Fergus Clarke, a driver who collided head-on with another vehicle on his morning commute, had his conviction reduced from dangerous driving to careless driving on appeal. The court heard that Clarke, who was not on his mobile phone and had no prior convictions, had a momentary lapse of concentration that led to the collision. The judge, Christopher Callan, noted that the collision was not intentional and that Clarke had no prior history of dangerous driving. He reduced the conviction to careless driving and set aside the disqualification from driving. The judge also reduced the fine from €500 to €100, noting that Clarke had no previous convictions and was in gainful employment. Clarke was ordered to pay €500 to the National Rehabilitation Centre, which he confirmed had been paid.
The State must pay a couple's costs in their successful application to have their wrongful conviction for female genital mutilation (FGM) of their one-year-old daughter declared a miscarriage of justice. The couple, who were the first in Ireland to be convicted of FGM, spent two years in prison before their convictions were quashed on appeal in 2021. A miscarriage of justice certificate was granted by the Court of Appeal, and the case was put back for a costs hearing. Mr Justice Patrick McCarthy noted that newly discovered facts in expert reports showed a miscarriage of justice. The court ruled that costs should follow the event, and the couple's legal teams had facilitated the efficient progress of the case. The couple had been convicted in 2019 but their convictions were overturned due to serious inaccuracies in the translation of their testimony to the jury.
The Court of Appeal has overturned a Special Criminal Court (SCC) decision granting a miscarriage of justice certificate to Michael Connolly, a man in his 50s from Dundalk, Co Louth. Connolly was originally convicted of IRA membership in 2017 and sentenced to three years' imprisonment, a conviction later quashed by the Court of Appeal in 2018. Following a retrial in 2019, he was acquitted after the court found that belief evidence from a senior Garda breached the "double-counting" rule. In June 2024, the SCC deemed his original conviction a miscarriage of justice, citing a "grave defect" in the administration of justice. The Director of Public Prosecutions (DPP) sought judicial review, which the High Court dismissed in December 2023. On appeal, Mr Justice Brian O'Moore held that the SCC committed a fundamental error of law by granting the certificate, as it was not a properly available option. The judge stated that while the senior Garda's "careless" evidence was regrettable, it did not justify the certificate. Consequently, the Court of Appeal granted the DPP's order, quashing the SCC's decision under section 9(1)(a)(ii) of the Criminal Procedure Act 1993. This ruling represents a legal first in overturning such a certificate.
The Court of Appeal has increased Aaron Brady's sentence for perverting the course of justice from three years to five years following a successful appeal by the State. Ms Justice Isobel Kennedy described the offending as an "affront to the administration of justice," noting it was pre-meditated and insidious. Brady, who is serving a life sentence for the murder of Detective Garda Adrian Donohoe, was convicted by the Special Criminal Court of video-recording a witness interview with Ronan Flynn and conspiring with Dean Byrne to persuade witness Daniel Cahill not to testify. The court found the original sentence unduly lenient, failing to adequately weight general deterrence. Although the new five-year term will not alter Brady's effective custody due to his existing life sentence, the ruling establishes a significant precedent. Dean Byrne, who was found guilty of conspiring with Brady to interfere with witness Cahill, was sentenced to two years. Byrne's conviction was upheld by the Court of Appeal, but he is currently challenging that decision before the Supreme Court, which has agreed to hear his case on a question of public importance regarding the lawfulness of persuading witnesses not to give evidence.
A man accused of driving with a trace amount of cocaine in his system had his conviction overturned on appeal after a judge noted the identity of a Romanian interpreter provided at a garda station was not recorded. Marcel Nagit was convicted in the District Court of driving while there was present in his body a quantity of benzoylecgonine (cocaine) where the concentration of that drug in his blood was greater than the specified concentration. He was fined €1,000 and disqualified from driving for one year. He later lodged an appeal against his conviction. The court heard that a Romanian interpreter was contacted but the service couldn't guarantee an arrival in time. The garda opted for a telephone translation. The judge noted that the custody record was incomplete and that the identity of the interpreter was not recorded, which was prejudicial to the accused. The judge allowed the appeal, overturning the conviction.
A now-21-year-old man who orally raped, sexually assaulted and attempted to rape a girl when they were both 17 has had his conviction upheld by the Court of Appeal. The man had argued that his conviction was unsafe because the victim did not convey to him that she was not consenting. His barristers submitted that because the girl said she would not have sex as the man did not have a condom, this suggested that if he did have one, she may have had sex. The Court of Appeal has upheld the conviction, finding that the trial judge had adequately charged the jury on the issue of consent. In dismissing the appeal, Mr Justice Anthony M Collins said the judge gave "clear and detailed" directions to assist the jury in its assessment of the facts relevant to the appellant's mens rea as well as regards consent and the defence of honest belief. The offences took place in January 2022, when both the man and the victim were 17.
The Court of Appeal has ruled that a six-month prison sentence for Ben Lawlor for the defilement of a 12-year-old girl was appropriate, as the victim factually, albeit not legally, consented and the defendant genuinely believed she was 16. However, the court found that a 14-month sentence was more suitable for a subsequent sexual assault charge, as Lawlor knew the girl was 14 at the time. The appeal court suspended the unserved portion of this sentence. The victim had reported missing in 2023 and was found at Heuston Station. Lawlor had met the girl on a dating app and had sexual contact with her. He later contacted her via social media and met her again, where they engaged in kissing and touching. Lawlor was sentenced to six months for defilement and 12 months suspended for sexual assault. The DPP appealed, arguing the sentences were too lenient. The court acknowledged the victim's harm but noted the defendant's genuine belief in the girl's age and his vulnerabilities. The unnamed 21-year-old pleaded guilty.
