Courts / Cork / Report
Priest who hired "CIRA" to threaten nephew loses appeal against jail sentence
Summary
A priest who was jailed for hiring men who claimed to be from the Continuity IRA to issue death threats and intimidate his nephew into dropping legal action against him has lost his appeal against his sentence. Francis Kelleher (60), from Cloughduv, pleaded guilty to four counts of coercion in relation to compelling his nephew to abstain from doing an act he had a lawful right to do between June 2012 and January 2013. He was sentenced to four years imprisonment by Judge Seán Ó Donnabháin at Cork Circuit Criminal Court on April 30, 2015. Dismissing Kelleher's appeal against the severity of his sentence today, Mr Justice Alan Mahon stated that an attempt to stop an individual from pursuing legal proceedings was a very serious matter, even where the threats may be mild. The judge noted that the threats were 'particularly nasty' and caused significant fear for Kelleher's nephew and his family. The use of the Continuity IRA's name to instill maximum fear was described as 'particularly reprehensible'. Kelleher's barrister, Thomas Creed SC, argued that his client was a 'broken man' and that a portion of his sentence should have been suspended. However, Mr Justice Mahon stated that the sentence imposed was within the sentencing judge's discretion, given the number of offences and their nature. The appeal was dismissed by Mr Justice Mahon, who sat with Mr Justice George Birmingham and Mr Justice Paul Butler.
Who, what, where, when and why
What: Report matter: Priest who hired "CIRA" to threaten nephew loses appeal against jail sentence. Charges or matters: four counts of coercion in relation to compelling his nephew to abstain from doing an act he had a lawful right to do on dates between June 2012 and January 2013. Procedural stage: appeal
When:
- June 2012 Hearing Or Sentence
- January 2013 Hearing Or Sentence
- April 30, 2015 Hearing Or Sentence
- 2016-02-29 Publication
Case subjects
Applicant
Outcome: Dismissing Kelleher's appeal against the severity of his sentence today, Mr Justice Alan Mahon said an attempt to stop an individual from pursuing legal proceedings was a very serious matter even where the threats may be mild.
Appellant
Charges: four counts of coercion in relation to compelling his nephew to abstain from doing an act he had a lawful right to do on dates between June 2012 and January 2013 (Admitted)
Plea: Guilty
Outcome: He was sentenced at Cork Circuit Criminal Court to four years imprisonment by Judge Seán Ó Donnabháin on April 30, 2015. Dismissing Kelleher's appeal against the severity of his sentence today, Mr Justice Alan Mahon said an attempt to stop an individual from pursuing legal proceedings was a very serious matter even where the threats may be mild.
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