Court archive
Wexford Circuit Criminal Court
2022-04-07 · Wexford
The Court of Appeal has dismissed the appeal of an unnamed 71-year-old man, upholding his conviction for three counts of sexual assault contrary to Section 2 of the Criminal Law (Rape) (Amendment) Act 1991. The appellant was originally convicted by a jury at Wexford Circuit Criminal Court in June 2019, following a trial presided over by Judge Cormac Quinn. He was sentenced to six years' imprisonment, with the final 12 months suspended, resulting in an effective custody period of five years. The charges related to alleged assaults on his nine-year-old granddaughter, who was babysitting at his home between 2015 and 2016. The appellant challenged the conviction on two grounds: first, that the trial judge failed to issue a corroboration warning regarding the complainant's uncorroborated evidence; and second, that the judge erred by not directing a verdict of not guilty for assaults occurring prior to a specific wedding night. In a judgment delivered by Ms Justice Úna Ní Raifeartaigh, sitting with Mr Justice John Edwards and Ms Justice Isobel Kennedy, the appellate court rejected both submissions. The court found the trial judge was within his discretion to omit the corroboration warning, noting the complainant's evidence was not vague or unusual. Furthermore, the court determined it was proper for the trial judge to leave the case to the jury based on the totality of the evidence, rather than removing it. Consequently, the conviction stands.
2020-09-08 · Wexford
In September 2018, Bernard Joyce, 45, of Newtown, Beauparc, Slane, was found guilty of possessing €911,600, the proceeds of criminal conduct, under the Money Laundering and Terrorist Financing Act 2010. Garda Stephen Burke described how the cash was concealed in two gear bags inside a hollow section of a camper van, wrapped in brown sellotape and surrounded by onions to deter a sniffer dog. The cash was recovered at Arnestown, Foulksmills, Co Wexford. Joyce pleaded guilty and was sentenced to five years' imprisonment, with the final two years suspended on the condition of a €200 bond while in prison and after release for two years. The DPP appealed, arguing the sentence was "unduly lenient" and that the judge had not adequately considered the amount of cash, its concealment, and Joyce's attempt to flee. The Court of Appeal has reserved its judgement.
2018-06-26 · Dublin
Jason Byrne, a 38-year-old from Clondalkin, Dublin 22, has lost his appeal against his conviction. Byrne had pleaded not guilty at Wexford Circuit Criminal Court to a series of offences, including three counts of burglary, one count of aggravated burglary, assault causing harm, and unauthorised use of a vehicle, allegedly committed in the south-east in 2008 and 2009. Following a lengthy trial, a jury found him guilty, and Judge Barry Hickson sentenced him to six years imprisonment on April 15, 2016. The Court of Appeal, presided over by Mr Justice George Birmingham with Mr Justice Alan Mahon and Mr Justice John Hedigan, dismissed the appeal, holding that the trial was satisfactory and the conviction safe. The prosecution alleged Byrne was part of a gang targeted by An Garda Síochána's Operation Slope. Key evidence came from Des Kavanagh, an accomplice in the Witness Protection Programme, who implicated Byrne in incidents including a burglary at Bunclody and an assault at an Esso filling station. Byrne's lawyers argued Kavanagh's evidence lacked credibility and transparency. However, the Court of Appeal noted the trial judge had issued clear warnings to the jury regarding the dangers of relying on such evidence. The court concluded that the matter was quintessentially for the jury to decide, and they were content to convict based on the evidence presented.
2018-02-23 · Galway
The Court of Appeal has dismissed the appeal by Ciaran Folan, a garda, against his conviction for using a false driving licence. Folan, of Fethard-on-Sea, had pleaded not guilty to four counts alleging he knowingly used a false instrument and a document containing a false statement on February 13, 2009. He was found guilty by a jury at Wexford Circuit Criminal Court and fined €3,000 by Judge Barry Hickson on December 13, 2013. The appeal court, led by Mr Justice George Birmingham, stated it was not persuaded that the trial was unsatisfactory or the verdict unsafe. The conviction stemmed from an investigation into Folan's driving skills, which revealed he had never sat a driving test despite claiming to hold a valid licence. His brother, Brendan Folan, a Galway County Council employee, was charged with forging the licence and corruption offences. Although Brendan Folan was acquitted of these charges in Galway, the Court of Appeal ruled this did not prevent Ciaran Folan's trial in Wexford. The court rejected arguments that the trial judge erred in permitting the prosecution to proceed or in adding counts 3 and 4 to the indictment. The appeal was dismissed, leaving the original conviction and fine intact.
2017-11-13 · Wexford
Joseph Berry, aged 30, was jailed for his part in the theft of an ATM from a Maxol/Mace service station in Enniscorthy on 24 July 2009. The ATM, owned by Ulster Bank, contained €205,100 at the time of removal. Berry had pleaded guilty to theft and related offences and was originally sentenced to four years' imprisonment by Judge Barry Hickson on 28 June 2016. On appeal, the Court of Appeal found that the Circuit Court had not given enough weight to mitigating factors such as Berry's youth, guilty plea and clean record. The Court suspended the final nine months of a new four‑year term, re‑sentencing Berry to four years with the suspended portion, and backdated the sentence to 9 December 2015 to account for time spent in German custody awaiting extradition. The decision was made by Judges Alan Mahon, Michael Peart and George Birmingham. The appeal was granted on 13 November 2017.
