All cases scheduled for hearing in the District Court of Appeals today were adjourned to a later date. This was partly due to the ongoing withdrawal of legal aid by solicitors and the absence of parties involved in the cases. The court also set new dates for over 80 cases that were listed for mention today, many of which were impacted by a Supreme Court decision on drink driving cases. Following a High Court ruling in July 2025 that overturned a man's drink-driving conviction due to issues with the chain of custody of his blood sample, the Director of Public Prosecutions appealed to the Supreme Court. The High Court decision was overturned by the Supreme Court in June of this year, allowing many pending cases to proceed. Most of the appeals listed for mention today were adjourned to October and November to set hearing dates.
A 64-year-old man was given a suspended sentence after deliberately breaching a safety order by being present in court while his former partner was a defendant. He then encouraged a violent disorder outside the Supreme Court, where up to 15 women attacked the woman. The man was not involved in the actual fighting but was shouting and encouraging the incident. The court heard that the woman was visibly distressed and suffered cuts to her face and neck. The judge emphasized that the breach of the safety order was deliberate and showed a reckless disregard for the law. The man apologized for his presence and expressed regret for his actions. Judge Orla Crowe imposed a six-month sentence, suspended in full on strict conditions, after considering his personal circumstances and the impact of the incident on the victim. The unnamed 64-year-old pleaded guilty.
David Thomas, 42, of Finglas, Dublin 11, was sentenced at Dublin Circuit Criminal Court following an appeal. The State successfully appealed a previous decision to dismiss some charges, leading the Supreme Court to overturn that dismissal. Thomas pleaded guilty to unlawful possession for sale or supply of THC contained in cannabis jellies and unlawful cultivation of cannabis at Prospect Hill, Finglas. The charges related to a November 2022 raid where gardaí found 1,500 cannabis jellies, cultivation equipment, and plants with an estimated street value of €50,000. Judge Elma Sheahan considered aggravating factors, including Thomas's 74 previous convictions, and mitigating factors, such as his reported sobriety and addiction support. She imposed a sentence of four years. The final six months of the sentence were suspended on the condition that Thomas keep the peace and be of good behaviour. The matter was not adjourned; the sentence was imposed. A co-accused was previously sentenced in 2024, while a third man remains before the courts.
A serial offender, Andrew Murphy, was convicted and fined €750 after claiming that CCTV footage of a bicycle thief was '100% not me'. Murphy had pleaded not guilty to unlawfully taking a bicycle from a bike rack outside a store in Dublin. The victim reported that his bicycle was stolen, with the broken lock left behind. The CCTV footage showed a man removing a bicycle from the rack, and Garda Dylan Higgins identified Murphy as the individual in the footage. Murphy denied being the person in the footage, claiming he did not have the clothes depicted and was dealing with addiction issues at the time. The defence argued that the prosecution failed to establish a proper chain of custody for the CCTV footage and relied on Garda recognition evidence, which could be subject to honest mistake. However, the judge accepted Garda Higgins' identification and found Murphy guilty beyond reasonable doubt. Murphy has a significant criminal history, including 23 theft convictions, and the judge noted his difficult past before imposing the fine.
An online Workplace Relations Commission hearing into an Unfair Dismissals Act complaint by Donna Ashe against Skerries Golf Club was adjourned for a written decision. Adjudication officer Conor Stokes warned the club's honorary secretary, Donnacha Neary, of potential perjury prosecution after Neary attempted to swear a religious oath using a book that was not the Holy Bible. Neary subsequently gave evidence under a secular affirmation. Neary testified that a finance subcommittee identified a potential annual saving of €7,500 by outsourcing cleaning services, characterizing the dismissal as a genuine redundancy arising from a structural business decision. He denied that performance issues triggered the dismissal, despite a May 2024 WhatsApp message from a committee member complaining about cleaning standards and threatening new hires. Ms. Ashe, a part-time cleaner earning €12.70 an hour, was dismissed in October 2024. Her barrister, Christian Douglas, argued the redundancy was a sham and the process grossly unfair, noting Ms. Ashe was not offered reduced hours. The tribunal heard details of two meetings in September 2024, including a five-minute final meeting where the decision was communicated. Stokes is to deliver his decision in writing at a later date.
A teenager who used "extreme violence" in kicking a defenceless man to death has been given more time to bring an appeal against his life sentence following a landmark Supreme Court decision. The youth was 16 when he murdered Romanian national Claudio Robu (39) on a laneway off Madison Road, South Circular Road, Dublin 8 on September 14, 2020. He pleaded guilty in 2021 and was sentenced to life detention with a review after eight years. He had been due to come back before the Central Criminal Court in June 2028 to review his progress and to allow the court to consider whether he could safely return to society. However, last March the Supreme Court ruled that a sentencing court does not have jurisdiction to review terms of detention imposed on child offenders.
