In a long‑running dispute over €2.34 billion of loans made by Anglo Irish Bank to Sean Quinn's companies, the parties have agreed to mediation. Retired Supreme Court judge and former President of the High Court, Mr Justice Joseph Finnegan, has been appointed as mediator. The Commercial Court adjourned the matter for mention to early October, with mediation expected to begin later that month. The action, launched in May 2011 and originally set for June 2011, has been repeatedly deferred, most recently to January 2016, due to related criminal proceedings against former Anglo executives. The Quinns allege the loans were used to prop up the bank's share price, while the bank and its liquidator, Kieran Wallace, deny that the Quinns acted as agents in disputed share pledges and guarantees. Legal costs for the Quinns' action are estimated at several million euros.
Tributes were paid to former Chief Justice and Attorney General John Murray on his retirement from the Supreme Court. He served as Chief Justice from 2004 to 2011 and had a 24‑year tenure on the bench. The Attorney General, Marie Whelan SC, praised his significant contribution to the law and the people of Ireland. He is Chairman of the Panel of Experts on the Election of Judges to the European Court of Human Rights, Chancellor of the University of Limerick, and Chairman of its Governing Authority. His wife Gabrielle and family attended the ceremony. The Chief Justice, Ms Justice Susan Denham, highlighted his legacy and passion for the Irish nation. The Bar Council, Law Society and Courts Service also paid tribute. Murray, born in Limerick, was called to the Bar in 1967, became Senior Counsel in 1981, served twice as Attorney General, and was a judge of the Court of Justice of the EU before his Supreme Court appointment.
The Director of Public Prosecutions has decided not to proceed with a prosecution against a woman from Ballyjamesduff, Co Cavan who had been charged in connection with her father's death in 1988. Sharon Cullen, 39, had faced a charge of unlawfully and maliciously causing grievous harm with intent to murder at an address in Crumlin, Dublin on 13 May 1988. The decision followed a Supreme Court ruling in October 2014 which dismissed the DPP's appeal against a High Court order that had halted the prosecution on grounds of delay. A nolle prosequi, formally discontinuing the case, was entered at the Central Criminal Court today.
Frank Cunningham, aged 30, was convicted of murdering Patrick Walsh, 27, in 2004 and sentenced to life imprisonment in 2005. He sought to have his conviction declared a miscarriage of justice, arguing that new Supreme Court rulings on solicitor access (Gormely and White, 2014) had been overlooked and that his admissions at Garda station should have been inadmissible. The Court of Appeal dismissed his application as an abuse of process, noting that he had inconsistently requested a solicitor and that no new facts had been presented. The court held that Cunningham's case could not be distinguished from a similar case (McKevitt) and that reopening a final conviction on the basis of a new precedent was not permissible. Consequently, Cunningham remains in prison to serve the remainder of his life sentence. Frank Cunningham pleaded not guilty.
Gail O'Rorke was found not guilty at the conclusion of an eight-day trial, where she faced a charge of attempting to assist the suicide of her friend, Bernadette Forde, by travelling to a euthanasia clinic in Switzerland. The finding of not guilty was delivered after a jury deliberation. Following the verdict, O'Rorke released a statement welcoming the result and thanking her legal team, the judge, jury, and gardaí for their support during the proceedings. Right-to-die campaigner Tom Curran, who was present throughout the trial, commented that the prosecution should never have taken place, citing the Supreme Court's 2013 ruling in the case of his late partner, Marie Fleming. Fleming had challenged the ban on assisted suicide, and the Supreme Court found against her but noted that the Director of Public Prosecutions may use discretion in such cases. Curran expressed shock that charges were brought against O'Rorke after this ruling, arguing that the law is flawed given public opinion. He described the day as a celebration for O'Rorke, who he said was relieved and emotional. Curran, an Irish representative for Exit International, stated that Forde had a peaceful death and that the matter should now be left behind to prevent similar trials.
At the appeal stage, Mark Farrelly (43) and Christopher Corcoran (67), previously convicted in 2009 for their roles in a 2005 tiger raid involving the robbery of €2.28 million from Mr Richardson and Securicor Security Services Ireland Ltd, were found not guilty by direction. The ruling followed a decision by Judge Mary Ellen Ring that mobile phone records could not be used as evidence in the case. Both men had pleaded not guilty to the charges of falsely imprisoning the Richardsons at Ashcroft, Raheny on the night of March 13 and 14, 2005, and the robbery of €2.28 million in cash. They had been sentenced to 25 years and 12 years respectively in 2009, but their convictions were overturned in 2012 due to a Supreme Court ruling on the unconstitutionality of search warrants. A retrial in 2013 ended in a hung jury. The current appeal concluded with the matter being adjourned, as the jury was directed to find the men not guilty, and no retrial will take place. The legal argument centred on the admissibility of mobile phone records, with the defence relying on the 1992 Cochrane ruling. The case has had a lasting impact on the Richardson family, who have not retrieved the stolen cash and continue to be affected by the events ten years later.