2017-05-04 · Wexford
Thomas Berry, aged 43 and resident of Bunclody, Co. Wexford, was convicted of theft and related offences for his part in a 2009 ATM robbery at a Maxol service station on Bellefield Road, Enniscorthy. The robbery involved a JCB digger that was hot‑wired by Berry and other gang members to move the ATM, which contained €205,100, into a trailer for escape. Berry was found guilty by a jury at Wexford Circuit Criminal Court and sentenced to five years' imprisonment, with the final three months suspended. He appealed the conviction, but the Court of Appeal, in a unanimous decision, dismissed his appeal on all grounds. The court upheld the original conviction, confirming the jury's finding that Berry was one of the raiders. The appeal was rejected by Judges George Birmingham, Alan Mahon and John Edwards. The case remains at the conviction stage. Thomas Berry pleaded not guilty.
2017-04-24 · Wexford
A 47‑year‑old man was sentenced to nine years in prison for sexually assaulting his daughter and two other girls under 13 between 1997 and 2009. He pleaded not guilty to 18 counts, but a jury found him guilty and Judge Alice Doyle imposed three consecutive three‑year sentences on 10 June 2015. He appealed the conviction on all but three counts involving one victim; the Court of Appeal upheld the conviction on the remaining count. On 24 April 2017 the Court of Appeal reduced his sentence by two years, giving a total of seven years – consecutive sentences of three, two and two years. The court noted the seriousness of the offences, the duration of the offending period, the multiple young victims, the nature of the abuse and the man's limited intellectual capacity, but did not suspend any portion of the sentence.
2017-02-23 · Wexford
A 25‑year‑old man, who was a school student when he committed the offence, was sentenced to two years' imprisonment for sexually assaulting a woman in a hotel room in Wexford on 11 October 2008. The jury found him guilty on a 10‑2 verdict. On appeal the Court of Appeal held that, given his youth at the time of the offence – he was 17 – and his progress since, the sentence should have been structured differently. The man was re‑sentenced to two years' imprisonment with the final nine months suspended. The court directed that any unserved portion of the sentence be suspended from 30 May to allow him to resit exam papers he had not passed. He must also enter a good‑behaviour bond, participate in a sex offenders programme and work with probation services on alcohol awareness, with 15 months of post‑release supervision. The unnamed 25-year-old pleaded not guilty.
2016-10-11 · Wexford
John Joe Synnott, aged 61, a former Garda, was convicted of deception and corruption for staging a non‑existent road traffic accident on 9 September 2007. He had reported an Audi A4 colliding with a parked Subaru Imprezza, creating a PULSE incident report and a Traffic Accident Preliminary Report, and paid out €23,352 to the drivers, Beverley Redmond and Lorraine Quinlan, through AXA Insurance. The prosecution argued that Synnott deliberately assisted the drivers and Joe Redmond, a friend and known criminal, in fraud. He was found guilty on all counts and sentenced to three years' imprisonment, with the final two years suspended. Synnott appealed on grounds relating to the judge's jury instructions, but the Court of Appeal dismissed the appeal. He remains in custody on an undisclosed matter and is no longer a serving Garda. John Joe Synnott pleaded not guilty.
2016-05-27 · Wexford
A 46‑year‑old man was convicted of 18 counts of sexual assault against three women, with offences dated between 1997 and 2009. He pleaded not guilty and was found guilty by a jury at Wexford Circuit Criminal Court, receiving a three‑year prison sentence from Judge Alice Doyle on 10 June 2015. His barrister, Rosario Boyle SC, has lodged an appeal on several grounds, arguing that the trial judge failed to draw the jury's attention to key evidence. Boyle contends that one complainant admitted the abuse began in early 1999 and that the alleged abuse occurred in view of a nearby hatch, and that the jury should have considered whether abuse was likely under those circumstances. She also points to inconsistencies in the complainants' statements and a failure to inform the jury of prior allegations.
2016-04-18 · Wexford
John Joe Synnott, a 60‑year‑old Garda from Camblin Hill, New Ross, was convicted in 2011 of deception and corruption related to an alleged car crash that never occurred. He pleaded not guilty to three charges concerning a reported traffic accident on 9 September 2007, but a jury found him guilty on all counts. The judge sentenced him to three years' imprisonment, suspending the final two years. Synnott had been the investigating officer who reported that an Audi A4 had collided with a parked Subaru Imprezza, leading AXA Insurance to pay €23,352. He admitted calling the Garda Information Service to report the accident and not attending the scene. In October 2011 he was granted bail pending an appeal, which was opened today on several grounds, including alleged misdirection of the jury and improper definition of "induced.".
