In a Court of Appeal hearing on 12 April 2024, former solicitor Michael Lynn, aged 55, was granted a change of legal representation to John P O'Donohoe but the court reserved its decision on legal aid pending a statement of his financial means to the Director of Public Prosecutions. Lynn, who is serving a five‑and‑a‑half‑year prison sentence for stealing just over €18 million from six financial institutions during the Celtic Tiger era, must provide this statement before legal aid for his appeal can be granted. The court noted that if any issue arises, it should be notified. Lynn was found guilty of 10 of 21 counts of theft in a Dublin Circuit Criminal Court trial last year; the remaining 11 counts were dropped after the jury could not agree. Michael Lynn pleaded not guilty.
The Court of Appeal has granted the Garda Síochána Ombudsman Commission (GSOC) access to audio recordings of a disturbance during a March 7, 2023, hearing involving Enoch Burke. Mr Justice John Edwards, delivering the judgment, stated that disruptive conduct by attendees constituted part of the court proceedings and that the recordings serve as a contemporaneous record. The court rejected Enoch Burke's arguments that releasing the files would breach his privacy rights or constitute covert surveillance, noting he provided no evidence of private conversations. GSOC is investigating alleged assault causing harm by gardai, following complaints from Simeon Burke and Ammi Burke regarding their treatment during the incident. Simeon Burke was previously convicted of a Public Order Act offence for threatening and abusive behavior near the Four Courts. The court emphasized that the expectation of respectful conduct extends to the environs of the building before and after judges arrive. Mr Justice Edwards dismissed Burke's claims as emotive, asserting that those who disrupt proceedings have no expectation of privacy. The court also granted Mr Burke access to the ambient recordings released to GSOC. The decision underscores the court's power to control its processes and ensure decorum, describing the administration of justice as a solemn process fundamental to the rule of law.
Sandra Kavanagh, 48, avoided jail after colliding with motorcyclist Nebojsa Sarcevic, 29, on the M50 in November 2019, which caused his death. She had previously been convicted of road traffic offences. The trial judge initially imposed a one‑year driving disqualification, but the defence and prosecution mistakenly informed the judge that a mandatory four‑year ban applied. The Court of Appeal quashed the four‑year ban and replaced it with a two‑year ban, while an eight‑month fully suspended sentence remained on her record. Kavanagh pleaded guilty to careless driving causing death, was not speeding, had no drugs or alcohol, and was not using her mobile phone. The judge noted her remorse and the tragic nature of the incident. The case was heard at the Dublin Circuit Criminal Court in July 2022.
In a 2024 appeal, a 41‑year‑old woman and her 53‑year‑old partner, jailed for a combined 33 years for raping and sexually abusing their five‑year‑old daughter and three‑and‑a‑half‑year‑old son, argued that video interviews of the children should not have been admitted to the jury. The couple had denied multiple offences, including rape, oral rape, sexual assault, sexual exploitation, reckless endangerment and false imprisonment, committed at two locations in Connacht between October 2012 and September 2014. Both were found guilty at the Central Criminal Court in November 2022. The appeal, presented by Michael Lynn SC for the man and Dominic McGinn SC for the woman, focused on alleged unfairness due to the eight‑year delay between the children's 2016 specialist Gardaí interviews and the 2022 trial, the use of leading or suggestive questions, and the lack of opportunity to assess the children's competence as witnesses.