A man originally from Sligo has failed in his bid to have his conviction appeal heard by the Supreme Court following an attack on his former partner in Dublin in 2009. Fergal McNulty was convicted by Dublin Circuit Criminal Court of assault causing harm and assault causing serious harm after striking the woman on the face, causing permanent facial scarring. He was sentenced to eight years imprisonment in July 2012. The Court of Criminal Appeal dismissed his initial appeal in March, finding the conviction was safe. McNulty's legal team subsequently applied for Supreme Court referral, arguing the case raised a point of law of exceptional public importance concerning jury instruction on alibi defences. On Wednesday, the Court of Criminal Appeal, comprising three judges, rejected this application. The court determined that no point of law of exceptional public importance had been established and that it was not in the public interest to refer the matter to the Supreme Court. Fergal McNulty pleaded not guilty.
Warren Dumbrell, aged 40, and his brother Jeffrey, aged 34, were sentenced to life imprisonment in February 2011 after being convicted of murdering Christopher Cawley, a father of six, outside his flat in Inchicore on 29 October 2006. The brothers had pleaded not guilty and were found guilty in 2008, but the Court of Criminal Appeal deemed the conviction unsafe in July 2010 because of remarks made by Mr Justice Paul Carney during a lecture he delivered while presiding over the case. The court ordered a retrial, and the brothers were convicted again. In 2014, Dumbrell's counsel, Michael O'Higgins SC, applied to the Court of Criminal Appeal to determine whether Dumbrell's failed appeal involved a point of law of exceptional public importance and whether it should be taken to the Supreme Court.
Eric Eoin Marques, an Irishman alleged to be the owner of Freedom Hosting, is to seek a Supreme Court appeal regarding the Director of Public Prosecution's decision not to prosecute him in Ireland. Marques, who resides at Mountjoy Square in Dublin, is wanted by US authorities on charges including conspiring to distribute and advertise child pornography. He has been in custody since August last year after being refused bail due to flight risk concerns. In December, the extradition court noted the DPP declined to bring proceedings, despite a letter indicating Marques would plead guilty if charged locally. Last month, Mr Justice John Edwards refused Marques leave to challenge this decision via judicial review. The High Court heard today that his legal team will appeal to the Supreme Court. An application to stay extradition proceedings is scheduled for October 23. Mr Justice Edwards remanded Marques in custody until that date. US authorities describe him as the "largest facilitator of child porn in the world," alleging he hosted sites containing violent images of pre-pubescent children. FBI Special Agent Brooke Donahue made this description to the court. It was alleged that gardai found evidence on his computer of direct knowledge and administrator access to these sites. Marques is also alleged to have used a fraudulent US passport image to access foreign hosting companies. The court heard that if convicted, the four charges could result in a sentence totalling 100 years, potentially meaning the remainder of his natural life in prison.
High Court judge Mr Justice John Edwards granted leave to appeal to the Supreme Court for two convicted murderers facing extradition to the UK. The applicants are Anthony Craig, 66, and Michael Anthony Balmer, 62. Craig was convicted in 1973 of murdering a man in Blackburn, England, and escaped from an English prison before being arrested in Ireland in 2013. Balmer, with a last address in Cornwall, was sentenced to life imprisonment in 1984 for killing a woman in Devon, England, in 1983. He was conditionally released in 2011, but his license was revoked in 2012, leading to his arrest in Cork. In July, Mr Justice Edwards indicated he was disposed to surrender both men to UK authorities. Counsel for both applicants argued that surrendering them to serve the balance of their life sentences, after serving the punitive tariff, would constitute preventative detention, violating Article 40.4 of the Irish Constitution. The Minister for Justice argued the issues were not of exceptional public importance. However, Mr Justice Edwards determined that the legal question was of exceptional public importance and in the public interest for the Supreme Court to decide. He reformulated the question to address whether such surrender contravenes the Constitution and is prohibited under the European Arrest Warrant Act 2003. The matter was adjourned until October 28, pending the availability of the approved judgment in the Balmer case, after which counsel may serve notice of appeal. No final order was made at this stage.