2016-03-18 · Wexford
In March 2016 the Court of Appeal quashed the convictions of Eleanor Joel, aged 41, and her partner Jonathan Costen, aged 43, for the unlawful killing of Joel's mother, Evelyn, aged 59, by neglect. The original 2013 conviction had followed a retrial in which a jury found the couple guilty of manslaughter and imposed a two‑year suspended sentence with a requirement of 230 hours of community service. The appeal was based on procedural errors, including the replacement of a juror without the presence of Joel's legal advisers, and on substantive grounds such as the failure of the Health Service Executive to provide adequate care in the final months of Evelyn's life. The Court held that the trial was unsatisfactory and that the convictions were quashed. The Director of Public Prosecutions confirmed that no retrial would be sought, leaving the case closed without further criminal proceedings. Jonathan Costen pleaded not guilty.
2016-02-18 · Wexford
A major road haulage firm, Roadteam Logistic Solutions (formerly Nolan Transport Limited), was fined €1 million for inadequately securing steel coils that slid off a trailer, killing two motorists and injuring four others in a 2007 accident near Thomastown, Co. Kilkenny. The company pleaded guilty to breaching the Safety, Health and Welfare at Work Act. The fine, imposed by Mr Justice Raymond Fullam in 2013, was the maximum of €3 million but was reduced to €1 million. Roadteam appealed, arguing the penalty was disproportionate to a single omission, but the Court of Appeal dismissed the appeal, finding the fine "just and proportionate" given the gross dereliction of duty and the serious harm caused. The €1 million fine is to be paid over three years. The case highlighted the company's failure to secure heavy loads properly, leading to a fatal road incident.
2016-02-02 · Wexford
Roadteam Logistic Solutions, formerly Nolan Transport Limited, was fined €1 million by Wexford Circuit Criminal Court for breaching section 12 of the Safety, Health and Welfare at Work Act 2005 after a 2007 road accident that killed two women. The company pleaded guilty to a breach of health and safety laws involving an unsecured load that caused the fatalities and injuries to three others. On 25 February 2013, Mr Justice Raymond Fullam imposed the fine, citing the seriousness of the offence and the company's failure to secure the load. The company has now lodged an appeal, arguing that the judge erred in describing the case as "the worst" before the Circuit Court, that the fine was disproportionate to an omission rather than a deliberate act, and that the company had complied with warnings and expressed regret.
2015-10-06 · Wexford
In 2013, a jury at Wexford Circuit Criminal Court found 41‑year‑old Eleanor Joel and her 43‑year‑old partner Jonathan Costen guilty of unlawfully killing 59‑year‑old Evelyn Joel by neglect. The conviction followed a retrial after an earlier trial in 2006. Judge Seán O'Donnabháin imposed a two‑year suspended sentence, conditional on 230 hours of community service. The couple now appeal on grounds that the HSE, the true cause of death, the judge's refusal to transfer the case out of Wexford, the replacement of a juror without defence counsel, and Costen's alleged duty of care were mishandled. Counsel for Eleanor, Rosario Boyle SC, argued that the pair had legal responsibility for Evelyn's care while she stayed at Eleanor's home, and that the jury was told not to consider HSE negligence. Jonathan Costen pleaded not guilty.
2015-03-11 · Wexford
In January 2006, Evelyn Joel, a 59‑year‑old MS sufferer, was unlawfully killed by neglect in Co. Wexford. Her 41‑year‑old daughter Eleanor and her partner Jonathen Costen, aged 43, were found guilty by a jury at Wexford Circuit Criminal Court. Judge Seán O'Donnabháin imposed a two‑year suspended sentence on each, conditional on 230 hours of community service. The pair have now decided to appeal their convictions. Meanwhile, the Director of Public Prosecutions is appealing the sentences, arguing they were unduly lenient. The DPP's appeal is scheduled for hearing on 29 and 30 April, with a time limit set for Ms. Joel to file submissions on the undue‑leniency application. Ms. Joel's barrister, James Browne, requested one week for submissions and was granted two. The DPP received Ms. Joel's submissions and has been given four weeks to reply. The pair were not present at the Court of Appeal hearing before President Mr. Justice Seán Ryan. Jonathen Costen pleaded not guilty.
2014-12-09 · Meath
Thomas McDonagh, aged 21, was jailed for three years after hijacking a taxi on 27 March 2012 in Dublin. He forced the driver to take him and his 16‑year‑old cousin Bernard McDonagh into the vehicle. The taxi later crashed near Slane Castle in County Meath, killing Bernard hours after the collision. McDonagh suffered serious injuries, including a broken spine and brain damage, and now has epilepsy and other medical problems. He was already on bail for a 2011 robbery and had a six‑year sentence for that offence. Judge Mary Ellen Ring suspended the last two years of a five‑year sentence on the condition that McDonagh engage with Probation Services after release. The sentence runs consecutively to the sentence he is currently serving. The court heard McDonagh apologized and expressed remorse, and noted his history of ten previous convictions, including robbery.