Mr Justice Hunt refused to suspend any portion of the sentence and denied Smith's application for bail pending an appeal, stating there was no basis for such a release. The matter is now in the hands of the Court of Appeal. Smith is the first person convicted in an Irish court of an Islamic terrorist offence committed abroad.

2022-07-22 · Dublin

The path of hate: how an Irish soldier joined Islamic State

Lisa Smith, an Irish former soldier, was arrested after returning from Syria where she had lived with a Tunisian husband and later a Turkish man. She claimed she joined the Islamic State (IS) out of religious obligation, citing fear of hellfire and a belief that hijrah was mandatory for Muslims. Witnesses described her conversion to Islam in 2010, her relationship with an American convert who encouraged her to travel, and her subsequent travel to Istanbul and then to Syria in 2015. In Syria she lived in a "madaffa" for women, married a Turkish IS fighter, and later moved to Raqqa where she was subjected to domestic violence. She sent €800 to the fighter in 2015, which the prosecution argued was financing terrorism. The Special Criminal Court found her guilty of membership of IS but not of funding terrorism, noting the €800 could have been humanitarian. The court rejected her claim that her religious motives exempted her from criminal liability.

2022-07-18 · Dublin

State has triple attempted murder trial moved to non-jury court

The Special Criminal Court, a non‑jury tribunal, has been ordered to hear the trial of Michael Carroll, a 43‑year‑old Dublin man. He faces three attempted murder charges: two against Edward Staunton, who was injured in a hit‑and‑run on 26 March 2017 and later shot, and one against the late John Hutch, who was shot at his Drumalee Avenue home on 2 September 2016. Carroll was in custody and was not present at the ex‑parte hearing where the order was granted by Mr Justice Michael MacGrath. The trial will be scheduled for a later date.

2022-07-15 · Dublin

Kinahan Cartel took barman's life but not his legacy, murder sentencing told

Christopher Slator, 37, of Cabra, Dublin 7, was sentenced to life imprisonment by the Special Criminal Court for the murder of Michael Barr at the Sunset House pub in Dublin 1 on April 25, 2016. Slator, who pleaded not guilty, became the third man convicted of the killing. The court rejected his defence that his DNA on a mask and runners was innocent, finding it the only rational explanation for his involvement. Slator has 59 previous convictions. In November 2020, David Hunter, 43, of London, was jailed for life for the same murder. Eamon Cumberton, of Dublin 7, was also jailed for life in 2019. Martin Aylmer, 36, of Marino, Dublin 3, pleaded guilty to buying mobile phones for the gang and was sentenced to just under four years. This sentence was later increased to six years by the Court of Appeal. The court described the murder as a planned operation involving at least three people. Barr was shot seven times, five in the head, during a raffle event. The court noted Slator and Cumberton fled to Dubai the day after the shooting before returning to Ireland a month later.

2022-07-15 · Dublin

Special Criminal Court won't hear Monk's bid to dismiss Regency murder charge

The Special Criminal Court has ruled that Gerard 'The Monk' Hutch's application to dismiss the murder charge against him under Section 4E of the Criminal Procedure Act of 1967 cannot be heard in the non-jury court. The court determined that Section 4E is only applicable when an accused is sent forward for trial from the District Court, and as Mr Hutch was charged directly before the Special Criminal Court, the application is not available to him. The ruling followed submissions from defence counsel Brendan Grehan SC, who argued that the literal interpretation of the section would result in unequal treatment for Mr Hutch compared to those charged in the District Court. The court rejected the argument that the section should be interpreted in a purposive manner, stating that the literal meaning reflects the intention of the Oireachtas. The matter was adjourned until October 3, with all parties agreeing that there was nothing else to attend to before the trial date. Jonathan Dowdall, Patrick Dowdall, Paul Murphy, and Jason Bonney are also charged in relation to the murder of David Byrne, but their cases remain at the appeal stage with no finalisation yet.

2022-07-15 · Dublin

DNA evidence enough to prove man guilty of Sunset House murder

The Special Criminal Court has convicted Christopher Slator of the murder of Michael Barr at the Sunset House pub in Dublin 1 on April 25, 2016. Slator, of Cabra, Dublin 7, had pleaded not guilty, but the non-jury court rejected his defence that his DNA on a mask and runners found in a car had an innocent explanation. The court found the DNA evidence sufficient to prove his guilt, noting that his flight to Dubai with Eamon Cumberton the day after the shooting was highly suspicious. Slator will be sentenced to the mandatory term of life imprisonment later today. This conviction follows previous life sentences imposed on David Hunter in 2020 and Eamon Cumberton in 2019 for the same murder. Additionally, Martin Aylmer pleaded guilty to buying mobile phones for the gang involved in the killing; he was initially sentenced to just under four years, a term later increased to six years by the Court of Appeal. The court highlighted the chaotic nature of the shooting, where Barr was shot seven times, and the unusual circumstances of the defendants' travel arrangements as supporting evidence for the conviction.