A man convicted of murder in England in 1973 appeared before the High Court in connection with extradition proceedings. Anthony Craig, aged 66, had escaped from an English prison and subsequently lived in counties Cork and Leitrim before his arrest in February 2013 on foot of a UK extradition warrant. In July, Mr Justice John Edwards determined that Craig should be surrendered to the United Kingdom authorities. Craig now seeks leave to appeal that decision to the Supreme Court. Ms Cathleen Noctor BL, representing the Minister for Justice and Equality, informed the court that written submissions from Craig's legal representatives had been received and would be reviewed. Mr Justice Edwards remanded Craig on continuing bail pending a further hearing scheduled for October 7th.
In 2010 a man was convicted by a jury at the Central Criminal Court of rape, buggery and 44 counts of indecent assault against his two daughters, aged between five and eleven. He was sentenced to concurrent terms totalling two and a half years, two years of post‑release supervision and registration on the sex offenders' register. The daughters, who could not be named, described the abuse as devastating and called the father "evil." The man, now in his eighties and released from prison, maintains his innocence and claims his conviction is unsafe. He appealed to the Court of Criminal Appeal, which dismissed the appeal, and then sought to have the Supreme Court consider his case. The Supreme Court, sitting with three judges, found no point of law of exceptional public importance and refused to refer the appeal. The judges noted that other legal avenues remain available to the appellant.
In April 2011, David Patchell, aged 25, was sentenced to life imprisonment for the murder of Stephen O'Halloran, who was shot to death in a car on Kilmartin Drive, Tallaght, on 19 January 2009. Patchell, a former Shamrock Rovers under‑21 player, denied the murder but was found guilty by a Central Criminal Court jury. He was also cleared of attempting to murder two other men but convicted of causing them serious harm on the same occasion. During the trial, Patchell admitted participation in the shooting, claiming he acted under duress because he was threatened that he and his parents would be killed if he did not take part. His defence counsel sought to use duress as a defence, a first for a murder case in Ireland. The Court of Criminal Appeal ruled that duress is not available for murder. Patchell appealed to the Supreme Court, arguing a point of law of exceptional public importance.
The Supreme Court has dismissed Catherine Nevin's bid to appeal her conviction for murdering her husband, Tom Nevin, at Jack White's Inn near Brittas Bay, Co Wicklow, in 1996. Nevin, a 61-year-old who has always denied involvement, was jailed for life in 2000 and received a concurrent seven-year sentence for soliciting William McClean, Gerry Heapes, and John Jones to kill her husband in 1989 and 1990. Having previously lost an appeal in 2003 and a miscarriage of justice application in 2010, Nevin argued that the Court of Criminal Appeal incorrectly applied the rule against the contradiction of collateral matters regarding witness credibility. Her legal team contended that undisclosed garda "Suspect Antecedent History" forms, later revealed by journalist Niamh O'Connor, should have been available to the defence at trial. Mr Justice Adrian Hardiman, presiding, rejected this argument as a "fundamental and pretty radical misconception." He stated that the forms were not evidence but working papers, and that the disclosure via a newspaper leak did not entitle the defence to them retrospectively. The Court found the application contained "absolutely no points of any merit whatsoever" and dismissed it, noting the case had been entertained at "patient and perhaps excessive length."
The Supreme Court set aside a High Court decision that had conditionally allowed a liquidator to accept a higher offer from Midland Web Printing Ltd for the troubled Buy and Sell magazine. The Court ordered fresh bids to be submitted. Bernard Dunleavy Bl, acting for provisional liquidator Neil Hughes, informed the Court that Demirca Ltd had tendered the highest bid and had signed a contract confirming its acquisition. The amounts were not disclosed, but Justice Frank Clarke noted a "very significant difference" between Demirca's bid and those of its rivals. The Court, presided over by Justice Clarke with Justices Elizabeth Dunne and Mary Laffoy, said it would give reasons for setting aside the High Court decision later and that the fresh bidding process would benefit creditors. Earlier, at the High Court, Justice Gerard Hogan had approved Midland's bid, which was to be executed on 1 May, but Demirca appealed that decision.