Aaron Brady, who was convicted in 2020 of murdering Detective Garda Adrian Donohoe, pleaded guilty at the Special Criminal Court to perverting the course of justice. He admitted to recording footage of an interview between gardai and witness Ronan Flynn, which was subsequently posted online accusing Flynn of "touting." Brady did not enter a plea to a further count of conspiring with Dean Byrne to persuade a State witness not to testify, though prosecution counsel argued this should be considered at sentencing. Dean Byrne, 30, from Cabra Park, Phibsborough, Dublin, remains on trial for the conspiracy charge. Presiding judge Mr Justice Paul Burns adjourned sentencing to May 29. The court refused an application by Brady's lawyers to ban media reporting of the guilty plea, rejecting arguments that coverage could prejudice a potential retrial if Brady's murder conviction is overturned on appeal. The judge noted that a retrial is merely a possibility and that any prejudice could be remedied by judicial directions to the jury. Brady, 33, formerly of New Road, Crossmaglen, Co Armagh, is serving a life sentence with a minimum term of 40 years for the 2013 murder. He appealed his conviction last November and is awaiting a decision from the Court of Appeal.
Jason Owens, a 34‑year‑old former Irish taekwondo international, pleaded guilty in June 2023 to assaulting Conor Kelly in a pub toilet on New Year's Day 2020, causing life‑threatening injuries. The trial judge sentenced him to 2½ years' imprisonment, with the final 12 months suspended, after a pre‑mitigation headline of seven years. The State appealed, arguing the sentence was too lenient, citing a 50 % global reduction and the late guilty plea. The Court of Appeal, hearing the case in April 2024, dismissed the appeal. Justice Úna Ní Raifeartaigh upheld the 2½‑year term, noting mitigating factors such as Owens' first‑time offender status, late plea, apology, compensation and psychological issues. The court also recorded that Owens had paid €10 000 to Kelly, which was donated to Acquired Brain Injury Ireland. No further sentence adjustments were made.
Two men, uncles of the victims, were jailed for 15 years each in the Munster abuse trial for raping, abusing and exploiting their niece and two nephews. Their convictions were appealed on the basis of a letter sent by a juror to the trial judge. The Court of Appeal heard the two‑day appeal and reserved its ruling on both cases. The appeal argued that the juror's letter could have tainted the verdicts and that the men should have been tried separately due to prejudicial evidence. The State maintained that the jury deliberated in privacy and that the letter did not raise any doubt about the validity of the verdicts. The Court of Appeal has not yet decided the appeals, which will continue at the three‑judge court. The trial was held at Croke Park in summer 2021, and the men were found guilty on most of the 78 counts against them.
A 73‑year‑old pensioner, whose identity is protected, lost an appeal against his conviction for sexually abusing his young daughter in the 1980s. He had pleaded not guilty to two counts of indecent assault but was found guilty on two other counts and sentenced to three years and six months' imprisonment, to run concurrently. The appeal argued that missing evidence from a "healer" and delays in the prosecution had made the trial unfair. The Court of Appeal, led by Justice Patrick McCarthy, rejected the appeal, stating there was no basis that any healer's involvement was relevant to the charges or that missing evidence existed. The judge upheld the trial judge's warning to the jury about delays and found no prejudice against the appellant. The conviction remains in place.
Over fifteen years after the mistaken‑identity murder of rugby player Shane Geoghegan, John Dundon, who ordered the hit, has been assigned a new legal team and will have his appeal against his 2013 murder conviction heard on 22 April 2024. Dundon had previously dismissed his lawyers, claiming they had failed to raise a new ground of appeal that he said had been identified recently. The Court of Appeal granted the withdrawal of his former counsel and allowed solicitor Phelim O'Neill, of Morgan Shelley, to take over. Dundon was also granted free legal aid for the new team. The judges set a strict timetable: motions for new grounds and affidavits must be filed a week before the hearing, and any documents to the State must be served in time for the State to respond. The appeal will proceed on 22 April, "come what may," with no further adjournments expected unless exceptional circumstances arise.
Lawyers for Aaron Brady, who shot Detective Garda Adrian Donohoe in 2013, warned that the upcoming trial for perverting the course of justice could generate damaging publicity. Michael O'Higgins SC told the Special Criminal Court that Brady is still awaiting the outcome of an appeal against his murder conviction. If the appeal succeeds, a retrial at the Central Criminal Court, which would involve a jury, may follow. O'Higgins expressed concern that media coverage could influence jurors and plans to apply to the court, citing the Irish Times v Murphy judgment on media reporting. The perverting the course of justice trial was adjourned to allow the defence to consider new evidence. Brady (33) and co‑accused Dean Byrne (30) are charged with conspiring to persuade State witness Daniel Cahill not to testify between April and June 2020, and with recording a video of a witness interview between February and May 2020.