The Court of Appeal has adjourned sentencing appeals for two defendants convicted of murder while under 18, following a Supreme Court ruling restricting life sentences for child offenders. In the first case, a 19-year-old man was found guilty by a jury in 2022 of murdering Urantsetseg Tserendorj in Dublin in 2021, after pleading guilty to manslaughter. His counsel argued the case lacked the 'exceptional circumstances' required for a life sentence, citing lack of premeditation. The DPP countered that the attack was intentional and brutal. In the second case, a defendant who was four months shy of 18 pleaded guilty in 2020 to the murder of Cameron Blair in Cork. His lawyer argued his immaturity and lack of planning precluded a life sentence, while the DPP highlighted the use of a large knife. The Supreme Court previously ruled that life sentences for children are only appropriate in exceptional cases and that part-suspended sentences are permissible if detention continues past age 18. The three-judge court reserved judgment in both matters, meaning the appeals were adjourned rather than concluded.
In a 2025 Supreme Court ruling, Justice Iseult O'Malley held that a life sentence for a child convicted of murder may only be imposed in exceptional cases where the child's intent and actions mirror those of an adult, and that sentencing courts lack jurisdiction to review detention terms for child offenders. Following this decision, the Court of Appeal granted Boy A, a 14‑year‑old convicted of murdering 14‑year‑old Ana Kriegel and of aggravated sexual assault, an extension to appeal his life sentence with a 12‑year review and a separate 12‑year sexual assault sentence. The extension was granted because the Director of Public Prosecutions did not object. Boy A and Boy B were convicted in 2019 for the 2018 murder at a derelict house in Lucan. The Court also heard a similar request from another former juvenile offender now an adult, and scheduled a further hearing for December 5.
The Labour Court warned that the Department of Public Expenditure's blocking of a senior official's reappointment would severely impact its operations, reducing the court to one‑third capacity. Lawyers were told that serious delays would affect the hearing of individual employment rights cases and the resolution of industrial relations disputes from this week. The court normally operates with three divisions—employer, worker, and chair—now down to one division. The statement noted that part‑heard cases might need to be re‑heard entirely if the official is not reappointed, and that the court is identifying affected parties. The Department of Public Expenditure's press office referred queries to the Department of Enterprise Trade and Employment, and neither the court nor that department has responded to media questions. Barrister Jason Murray of the Employment Bar Association expressed concern that the reduced capacity could compromise access to justice for litigants in employment and industrial relations disputes.
The Workplace Relations Commission has ruled that Beta Bajgart, a former photographer for RTÉ's Fair City, was an employee rather than a freelance contractor, allowing her employment claims to proceed to a full hearing. Adjudication officer Catherine Byrne determined that the day-to-day reality of Bajgart's work, including a fixed weekly rate, lack of discretion over attendance, and personal performance of duties, was inconsistent with her contractual status as an independent contractor. The tribunal noted that Bajgart worked part-time for 12 years, with her role contributing to the show's promotion. Although RTÉ argued the tribunal lacked jurisdiction because Bajgart was a supplier of services, Byrne concluded that the sustained nature of the job and RTÉ's sole reliance on Bajgart meant the legal basis evolved into an employment relationship. This decision follows scrutiny by the Public Accounts Committee regarding RTÉ's payment of €60,000 annually for promotional images. Bajgart claims her work was terminated without notice on 15 December 2023. Her case, brought under several employment acts, will now advance to a full hearing. This ruling marks the first application of a 2023 Supreme Court distinction between employees and contractors to an RTÉ worker, amidst broader reviews of media worker classifications by the Department of Social Protection.
A 19‑year‑old, who was 18 at the time of the offence, was sentenced to 15 years' imprisonment for the murder of Aaron Keating, 43, on 13 June 2023. The judge, Mr Justice Paul McDermott, noted that the teenager stabbed Keating after an altercation in a public street in Dublin 15. The killing was described as a "drug rage" and the defendant had pleaded guilty. The sentence was reduced from an initial 25‑year headline to 21 years and then to 15 years, with the final two years suspended for two years on conditions including peace‑keeping, drug rehabilitation and mental‑health treatment. The court highlighted the defendant's history of drug use, lack of maturity and the need for rehabilitation. The case was heard in the Dublin District Court.
In a 2025 Central Criminal Court hearing, Mr Justice Paul McDermott expressed concern that a 23‑year‑old offender, who was 15 when he attempted to murder Stephanie Ng in 2017, might be released from prison without supervision following a Supreme Court ruling. The defendant, who used a dating app and pretended to be 19, lured Ng to an isolated spot on the Sea Front, Queen's Road, Dun Laoghaire, where he choked her and slashed her neck. He pleaded guilty in 2019 and was sentenced to eleven years with a review after five years. The Court of Appeal later increased the review period by two years. However, the Supreme Court held that a sentencing court lacks jurisdiction to review its own sentences, leaving the judge unable to impose post‑release supervision.
A 19‑year‑old pleaded guilty to murdering Aaron Keating on 13 June 2023 in Dublin. The defendant, who was a child when the offence was committed, is no longer subject to a mandatory life sentence because a Supreme Court ruling last year removed the mandatory life rule for those who were under 18 at the time of the crime, regardless of their current age. A further Supreme Court decision yesterday overturned a Court of Appeal ruling that a child could be identified if they turned 18 during proceedings, so the defendant's name cannot be released. The defendant had previously sought to halt the proceedings after turning 18, fearing a mandatory life sentence. After the guilty plea, senior counsel James Dwyer said the mandatory regime does not apply and a full sentencing hearing is required. Seamus Clarke SC represented the defendant, who had no prior convictions.