2022-07-11 · Louth

Lawyers ask court not to jail Lisa Smith for Isis membership

Lawyers for Lisa Smith, a 40‑year‑old former soldier from Dundalk, have asked the Special Criminal Court to consider her young child and the harsh conditions she endured in Syrian camps before sentencing her for membership of the Islamic State. Michael O'Higgins SC cited four psychological reports describing her as "damaged" and "vulnerable," and a study by Dr Anne Speckhard that found she was not likely to reoffend and had sincerely denounced Isis. He noted that Smith had already spent about four years in custody, including time in Al‑Hawl and Ain Issa camps and under a 13‑hour daily curfew since 2019. O'Higgins urged a fully suspended sentence, arguing that the maximum eight‑year term for terrorist membership would be disproportionate given her circumstances. The court adjourned sentencing to 22 July, allowing Smith to remain on bail but warning against false comfort. The case remains a novel one for the court. Lisa Smith pleaded not guilty.

2022-07-08 · Dublin

'Discrimination' claim if Monk barred from bid to dismiss Regency Hotel murder charge

Lawyers for Gerard 'The Monk' Hutch, accused of the murder of David Byrne at the Regency Hotel, have argued that their client would face discrimination if prevented from applying to the Special Criminal Court to dismiss the charge against him under Section 4E of the Criminal Procedure Act of 1967. Defence counsel Brendan Grehan SC stated that it would be an 'absurd interpretation' of the law to deny Mr Hutch the right to apply for dismissal simply because he was charged directly in the Special Criminal Court rather than the District Court. The matter was adjourned for a ruling on July 15. Mr Hutch, who is in custody, was present in court and was joined by his four co-accused, including Jonathan Dowdall, Patrick Dowdall, Paul Murphy, and Jason Bonney, who were also present. All five accused are due to stand trial at the Special Criminal Court on October 3. The trial is expected to last 12 weeks. The case involves the murder of David Byrne, who was shot dead at the hotel in February 2016. Mr Hutch was extradited from Spain after his final appeal against extradition was rejected by a Spanish Appeals Court. The Supreme Court has reserved its decision on appeals by Mr Hutch and Jonathan Dowdall against the DPP's decision to try them before the non-jury Special Criminal Court.

2022-07-05 · Dublin

Covid causing disruption to criminal cases

The recent rise in Covid‑19 infections has caused a series of adjournments in criminal proceedings at the Criminal Courts of Justice in Dublin over the past fortnight. Three courts have been unable to sit because parties involved in cases have had to isolate. A murder trial at the Special Criminal Court has been delayed since last week after a judge had to isolate following a "falling foul" of the virus. On Monday, a violent domestic assault sentence hearing at the Dublin Circuit Criminal Court could not proceed because the judge was absent; the same judge is also hearing a trial of three men accused of indecent assault. A sentence hearing for a convicted rapist in a 2011 random street attack could not take place as some parties are isolating. Another sentence hearing at the Central Criminal Court will not go ahead later this week because the judge is also isolating.

2022-07-05 · Dublin

Firearms, criminal organisation case moved to Special Criminal Court

Ryan Kelly, 32, and Anthony Walker, 52, are accused of possessing a .38 Special Smith & Wesson revolver and five rounds of .38 Special ammunition each, with the incidents occurring on 11 November 2021 and 23 November 2021 respectively. Both are also charged with knowledge of a criminal organisation and participation or contribution that could facilitate a serious offence, violating Section 72 of the Criminal Justice Act. The State's ex‑parte application succeeded, and the trials will be heard before the non‑jury Special Criminal Court, with the matter adjourned to 11 July.

2022-06-30 · Louth

'Architect' behind violent robbery and extortion of businessman withdrew from plan, appeal told

William Twomey appealed his conviction at the Court of Appeal, arguing he effectively withdrew from a joint enterprise to rob and extort businessman Edward McAndrew in Co Louth in 2017. Twomey, 58, was found guilty at the Special Criminal Court of robbery, assault, and demanding money with menaces, though acquitted of false imprisonment. His counsel, Dominic McGinn SC, contended that Twomey communicated his withdrawal to co-accused Anthony Finglas, gardaí, and the PSNI, negating his mens rea at the time of the attack. The prosecution, represented by Anne Marie Lawlor SC, countered that Twomey was the "architect" of the plan and failed to demonstrate effective withdrawal, noting the fruits of the crime were made available to him. The court heard that Finglas, 51, pleaded guilty to demanding money with menaces and was sentenced to four years and nine months in December 2020. The appeal judges questioned whether vague warnings to police constituted valid withdrawal. Presiding Judge George Birmingham stated the Special Criminal Court properly determined the facts and law. The Court of Appeal reserved its judgment, meaning the matter was adjourned pending a decision.

2022-06-30 · Dublin

Convicted sex offender fails in appeal over having gun in suspicious circumstances

Edward McDonnell, a convicted sex offender aged 57, was sentenced to nine years' imprisonment by the Special Criminal Court for unlawful possession of a Grand Power G9 semi‑automatic pistol. The pistol was found in a car driven by Stephen Little, 48, who was also charged with possession of the weapon in suspicious circumstances. Little was sentenced to six years. McDonnell's appeal to the Court of Appeal was dismissed. The appeal argued that the disparity between McDonnell's nine‑year sentence and Little's six‑year sentence was an error, citing differences in plea timing, previous convictions and alleged involvement in a revenge plot for the murder of Sean Little, 22, who was shot dead in May 2019. The Court of Appeal, with Mr Justice McCarthy presiding, found no basis for the disparity and upheld the nine‑year sentence. Stephen Little pleaded guilty.