Catherine Nevin has applied to have her murder conviction appeal heard by the Supreme Court in July. The Court of Criminal Appeal confirmed a hearing on 7 July, expected to last one hour, and granted a production order for Nevin to present her case. Nevin, 61, was convicted in 2000 of murdering her husband Tom Nevin at Jack White's Inn near Brittas Bay, Co Wicklow, and also received a seven‑year sentence for soliciting men to kill him in 1989 and 1990. She has denied any involvement and lost a prior appeal in 2003.
Michael McKevitt, a former Real IRA leader, lost his latest attempt to have his appeal over a 2003 conviction for directing terrorism heard by the Supreme Court. He argued that a 2012 Supreme Court ruling had found a Garda search warrant used in a separate case invalid because it was issued by a Garda superintendent involved in the case, and claimed a warrant used to search his home was similarly invalid. The State rejected his claims, arguing the 2012 decision could not be applied retrospectively and that McKevitt had not challenged the use of evidence gathered under the warrant during his trial. The Court of Criminal Appeal, comprising Justices John MacMenamin, Brian McGovern and John Edwards, found McKevitt's application "entirely misconceived" and refused to refer it to the Supreme Court. McKevitt, 63, from Blackrock, Co. Louth, denied the charges on which he was jailed and had previously lost appeals in 2005 and 2008.
In 2011, Noel Holland, aged 40, was sentenced to eight years in prison by Mr Justice Paul Carney at the Central Criminal Court for sexually assaulting an 18‑year‑old girl at his home. Holland had invited the victim to his house under the pretense of arranging a taxi, then assaulted and attempted to choke her. The victim later sent text messages to her family while Holland was in the bathroom, and she is now deceased. Mr Justice Carney declared Holland a sex offender, suspended the final three years of the sentence, and imposed five years of post‑release supervision, ordering him to keep away from the victim. Holland appealed the sentence's severity to the Court of Criminal Appeal, which upheld the sentence as entirely appropriate. Noel Holland pleaded guilty.
Political activist Ben Gilroy was sentenced to a four-week suspended prison term after being found in contempt of court orders regarding the receivership of a Co Kildare stud farm. The proceedings were brought by joint receivers Mark Reynolds and Glenn Crann, who alleged Gilroy was centrally involved in events on August 28 and 31 last year when protesters forced security staff off the property. Gilroy, representing himself, denied the allegations, arguing he was merely an observer invited by Charles Allen and that the court orders were invalid. Mr Justice Seán Ryan rejected these arguments, ruling that Gilroy committed a flagrant and serious breach of injunctions against trespassing. The judge found Gilroy instrumental in creating a tense and dangerous situation, though he acknowledged other parties, including landowner Eugene McDermott and Mr Allen, had also played leading roles. Considering the land had been sold and the actions of Gardaí and security personnel, the judge determined a suspended sentence was appropriate, noting that actual imprisonment was not required. Gilroy was also ordered to pay the receivers' legal costs. He stated he would appeal the verdict to the Supreme Court. The judge dismissed Gilroy's request to recuse himself, noting his separate impeachment motions were unrelated to the court's proceedings.
In a South Dublin case, 19‑year‑old Tadhg Costello, who had been sentenced to six years for attempted murder of Josh Leahy, will begin serving his term after a failed bail application. Costello had originally pleaded not guilty but later pleaded guilty when a trial judge ruled that garda interview recordings were admissible. The Supreme Court had recently quashed an attempted rape conviction on the basis that suspects who request a lawyer cannot be questioned until legal advice is obtained, but the Court of Criminal Appeal rejected the argument that this ruling affected Costello's bail. The appeal court held that the trial judge's decision was based on credible evidence that Costello and his mother had been informed of their right to a solicitor. Costello will be taken into custody at Dun Laoghaire garda station on Friday to start his sentence.
A man's indecent assault conviction has been quashed by the Court of Criminal Appeal in the first case decided under a recent Supreme Court ruling on suspect interrogation rights. The man, now aged 45, had been sentenced to two years imprisonment in April 2012 after conviction on two counts by jury at Naas Circuit Criminal Court. The alleged offences dated to December 1986 and 1987 in County Kildare. The applicant's counsel argued that a garda interview conducted before the man received legal advice breached his constitutional rights, citing the Supreme Court's March 2014 decision in DPP v Gormley, which established that suspects requesting a solicitor cannot be questioned until receiving legal advice. Presiding judge Mr Justice John MacMenamin found the case fell squarely within Gormley's principles. He noted the applicant's solicitor was en route to the station when questioning proceeded, and determined the interview material was inadmissible. The court allowed the appeal and declined to order a retrial, given the applicant had already served his sentence. The unnamed 45-year-old pleaded not guilty.