In March 2024 the Court of Appeal found that the two‑and‑a‑half‑year sentence given to John Lindsay, a 48‑year‑old "trusted operative" involved in a €1.2 million heroin exchange, was too lenient. Lindsay had pleaded guilty to possession of drugs for sale and supply in March 2023, and at sentencing he was said to have been acting in a warehousing and delivery capacity to reduce a €20 000 drug debt. Gardaí had tracked his movements, and dash‑cam footage showed him handing a co‑accused a bag that later contained €831 000 of heroin, with an additional €420 000 seized at his home. The State appealed on the grounds of undue leniency. The Court of Appeal quashed the original sentence, increased the headline sentence to 10 years, and, after a four‑year deduction for mitigating factors, suspended the final two years, citing Lindsay's family commitments, charitable work, and rehabilitation progress in prison.
The Court of Appeal has quashed the original sentence of Edward 'Blondie' Stokes, increasing his prison term by four years. Stokes, 33, of Ferriskill, Granard, Co Longford, had previously pleaded not guilty to all counts but was found guilty by a unanimous jury after a nine-day trial. In January last year, Judge Kenneth Connolly sentenced him to three years for violent disorder, with the final six months suspended for 12 months. He also received concurrent sentences of two years and three months for endangerment and 18 months for the production of an article. The State successfully appealed on grounds of undue leniency. The Court of Appeal, led by Mr Justice Patrick McCarthy, determined that the original headline sentence was incorrect given the aggravating factors, including the use of a shillelagh and the premeditated nature of the attack. The court set an appropriate headline sentence of eight years for violent disorder. After accounting for modest mitigation, Stokes was sentenced to seven years' imprisonment, with the final six months suspended. He must serve six-and-a-half years in jail. The other concurrent sentences remain as originally imposed.
John Dundon, convicted in 2013 of ordering the murder of Shane Geoghegan, is currently appealing his conviction. The Court of Appeal granted an application for Dundon's lawyers to withdraw from the case. Dundon told the court he discharged his legal team after claiming they failed to properly advance a new ground of appeal regarding undisclosed trial evidence. The Director of Public Prosecutions accused Dundon of a "cynical ploy," noting similar tactics were rejected by the Special Criminal Court and High Court during his 2013 trial. The DPP stated that disclosure was carried out in full and expressed anxiety to conclude the matter, citing the victim's mother's desire for an end to the proceedings. The presiding judge, Mr Justice John Edwards, granted an adjournment but warned that Dundon must instruct new lawyers immediately, with all paperwork completed by April 8. The appeal hearing is scheduled for April 22, and the court stated it would not entertain further adjournment applications barring exceptional circumstances. Dundon, who is serving a life sentence, was found guilty at the Special Criminal Court of ordering the hit that killed Geoghegan in a case of mistaken identity. Gunman Barry Doyle, who admitted shooting Geoghegan during garda interviews, later pleaded not guilty at trial. He was found guilty by a jury at the Central Criminal Court and sentenced to life imprisonment in 2012.
Eugene Hanratty Snr, 65, of Crossmaglen, Co Armagh, will remain in custody after the Court of Appeal dismissed his appeals against conviction and sentence. He was convicted by a jury in October 2022 of assault causing harm to neighbour Martin McAllister in November 2012, an incident that left Mr McAllister with multiple broken facial bones and permanent loss of peripheral vision. Hanratty Snr, who pleaded not guilty, had been sentenced to three years' imprisonment, comprising a headline sentence of five years reduced by one year in mitigation and a further year suspended. Mr Justice Birmingham, presiding over the appeal, stated the headline sentence was "entirely understandable" and the mitigation "generous," finding no basis to deem the sentence unduly severe. The court also rejected the defence argument that the trial judge erred by treating the lack of a guilty plea as an aggravating factor, noting this is deeply embedded in jurisprudence. Additionally, the court deprecated the "developing practice" of defence applications to withdraw cases from juries as a matter of course, affirming the trial judge was correct to refuse such an application. The appeals were dismissed, leaving the original conviction and sentence intact.