2022-06-24 · Armagh

Lordship Robbery accused denied bail

Brendan Treanor, 34, was refused bail by the Special Criminal Court regarding charges of participating in the January 25, 2013, robbery at Lordship Credit Union in Bellurgan, Co Louth, during which Detective Garda Adrian Donohoe was shot dead. Mr Justice Michael MacGrath, delivering the ruling of the three-judge court, stated there was a real risk of witness interference and upheld a Section 2 Bail Act objection based on fears of further serious offences. Treanor's lawyers had argued that continued custody offended his dignity by separating him from his newborn son, noting his trial was adjourned from October to January next year to allow the DPP to try him alongside James Flynn. Flynn, 31, is currently awaiting an appeal against his extradition from the UK to face the same robbery charge. The report also details the finalised sentencing of Aaron Brady, 30, who was found guilty of the murder of Det Gda Donohoe by an 11-to-1 majority jury verdict at the Central Criminal Court on August 11, 2020. Brady was sentenced to the mandatory life imprisonment term, with a minimum of 40 years to be served due to the victim being a garda acting in the course of duty. He also received a concurrent 14-year sentence for the robbery of €7,000 at the credit union.

2022-06-21 · Dublin

Murder trial hears from first responders

In a Special Criminal Court hearing on 21 June 2022, the murder trial of AB (33) and Bernard Fogarty (34) was presented. The defendants deny murdering Barry Wolverson at Madigan's Yard on 17 January 2020. They were initially charged with attempted murder, upgraded to murder after Wolverson's death on 21 February 2021. The court heard from former paramedic Michelle O'Toole, who arrived in a rapid response vehicle and found Wolverson unresponsive with eight gunshot wounds to chest and shoulder and one to the temple. She administered adrenaline via the leg, restoring a normal heart rhythm, and transported him to Beaumont Hospital where he survived in a vegetative state for months. Another paramedic, Paul Hand, treated a second wounded man, noting a lower‑back shot with no exit wounds. Both defendants plead not guilty to murder, firearm possession, ammunition possession and assault.

2022-06-20 · Dublin

Men go on trial for murder of man left comatose for a year

The Special Criminal Court has opened a trial for two Dublin men, a 33‑year‑old referred to as 'AB' and Bernard Fogarty, 34, charged with the murder of Barry Wolverson. The alleged killing took place on 17 January 2020 at Madigan's Yard, Swords, where Wolverson was shot several times and later died on 21 February 2021 after a year in a comatose state. The men were arrested minutes after the incident and were initially charged with attempted murder, a charge upgraded to murder following Wolverson's death. They pleaded not guilty to murder, firearm possession and assault. The prosecution, represented by Paul Greene SC, presented a circumstantial case, citing evidence such as a burned Citroën C4, petrol residue on the accused, and recovered Zip fire logs. The trial, presided over by Judges Michael MacGrath, Cormac Dunne and Gerard Griffin, is expected to last six weeks.

2022-06-20 · Dublin

'Monk' to seek pre-trial hearing along with application to dismiss Regency murder charge

The Special Criminal Court has listed a Section 4E application for July 8 regarding Gerard 'The Monk' Hutch, who is accused of the murder of David Byrne at the Regency Hotel in 2016. Defence counsel Brendan Grehan SC stated that Mr Hutch is seeking a pre-trial hearing and an application to dismiss the charge due to insufficient evidence. The court must first determine its jurisdiction under Section 4E of the Criminal Procedure Act 1967. Additionally, a preliminary trial hearing application under Section 6 of the Criminal Procedure Act 2021 is being pursued, with Jonathan Dowdall's counsel joining this application. Jonathan Dowdall is also accused of the murder of Mr Byrne. His father, Patrick Dowdall, is accused of facilitating the murder by making a hotel room available to a criminal organisation. Paul Murphy and Jason Bonney are both accused of facilitating the commission of a serious offence by providing access to motor vehicles to the organisation. All five accused are due to stand trial on October 3, with the trial expected to last 12 weeks. The matter was adjourned to allow for these preliminary applications, and the court will rule on the jurisdiction issue shortly after the July 8 hearing. Information regarding the applications is subject to publication restrictions.

2022-06-15 · Dublin

Hutch's bid to dismiss Regency Hotel murder charge to be heard next week

Gerard 'The Monk' Hutch, 58, accused of murdering Kinahan gang member David Byrne at the Regency Hotel in 2016, has a bid to dismiss the charge adjourned to next week by the Special Criminal Court. Defence counsel Brendan Grehan SC told the three‑judge court that the application could proceed, but one judge was unavailable, so the hearing was postponed to Monday. The court must first decide whether it has jurisdiction under Section 4E of the Criminal Procedure Act 1967, which allows dismissal where evidence is insufficient. Hutch, who is in custody, was present for the brief hearing. Jonathan Dowdall (43) and Patrick Dowdall (64) are also charged with the Regency Hotel murder and are due to stand trial on 3 October. The trial, if it goes ahead, is expected to last 12 weeks. The matter was adjourned until 10.30 am Monday.

