Courts / Dublin / Report

Judge's illness may force appeal court to re-hear high-profile cases, including that of Anthony Lyons

Date
2014-01-22

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

The Court of Criminal Appeal announced that several appeals may require re-hearings due to the serious illness of Mr Justice Michael Hanna. Chief Justice Susan Denham stated that cases where judgement was reserved and no final decision determined will be reconstituted. This includes the appeal by former priest Tony Walsh (59), who is challenging separate sentences of 16 years and 15 months for rape and sexual abuse. It also affects the case of businessman Anthony Lyons (52), where the court previously found his six-month sentence for violent sexual assault "unduly lenient" but reserved reasons and the replacement sentence. Counsel for the DPP requested time to take instructions on the appropriate course. Additionally, the appeal by Brian Rattigan (32), serving a life sentence for the 2001 stabbing death of Declan Gavin, may need re-hearing as he seeks leave to appeal to the Supreme Court. The court fixed February 14 for the re-hearing of the conviction appeal by brothers Warren and Jeffrey Dumbrell, who were jailed for life for the murder of Christopher Cawley. In contrast, the case of Kevin McCardle (31), who caused three deaths in a head-on collision while over the alcohol limit, will not be reheard. Although the court found his four-year sentence (one suspended) "unduly lenient," judgement has been returned, and only the sentencing portion of his case has been adjourned.

Who, what, where, when and why

What: Report matter: Judge's illness may force appeal court to re-hear high-profile cases, including that of Anthony Lyons. Procedural stage: appeal

When:

December 2011 Hearing Or Sentence
December 2009 Hearing Or Sentence
August 25, 2001 Hearing Or Sentence
February 14 Hearing Or Sentence
October 2011 Adjournment
2014-01-22 Publication

Why: A number of cases before the Court of Criminal Appeal, including the case against sex-attacker Anthony Lyons, may have to be reheard because a High Court judge has fallen seriously ill. CNI source report

Case subjects

Anthony Lyons

Appellant

Outcome: In November last year the Court of Criminal Appeal found that the six-month custodial sentence imposed on businessman Anthony Lyons (52) for a violent sexual assault was "unduly lenient" but reserved the reasons for its judgement and later reserved its decision on what sentence should be imposed in its place.; The case of Kevin McCardle (31), who caused the deaths of three people in a head-on collision after driving on the wrong side of the road having drank almost three-and-a-half times the legal alcohol limit, will not have to be reheard as judgement has been returned and only the sentencing portion of the case has been adjourned.

Brian Rattigan

Applicant

Outcome: Rattigan is serving a life sentence in Portlaoise prison having been found guilty by a jury in December 2009 of stabbing 21-year-old Declan Gavin to death outside an Abrakebabra fast-food restaurant in Crumlin on August 25, 2001.; The case of Kevin McCardle (31), who caused the deaths of three people in a head-on collision after driving on the wrong side of the road having drank almost three-and-a-half times the legal alcohol limit, will not have to be reheard as judgement has been returned and only the sentencing portion of the case has been adjourned.