In an appeal-stage report, Judge Pauline Codd sentenced a 16-year-old boy to a three-year period of detention for violent disorder and a concurrent two-year period for assault causing harm. The boy pleaded guilty to these charges following an unprovoked attack on four English tourists in Dublin's Temple Bar in August 2023. Prosecution evidence alleged the teenager punched a victim, dragged another to the ground, and stamped on the head of a third man who was already on the ground. The court heard the defendant has 18 previous convictions, including six for assault causing harm. While imposing the sentences, Judge Codd stated that if the offender were an adult, she would have imposed six years for violent disorder and four years for assault causing harm. She directed that the boy receive credit for time already in custody on a separate matter. The judge also highlighted a legislative gap, noting that supervision orders for juveniles become unenforceable once they turn 18, leaving the court's hands "effectively tied." She urged the Oireachtas to address this issue urgently and suggested the Office of the Director of Public Prosecutions take it up. Defence counsel noted the boy was in State care, diagnosed with ADHD and Oppositional Defiant Disorder, and had been clean from cannabis. The matter was not adjourned; the sentences were handed down.
The State has applied to the Court of Appeal to increase the 2½‑year jail sentence imposed on Jason Owens, a former Irish taekwondo international, for striking Conor Kelly in a pub toilet on New Year's Day 2020. Owens pleaded guilty in June 2023, and Judge Martin Nolan had sentenced him to 3½ years with the final 12 months suspended. The State argues the headline sentence of seven years was too low and that the 50 % reduction for mitigating factors was unduly lenient, citing Owens' late guilty plea, lack of prior convictions and a letter of apology. The Court of Appeal, hearing evidence of the assault, the serious head injury sustained by Kelly, and mitigating circumstances such as Owens' remorse and psychological issues, has adjourned the decision to 9 April 2024. The case remains at the appeal stage, with no final judgment yet issued.
At the appeal stage of the case, Michael Murray, a convicted rapist and child abductor serving a combined 35-year sentence in the Midlands Prison, was found guilty of one count of knowingly making a false report giving rise to an apprehension for the safety of someone else while he was imprisoned in the Midlands Prison, Portlaoise on March 7, 2021. Murray had pleaded not guilty to the charge, but was convicted by a jury in Dublin Circuit Criminal Court following an eight-day trial. Judge Patricia Ryan imposed a two-year prison sentence to run consecutively to the sentence he is currently serving. The court heard that an anonymous caller phoned the Samaritans claiming to be from the Irish National Liberation Army (INLA) and said explosives had been planted at the home of Minister for Justice Helen McEntee. The call was traced back to Murray's cell in the Midlands Prison. Murray admitted making a call to the Samaritans but denied making the threat. He also stated that he had a 'gripe' with Fine Gael and the Minister for Justice. The matter was adjourned for further proceedings.
At a sentence hearing in the appeal stage, Michael Murray, a convicted rapist and child abductor serving a combined 35-year sentence in the Midlands Prison, stated he does not accept the jury's verdict of guilt on a charge of knowingly making a false report giving rise to an apprehension for the safety of someone else while he was imprisoned in the Midlands Prison, Portlaoise on March 7, 2021. Murray had pleaded not guilty to the charge and was found guilty by a jury in a trial earlier this month. The charge relates to a bomb threat made against the home of Minister for Justice Helen McEntee. The case was adjourned for finalisation until March 19. Murray was excluded from his July 2021 sentence hearing and moved to another courtroom after he threw a bible, narrowly missing Judge Karen O'Connor. The matter was adjourned and never described as concluded or finalised.