The Court of Appeal has upheld the conviction of Kielan Mooney for the repeated rape of a fellow soldier at a Dublin hotel in 2021. Mooney was sentenced to eight and a half years in prison. He had appealed his conviction, arguing that a recording of the victim's distressed 999 call should not have been admitted at trial. The court rejected this argument, stating that the call was relevant and probative evidence. The victim, a serving soldier, had indicated she did not wish to be identified. The trial heard that Mooney had anal and oral raped the woman, and that she had to call for help after the incident. The court noted that the victim's distress was a matter before the jury, and that the reason for her distress was relevant to the case. The appeal was dismissed, and the conviction was upheld. The court emphasized that the probative value of the evidence outweighed its prejudicial effect. Kielan Mooney pleaded not guilty.
Maurice Boland, convicted of murdering Cian Gallagher (26) in Tallow, Co Waterford, is appealing his life sentence imposed by Ms Justice Eileen Creedon in December 2024. Boland, who pleaded not guilty to murder but guilty to manslaughter, was found guilty following two Central Criminal Court trials. His counsel, Michael Bowman, argued before the Court of Appeal that the trial judge erred in admitting evidence of Boland bragging he punched the victim "like Conor McGregor." Bowman contended that McGregor's name carried "toxic masculinity" baggage due to concurrent civil proceedings where he was found liable for rape, potentially biasing the jury. The State, represented by Bernard Condon SC, countered that the evidence was "eminently admissible" to demonstrate Boland's intent to cause serious harm and his aggressive state of mind. The court also considered challenges to evidence of Boland's threatening behavior earlier that night. The Court of Appeal, comprising Mr Justice John Edwards, Mr Justice Patrick McCarthy, and Ms Justice Tara Burns, viewed CCTV footage and heard submissions. The matter was adjourned, with the court reserving judgment to be delivered at a later date.
A judge has rejected an argument that an interim barring order must be physically served on a man who obstructed gardai while they were attempting to serve the document. Judge Martin Nolan questioned how the legislation could be effective if the way to avoid it was to "lock the door and not let any gardai in." The man, who obstructed gardai and resisted arrest, had his jail sentence reduced on appeal. He was convicted of two counts of obstructing a garda and one of resisting arrest, as well as contravening an interim barring order. He was sentenced to three months imprisonment on one obstruction charge and six months with two months suspended on the breach of the order. He was also convicted of five separate breaches of an order and sentenced to one month imprisonment on each charge. His legal team argued that the document with the barring order was required to be physically furnished to the accused, and that it was insufficient for the document to be read out to him.
A man who drove in an "unacceptable and dangerous" manner, turning off his headlights to evade gardai, has had his three-month jail term and six-year road ban affirmed on appeal. Kristian Kearney, 26, was convicted in the District Court of two counts of dangerous driving and was sentenced to three months imprisonment and disqualified from driving for six years. He later lodged an appeal against the severity of his sentence. Sergeant Shay Leonard testified that on March 1, 2024, gardai observed a car doing "doughnuts" on the road and wheel spins. The car failed to stop and exceeded the speed limit, with the driver switching off his headlights to evade gardai. Kearney argued that there was no evidence of him speeding and that he was not doing doughnuts, but Judge Christopher Callan stated that the manner in which Kearney was driving was dangerous and that the evidence showed he did not stop. The judge affirmed the orders of the District Court, stating that the evidence was the evidence and that the disqualification order would not be interfered with.
A 52-year-old man who repeatedly raped his wife by inserting various objects into her while she was unconscious has argued that a video showing what he says is consensual sexual behaviour during a "date night" should be submitted in support of a conviction appeal. The man, who cannot be named to protect the identity of the injured party, was convicted by a jury at the Central Criminal Court in December 2023 of 11 counts of raping his wife between 2006 to 2014. He was sentenced to 12 years in prison with the final year suspended. His legal team submitted that a video found on a laptop he purchased after his other devices had been seized by the gardaí during the investigation in 2019 showed the complainant on all fours in her underwear while the appellant was filming her buttocks. The defence argued that the video could have made a material difference to the defence, as the complainant had given evidence that photos and videos were not a normal part of their sex life.
A convicted sex offender who violently raped his niece and abused her sister has had his 15-year sentence upheld by the Court of Appeal. The man, who cannot be named to protect the victims, pleaded guilty to rape and sexual assault charges. He was sentenced to 11 years in prison with 15 months suspended by Ms Justice Karen O'Connor. The sentence was to be served after a six-year term for offenses against the complainant's younger sister. The man had a previous conviction for sexual assault in 2000. His barristers appealed the sentence, arguing it was too harsh and that more of the term should have been suspended. The Court of Appeal dismissed the appeal, stating the judge acted within his discretion. The court noted the seriousness of the offenses, including the brutality of the attack on a young girl. The judge considered the defendant's personal circumstances, including his separation from his wife and the care of a disabled child. The court ruled that the original sentence was appropriate and upheld the 15-year term.