Sharif Kelly, 54, of Balbriggan, Co Dublin, has failed in his bid to pursue a conviction appeal before the Supreme Court regarding the 2013 murder of dissident Republican Peter Butterly. Kelly, who pleaded not guilty, was sentenced to life imprisonment by the Special Criminal Court in April 2017. The court heard that Dean Evans, who pleaded guilty to the murder, fired the three fatal shots into Butterly at the Huntsman Inn in Gormanston, Co Meath, while Kelly was the getaway driver. Kelly's earlier Court of Appeal challenge in April 2022 was dismissed, with judges unimpressed by his objections to the evidence of protected witness David Cullen. Cullen, who turned State's witness, had previously pleaded guilty to unlawful possession of a semi-automatic pistol at the scene and was sentenced in July 2014 to seven years in prison, with three and a half years suspended. Kelly's lawyers also sought to introduce fresh evidence concerning Garda Joseph Doyle, who was later jailed for corruption and deception offences. The Supreme Court refused leave to appeal, determining that issues regarding the admissibility of accomplice-type evidence are primarily for the trial court to analyse and that the Court of Appeal correctly applied established principles governing fresh evidence.
Karl Humphries, a Cork resident, was convicted in July 2021 of three counts of possession of cannabis worth about €58,000. He claimed he was hunting rabbits and that the drugs were found by Gardaí during a sting operation. Humphries denied any involvement in the drug trade and pleaded not guilty, asserting he never touched the bag. The jury found him guilty by a 10‑2 majority and the judge sentenced him to ten years' imprisonment, with the final two years suspended. In 2023, at age 40, he appealed, arguing the trial judge had mis‑instructed the jury on the standard of proof. The Court of Appeal rejected the appeal, and the Supreme Court refused to allow the appeal to be heard, stating the matter was not of general public importance. The case remains at the conviction level.
In the Munster Abuse case, the father of the victims, aged 60, was denied a Supreme Court appeal that sought to overturn his life sentence for the prolonged and depraved abuse of his three older children. The Court of Appeal had increased his original 15‑year term to life after finding the original sentence too lenient. The father argued that the life sentence was disproportionate compared with the 18.5‑year term given to the children's 52‑year‑old uncle, who was convicted of fewer offences and not of rape. The Supreme Court rejected the appeal, noting that the father's role as the primary caregiver and the gravity of his offences warranted a harsher sentence. The Court found no general public importance in the alleged disparity and refused leave to appeal.
Gerard Harrington of Marian Road, Boyle, Co Roscommon, has been unsuccessful in his application to the Supreme Court seeking to appeal his conviction for making a false report to gardaí. Harrington was convicted in July 2021 at Tullamore Circuit Criminal Court of making a false statement to gardaí regarding missing cattle and was fined €6,500 in October 2021. The cattle were subsequently discovered in a neighbour's shed at Breedogue, Co Roscommon, with six animals bearing tag numbers matching those he had reported as missing in October 2015. Harrington's appeal to the Court of Appeal last May, which raised 34 grounds including claims the trial judge erred in admitting a Garda interview, was dismissed. The Supreme Court last week rejected his application to hear a further appeal, finding he had not met the constitutional threshold required. The court noted Harrington had not made admissions during his voluntary interview at the garda station and had been informed he was not under arrest and not obliged to answer questions.
In a Workplace Relations Commission hearing in June, Wix Online Platforms Ltd conceded it breached the Unfair Dismissals Act 1977 by dismissing Courtney Carey. The adjudicator determined that Ms Carey was fired over social media posts regarding the conflict in Palestine. The WRC subsequently convened a hearing to determine compensation for this unfair dismissal. During the proceedings, Ms Carey was questioned by the company's lawyers about her job search following what her solicitor described as a "very public sacking." She testified that she lost her flat, relied on social welfare, and accepted a lower-paid position as an An Post clerk. Ms Carey stated she felt blacklisted from the tech sector, noting that multiple tweets and LinkedIn posts characterized her as supporting terrorism, which caused potential employers to withdraw offers. The validated procedural stage for this specific matter is a hearing or decision regarding compensation, following the company's admission of the breach.
A child-rapist GAA coach has been denied leave by the Supreme Court to appeal against a four-year increase in his sentence for what a judge described as 'unusual, shocking and extremely disturbing' crimes. The man, who cannot be identified to protect the victim's identity, was sentenced in December 2021 to 10.5 years imprisonment with the final 18 months suspended by Mr Justice Michael MacGrath. The accused pleaded guilty to 15 counts with consent to the facts of all the offences being considered as part of the sentencing process. The case was heard at the Central Criminal Court, where the man had entered guilty pleas in April 2021 in relation to 15 sample counts including oral rape, attempted anal rape, sexual assault, false imprisonment, assault causing harm and criminal damage. The court heard evidence of further sexual assaults during a trip to London, but these counts were dropped as they had taken place outside the jurisdiction. The offences occurred between 2004 and 2010 at locations including the man's home, a midlands sports grounds and a hotel in Dublin. The accused had been extradited from the US to face the charges. At the Court of Appeal in March, Eilis Brennan SC, for the State, submitted that the original nine-year sentence was too low as the victim had endured a 'continuum' of sexual and physical abuse as well as 'emotional torture' over a six-year period. The Court of Appeal increased the sentence to 14 years and six months with the final 18 months suspended. The Supreme Court dismissed the appeal, noting that the Court of Appeal had conducted a 'thorough examination of the facts' and that there was 'nothing' to suggest that any law was mis-applied in what was a 'difficult case that was sensitively considered'. The matter was adjourned at the appeal stage.