Victor Akinlade, a man in his sixties, has lost his appeal against convictions for violent disorder, assault causing harm, and the production of a baseball bat. In May 2022, a jury at Dublin Circuit Criminal Court unanimously convicted Akinlade, who had pleaded not guilty to all three charges. He was sentenced to five years for violent disorder, four years for assault causing harm, and a further four years for producing the bat used to assault Garda Jonathan Ryan, with all sentences to run concurrently. The trial concerned an incident in May 2018 in Carrickmines, where Akinlade alleged he attacked an unidentified intruder who smashed his door glass. Garda Ryan testified that he had identified himself as a plain-clothes officer and that Akinlade struck him with the bat. On appeal, Akinlade argued he did not know the officer was a Garda and claimed the injuries were self-inflicted. Ms Justice Úna Ní Raifeartaigh dismissed the appeal, ruling that the Section 18 defence was unavailable because the force was used against a member of An Garda Síochána acting in the course of duty. She further determined that the legality of the Garda's entry was a minor issue for the jury and that no injustice was caused by the trial judge's failure to rule on it.
Mr Justice George Birmingham, President of the Court of Appeal, announced his retirement at the end of July after a long career that included service as a High Court judge from 2007, a Fine Gael TD for Dublin North Central from 1981 to 1989, and a Minister of State from 1982 to 1987. He was called to the bar in 1976. Tributes were paid by colleagues, including Mr Justice John Edwards, who described him as a caring, supportive, and people‑oriented judge who had a special affection for Cork and Munster. Judge Helen Boyle highlighted his pioneering work on child sexual abuse investigations in the Catholic Church. Birmingham noted his personal connection to Cork and Munster through his grandparents' origins and thanked everyone for their kind words before concluding his remarks with a modest, humorous note. The Court of Appeal sat at Anglesea Courthouse in Cork City during the announcement.
In March 2024 a Cork woman, aged 46, who had received a fully suspended three‑year sentence for wilful neglect, sexual assault and exploitation of her toddler son, filed an appeal to overturn her conviction. The Central Criminal Court heard that the defendant, described as having very limited cognitive functioning, did not accept the jury's verdicts. She was found guilty of neglecting the child from September 2010 to June 2015, and of sexual assault and exploitation between September 2013 and June 2015. The child, who was between one and four‑and‑a‑half years old, was taken into foster care and later State institutional care. The appeal argued that the child cruelty charge was couched in generalised terms, that the trial judge erred in refusing to edit emotive Garda interviews, and that the child's evidence was unreliable due to memory loss. The Court of Appeal has reserved judgment. The unnamed accused pleaded not guilty.
Ian Horgan, a convicted rapist and killer, had his jail term increased from eight and a half years to 11 years and three months by the Court of Appeal for the assault causing serious harm on Hassan Baker. The appeal considered video evidence of the hammer attack on March 26, 2022, at McCurtain Villas, Cork, where Horgan used a claw‑hammer to strike Baker, choke him, and then continue striking him, causing severe injuries. Horgan also attacked Baker's mother, Mary O'Callaghan, breaking her wrist. The Court of Appeal found the original sentence too lenient, citing Horgan's history of violence and the extreme nature of the attack, and imposed the increased term with no portion suspended. The assault causing harm sentence for O'Callaghan was not altered. The decision was based on the evidence presented in the appeal hearing. Ian Horgan pleaded guilty.
Fintan Tindley, a 50‑year‑old former HSE worker from Cork, pleaded guilty to a series of post office robberies and an attempted robbery in November 2022. He used a knife to threaten customers and postmistresses at South Douglas Road and Ballintemple post offices, taking €2,380 and €1,300 respectively, and later attempted a third robbery at South Douglas Road but fled empty‑handed. Tindley had sent about €19,000 to his fiancée Skye in the United States, money that included proceeds from the first two robberies; she was unaware of the source. He had also borrowed money from a credit union, An Post, and from two pensioners. The Court of Appeal dismissed the State's application for a higher sentence, upholding the trial judge's decision of five years' imprisonment with the final 12 months suspended, after a detailed review of mitigating and aggravating factors.