2022-06-02 · Dublin

DNA doesn't prove accused's involvement in Sunset House murder, defence say

In a Special Criminal Court hearing on 2 June 2022, Michael Bowman SC argued that DNA evidence presented by the State does not prove that Christopher Slator was one of the three men involved in the murder of Michael Barr at the Sunset House pub. Bowman highlighted that Slator's DNA was found on a mask and a pair of runners in the getaway car, but also on other masks belonging to unknown individuals. He cited the forensic scientist's admission that secondary transfer could explain the DNA presence and that the DNA does not prove Slator wore the mask. Bowman also questioned the prosecution's inference that Slator's DNA indicated his presence in the car at the time of the shooting, noting that witnesses described a taller man than Slator's height. He further challenged the prosecution's reliance on a same‑day Bangkok flight booking as evidence of guilt, arguing it was an unusual but not incriminating travel pattern. Christopher Slator pleaded not guilty.

2022-06-02 · Louth

Lordship Credit Union robbery accused to make new bail application

Brendan Treanor, 33, who is charged with participating in the January 25, 2013, robbery of the Lordship Credit Union in Co Louth, will apply for bail for a third time after the Special Criminal Court adjourned his trial. Prosecution counsel Lorcan Staines SC stated the State intends to try Treanor alongside James Flynn, 31, who is currently awaiting an appeal against his extradition from the UK. Staines indicated the extradition process is expected to conclude by the end of July, after which legal preparation for a trial estimated to last six months would be required. Defense counsel Sean Guerin SC argued that Treanor, who is currently in custody, has a right to a speedy trial and requested his case proceed separately without delay. Mr Justice Hunt acknowledged Treanor's rights but noted the undesirable nature of running two lengthy trials separately and the associated costs. Consequently, the court set a new trial date for January 11. Guerin confirmed Treanor will seek a new bail hearing in light of this decision, which is scheduled for June 16 before the Special Criminal Court. The robbery resulted in the death of Detective Garda Adrian Donohoe, who was shot dead during a cash escort ambush by a five-man gang that fled with €7,000.

2022-06-01 · Dublin

DNA evidence enough to convict Sunset House murder accused, prosecution say

In a Special Criminal Court hearing, Dominic McGinn SC argued that DNA found on a mask and a runner inside a getaway car was sufficient to convict Christopher Slator of murdering Michael Barr at the Sunset House pub in 2016. McGinn noted that the DNA matched Slator's profile and that the same items were linked to the car used by the three gunmen who fled the scene. He also cited evidence that Slator and an accomplice booked a flight to Bangkok the day after the shooting, with no luggage, suggesting a planned escape. McGinn emphasized that no reasonable explanation for the DNA evidence existed, and that the injuries sustained by Barr proved the act was murder. Defence counsel Michael Bowman SC was scheduled to present his closing remarks the following day. The case remains at the non‑jury trial stage. Christopher Slator pleaded not guilty.

2022-05-30 · Louth

Former Irish soldier Lisa Smith guilty of Islamic State membership

Former Irish soldier Lisa Smith, aged 39, was found guilty of membership in the Islamic State by the Special Criminal Court. The judge, Mr Justice Tony Hunt, rejected Smith's claim that she joined the group out of religious obligation or to live under Sharia law, stating that religion is irrelevant to criminal membership. Smith was not found guilty of the second charge of funding terrorism, as the court accepted that the €800 she sent in May 2015 could have been for humanitarian reasons. The court held that Smith travelled to Syria with full knowledge of Isis's violent activities and pledged allegiance to Abu Bakr al‑Baghdadi. Smith was granted bail until her sentencing hearing on 11 July, with the judge noting her compliance with bail conditions over the past two years. The verdict was delivered after a 90‑minute hearing. Lisa Smith pleaded not guilty. Islamic State pleaded not guilty.

2022-05-30 · Louth

Lisa Smith not guilty of financing terrorism

Former Irish soldier Lisa Smith, aged 39, was found not guilty by the Special Criminal Court of financing terrorism. The court, a three‑judge panel, delivered its judgment on the charge that she sent €800 via Western Union to a named man on 6 May 2015, an act alleged to have supported the Islamic State. Judge Tony Hunt noted it was reasonably possible that Ms Smith intended the money for humanitarian purposes rather than for the benefit of a terrorist organisation. Ms Smith had pleaded not guilty to membership of the Islamic State, a charge relating to her presence in Syria between 28 October 2015 and 1 December 2019. She denied joining the organisation, claiming she travelled to Syria out of a religious obligation to live within the Islamic State announced by Abu Bakr al‑Baghdadi in 2014. The court is still delivering its verdict on the membership charge.

2022-05-27 · Dublin

Kinahan Cartel helper made 'schoolboy error' of using own name, judge notes

Martin Aylmer pleaded guilty in the Special Criminal Court to participating in or contributing to the murder of Noel "Duck Egg" Kirwan in 2016 and the attempted murder of James 'Mago' Gately. The court heard that Aylmer imported electronic tracking devices used by a criminal organisation to monitor the victims, who were targeted due to perceived links to the 2016 murder of David Byrne. Aylmer, described by the judge as occupying the lowest level of the gang's cellular structure, admitted to travelling to Leeds in the UK under his own name to purchase the devices. The judge noted that Aylmer made a "schoolboy error" by using his own identity and vehicle, which allowed Gardaí to trace the devices to him. Although Aylmer had previously been sentenced to six years for buying mobile phones for the gang involved in the 2016 murder of Michael Barr, this current appeal-stage hearing focused on his new convictions. The defence argued that Aylmer's involvement was limited to importing the devices and that he has potential for rehabilitation. The judge acknowledged Aylmer's lack of criminal sophistication but stated he would pass sentence on July 29. Consequently, the matter was adjourned and not concluded at this stage.