In a Supreme Court appeal, three defendants—Edel Doherty, Kyle Rooney, and Declan Corcoran—argue that they should not have been transferred from the District Court to the Circuit Court after breaching publication restrictions in the Ana Kriegel murder case. The defendants were charged with posting photos and naming the teenage murderers, Boy A and Boy B, on social media. Judge Brian O'Shea originally accepted the cases as minor matters in the District Court, but Judge John Hughes later deemed the offences too serious and sent them to the Circuit Court, where penalties are harsher. The High Court quashed Hughes' decision, and the State appealed to the Court of Appeal. The Supreme Court is hearing the appeal, with counsel arguing that jurisdiction was already decided and that revisiting it could cause procedural chaos. The court has reserved judgment.
In a landmark decision, the Workplace Relations Commission ruled that fiddle player Matt McGranaghan was an employee of MEPC Music Ltd, not an independent contractor, and awarded him compensation for unfair dismissal and breaches of employment rights. The tribunal applied the Supreme Court's 2023 test to distinguish employees from contractors in the entertainment sector. McGranaghan earned about €50,000 a year from roughly 220 gigs over six years, and the WRC awarded him €26,880 for unfair dismissal, €12,480 for various statutory breaches, and €4,480 for notice pay. MEPC's lawyers contested the ruling, arguing McGranaghan was self‑employed and that treating him as an employee saved the company 15% in PRSI. The company has now filed an appeal to the Labour Court, claiming the decision should be overturned on behalf of the music industry, which it says relies on independent contractors. The appeal's grounds have not yet been set out.
In a 2024 Supreme Court ruling, the court declared a section of the 2019 Judicial Council Act that allows judges to set personal injury award guidelines unconstitutional, citing conflict with judicial independence. However, the court held that the guidelines adopted in 2021 were independently ratified by the Oireachtas under the 2021 Family Leave and Miscellaneous Provisions Act and therefore remain legally enforceable. The decision dismissed most of Bridget Delaney's appeal against the High Court's rejection of her judicial review, while granting her a declaration that the contested Act section is unconstitutional. The court also affirmed that the Personal Injuries Assessment Board (PIAB) acted lawfully in applying the 2021 guidelines to Delaney's claim. Delaney's legal costs were to be paid by Ireland and the Attorney General, with PIAB covering its own costs. The ruling clarified that any future changes to the guidelines would require new legislation by the Oireachtas.
The Supreme Court has adjourned the matter following the conclusion of submissions in an appeal by Niamh Mulreany and Kirstie McGrath. The two women, who were charged with breaching Section 38 of the Health (Amendment) Act 2021 for allegedly refusing mandatory quarantine upon their return from the UAE in April 2021, challenged the constitutionality of the Minister for Health's power to designate states for mandatory hotel quarantine. Their legal team argued that this delegation of powers breached the separation of powers and that the measures should have been introduced via legislation rather than Ministerial order. They also alleged a lack of a legally permissible appeals process. The respondents, including the Director of Public Prosecutions and the Ministers for Foreign Affairs and Health, opposed the appeal, arguing the High Court's previous dismissal of their application should stand. The High Court had previously rejected their claims, noting the Oireachtas had applied scrutiny to the power of designation and included a sunset clause. The Supreme Court, presided over by Chief Justice Donal O'Donell, was asked to determine questions regarding Article 40.4 of the Constitution and the permissibility of delegated powers. The court stated it would deliver its judgement at a later date, meaning the case remains pending and has not been finalised.
In a 2024 Supreme Court ruling, the court held that the High Court erred in granting an injunction that restrained Unite the Union from industrial action against H.A O'Neill Limited. The injunction, obtained after a union ballot and a first strike, had been based on the company's claim that the union's action was unlawful and that a valid trade dispute did not exist. The Supreme Court, in a unanimous decision, found that the 1990 Industrial Relations Act provides an absolute bar to such injunctions when the union is registered, the ballot favours action, and the employer has been given at least a week's notice. The court noted that the relevant sectoral employment order had been quashed and that the injunction should not have been granted. The case will return for final orders later this month.
A man from Castlebar, County Mayo, has been sentenced to six years imprisonment at Dublin Circuit Criminal Court for two unprovoked assaults committed in January 2023. Celyn Eadon (31) pleaded guilty to causing harm to two men during random attacks on Malahide Road, Artane. The first victim was struck multiple times while using an ATM, and the second was assaulted on a bus. The offences occurred ten days after Eadon's release from a suspended sentence. The court heard that Eadon previously killed his mother in 2014, a murder conviction later quashed, with a subsequent manslaughter plea resulting in a ten-year sentence. Following release in 2021, he assaulted a support worker. Defence counsel submitted that Eadon has an acquired brain injury from prolonged substance abuse, causing cognitive impairment and loss of behavioural restraint. Judge Martin Nolan noted the court faces an unusual challenge, as the likelihood of further offending remains high despite the permanent nature of Eadon's condition. The final two years of the sentence were suspended, conditional on Probation Service supervision.