In a Court of Appeal hearing, the State argued that the nine‑year jail term imposed on a 43‑year‑old former GAA coach was too lenient for the extensive sexual and physical abuse he inflicted on a boy from age 13 to 15. The coach had pleaded guilty to attempted rape, seven counts of anal rape, four counts of sexual assault, two counts of assault causing harm and one of harassment, with offences occurring between 2004 and 2010 at his home, a sports ground and a Dublin hotel. The original sentencing court had given 10½ years, with the final 18 months suspended. The State highlighted the victim's "continuum" of abuse, grooming, physical violence and later phone harassment, claiming the nine‑year sentence did not reflect the destruction of the boy's life. The defense maintained that the judge had applied a 2½‑year reduction for a significant guilty plea and that the suspended period was necessary for reintegration.
Patrick Shanahan, 77, a pensioner from Co Limerick, was convicted in August 2022 of 14 counts of sexually assaulting his two granddaughters, Daria and Tara Tobin, when they were aged 10 to 14 in 2010 and 2014. He received an 11‑year jail term, with the final two years suspended, after a unanimous jury verdict. Shanahan appealed to the Court of Appeal in Cork, arguing that the sentencing judge had wrongly treated his refusal to accept the jury's verdict as an aggravating factor. The Court of Appeal, led by Ms Justice Úna Ní Raifeartaigh, rejected the appeal, finding no error in the judge's remarks. The court noted the seriousness of the repeated assaults, the vulnerability of the victims, and the lack of mitigating factors, and upheld the original sentence. The appeal was dismissed for severity of sentence. Patrick Shanahan pleaded not guilty.
Two men, aged 29 and 28, were convicted of gang‑rape of a 14‑year‑old girl who was comatose with alcohol on 22 April 2017. They were sentenced to 11 years in prison each, with a headline sentence of 13 years. The men appealed, arguing the headline was too high and that insufficient discount had been applied for mitigating factors. The Court of Appeal in Cork dismissed the appeal, confirming the 13‑year headline and the 11‑year custodial term. The judge said the case involved a high level of degradation and that the victim was vulnerable. The men had denied the offences and had no guilty plea. The appeal was rejected, and the men must serve the full sentences. The complainant remains traumatised by the assault.
Child-killer Karen Harrington, who is serving a life sentence for the murder of two-year-old Santina Cawley, has launched an appeal to overturn her conviction, arguing that CCTV footage of her home breached her privacy rights. The appeal was heard at the Court of Appeal in Cork, where Jane Hyland SC for the appellant claimed that the footage from Clanrickarde Estate, which captured both the exterior and interior of Harrington's dwelling, was highly prejudicial and should not have been admitted into evidence. Ms Hyland argued that the footage violated Harrington's right to privacy under the Irish Constitution, EU law, and the European Convention on Human Rights. She also referenced the Data Protection Act 2018 and the case of Graham Dwyer, who is serving a life sentence for the murder of Elaine O'Hara, to support her argument. Sean Gillane SC for the State countered that the issue of CCTV had been addressed during the trial, with the footage being truncated and examined by the jury. The court reserved its judgment in the matter. The appeal is currently under consideration, and no finalised decision has been made.
The Supreme Court has been asked to overturn orders that would reinstate Mr Aodhagan Ó Suird as principal of Gaelscoil Moshiolog, following a decade‑old dismissal deemed unfair by the Labour Court and the High Court. Lawyers for the school board argue that the Labour Court erred in finding the dismissal unjust, citing irrelevant considerations and failure to consider relevant matters. They also challenge the High Court's ruling that the board must pay Mr Ó Suird's legal costs on a higher practitioner‑client scale. Mr Ó Suird's counsel rejects these arguments, insisting the orders in his favour should stand. The Supreme Court, hearing the appeal on public‑interest grounds, has reserved judgment and will decide as soon as possible. The case centres on alleged misconduct by Mr Ó Suird, including a 2012 incident with a student and accusations of inflated enrolment figures, which the court described as "unfounded" and "unprincipled.".