Andrew Delaney, a violent criminal who fired an improvised 'slam bang' gun at another man, had his sentence increased but the balance suspended by the Court of Appeal. Delaney, who wore a balaclava and shouted 'I will kill you' before firing the gun, was initially sentenced to five years with two suspended. The State appealed, arguing the sentence was too lenient. The Court of Appeal ruled the sentence had a frailty in principle and increased it to six years and six months, with the remainder suspended. Delaney had pleaded guilty to possessing a firearm and ammunition, and was also sentenced for possessing benzocaine and being a passenger in a stolen vehicle. The court noted the premeditated nature of the attack and the lack of cooperation with gardaí. Delaney's previous convictions for assault and criminal damage were also considered. The court emphasized the seriousness of the offense and the need for a higher sentence. However, as Delaney secured a place in a residential treatment center, the court suspended the remaining portion of the sentence to allow him to complete the program.
The Court of Appeal has dismissed the appeal of an unnamed 81-year-old man, upholding his conviction for sexually assaulting his grandson. The appellant, who pleaded not guilty to three counts of sexually assaulting his 15-year-old grandson at various locations in Leinster between June and September 2015, was convicted following a second trial after the first jury failed to reach a verdict. On December 9, 2024, Judge Martina Baxter at Naas Circuit Court sentenced him to five and a half years imprisonment. The appeal centered on the trial judge's decision to exclude a prepared statement the appellant gave to gardaí in October 2017. His counsel argued the statement contained mixed elements and should have been admitted. However, Mr Justice Alexander Owens ruled the statement was self-serving, wholly exculpatory, and inadmissible hearsay. The judge noted the document was produced for trial use rather than to assist the investigation, and the trial judge was correct to refuse its admission. The Court of Appeal found the appellant failed to establish that the guilty verdicts were unsafe, thereby rejecting his claim that the exclusion of the statement rendered the trial unfair.
The Court of Appeal has dismissed the appeal by Patrick Killally, a 49-year-old man from Edenderry, Co Offaly, who was convicted of sexually abusing two young boys. Killally's legal team argued that evidence regarding a third child, whom a witness described as being confronted by the appellant, was more prejudicial than probative and should have been excluded. However, Ms Justice Isobel Kennedy ruled that the trial judge was correct to admit the evidence, finding it highly probative and relevant to the factual matrix, particularly as it contradicted Killally's claim that he was never alone with the complainants. The court noted that while the evidence was prejudicial, its probative value outweighed that effect. Killally had previously been convicted by a Central Criminal Court jury of three counts of sexual assault against one boy aged six to nine between 1992 and 1996, and 40 counts of sexual assault, attempted anal rape, oral rape, and anal rape against another boy aged 12 to 14 between 2005 and 2007. He does not accept the verdicts. At sentencing, Mr Justice Paul Burns imposed an 11-year prison term, citing the breach of trust and the protracted nature of the abuse. The appeal was rejected, leaving the conviction and sentence intact.
The Court of Appeal has dismissed the conviction appeal of Paul Kelly, a 47-year-old man from Killarney, Co. Kerry, who was convicted of sexually abusing his younger brother. Kelly, who denied all charges, was found guilty in November 2024 of 12 counts of sexual assault, two counts of oral rape, and 12 counts of anal rape committed between 1995 and 1999. He was sentenced to seven and a half years' imprisonment by Ms Justice Melanie Greally. The appellant's counsel argued that evidence from a witness, who stated the complainant said, "Paul has been raping me for years," should have been excluded or required a corroboration warning because the present perfect continuous tense implied ongoing abuse, despite the abuse ending seven years prior. Mr Justice Charles Meenan rejected this argument, stating that people making statements may not prioritize correct grammar. The court found no material inconsistencies in the evidence and ruled that the trial judge's decision not to issue a corroboration warning was reasonable. The appeal was dismissed, upholding the original conviction and sentence.
Alan Vial and Nikita Burns, convicted of the murder of Robert Robin' Wilkin at Sliabh Liag in Donegal, have appealed their convictions to the Court of Appeal. The trial heard that the pair allegedly beat Mr Wilkin with a rock and threw his body over the cliffs. Vial's counsel argued that his client was prejudiced by hearing his co-accused's admissions, which blamed Vial for the fatal blows, and contended they should have been tried separately. He maintained Vial denied striking the victim and lacked independent evidence of guilt beyond his co-accused's statements. Burns's counsel argued her incriminating statements were involuntary due to intoxication and should have been excluded. The Director of Public Prosecutions countered that there was ample evidence of Vial's guilt and that private statements are admissible. The prosecution noted the trial judge's warnings to the jury were impeccable. The court, comprising Mr Justice Patrick McCarthy, Ms Justice Tara Burns, and Mr Justice Charles Meenan, reserved judgment. The matter was adjourned pending the decision.
The Court of Appeal has dismissed an appeal against sentence by three unnamed appellants, upholding their convictions for gang rape. The court ruled that the sentences imposed by Mr Justice David Keane were not excessive and, given the circumstances, were lenient. The appellants, two of whom were 17 and one 18 at the time of the January 2016 offence, lured a vulnerable teenager to a beach in Dublin where they took turns raping her before abandoning her in an isolated location. Following a second trial in March 2022, the jury convicted all three of rape after the first trial resulted in a hung jury. The sentencing judge identified a notional adult headline sentence of 15 years but reduced it to ten years, accounting for the youth of two appellants and the mild intellectual disability of the third. Appellant A was sentenced to nine years, Appellant B to nine and a half years, and Appellant C to ten years. Senior counsel for the appellants argued the sentences were too high given their youth and mitigating factors, while the DPP urged the court to refuse the appeal, highlighting the significant planning and targeting of the victim. Mr Justice Patrick McCarthy, delivering the judgment, stated that gang rape falls into the highest category of offending where youth does not diminish moral culpability. He affirmed that the refusal to reduce the headline sentence was not open to criticism and that the sentences must be considered lenient. The court also ordered that the appellants remain anonymised in reporting due to their ages at the time of the offence.