The Supreme Court has unanimously dismissed an appeal by the Garda Commissioner challenging the quashing of a search warrant that would have allowed access to a journalist's mobile phone. The seven-judge court upheld the Court of Appeal's decision that the warrant, obtained in relation to the Strokestown eviction investigation, was invalid. Emmet Corcoran, editor of The Democrat newspaper, had his Strokestown home searched in 2019 and his phone seized following a warrant issued by the District Court in 2018. Mr Justice Gerard Hogan stated that protection of journalistic sources is integral to a free press and essential to democracy under the Constitution. The court found that the District Court judge had not been adequately informed that Mr Corcoran was asserting journalistic privilege before the warrant was issued. Mr Justice Hogan noted the case exposed serious shortcomings in search warrant legislation, matters he suggested warrant urgent Oireachtas consideration.
In 2022, Workplace Relations Commission inspectors recovered €1,405,126 in unpaid wages, a 45% rise from €964,281 in 2021. Forty‑five percent of employers were found in breach, up from 27% in 2021. Retail and food service sectors accounted for about a third of inspections and 60% of recovered wages. The WRC prosecuted 89 employers, convicting 24, granting 38 probation benefits, and receiving 7 charitable donations. Twelve cases were withdrawn or dismissed, and eight were not pursued. The Commission also recovered €208,044 for workers where employers failed to pay adjudication awards in 30 cases before court orders. The employment and equality tribunal recorded a 30% increase in adjudication hearings to 4,253, with 17% of claims withdrawn before hearing. The report highlighted a 30% rise in parties opting for mediation before formal hearings, and noted that hearings are taking longer than anticipated due to oath and cross‑examination requirements.
Maurice Kiely, a musician who claims he wrote the song "A Man and A Woman" in 1998, is suing U2 Ltd, the company linked to the band, over its inclusion of the track on the 2004 album How to Dismantle an Atomic Bomb. He alleges that he performed the song for model Cindy Crawford and that U2 used it without permission, seeking €12 million in damages. U2 Ltd denies the claim, stating the lyrics were written by Bono (Paul Hewson) and the music by all four band members. In a preliminary motion, Judge Brian O'Moore dismissed Kiely's request to compel U2 to answer pre‑trial interrogatories, ruling the questions were inappropriate and unrelated to the case. Kiely intends to appeal that decision to the Supreme Court, while the judge set a timetable for the parties to exchange legal papers and adjourned the matter to July for further review.
A woman from Sligo has succeeded in her Supreme Court appeal against a mortgage lender's attempt to restore repossession proceedings on her family home. Noreen Stafford challenged a High Court decision that had remitted her case back to the Circuit Court after previously being struck out. Ms Stafford had raised concerns about the validity of mortgage documentation used by Start Mortgages DAC and alleged the lender had wrongfully transferred security from an original parcel of land to her residence without proper authority. The Circuit Court had initially adjourned proceedings when the judge expressed dissatisfaction with the respondent's evidence, but no further affidavit was filed despite adjournments being granted. A three-judge Supreme Court panel agreed to hear the appeal as a matter of general public importance regarding the legal status of Circuit Court orders in such circumstances. Before the full hearing commenced, Start Mortgages conceded the appeal. Ms Stafford was awarded her costs.
Lawyers for Fair City actor Tony Tormey have filed further submissions with the Workplace Relations Commission (WRC) in his employment rights claim against RTÉ. The WRC adjourned the matter to March 22 for an update. Tormey, who has played Paul Brennan since 1989, alleges he should be recognised as an employee under the Protection of Employees (Fixed‑Term Work) Act 2004, claiming a right to an indefinite‑duration contract from 2004. His lawyers intend to present 18 years of tax records and evidence from former executive producer Niall Mathews about the level of control RTÉ exercised. RTÉ argues Tormey was an independent contractor and has requested full audit details to examine other earnings. The case remains at the WRC, with no final decision yet.
In a case management hearing before the Workplace Relations Commission, Fair City actor Tony Tormey claimed he had been barred from other TV work and sought recognition as an employee under the Protection of Employees (Fixed-Term Work) Act 2004. Tormey, who has portrayed Paul Brennan since 1989, alleges he acquired the right to an indefinite contract in 2004. The commission required Tormey's tax returns from 1 January 2004 onward to substantiate his claim. Evidence was to be obtained from former executive producer Niall Mathews, who reportedly told Tormey he was "not permitted to work elsewhere on TV." Tormey's earnings in 2016–2017 ranged from €99,000 to €150,000, with a €4,500 weekly rate for a shooting week. RTÉ's counsel highlighted a Revenue audit showing significant earnings and tax liability, while Tormey's lawyer argued the broadcaster mischaracterised him as self‑employed.