The Central Criminal Court issued an arrest warrant for Lounes Ouachek, 54, of Tallaght, Dublin 24, after he allegedly breached release conditions by attempting to contact his victim. Det Sgt Mary Fitzpatrick informed the court that Ouachek failed to appear despite notification. Mr Justice Paul McDermott ordered the warrant. Ouachek pleaded guilty in 2014 to the attempted murder of his wife, Ruta Ouachek, at their home on August 23, 2012. He was sentenced to 15 years imprisonment with the final three suspended by Mr Justice Paul Carney on July 21, 2014. The Court of Appeal later reduced his sentence to 15 years with the final four suspended. Garret McCormack BL, for the DPP, stated a condition required no contact with his wife in perpetuity. The court heard Ouachek, an Algerian national, developed resentment toward his wife's independence after she entered full-time education. He allegedly attacked her with a kettle-bell, causing skull and facial fractures. After the incident, he left the house, drove to Dublin airport, and flew to Tunisia via Paris. He was subsequently arrested in Germany on an extradition warrant. The matter was adjourned.
At the appeal stage, Michael Murray, a convicted rapist and child abductor, was found guilty by a jury of making a bomb threat against the home of Minister for Justice Helen McEntee. Murray, who is serving a 19-year sentence in the Midlands Prison, had pleaded not guilty to one count of knowingly making a false report giving rise to an apprehension for the safety of someone else while he was imprisoned in the Midlands Prison, Portlaoise on March 7, 2021. The jury returned the verdict after deliberating for five hours and 10 minutes. Murray made no reaction as the verdict was handed down in court. Judge Patricia Ryan thanked the jurors for their service and adjourned the matter for sentencing next Friday. She remanded Murray in continuing custody. During the trial, it was established that the call to the Samaritans was traced back to Murray's cell, and his unique identification number was used. Murray had previously been jailed in 2013 for 15 years for falsely imprisoning, raping, and sexually assaulting a woman, with his sentence later increased to 19 years by the Court of Appeal. He has 34 previous convictions, including for common assault, carrying firearms, robbery, and aggravated burglary. Murray was excluded from his July 2021 sentence hearing and moved to another courtroom after he threw a bible, narrowly missing Judge Karen O'Connor. She described his actions as 'a fundamental attack on our system of justice.' The matter was adjourned for sentencing next Friday.
David Howard, a retired firefighter from Dun Laoghaire, pleaded guilty to a charge of violent disorder arising from an incident on October 15, 2019, at Loughlinstown Drive, Loughlinstown, Co Dublin. The matter was heard at Dublin Circuit Criminal Court, where the prosecution alleged Howard engaged in a "boxing match" with a third party during an altercation in which his cousin, Derek Reddin, was fatally stabbed by Andrew Lacey. Lacey was previously found guilty of manslaughter, and the Court of Appeal recently quashed his original sentence of seven and a half years with 18 months suspended, imposing a new term of six years and nine months. In Howard's case, the court accepted he had no previous convictions, acted as a central witness in Lacey's trial, and attempted to provide first aid to the deceased. Judge Martin Nolan described the incident as unfortunate, noting Howard's limited involvement and good behavior afterward. He imposed a nine-month sentence suspended on strict conditions, determining that Howard did not deserve a prison term.