A 27-year-old man, Cal Murphy, who was accused of driving with cannabis in his system, had his case dismissed on appeal. Judge Ronan Munro decided to dismiss the charge against Mr Murphy at the District Court Appeals Court, but commended the prosecuting garda for his actions. Mr Murphy was previously convicted in the District Court of driving while having a quantity of cannabis in his system, equal or greater than the specified amount, under section 4(1)(a) of the Road Traffic Act 2010. He received a community service order of 240 hours and a four-year driving disqualification. He later appealed his conviction. Garda Ian Galvin testified that he stopped Mr Murphy's Audi A3 on Charlemont Street, Dublin 2, on December 13, 2023, after detecting the smell of cannabis and finding a grinder in the car. A roadside oral fluid test indicated the presence of cannabis, and a blood sample later showed levels of 63.1ng/ml of cannabis metabolite.
The Court of Appeal has reduced the prison sentence of Mihail Stingu, who burgled a house, stole a car, and dragged the owner along the ground. The original sentence of 14 years was deemed too high by the Court of Appeal, which imposed a global sentence of ten years and nine months, with the last six months suspended. Stingu, who was on bail for previous criminal damage offences, entered a home in Drogheda, stole items, and stole a car, dragging the owner for ten metres. The homeowner suffered serious road rash burns. The Court of Appeal found that the sentencing judge had erred in setting the headline sentence for burglary at 14 years before considering mitigating factors. The judge noted that the offence was not at the most extreme end and warranted a headline sentence of 11 years. Stingu was also sentenced for four years and nine months for the criminal damage offences. Mihail Stingu pleaded guilty.
The Court of Appeal declared Osgur Breatnach's 1978 conviction for the Sallins mail train robbery a miscarriage of justice. Ms Justice Isobel Kennedy, sitting with Mr Justice John Edwards and Mr Justice Paul Burns, granted the certificate based on Breatnach's asserted factual innocence and a newly discovered fact regarding John Fitzpatrick's alibi. The Director of Public Prosecutions did not dispute that Fitzpatrick's alibi constituted a newly discovered fact. Breatnach, who was originally sentenced to 12 years in prison by the Special Criminal Court, had his conviction quashed in 1980 after the Court of Criminal Appeal ruled his confession was obtained under oppression. He spent 18 months in custody before release. In his affidavit, Breatnach stated he had "no hand, act or part" in the robbery, a claim the DPP did not contest. Counsel Patrick Gageby SC argued that Fitzpatrick's alibi, which was never tested in court because Fitzpatrick disappeared before being charged, cast substantial doubt on all related convictions. The court found the threshold for a miscarriage of justice certificate was met. Mr Justice Edwards ordered that costs follow the event, as the applicant was completely successful. Breatnach, speaking outside court, described himself and the other "Sallins Men" as victims of serious crimes and renewed his call for an independent public inquiry into their treatment.
All cases scheduled for hearing in the District Court of Appeals today were adjourned to a later date. This was partly due to the ongoing withdrawal of legal aid by solicitors and the absence of parties involved in the cases. The court also set new dates for over 80 cases that were listed for mention today, many of which were impacted by a Supreme Court decision on drink driving cases. Following a High Court ruling in July 2025 that overturned a man's drink-driving conviction due to issues with the chain of custody of his blood sample, the Director of Public Prosecutions appealed to the Supreme Court. The High Court decision was overturned by the Supreme Court in June of this year, allowing many pending cases to proceed. Most of the appeals listed for mention today were adjourned to October and November to set hearing dates.
Patrick Fishy' Fitzgerald, 49, withdrew his appeal against a seven-year prison sentence at the Court of Appeal after judges warned him of the full range of their powers. The appeal concerned a sentence handed down in July 2025 by Ms Justice Eileen Creedon at the Central Criminal Court. Fitzgerald had pleaded guilty to facilitating a serious offence for a criminal organisation, specifically providing getaway vehicles for the attempted murder of Gary Carey in November 2021. The court found his assistance crucial to the gang's actions. Ms Justice Creedon set a headline sentence of 12 years, reduced to nine years after mitigation, with the final two years suspended subject to conditions. This term was ordered to run consecutively to a separate seven-and-a-half-year sentence Fitzgerald was already serving for aggravated burglary, in which he was part of a gang that terrorised a family, including a six-year-old child. During the appeal hearing, Mr Justice McCarthy, sitting with Ms Justice Tara Burns and Mr Justice Alexander Owens, noted the panel believed a sufficient reduction had already been given and highlighted the risk regarding the suspended portion. Following advice from senior counsel Bernard Condon, Fitzgerald instructed his lawyer to seek permission to withdraw the appeal. The court granted the application, describing Fitzgerald's decision as prudent given the possibility of an unfavourable intervention. The matter was adjourned to allow for the withdrawal process, and the original sentence remains in effect.
The Court of Appeal has quashed the defilement conviction of a 34-year-old man, directing a retrial after finding the trial judge "crossed a line" in his jury charge. The appellant, who was 28 at the time of the alleged 2020 offence in Westport, had been convicted by majority verdict of defilement of a 16-year-old girl, while being acquitted of sexual assault. He maintained that he believed the complainant was over 18. Ms Justice Nuala Butler ruled that the trial judge improperly suggested the jury might take a "jaundiced" view of the appellant's age defence if they rejected his claim that no sexual intercourse occurred. This misdirection deprived the appellant of the benefit of his alternative defence. The court rejected a secondary appeal ground regarding the prosecution's use of the term "Bart Simpson defence," deeming it unhelpful but not sufficiently disparaging to render the trial unfair. In November 2025, Judge Eoin Garavan had sentenced the man to two years in prison, with the final 12 months suspended and the custodial element deferred, granting him bail pending appeal. Following the appeal decision, Eilis Brennan, for the Director of Public Prosecutions, requested the matter be remanded to the Western Circuit in early October. The judge granted this application, remanding the appellant on continuing bail until that date.