2022-05-23 · Louth

Garda murderer Brady to stand trial at non-jury court on perversion of justice charge

Aaron Brady, a former Garda convicted of murdering Detective Garda Adrian Donohoe in 2013, and Dean Byrne are to stand trial at the Special Criminal Court on charges of conspiring to pervert the course of justice during Brady's 2020 trial. Brady, aged 31, and Byrne, aged 29, are accused of attempting to persuade prosecution witness Daniel Cahill not to testify between 8 April and 22 June 2020, and of recording a video interview with Ronan Flynn that allegedly could influence the trial. The cases were moved to the Special Criminal Court after a successful application by State solicitor Susan Hudson, citing the need for a non‑jury court to secure effective administration of justice. The court, comprising Justice Tony Hunt, Judge Marie Keane and Judge Sarah Berkeley, adjourned the matter for a hearing on 2 June 2024. The trial will address the alleged conspiracy to pervert justice during Brady's murder trial.

2022-05-23 · Dublin

Monk's lawyers to seek dismissal of Regency Hotel murder charge

The Supreme Court has agreed to hear appeals by Gerard 'The Monk' Hutch and Jonathan Dowdall aimed at preventing their trials before the Special Criminal Court from proceeding. Both men are charged with the murder of David Byrne at the Regency Hotel in Dublin in 2016. In a related development, defence counsel for Mr Hutch asked the Special Criminal Court for permission to make an application under Section 4E of the Criminal Procedure Act 1967 to dismiss the charge due to alleged insufficient evidence. Ms Justice Tara Burns agreed to hear a preliminary application on June 15 to determine if the court has jurisdiction to hear this request. Mr Hutch, who is in custody, was not present for the brief hearing. A trial date has been fixed for October 3, 2022, when Mr Hutch is expected to go on trial alongside four other co-accused. Mr Dowdall, the third man charged in connection with the killing, is also scheduled to stand trial with three other co-accused on the same date. The shooting occurred during a boxing weigh-in when armed men, some disguised as gardaí, stormed the venue. Mr Hutch was extradited from Spain after his final appeal against extradition was rejected. Any evidence heard during the preliminary application cannot be published or broadcast.

2022-04-29 · Louth

Gang member Rooney 'would've been better off with a banger' as State seeks to seize €72k Merc

At the Special Criminal Court, the State applied for the forfeiture of a 2018 Mercedes S-Class registered to Thomas Rooney (52), a Betaghstown resident described as a mid-to-high level gang member. Rooney pleaded guilty in July 2023 to possessing €289,770 and £65,000 in crime cash at a Drogheda car park, along with two further charges involving €254,840 and €7,650, all under the Criminal Justice (Money Laundering and Terrorism Financing) Act 2010. He was sentenced to six years' imprisonment in January 2024. His then-partner, Catherine Dawson (44), received a fully suspended sentence of three years and nine months in May 2023 for her role in moving the gang's money, suspended on condition of good behaviour for five years. The State argued the vehicle, held by Rooney's company EBT Executive Travel Ltd, was integral to the offence, citing texts sent from a phone plugged into the car to coordinate the transfer of cash. Defence counsel John D Fitzgerald SC argued the car was used for legitimate business and that forfeiture would cause undue hardship. Presiding judge Mr Justice Hunt remarked that Rooney would have been better off with a cheaper vehicle. The matter was adjourned to June 2 for a decision on the forfeiture.

2022-04-27 · Dublin

'Chaos and screaming' after gun murder during republican raffle, court hears

The Special Criminal Court heard witness testimony during the ongoing trial of Christopher Slator, who has pleaded not guilty to the alleged murder of Michael Barr at the Sunset House pub in Dublin 1 on April 25, 2016. Slator is the third defendant to face trial for this offense. Witnesses described a scene of "chaos and screaming" after two masked men entered the pub, where Barr was shot seven times. The State's case, outlined by prosecutor Dominic McGinn SC, links Slator to the crime through DNA profiles found on a mask and gloves recovered from a burning Audi on Walsh Road. The prosecution also noted that Eamon Cumberton, jailed for life in 2019, and David Hunter, jailed for life in November 2020, are connected to the case. Hunter has since appealed his conviction, placing his matter at the appeal stage. The trial, presided over by Justice Tara Burns, will resume next Tuesday.

2022-04-25 · Donegal

Provisional date for Keane Mulready-Woods murder trial

Two men have been given a provisional trial date of January 23, 2023 at the Special Criminal Court in connection with the death of a Drogheda teenager. Paul Crosby, aged 25, of Rathmullan Park, Drogheda, County Louth, and Gerard Cruise, aged 47, with addresses in Dublin 1 and Rathmullan Park, face charges relating to an alleged murder at a house in Rathmullan Park on January 12 or 13, 2020. The trial had been scheduled to commence on April 25, but the court heard that substantial additional disclosure to the defence would be necessary before proceedings could advance. Counsel for the Director of Public Prosecutions informed the three-judge court of this requirement, and legal representatives for both defendants did not oppose the adjournment. Presiding Justice Tony Hunt fixed the new provisional date during proceedings at the non-jury court.