The Special Criminal Court sentenced Jonathan Dowdall to four years' imprisonment for facilitating the murder of David Byrne. Dowdall pleaded guilty to this lesser offence, having previously been charged with the murder itself. The court report details cross-examination of Detective Sergeant Patrick O'Toole and Detective Garda Cathal Connolly regarding Dowdall's evidence. Defence counsel for co-accused Gerard Hutch argued that the decision to accept Dowdall's plea was a "quid pro quo" for his statement implicating Hutch. However, Detective Superintendent Joseph McLoughlin testified that the Director of Public Prosecutions made the decision to accept the plea in isolation from any potential statement. The defence contended that gardai had no evidence to support Dowdall's allegation that Hutch "effectively confessed" to the murder other than Dowdall's "say so." Prosecution counsel Sean Gillane SC stated the State's case was that Hutch contacted Dowdall days after the 2016 shooting and told him he was "one of the team" involved in the murder. Other defendants Paul Murphy and Jason Bonney pleaded not guilty. The matter regarding Dowdall was finalised with the sentence, while the trial for the other accused continued.
In a ceremony on 25 November 2022, Supreme Court judge Mr Justice John MacMenamin, who has served for almost two decades, was honoured with glowing tributes from senior legal figures. Chief Justice Donal O'Donnell, the chairs of the Law Society and Bar Council of Ireland, and Attorney General Paul Gallagher – who announced his own retirement – praised MacMenamin's long and distinguished career. The judge, who began as a barrister in the 1970s, was appointed to the High Court in 2004 and to the Supreme Court in 2012. He has presided over complex criminal, commercial, family, childcare and constitutional cases, and is noted for his advocacy for vulnerable minors and his belief that justice should be accessible to all. MacMenamin, a historian and former Chairman of the Bar Council, retired upon reaching the mandatory age of 70, concluding a career he described as a vocation. The event marked the end of his service and celebrated his contributions to Irish law.
The Special Criminal Court has sentenced Jonathan Dowdall to four years' imprisonment for facilitating the Hutch gang in the murder of Kinahan Cartel member David Byrne. Dowdall, a former Sinn Fein councillor, pleaded guilty to a lesser charge of making a hotel room available ahead of the attack, which occurred during a boxing weigh-in at the Regency Hotel on February 5, 2016. He is currently being assessed for the Witness Protection Program to testify against his co-accused. Meanwhile, the trial of Gerard Hutch, who pleaded not guilty to Mr Byrne's murder, continues before Ms Justice Tara Burns and two other judges. The court is hearing audio recordings of conversations between Hutch and Dowdall, which the prosecution alleges reference the use of AK-47 assault rifles. Hutch's defence argues that much of the evidence was gathered illicitly outside the State's jurisdiction. Co-accused Paul Murphy and Jason Bonney, both charged with providing access to motor vehicles, have also pleaded not guilty. The trial will proceed with a voir dire to determine the admissibility of the disputed recordings.
Brian Shaughnessy, aged 56, was convicted in March 2013 of raping a 17‑year‑old employee at his Loughrea Hotel and Spa. He received a six‑year sentence with one year suspended, imposed by Mr Justice Garrett Sheehan on 10 June 2013. Shaughnessy appealed, claiming his defence counsel was incompetent and that a missing 1 hour 15 minutes in the timeline undermined the victim's account. The Court of Appeal rejected the appeal in April 2020. He then applied to the Supreme Court, which remitted the case back to the Court of Appeal in March 2023. The Court of Appeal today reserved judgment, noting that the evidence presented did not establish incompetence of his legal team. Shaughnessy must now await the final decision on his appeal.
The Irish Human Rights and Equality Commission has joined Patrick Quirke's Supreme Court appeal as an amicus curiae, making its own legal submissions at no cost to the court. Quirke, a 51‑year‑old farmer from Breanshamore, is serving a life sentence for the 2011 murder of DJ Bobby Ryan, a part‑time DJ known as Mr Moonlight. The appeal, scheduled for a one‑day hearing on 25 October, challenges the validity of the search warrant used in the investigation and the DPP's discretion in calling an expert witness. The Commission argues that the warrant powers used in Ireland lack proportionality safeguards and that the right to privacy should be weighed against the community's interest in prosecuting crime. It will present case law and other material not previously considered by the other parties. No opposition was raised by the DPP or Quirke's counsel to the Commission's participation. The Court of Appeal had dismissed Quirke's 52‑ground appeal in November.
In a 12‑year saga that began when 17‑year‑old Daniel McAnaspie vanished in February 2010, the Supreme Court rejected Richard Dekker's appeal against his murder conviction. Dekker, 35, had been acquitted in 2013 but was later retried and found guilty in 2017. The jury heard that Dekker stabbed Daniel in Tolka Valley Park, then placed the body in a suitcase and dumped it in a drain 30 km away, where it was discovered three months later. Dekker's appeal argued that the final interview conducted by Gardaí at Cabra Garda Station was improper and that his statements should not have been admitted. The three‑judge court, led by Mr Justice George Birmingham, found the interview admissible, noting that Dekker's answers were self‑serving but not excluded. The appeal was dismissed, ending the case with Dekker's conviction upheld. The article does not report any subsequent sentencing or further legal action.