Jozef Puska has failed in his attempt to have his life sentence for the murder of Ashling Murphy commence from the date of his arrest in January 2022, rather than the date of the trial jury's verdict in November 2023. Puska's legal team argued that the judge did not provide a valid reason for not backdating the sentence. However, the trial judge, Mr Justice Tony Hunt, stated that the backdate was academic and that the parole board would consider the time served in custody, not the date of arrest. The Court of Appeal upheld the judge's decision, noting that the judge had considered the seriousness of the case and the impact on the victim's family. The appeal was dismissed, and Puska remains in custody.
The State has dropped the charges against a man whose conviction for rape was quashed by the Court of Appeal. The man (27), who cannot legally be identified, was previously convicted of two counts of rape and one count of sexual assault at an apartment on Middle Abbey Street, Dublin 1, on February 15, 2018. Trial judge Mr Justice David Keane sentenced him to eight and a half years in prison. The Court of Appeal however quashed that conviction, finding that the trial judge had failed to warn the jury of the dangers of convicting after the complainant initially nominated another party as having sex with her and did not refer to the accused. On Wednesday, the case was listed for mention before the Central Criminal Court when lawyers for the Director of Public Prosecutions informed Mr Justice Paul McDermott that the State were entering a nolle prosequi on all counts. Mr Justice McDermott then ordered that the defendant be discharged from all counts. The man has a statutory right to anonymity.
Gavin Hanway, of Limekiln Green, Walkinstown, Dublin, launched an appeal against his convictions for assault causing serious harm and aggravated burglary. He was previously found guilty by a jury at Portlaoise Courthouse of stabbing Kevin Kenny at a house in The Hermitage, Portlaoise, Co Laois, on July 26, 2016. Following the trial, Judge Keenan Johnson sentenced Hanway to 12 years in prison. In the current appeal, counsel James Dwyer SC argued that the seizure of Hanway's car breached his constitutional rights because the search warrant was issued in another garda's name. He also challenged the admission of evidence regarding Hanway's testosterone use, claiming it was prejudicial, and argued the jury verdict was not properly delivered under section 35(2) of the Criminal Justice Act, 1984. The State's counsel, Aoife O'Leary BL, countered that the trial judge had correctly ruled the car evidence admissible in the interests of justice despite the procedural irregularity. She further noted that the testosterone evidence was probative and that the jury was merely polled on their numbers after returning the verdict. The Court of Appeal, comprising Mr Justice John Edwards, Ms Justice Isobel Kennedy, and Mr Justice Alexander Owens, heard the arguments. The court reserved judgment in the case to a later date, meaning the matter was adjourned and not concluded.
An Offaly man, Patrick Killally, who was jailed for 11 years for the sexual abuse of two children, argued that his trial was unfair due to the admission of evidence about a third party confronting him after hearing him "roaring" at a child to come into a bedroom. Killally was convicted of multiple counts of sexual assault and rape of two boys over different periods. His defense claimed the evidence was more prejudicial than probative, as it was not related to the charges against him. The prosecution argued the evidence had probative value in discrediting Killally's claim that he had never been left to babysit the injured party. The court reserved judgment on the appeal, with the defense emphasizing the lack of evidence that Killally called the child into the bedroom and the other child's testimony that she was not abused.
A "deviant father figure" who was jailed for life after he "coldly engaged in a remorseless campaign of rape" against his granddaughter and nephew has had his sentence upheld by the Court of Appeal. The court found the sentence of life imprisonment was within the discretion of the sentencing judge, noting the man ruled the family "with an iron fist" and "brutally sexually assaulted these young and vulnerable children" in what it described as an "egregious breach of trust". The 69-year-old patriarch of the family was convicted of 24 charges including two charges of anally raping his granddaughter and 22 charges against his nephew. He had pleaded not guilty to all of the charges. The man's granddaughter was aged between nine and eleven when the abuse occurred, while his nephew was aged between 7 and eleven. The abuser's sentencing hearing was told he did not accept the verdicts of the jury and continues to maintain his innocence.
The Court of Appeal has set a date in December to hear an application by a Polish cage fighter who is seeking to have his conviction for the murder of a 23-year-old man who was beaten unconscious and left to drown in the River Shannon declared a miscarriage of justice. Leszek Sychulec's legal team told the court today that they had written to the Director of Public Prosecutions (DPP) seeking disclosure regarding an article published about a garda allegedly involved in organised crime who is connected to the case. Sychulec, now in his 40s, and his co-accused, Andrzej Gruchacz, had pleaded not guilty to murdering Patryk Krupa at Bogganfin, Athlone, Co Roscommon on June 20th, 2014. Mr Krupa drowned in the Shannon outside Athlone while incapacitated with a head injury from a violent assault. A Central Criminal Court jury deliberated for five hours before reaching unanimous guilty verdicts. The defendants were accordingly given mandatory life sentences by Mr Justice Tony Hunt on June 13, 2016.