2022-04-14 · Dublin

Declan Brady charged with facilitating gang murder

In a Special Criminal Court hearing on 14 April 2022, Declan Brady (56) and Martin Aylmer (36) were charged with aiding a criminal gang in the murder of Noel 'Duck Egg' Kirwan, a father of four who was shot six times on 22 December 2016 in Clondalkin, Dublin. The charges allege that between 20 October and 22 December 2016, Brady and Aylmer, knowing a criminal organisation existed, participated in or facilitated the gang's activities that led to Kirwan's death. Both men were present when the charges were read. Aylmer had previously been charged by Gardaí, and Brady had been handed a copy of the charge sheet before the hearing. Both were remanded in custody until 23 May, with legal aid applications pending for Brady and granted for Aylmer. The case is being tried under the Offences Against the State Act because the Director of Public Prosecutions deemed normal courts inadequate for effective justice.

2022-04-11 · Dublin

Man charged at non-jury court with participating in Noel Kirwan murder

A man, Michael Crotty, 40, was charged before the Special Criminal Court on 11 April 2022 with helping a criminal gang murder Noel 'Duck Egg' Kirwan, a father of four who was shot dead in Dublin on 22 December 2016. Crotty is charged under Section 72 of the Criminal Justice Act for participating in or contributing to the murder of Christopher (Noel) Kirwan between 20 October 2016 and 22 December 2016, with knowledge of a criminal organisation. Detective Sergeant Ronan Dunne informed Crotty of the charge at 7 am, read the charge in full, identified him to the court and served him with the Book of Evidence. State Solicitor Ciara Vivien applied for trial at the Special Criminal Court, and Defence Solicitor Claire Finnegan obtained a six‑week adjournment. Judge Alex Owens remanded Crotty in custody and adjourned the case to 23 May.

2022-04-07 · Louth

Keane Mulready Woods murder trial to be delayed, court hears

Two men charged with the murder of Keane Mulready Woods will not stand trial next month as gardaí continue their investigation into the teenager's death and dismemberment. The Special Criminal Court heard on Thursday that the prosecution has already disclosed some information to the defence but substantial additional disclosure would be necessary before the trial could proceed. The hearing was originally scheduled for 25 April this year. Paul Crosby, aged 25, of Rathmullan Park, Drogheda, County Louth, and Gerard Cruise, aged 47, with addresses in Dublin 1 and Rathmullan Park, face charges relating to a death alleged to have occurred at a house in Rathmullan Park on 12 or 13 January 2020. Neither man's legal representatives objected to the trial delay. The court will hear further submissions regarding timing on the originally scheduled trial date.

2022-04-07 · Meath

Regency Hotel accused has bail surety approved

Patrick Dowdall, 64, of Navan Road, Dublin, is accused of facilitating the murder of David Byrne at the Regency Hotel in 2016. He is alleged to have made a room available to a criminal organisation on 4 February 2016, thereby contributing to or enabling the murder. Dowdall has been granted bail by the High Court, but the surety of €10,000 was entered at the Special Criminal Court where he is due to stand trial in October. The independent surety's identity is protected by court order. The surety's bank account will be frozen to ensure the bond remains above €10,000; forfeiture is possible if Dowdall fails to meet bail conditions. His son, Jonathan Dowdall, 44, a former Sinn Féin councillor, is also charged with Byrne's murder and has been granted bail with sureties of €20,000 and €10,000. The case remains pending before the Special Criminal Court.

2022-03-30 · Louth

Evidence against Lisa Smith 'falls short', defence say in closing speech

The Special Criminal Court heard the closing speech of Lisa Smith's defence barrister, Michael O'Higgins SC, on 30 March 2022. O'Higgins argued that the prosecution's evidence was insufficient to prove Smith's membership in the Islamic State. He criticised Dr Florence Gaub's expert report, claiming it relied on flawed methodology and made unsupported claims that all travellers to ISIS territory were members and that westerners received preferential treatment. O'Higgins highlighted that Smith had travelled to Syria in 2015 after the call for Muslims to join the caliphate, but she pleaded not guilty to membership and to financing terrorism for €800 sent in 2015. He contended that the €800 was intended for personal use, not for a terrorist organisation, and that Smith had no intent to assist ISIS. The judges had not yet delivered a verdict, and the case would be revisited next Thursday. The defence maintained that Smith's actions did not meet the legal threshold for membership or financing terrorism.

2022-03-22 · Louth

Lawyers for Lisa Smith ask court to dismiss IS charges

In the Special Criminal Court, Lisa Smith, a 40-year-old former soldier from Dundalk, Co Louth, is on trial for alleged membership of the Islamic State (IS) between October 28, 2015, and December 1, 2019, and financing terrorism. She has pleaded not guilty to both charges. The financing allegation involves sending €800 via Western Union to John Georgelas on May 6, 2015. Defence counsel Michael O'Higgins SC applied to dismiss the charges, arguing there is no evidence Smith knowingly joined IS or intended the funds to benefit the group. He contended that Irish law requires awareness of committing an offence and noted Georgelas was not in IS-controlled territory at the time of the transfer. Prosecution counsel Sean Gillane SC countered that Smith answered IS leader Abu Bakr al-Baghdadi's specific call to travel, thereby becoming an integral part of the organisation and serving as propaganda. He argued she knew Georgelas was an IS member and sent the money to help him recover from injuries sustained fighting for the group. Mr Justice Tony Hunt, presiding over the non-jury court, will rule on the defence application to dismiss the charges on Thursday. If the application fails, the defence indicated it will call one witness before closing speeches.

