Michael O’Loughlin and Edward O’Loughlin have gang membership sentences reduced

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Michael O’Loughlin and Edward O’Loughlin had their sentences for participating in the activities of a criminal organisation reduced to six-and-a-half years’ imprisonment each by the Court of Appeal. The proceedings were reported on 2 December 2014.

The Galway brothers were originally charged with directing a criminal organisation. They pleaded guilty to a lesser charge of membership after a decision not to prosecute the more serious offence. Judge Martin Nolan sentenced each man to nine years’ imprisonment at Dublin Circuit Criminal Court on 11 June 2012.

Mr Justice George Birmingham said there appeared to have been some blurring by Judge Nolan of the distinction between directing a criminal organisation and participating in one. He said Judge Nolan was the first judge asked to sentence under the legislation and had no guidelines on how to approach sentencing. The Court of Appeal considered the sentences too severe for an organisation operating at mid-level criminality and found an error in principle.

Giving background, Mr Justice George Birmingham said Operation Foolscap targeted a Galway-based criminal gang with about 13 participants. A vehicle used by the brothers was subject to audio surveillance authorised by a judge under the Criminal Justice Surveillance Act 2009.

The report said recordings showed the brothers having some involvement with three drug offences and four burglaries. The burglaries concerned two domestic premises and two commercial premises. However, Mr Justice George Birmingham said gardaí knew the premises were going to be burgled and took steps to ensure there was nothing there.