A veteran lorry driver, John Burkett, was acquitted of failing to remain at the scene of an incident where a young boy made contact with his truck. The court heard that the boy had suffered a fractured shoulder and leg injuries. Burkett had been convicted of failing to remain at the scene and failing to report the accident to gardai, but the appeal court found that the truck had stopped for at least a minute, as shown by tachograph evidence. The judge ruled that the prosecution's case had not been proven beyond reasonable doubt and acquitted Burkett of the charge of failing to remain at the scene. However, he was fined €750 to Crumlin Children's Hospital for failing to report the accident. The court noted that Burkett had no charges related to careless or dangerous driving and that the prosecution's case was not proven beyond reasonable doubt. John Burkett pleaded guilty.
The Court of Appeal has dismissed the appeals against the sentences of Paul Murphy and Jason Bonney, who were convicted of facilitating the Hutch Criminal Organisation in the murder of David Byrne. Both men, who pleaded not guilty, acted as getaway drivers during the 2016 Regency Hotel attack. Mr Justice John Edwards found their roles "far from peripheral" and upheld the Special Criminal Court's 10-year headline sentences. Bonney, who has no previous convictions, received an 18-month mitigation discount, resulting in an effective sentence of eight-and-a-half years. Murphy, who has 67 previous convictions, received a one-year discount, resulting in a nine-year sentence. The judge rejected arguments that their culpability was lower than that of Jonathan Dowdall, who was sentenced to four years for facilitating the gang by providing a room. Dowdall had originally faced murder charges but admitted to the lesser offence. The Court of Appeal noted that the primary sentencing rationales were retribution and deterrence, given the high level of criminality and the threat posed by the Hutch organisation to the rule of law.
Lawyers representing Jozef Puska, who is serving a life sentence for the murder of schoolteacher Ashling Murphy, have told the court that the scope of his conviction appeal may change. Puska's appeal was originally due to be heard on April 23, but was vacated after his barristers withdrew from the case. Senior Counsel John Berry confirmed he would represent Puska, and the Court of Appeal set a new hearing date of July 15. During a case management hearing, Mr Berry indicated that an instruction received in the last two days may change the scope of the appeal. The matter was adjourned to July 10. Puska, who had pleaded not guilty to murdering Ms Murphy, was found by the jury to have stabbed her 11 times in the neck and slashed her once with a blade. A monument now stands where she died. Puska was placed at the scene by the presence of his distinctive green and black bicycle, which was captured on CCTV. His DNA was found on the bike and under Ms Murphy's fingernails.
The High Court has quashed the assault conviction of Kevin Taylor, a former Garda from Longford, following a judicial review appeal. Taylor was originally convicted in Strokestown District Court in August 2021 of assaulting security staff member Ian Gordon during the execution of a possession order at Falsk, Strokestown, Co Roscommon, on December 11, 2018. The initial conviction resulted in a €200 fine. In March 2024, Taylor appealed to the Circuit Court, where he received a two-month custodial sentence. He subsequently sought a judicial review against the Director of Public Prosecutions, arguing that the prosecution failed to specify the precise factual basis of the alleged assault, violating fair procedure principles. Mr Justice Garrett Simons accepted that CCTV footage did not show Taylor grabbing Gordon's genitals, as alleged, though it did show him laying hands on him. The High Court judge found that the Circuit Court judge had undermined the effectiveness of cross-examination by taking over questioning, depriving Taylor of a fair opportunity to test the complainant's account. Furthermore, the trial judge failed to assess the reasonableness of the force used based on Taylor's asserted belief that he was protecting a disabled man. Mr Justice Simons quashed the conviction and determined it was not in the public interest to remit the matter, noting that Taylor had already served a two-month sentence for contempt in the same proceedings.
Three men, Alan Harte, Alan O'Brien, and Darren Redmond, who were found guilty of false imprisonment and intentionally causing harm to Kevin Lunney, have appealed their sentences, arguing they were excessive and out of kilter with comparator cases. Harte was sentenced to 30 years in prison, O'Brien received a 25-year sentence, and Redmond was sentenced to 18 years with the final three suspended. Harte's legal team described his 30-year term as 'a life sentence by a different name,' while O'Brien and Redmond's lawyers suggested the sentences imposed on their clients were too high and failed to properly consider mitigating factors. At the appeal hearing, Harte's senior counsel, Michael O'Higgins, argued that the sentence was 'out of kilter' with other cases and that the Special Criminal Court had set a headline sentence of 30 years without 'very much surrounding structure indicating how that number was arrived at.' O'Higgins also highlighted comparator cases, including that of former Sinn Féin councillor Jonathan Dowdall and former Formula 1 engineer Stefan Schaufler, to support his argument. Counsel for the Director of Public Prosecutions, Garret Baker SC, defended the sentences, stating that the Special Criminal Court had 'met fire with fire' in a lawful way by imposing sentences that reflected the 'depravity and horror' of the attack, which he described as 'animalistic, supremely choreographed and meticulously planned.' The matter was adjourned for further consideration.
A Kerry firearms dealer has had his conviction for importing and possessing a prohibited component for a WW2-era machine gun overturned on appeal. Judge James O'Donoghue ruled that Patrick O'Mahony Jnr (56) had no 'nefarious intent' in possessing the component. His defence argued that the item was a curiosity to be displayed in a glass case and fell under an exception in the Firearms Act for antique firearms used as a 'curiosity or ornament'. O'Mahony was previously fined €2,000 and had a destruction order made against the component. He appealed, citing his family connection to the weapon and his status as a licensed firearms dealer. Customs officers stopped him at Dublin Airport in 2021 with the component, which was identified as a bolt carrier for a Browning 1919 machine gun. Garda investigations confirmed O'Mahony was a restricted firearms dealer with valid licences. A garda ballistics expert stated the component was prohibited as it could be used in a functioning firearm. However, the judge found no evidence of nefarious intent and allowed the appeal, overturning the conviction.