Two Dublin men, Kenneth Brunell and Barry McArdle, aged 27, are wanted in Holland for the murder of Keith Ennis, 29, whose dismembered body was found in an Amsterdam canal in 2009. They were arrested in Ireland on extradition warrants issued in 2011. A third man, Philip County, 31, had already been extradited to Holland in April 2011. Irish Judge John Edwards ordered their surrender to Holland but the men's lawyers argued that Dutch authorities abused process by drafting a prosecution instead of an investigation to secure extradition. Edwards acknowledged a potential problem in Irish law regarding judicial oversight of European Arrest Warrants and sent a question to the Supreme Court. He remanded Brunell to Cloverhill prison pending surrender, while McArdle, serving a domestic sentence, was remanded until 9 November 2017 with a postponed release order pending appeal. The case remains pending before the Supreme Court.
In a High Court hearing on 25 March 2014, Mr Justice John Edwards refused to grant a stay on the extradition of Ali Charaf Damache, an Algerian‑born Irish citizen aged 48, who is wanted in the United States on international terrorism charges. Damache's lawyers argued that the extradition should be postponed while he appeals two earlier refusals by the Director of Public Prosecution to prosecute him in Ireland. The Supreme Court has been notified of these appeals, and the counsel for Damache said the extradition proceedings should await the Supreme Court's decision. Mr Justice Edwards said he was not persuaded by the arguments presented and that the balance of convenience did not favour a stay. The case was re‑listed for 6 May 2014. If convicted, Damache faces a potential 45‑year sentence in the United States.
In a case heard at the Central Criminal Court, 18‑year‑old Tadhg Costello of Richmond Hill, Monkstown, pleaded guilty to attempted murder of 17‑year‑old Josh Leahy, who was stabbed six times in the back after a nightclub altercation on 30 May 2012. Costello had earlier pleaded not guilty to assault causing harm and unlawful possession of a knife, but changed his plea to guilty on the fifth day of the trial. The sentencing hearing was adjourned for two to three weeks to allow the defence to consider a Supreme Court judgment that quashed an attempted rape conviction on the basis that suspects who request a lawyer cannot be questioned by Gardaí until they receive legal advice. The Supreme Court decision was delivered by Justice Paul Butler, who remanded Costello on continuing bail for sentencing on 21 March.
In a 2014 Supreme Court case, the Court of Criminal Appeal has set aside a decision on whether to grant Michael McKevitt, a 64‑year‑old former Real IRA leader, leave to appeal his conviction for directing terrorism. McKevitt was the first person in Irish history to be jailed for directing terrorist activities, following a 2003 conviction. He also lost a 2002 appeal against a civil ruling that found him liable for the Omagh bombing. McKevitt's lawyers argue that the conviction should be set aside because the search warrant used to raid his home was issued under section 29 of the Offences Against the State Act, which the Supreme Court later ruled was unconstitutional. Counsel Michael O'Higgins SC asked the Court to consider whether evidence obtained under an unconstitutional provision constitutes a newly discovered fact and whether a convicted person can raise such a point after finality. The Court of Criminal Appeal has reserved its decision for a later date.
Brian Rattigan, aged 32, lives on Cooley Road, Drimnagh, Dublin. He was convicted of murder in 2009 after stabbing Declan Gavin, aged 21, outside a Crumlin Shopping Centre restaurant on 25 August 2001. The jury found him guilty and he received a life sentence. He also serves 17 years for directing heroin supply while imprisoned. In February the Court of Criminal Appeal dismissed his appeal against the murder conviction. In December the CCA asked the Supreme Court to refer the case, citing exceptional public importance. The case was reheard today because the CCA judge, Mr Justice Michael Hanna, is seriously ill. Mr Brendan Grehan SC argued the trial was unfair because a witness whose statement was read into evidence could not be cross‑examined and that the trial judge overstepped jurisprudence.
Catherine Nevin, aged 61, has requested that her appeal against a life sentence for the murder of her husband Tom Nevin be heard by the Supreme Court. She argues the case raises exceptional points of law and is in the public interest for the Supreme Court to decide. The Court of Criminal Appeal, presided over by Mr Justice Adrian Hardiman, will hear the appeal in the next court term, starting 13 January 2014, with a hearing expected to last one hour. Nevin has previously denied any involvement in the murder and lost a 2003 appeal.