An environmental group's challenge to a major State capital investment plan has opened before the Supreme Court. Friends of the Irish Environment brought the appeal against the €165 billion Project Ireland 2040 scheme, which was originally adopted at a Cabinet meeting in Sligo in February 2018. The organisation contends that the plan, comprising the National Planning Framework and National Development Plan, was invalid due to alleged failures in environmental assessment and climate change considerations. The High Court rejected FIE's claim in 2020, and the Court of Appeal upheld that decision. However, the Supreme Court determined the case raised a point of public importance warranting consideration. A seven-judge panel heard the appeal on Monday. FIE seeks to quash the plan's adoption, arguing it failed to meet requirements under the Strategic Environmental Assessment Directive. The State disputes that either plan is subject to such assessment obligations. The hearing was ongoing.
Celyn Eadon, aged 30, was sentenced to 16 months in prison for assaulting a support worker after his release from prison. The assault occurred on 14 January 2023 at his home in Annaly Grove, Ongar, Dublin, when Eadon punched the support worker several times in the face during a discussion about films. Eadon had previously been convicted of murdering his mother, Noreen Kelly, in 2014, a conviction later quashed by the Supreme Court, and he pleaded guilty to manslaughter. He had served 14 years for that offence, back‑dated to 2011, and had eight prior assault convictions while in prison. The judge, citing Eadon's guilty plea, cooperation, and remorse, imposed a two‑and‑a‑half‑year sentence with 14 months suspended, back‑dated to the date of the assault. The support worker declined to give a victim impact statement. The case was heard in the Dublin Circuit Criminal Court.
In a 2020 hearing, a tour bus driver claimed he was denied a pay claim of nearly €5,000 after being accused by two colleagues of falling asleep at the wheel. The driver denied the allegation and opted for a medical assessment rather than taking eight weeks' pay in lieu. He worked cleaning duties until early April 2019, then was removed from the roster again. He argued he was owed wages from 21 March to 1 May 2019 because he was taken off the roster "through no fault of his own". The company cited concerns about dangerous driving and a loss of concentration. The adjudicating officer found the driver had gone absent without explanation after agreeing alternative duties, and that all outstanding payments had been discharged by the firm, dismissing the claim.
The Workplace Relations Commission has dismissed a discrimination claim brought by Dorin Dusa against Heatons Unlimited Company and security contractor Bidvest Noonan (ROI) Ltd. Dusa alleged he was harassed and assaulted by a security guard at a Blanchardstown store in August 2020 for refusing to wear a face mask, claiming a medical exemption based on disability. During the hearing, Dusa refused to disclose his medical records to opposing counsel or the public, demanding that adjudicating officer Penelope McGrath review them privately. He also attempted to compel the defending barrister to reveal his own medical history. Andrew Reilly, representing Bidvest Noonan, cross-examined Dusa, who admitted he did not report the alleged incident to gardaí. Bidvest Noonan stated it conducted a thorough investigation and wholly rejected the claims. In her decision, McGrath found that Dusa failed to prove he had a valid medical exemption or that he informed the guard of his disability on the day. She noted that Dusa raised the possibility of an exemption without proving it and that the security guard eventually allowed him to enter the shop. The adjudicator ruled that Dusa did not establish a prima facie case for either respondent to answer, finding that neither Heatons nor Bidvest Noonan discriminated against him.
A bench warrant was issued for Farah Damji, a 55‑year‑old Ugandan‑born conwoman, after she failed to appear before the High Court on a scheduled sitting. Damji, who had been fighting extradition to the UK where she faced a nine‑month sentence for breaching a restraining order, was arrested in Dublin in August 2020 under a European Arrest Warrant. She had previously been denied bail in September 2020 due to a high risk of absconding, but in January 2021 the High Court ordered her surrender to UK authorities. Damji appealed to the Supreme Court, which upheld the High Court's decision. She was due to appear on 20 June, but claimed Covid and was unable to attend; the court adjourned her case. On 22 June, after gardaí could not verify her Covid certificate, the High Court issued a warrant for her arrest. Farah Damji was convicted.
In a case brought by former employee Fozia Rafiq against the Kuwait Cultural Office in Dublin, the Kuwaiti diplomatic mission argues that the Workplace Relations Commission (WRC) lacks jurisdiction because the office enjoys diplomatic immunity. Rafiq, employed on a fixed‑term contract from 4 February 2020 to 3 February 2021, claims she was treated less favourably and that her contract was non‑renewed without due process after disciplinary warnings. The mission's lawyers, led by Kiwana Ennis BL, cite sovereign immunity and the precedent of Government of Canada v Employment Appeals Tribunal, asserting Rafiq's role as an accountant does not involve public business of the State of Kuwait. Solicitor Barry Crushell for Rafiq counters that the Labour Court had ruled Kuwait could not rely on sovereign immunity to block a complaint under the Unfair Dismissals Act. Adjudicating officer Máire Mulcahy reserved judgment on jurisdiction and heard Rafiq's evidence, noting her contract allowed non‑renewal with two months' notice.