A truck driver who caused the death of former Garryowen rugby player Mark McMullen three years ago has lost an appeal against his ten-month prison sentence. The Court of Appeal ruled that the driver, Gabor Mihalecz, was speeding and driving a defective lorry with a faulty braking system, which led to the vehicle jackknifing. Mihalecz had pleaded guilty to careless driving causing death and was sentenced to ten months in prison and disqualified from driving for four years. His legal team argued that the initial sentence of 20 months was too high, but the court dismissed the appeal, noting that the braking system defect was the main cause of the accident. The judge acknowledged that the driver's culpability might not be at the highest level, but the sentence was upheld as appropriate.
Jason Bonney and Paul Murphy, convicted of facilitating the murder of David Byrne during the 2016 Regency Hotel attack, are appealing their prison sentences at the Court of Appeal. Both men, who pleaded not guilty and were convicted by the Special Criminal Court, argued their sentences were excessive. Bonney, sentenced to eight-and-a-half years, and Murphy, jailed for nine years, had their bids to overturn convictions dismissed in November. Counsel for Bonney highlighted his unblemished record and argued his involvement was less significant than that of Jonathan Dowdall, who received a headline sentence of eight years for facilitating the Hutch gang. Dowdall was later sentenced to four years imprisonment in October 2022. Counsel for Murphy contended his role was peripheral and he lacked knowledge of the attack's seriousness. The State argued the appellants were integral to a serious criminal endeavour. Appeal judge Mr Justice John Edwards noted that prosocial contributions offer only modest mitigation and that the gravity of the offense mandated significant custody. He stated the court would deliver its judgment on July 3. The matter remains at the appeal stage, with the final decision pending.
Retired businessman Jerry Beades, who failed in an appeal against his conviction for driving a vehicle without a roadworthiness certificate, highlighted the 'unfairness of the system' which does not allow those with an expired certificate to drive to a centre for the purposes of a test. Beades was fined €200 in the District Court for using a CVR vehicle without a certificate of roadworthiness and failing to produce the certificate. He argued that the system is flawed and that he should have been allowed to drive to the test centre. The detective garda stated that the certificate had expired seven months prior to the stop and that it would have been a dereliction of duty to allow Beades to continue to drive. The judge affirmed the order of the District Court but reduced the fine to €10, acknowledging Beades' efforts to obtain the certificate and the financial burden he faced.
A driver accused of refusing to provide a blood sample has had his conviction overturned on appeal. Judge Fiona O'Sullivan allowed the appeal of Dillion Mulligan (25) against his conviction, citing a lack of evidence that he was informed that refusing to provide a sample was a criminal offence. Mulligan was initially convicted in the District Court of failing or refusing to provide a blood specimen under the Road Traffic Act 2010. He was disqualified from driving for four years and fined €300. Garda Christopher McEntagart testified that he stopped Mulligan's car on Merrion Road, observed hazardous driving, and detected the smell of cannabis. He conducted a drugs search but found nothing and administered an oral fluid test, which returned a positive result. Mulligan was arrested and taken to a garda station, where he refused to provide a blood sample. Defence counsel argued that Mulligan had not been adequately informed of the legal consequences of refusal and that there was no evidence he tested positive for a scheduled drug.
Aaron Connolly, who was previously convicted of murdering Cameron Reilly but had his conviction quashed on appeal, has been given a date for his retrial at the Central Criminal Court. The retrial is set for November 23, with a management date set for July 24. Connolly's original trial lasted three weeks, and the retrial is expected to extend into a fourth week. The Court of Appeal found that remarks made by the trial judge may have been perceived as disparaging of the defense case and advocacy for the prosecution. Connolly, who is now 26, was remanded on bail with strict conditions, including living with his parents and not leaving the house unaccompanied. The murder of 18-year-old Cameron Reilly occurred on May 26, 2018, in Dunleer, Co Louth. During his trial, Connolly admitted to performing oral sex on Reilly but claimed he left him alive. The original conviction was quashed due to concerns about the trial judge's comments influencing the jury. The retrial will address these issues and determine Connolly's guilt in the murder of Cameron Reilly. Aaron Connolly pleaded not guilty.
Pharma giant Johnson & Johnson has secured a €58,000 reduction in a High Court award of nearly €1 million made to former Limerick hurler Mark Keane, who was injured in 2018 while freeing a work colleague trapped in a machine at their plant in Co Limerick. The High Court awarded Keane €944,000 for injuries to his right hand, arm, and shoulder. Keane, an accomplished hurler, claimed he was 'let down' by the company. Johnson & Johnson accepted responsibility for the nerve damage and injury to his right hand but not for the injury to his right shoulder. The Court of Appeal reduced the payout to €886,000, citing a previous award for a 2014 road traffic incident and adjustments in Keane's expected future earnings. Johnson & Johnson argued that any loss of earnings was partially due to the 2014 accident, leading to a double counting. Keane alleged Johnson & Johnson was negligent and breached their duty of care on September 10, 2018, while he was working as a technician making contact lenses.