2022-03-21 · Louth

Lisa Smith warned family to become Muslims 'before it's too late', trial hears

In March 2022 the Special Criminal Court heard that former Irish soldier Lisa Smith, aged 40, had warned her family to become Muslims before it was too late. Smith, who denies membership of ISIS, sent Facebook Messenger messages to her sister Lorna in December 2015 while she was in the Islamic State in Syria. She told Lorna that she would never return home and that she would meet her family in heaven if they converted. Smith has pleaded not guilty to membership of an unlawful terrorist group, Islamic State, between 28 October 2015 and 1 December 2019, and to financing terrorism by sending €800 to a named man on 6 May 2015. The court considered thousands of messages exchanged via Telegram and Facebook Messenger between 2013 and late 2015, and the prosecution presented evidence of Smith's contact with jihadists and her view of ISIS atrocities. The prosecution was expected to finish its evidence the following day.

2022-03-15 · Louth

'At least Abu Bakr did something': Lisa Smith trial hears of Facebook messages

In the Special Criminal Court, former Irish soldier Lisa Smith, aged 40, pleaded not guilty to membership of the Islamic State and to financing terrorism. The court heard private Facebook messages exchanged by Smith with other Muslims before her 2015 travel to Syria. The messages included discussions on Islam, marriage, the role of women, and the mass executions of Iraqi soldiers by ISIS. Smith's interlocutor claimed it was acceptable to execute enemies and that Shia victims deserved punishment. Smith also referenced a YouTube video depicting ISIS killings and a news article condemning Abu Bakr al‑Baghdadi's caliphate. The court also considered exchanges with an American jihadist, John Georgelas, and Smith's husband, a Tunisian. The proceedings will continue with further review of the Facebook exchanges.

2022-03-14 · Louth

Women who tried to leave Islamic State faced torture and death

During a Special Criminal Court hearing, Dr Florence Gaub, a social scientist and director of the European Union Institute for Security Studies, testified about the treatment of women in the Islamic State (IS). She explained that women who attempted to leave IS-controlled territory were deemed traitors, spies or cowards and faced imprisonment, torture or death. Gaub cited a case in which an Austrian woman was beaten to death with a hammer after expressing a desire to return home. She also confirmed that IS restricted women's movements, requiring husband's permission for travel, and that husbands could lightly chastise wives to enforce compliance. Gaub noted that IS's morality police enforced strict gender norms and that female propagandists often presented a false image of life inside the group. The testimony was part of the trial of Lisa Smith, a former Irish soldier who denies membership in IS. The court will decide whether Smith joined the terrorist organisation. Lisa Smith pleaded not guilty.

2022-03-14 · Dublin

Seventh man admits role in Kinahan plot to kill 'Mago' Gately

Martin Aylmer, 35, of Casino Park, Marino, Dublin 3, pleaded guilty to taking part in a Kinahan cartel plot to murder James 'Mago' Gately, an associate of the Hutch gang, while Gately was in Northern Ireland from 7 September 2016 to 6 April 2017. The offence is charged under Section 72(1)(A) of the Criminal Justice Act 2006. Aylmer admitted that he participated with knowledge of the criminal organisation and with the intention of helping the cartel carry out the murder. Mr Justice Tony Hunt adjourned sentencing to 27 April and ordered a governor's report from Mountjoy prison. The plot involved tracking devices and an Estonian hitman, Imre Arakas, who was later jailed for six years. Gately had previously survived a shooting attempt in May 2017. The case remains pending sentencing.

2022-03-11 · Dublin

Charges upgraded to murder after death of Barry Wolverson

In March 2022 the Special Criminal Court accepted jurisdiction to hear the cases of Bernard Fogarty, 34, and Robert Redmond, 33, who were originally charged with attempted murder of Barry Wolverston. Wolverston died in hospital on 21 February 2021 after a long illness. The State solicitor applied for the charges to be upgraded to murder under Section 49 of the Offences Against the State Act, and the court agreed. The attempted murder charges were withdrawn and replaced by murder charges. Both men were also charged with assault causing harm to Gerard Wildman, and with possession of a .38/.357 calibre firearm and ammunition with intent to endanger life or cause serious injury. The original trial date of 15 June 2022 was retained. Both defendants confirmed their names in court and were served with the Book of Evidence. The case is now set to proceed under the new murder charges.

2022-03-09 · Ireland

Support of Islamic State equated to membership of terrorist organisation, expert tells Lisa Smith trial

The Special Criminal Court trial of Lisa Smith, 40, who denies charges of membership of Islamic State and funding terrorism, heard expert testimony from political scientist Dr Florence Gaub. Dr Gaub testified that individuals who travelled to Isis-controlled Syria and engaged in any act of support, such as sending money or joining territory, became members of the terrorist organisation. She described the Islamic State as a proto-state that provided preferential treatment, including better housing and food, to those who heeded Abu Bakr al-Baghdadi's call, creating a relationship of reciprocity. Under cross-examination by defence counsel Michael O'Higgins SC, Dr Gaub maintained that non-combatants, such as engineers and teachers, who reinforced the group's capacity to carry out its aims have been convicted across Europe. The defence argued that the court should not accept the opinion that engaging with the state's machinery equates to membership, distinguishing such acts from direct terrorist offences. The three-judge, non-jury court, presided over by Mr Justice Tony Hunt with Judges Gerard Griffin and Cormac Dunne, will hear submissions on this legal issue tomorrow. The matter remains at the trial stage, with no finalisation or sentence recorded.

