Court archive
Tralee Circuit Criminal Court
2022-10-18 · Kerry
A 41-year-old man, Maciej Masznic, has failed in his appeal to have his conviction and seven-and-a-half year sentence for drugs offences overturned. Masznic had pleaded not guilty to five charges contrary to the Misuse of Drugs Act 1977. A jury found him guilty of being in possession of cannabis and methylamphetamine for unlawful sale or supply at his home address on February 18, 2015, with the drugs valued at over €13,000. He was later jailed by Judge Thomas E O'Donnell in July 2019 following a five-day trial. Masznic appealed, arguing that the judge did not instruct the jury on the concept of possession. However, the three-judge court, comprising Mr Justice John Edwards, court President George Birmingham, and Mr Justice Patrick McCarthy, dismissed the appeal. The court acknowledged the trial judge's failure to provide specific instructions on possession but noted that no complaint was made during the trial about the adequacy of the charge. The court stated that the trial was not unsafe or unsatisfactory and that the jury had received a clear explanation of possession from prosecuting counsel, which was endorsed by defence counsel in his closing speech. The appeal was dismissed, and the conviction remains in place.
2019-10-25 · Kerry
In 2016, Marcus O'Rourke (39) and Brian O'Sullivan (33) robbed the Waterville Post Office in County Kerry, pointing a firearm at postmistress Lisa O'Reilly Foran and using a crowbar. They stole €4,000–€5,000, broke a glass pane, and activated a panic alarm. Two Dutch tourists witnessed the event. After the robbery, the pair fled in a Mazda, driving at high speed on the narrow Ring of Kerry road, and later reversed into a Garda car, damaging it and endangering officers. Gardaí, believing the firearm was real, opened fire during the chase. Both men had prior convictions (43 for O'Rourke, 52 for O'Sullivan) but none of comparable gravity. They were sentenced to nine years' imprisonment, with the final two years suspended, and the sentence was upheld on appeal as appropriate for the seriousness of the offence. The nine‑year term was made consecutive to three‑year terms for separate drug offences. Marcus O'Rourke pleaded guilty. Brian O'Sullivan pleaded guilty.
2016-12-19 · Kerry
Cao Son Nguyen, a 30‑year‑old Vietnamese man with no fixed abode, was found asleep beside a toilet in a unit at the Clash Industrial Estate in Tralee, where cannabis plants potentially worth €1.4 million were growing. He had pleaded guilty to cultivation and to possession of cannabis for sale or supply on 21 October 2013. The original sentence of ten years imprisonment, with the last four years suspended, was imposed by Judge Tom E O'Donnell at the Tralee Circuit Criminal Court. On appeal, Nguyen's counsel, Philip Sheahan SC, argued that the case resembled a growhouse operation and that the DPP's charge of sale or supply was unusual. The Court of Appeal, led by Mr Justice Garrett Sheehan, agreed that the offence had been placed too high on the penalty scale and that Nguyen's circumstances differed from those of his co‑accused.