The Court of Appeal has ruled that the privacy rights of Kevin Braney, a former leader of the New IRA in Dublin, were not breached when gardaí used a surveillance device to listen in on him conversing with members of a criminal gang at a KFC restaurant. Braney was found guilty of murder in February 2019 by the Special Criminal Court for the killing of dissident republican Peter Butterly in 2013. The court dismissed Braney's appeal, with Ms Justice Isobel Kennedy stating that the grounds raised were not proven. Braney's legal team had argued that gardaí did not obtain proper authorisation before using the listening device and that the recording should not have been admitted as evidence. However, the court upheld the use of the device under the Criminal Law (Surveillance) Act 2009, noting that the superintendent believed an emergency justified the action. The court also rejected arguments that the audio evidence was of insufficient quality and that the testimony of David Cullen, a former accomplice who became a witness, should have been excluded.
The Supreme Court will hear an appeal by Dean Byrne, a Dublin man with over 120 convictions, challenging his 2024 Special Criminal Court conviction for conspiracy to pervert the course of justice. Byrne was sentenced to two years for allegedly conspiring with Aaron Brady to dissuade witness Daniel Cahill from testifying in Brady's murder trial. The Court of Appeal previously rejected Byrne's bid to overturn this conviction, finding he used unlawful means by sending the witness's Garda statement to a third party. The Supreme Court will now consider whether it can ever be lawful to persuade a witness not to give evidence. Meanwhile, Aaron Brady, who pleaded guilty to two offences related to efforts at perverting the course of justice during his trial, was sentenced to three years. Brady is serving a life sentence with a minimum term of 40 years for the 2013 murder of Detective Garda Adrian Donohoe. Byrne's appeal raises a question of public importance regarding the legality of witness persuasion, while his prior record includes an 18-year sentence for aggravated burglary in Tipperary.
A couple's convictions for female genital mutilation (FGM) of their one-year-old daughter were declared a miscarriage of justice by the Court of Appeal. The couple, who were the first in Ireland to be convicted of FGM, spent two years in prison before their convictions were overturned due to an unfair trial. New evidence from a Swedish FGM expert, Prof Birgitta Essen, showed that the child had not undergone FGM. The Court of Appeal found that the trial was unfair due to inaccuracies in the translation of the parents' testimony. The DPP dropped the charges after the new report agreed with Prof Essen's findings. The judge ruled that the couple was factually innocent and granted a certificate of miscarriage of justice. The case highlighted the importance of expert medical testimony and the need for accurate translation in legal proceedings. The couple's conviction was overturned, and the court emphasized the need for medical professionals to report concerns without fear.
A 22-year-old man charged with threatening to kill his former partner lost an appeal against a High Court decision that upheld a District Court judge's refusal to hear formal submissions from his solicitor before refusing him bail. The man was charged with assault causing harm, making threats to kill, and breaching a safety order in Wicklow on April 20, 2026. During his bail application in the District Court, he denied the allegations, leading to his remand in custody. His legal team argued that the District Court judge failed to hear his submissions, but the High Court upheld the remand. The Court of Appeal dismissed the habeas corpus appeal, stating that the issue was moot as the original order was spent within eight days. The High Court judge was entitled to conclude that the bail hearing was fair, and the appellant had the opportunity for a full hearing in the High Court. The appeal was dismissed, and the man remained in custody.
The Court of Appeal has rejected Patrick Murphy's claim that his murder conviction was unsafe due to the jury's 'extremely brief' deliberation. Murphy, who stabbed his daughter's neighbour to death in a 'drunken rage', was sentenced to life in prison in December 2024. He had pleaded not guilty to murder but guilty to manslaughter. The Central Criminal Court jury unanimously convicted him of murder after rejecting the defence's argument of provocation. Murphy's counsel argued that the jury's quick decision raised concerns about the safety of the conviction and the right to full deliberation. However, the court dismissed the appeal, stating the jury deliberated for over three hours and reached a verdict based on the evidence. The judge noted that the issue of provocation was straightforward and that the jury's decision was sound. The trial revealed that Murphy had a history of 15 previous convictions, mostly for traffic and public order offences.
A violent criminal, Gerard Stokes, who carried out a three-hour hammer attack on a 'Good Samaritan' grandmother, leaving her blind in one eye after tying her up and threatening to kill her, had his jail sentence increased by two years following a successful appeal by the State. Stokes and his co-accused, Samantha Campbell, were convicted of inflicting what a judge described as a 'punishment beating' on the woman over alleged missing drugs. The Court of Appeal found that Stokes' 13-and-a-half-year jail term, with two years suspended, was unduly lenient and resentenced him to 14-and-a-half-years, with one year suspended. However, the court ruled that Campbell's ten-year sentence was not too lenient. The court heard the victim lost an eye in the attack and now uses a prosthesis. The judge noted that both defendants 'participated willingly' in the attack and the jury accepted that this was joint enterprise.
The Court of Appeal granted the Irish Times access to character references for Daniel Ramamoorthy, a convicted sex offender, including one from former TD Jim Glennon. Ramamoorthy was convicted of sexually exploiting a 13-year-old boy at a Christian children's camp. Glennon later apologized for his involvement, calling the crime 'vile and of the most egregious nature'. The Irish Times applied for access to the references, arguing that public interest and open justice required their disclosure. The court agreed, noting that the references were part of the administration of justice. Ramamoorthy, a motivational speaker and entrepreneur, was jailed for two years and four months for the sexual exploitation offence. He pleaded guilty to possessing child sexual abuse material. The court criticized the character references for not addressing the victim or the nature of the crime. Glennon's apology and disavowal of the reference were highlighted, with the court emphasizing the importance of transparency in the justice process.