2022-03-08 · Louth

Privacy rights must be balanced against society's right to prosecute serious crime, judge in IS case rules

In a Special Criminal Court hearing, Mr Justice Tony Hunt ruled that Facebook messages exchanged between Lisa Smith and known jihadists in Syria and Australia could be admitted as evidence in her trial for membership of the Islamic State and financing terrorism. Smith's lawyers had sought to exclude the messages, arguing that their use violated her privacy rights and that the material was obtained without proper protocols. The judge rejected these arguments, stating that the right to privacy must be balanced against society's right to investigate and prosecute serious crime. He noted that Smith's use of Facebook implied consent to data retention and that the warrants used by the gardai were valid. The decision also addressed the admissibility of expert testimony from Dr Florence Gaub regarding ISIS's operations and recruitment tactics. The case remains ongoing. Lisa Smith pleaded not guilty.

2022-03-07 · Cavan

Former All-Ireland champ gets 10 years for ATM thefts with cross-border gang

The Special Criminal Court sentenced Daniel O'Callaghan to 10 years imprisonment for his role in a cross-border gang that stole ATMs using diggers. O'Callaghan, a former All-Ireland club winner, was convicted after a trial of 16 offences, including the attempted theft of an ATM in Virginia, Co Cavan, and possessing over €700,000 in stolen cash. He had pleaded not guilty to charges under Sections 72 and 73 of the Criminal Justice Act. Ms Justice Tara Burns set a headline sentence of 11 years, suspending the final year subject to a three-year bond to keep the peace. Sentences for other offences, ranging from three and a half to eight years, run concurrently. The court noted O'Callaghan's central role as a planner and his forensic awareness, including burning vehicles and using burner phones. Three accomplices, Stephen Duffy, Gerard Duffy, and Ciaran Duffy, were jailed last week after pleading guilty. Stephen Duffy received four years for possessing stolen cash, while Gerard and Ciaran Duffy each received seven years and nine months for the attempted ATM theft and moving cash for a criminal organisation. Gardai recovered €429,930 from a premises in Tullypole, Co Meath, which is subject to Criminal Assets Bureau proceedings.

2022-03-04 · Cavan

Notorious ATM theft gang get combined jail sentences of 19.5 years

The Special Criminal Court sentenced three Monaghan brothers to a combined 19.5 years for their roles in an ATM theft gang. Gerard Duffy (31) and Ciaran Duffy (29) each pleaded guilty to offences including attempted theft of an ATM and its contents for the benefit of a criminal organisation. Ciaran Duffy additionally pleaded guilty to moving cash and possessing cash to facilitate a criminal offence. Mr Justice Hunt identified an 11-year headline sentence for both, applied a 20% discount, and suspended the final year of each term, resulting in effective sentences of eight years and nine months. Stephen Duffy (35) pleaded guilty to possessing cash in association with a criminal organisation. Rejecting his claim of limited involvement, the judge sentenced him to four years and nine months, with the final nine months suspended. All sentences were back-dated to February 1, 2022. In a related November finalisation, Niall Finnegan (39) pleaded guilty to possessing proceeds of ATM thefts and was jailed for four-and-a-half years, with the final 18 months suspended. A fifth defendant, Daniel O'Callaghan, remains to be sentenced.

2022-03-03 · Louth

Defence lawyers waving data protection laws like 'garlic at a vampire', IS trial told

In the Special Criminal Court, counsel for the State, Sean Gillane SC, defended the use of Facebook messages as admissible evidence in the trial of Lisa Smith, a 40‑year‑old from Dundalk charged with membership in the Islamic State and financing terrorism. Gillane argued that the Data Protection Act does not render privacy rights absolute and that Gardaí acted lawfully when they obtained a warrant to seize Facebook messages exchanged between Smith and known Islamist terrorists in Australia and Syria. He noted that the messages were initially provided by U.S. authorities investigating John Georgelas, a Smith associate, and later seized from Facebook's Dublin headquarters under an Irish warrant. Gillane maintained that the evidence was gathered on a police‑to‑police basis, that Facebook's retention of data was not directed by the State, and that the right to privacy must be weighed against the context of the investigation. The court will decide the application on Tuesday. Lisa Smith pleaded not guilty.

2022-03-02 · Louth

Facebook in 'wholesale breach of privacy rights', lawyers in Islamic State trial say

In a Special Criminal Court hearing, lawyers for Lisa Smith, aged 40 from Dundalk, argue that Facebook's indefinite storage of private messages constitutes a wholesale breach of privacy rights. Michael O'Higgins SC objects to the admissibility of messages exchanged between Smith and known Islamist terrorists in Australia and Syria dating back to 2012. He contends that the court must protect individuals' rights against a corporation that records every utterance. The case involves messages initially seized by Gardaí from American authorities investigating John Georgelas, a known associate of Smith who was wanted in the US for terrorism charges and is presumed dead in Syria. Gardaí later obtained a warrant to access the same messages from Facebook's Dublin head office. Smith has pleaded not guilty to membership in the Islamic State between 28 October 2015 and 1 December 2019, and to financing terrorism by sending €800 via Western Union on 6 May 2015.