A TV researcher was awarded €24,000 in compensation after the Workplace Relations Commission found a media organisation had illegally denied her holiday pay. The commission ruled the organisation breached the Organisation of Working Time Act and the Protection of Employees (Fixed‑term Work) Act. The researcher had worked as an independent contractor from 2012 to 2019, with periods of maternity leave and subsequent contracts. She claimed her work was equivalent to that of staff at the assistant producer grade and that she was entitled to a contract of indefinite duration. The adjudicating officer found she had been incorrectly classified as an independent contractor from September 2018 and should have been treated as a permanent employee. The commission awarded €17,000 for the breach of the Fixed‑Term Work Act and €7,000 for the breach of the Organisation of Working Time Act, totaling €24,000 in compensation.
In a 3‑2 Supreme Court ruling, the court upheld a 14‑year‑old's conviction for sexual assault after he repeatedly smacked a six‑year‑old boy's bare buttocks in a field. The court held that the offence is wholly objective and no proof of sexual motive is required when an assault occurs in indecent circumstances. The majority, led by Justice Charleton, affirmed that the prosecution need only show non‑consensual touching that creates indecent circumstances. The dissent, led by Justice Hogan, argued that a sexual motive should have been proven and that the conviction should have been replaced with a common assault charge. The case had previously been upheld by the Court of Appeal and the teen had been under probation supervision until 2023. The Supreme Court's decision confirms that the crime of sexual assault is defined by the objective nature of the act rather than the accused's intent.
Padraic Casserly, executive chef at Tribal Restaurant Ltd (Tribeton bar and restaurant) in Galway, was dismissed after the company applied for planning permission to convert the restaurant into office space. He claimed unfair dismissal under the Unfair Dismissals Act, the Organisation of Working Time Act and the Payment of Wages Act. The company had closed the restaurant temporarily in March 2020 due to Covid‑19 restrictions and later sought office conversion permission, granted in September 2020. Casserly's solicitors argued that the company's refusal to engage with his employment queries and failure to respond to his letters amounted to dismissal. The Workplace Relations Commission found the dismissal unfair and awarded him €21,461.97 in compensation, including 20 weeks' pay, unpaid notice, and non‑payment for public holidays.
Conor Hynes, who was unfairly dismissed by Heneghan Premier Services Ltd after raising concerns about the lack of PPE for workers during the Covid‑19 pandemic, was awarded €24,840 by the Workplace Relations Commission. Hynes sought an additional €72,000 in compensation for inflation in construction costs, arguing that the price of building materials had risen after his dismissal and that this loss was directly linked to his protected disclosure. The Commission found no evidence that Hynes had committed to building a house before his dismissal and therefore excluded that loss from the decision. The company was not represented at the initial hearing but later joined by an HR consultant who submitted documentary evidence. The adjudicating officer ruled that, in the absence of a defence, the termination was unfair and awarded the €24,840, noting that any redundancy payment would be deducted from the compensation.
A sales executive has been awarded over €329,000 for unfair dismissal after being sacked without a formal warning over bullying allegations. The award, revealed in a judgement published this morning, is understood to be the largest ever made by the Workplace Relations Commission. The case was heard at the appeal stage. The former sales executive submitted complaints in March 2021 under the Unfair Dismissals Act and the Payment of Wages Act against the company. The complainant, who had worked for the firm since December 2016 and was promoted to enterprise account executive in April 2019, was dismissed in September 2019 on the grounds of serious misconduct following bullying allegations. The adjudicating officer, Breiffni O'Neill, found the dismissal to be both substantively and procedurally unfair. The company argued that the complainant was dismissed following a full and fair investigatory process and appeal process, citing bullying of his manager and a colleague. The complainant's legal representative, Daniel Johnson, argued that the investigation was not properly isolated from the disciplinary process and that the complainant was not afforded the opportunity to cross-examine the individuals who made allegations against him. The adjudicating officer noted procedural shortcomings in the investigation and disciplinary process and found that the complainant had been treated without decency, humanity, and dignity. The matter was adjourned at the appeal stage.
Farah Damji, 55, a convicted fraudster who fled to Ireland in February 2020, faces extradition to the UK to serve the remaining 40 days of a nine‑month sentence imposed in her absence. The High Court, on 31 January, ordered her surrender and denied her application for a certificate to appeal. Mr Justice Paul Burns rejected the appeal, stating no uncertainty in law and no fundamental breach of her human rights, despite her lawyers' claim that UK prison mental‑health services could not adequately treat her complex PTSD. He granted a two‑week stay of the surrender, provided an appeal is lodged within 15 days of the order. Damji's legal team argued that extradition would violate her rights, but the judge found the argument speculative and refused leave to appeal. The case remains at the High Court stage, with Damji potentially appealing to the Supreme Court.
In a 2021 Supreme Court ruling, Ms Sharda Sobhy, a former Mauritius national who worked in Ireland from 2012 to 2019 without a valid work permit or residency permission, was denied maternity benefits. She had paid PAYE tax and her employer made PRSI contributions during that period. After regularising her residency in 2019, she applied for maternity benefit based on those PRSI payments, but the decision was upheld by the Chief Appeals Officer. She appealed to the High Court, where Justice Mark Heslin remitted the case back to the Chief Appeals Officer. The Supreme Court, in a unanimous decision delivered by Justice Marie Baker, dismissed her appeal, holding that an employment contract without a work permit is unlawful and therefore cannot be considered a "contract of service" under the Social Welfare Consolidation Act 2005.