In March 2023, at the Central Criminal Court, Stephen Mulvey (32) and Jamie Berry (28) were found not guilty of attempted murder of a 17‑year‑old boy on 24 February 2021, possession of a Beretta pistol with intent to endanger life, and Berry was also charged with criminal damage to a home on Eugene Street. Both men had pleaded not guilty to all charges. In March 2024, the Court of Appeal overturned the acquittals, ruling that the evidence presented at the original trial required a jury's consideration. The Court of Appeal quashed the acquittals and ordered a retrial. Mr Justice Paul McDermott announced that the retrial would commence on 14 October 2024 at the Central Criminal Court. The case concerns the attempted murder of a teenager at a Dublin south inner‑city residential estate and the alleged possession of a firearm and criminal damage on the same night.
Andrew Lacey, a 35‑year‑old father of five, was convicted of manslaughter for stabbing Derek Reddin to death on 14/15 October 2019 after an altercation on Loughlinstown Drive. The original sentence of seven and a half years with 18 months suspended was increased by the Court of Appeal to six years and nine months with no portion suspended. The appeal court found that the trial judge, Ms Justice Mary Ellen Ring, had given too much weight to the difficulties faced by Lacey's children, describing them as "innocent victims" and citing reports of educational issues. The Court of Appeal held that these circumstances were not central to the sentencing hearing and quashed the suspended portion, imposing the new term. The decision was made by a three‑judge panel, including Mr Justice George Birmingham, who noted that the suspended portion had no evidential basis in this case.
Dan Horan, a 32‑year‑old panto performer from Wicklow, pleaded guilty in July 2023 to sexually assaulting a 26‑year‑old man at a house party in Naas in July 2020. The victim had fallen asleep after receiving cannabis from Horan. Horan was found to be rubbing the victim's penis while the victim's girlfriend discovered the assault at about 6 am, leading to the victim's distress. In February 2024 Judge Mary O'Malley Costello sentenced Horan to four‑and‑a‑half years' imprisonment, with the final 18 months suspended for two years. Horan appealed, arguing the headline sentence of six‑and‑a‑half years was too high. The Court of Appeal quashed the original sentence, re‑sentencing Horan to a headline of four‑and‑a‑half years, discounting 18 months, and suspending an additional 18 months to encourage rehabilitation.
Alan Ward, 56, was convicted of murdering his wife Catherine Doyle, 41, by stabbing her on 1 March 2019. He pleaded diminished responsibility, claiming a stroke in 2017 had caused a mental disorder. At trial, the State's psychiatrist, Dr Damian Smith, referenced Ward's history of violence and argued alcohol intoxication was the likely cause of the murder, while the defence psychiatrist, Dr Paul O'Connell, acknowledged a brain injury and PTSD but declined to opine on the ultimate issue of diminished responsibility. Ward's appeal argues that Dr Smith should not have been allowed to give opinion evidence on the ultimate issue, as this should be decided by the jury. The Court of Appeal will reserve judgment on the appeal. The article reports the trial facts and the appeal's legal contentions but does not state any outcome of the appeal.
Vesel Jahiri, 43, was convicted of murdering Anna Finnegan, 25, and stabbing her brother Karl in 2012. He was sentenced to life imprisonment in 2017 after a jury found him guilty of both murders. Jahiri represented himself at the Court of Appeal, where he submitted a range of allegations, including claims that Gardaí conspired to manufacture evidence, that CCTV footage had been tampered with, and that he was denied the right to inspect the murder weapon. The three‑judge panel found his submissions to be inadmissible hearsay, unsupported assertions, and irrelevant material. They dismissed all grounds of appeal, stating that the trial judge had acted correctly and that Jahiri's claims had no evidential foundation. Jahiri, who appeared by videolink from Midlands Prison, said he would appeal to the Supreme Court. Vesel Jahiri pleaded not guilty.
In February 2024 the Court of Appeal quashed the acquittals of Jamie Berry (28) and Stephen Mulvey (32) in the attempted murder of a 17‑year‑old Dublin teenager. The original trial judge, Ms Justice Eileen Creedon, had directed a jury to find both men not guilty due to insufficient evidence. The appeal court, led by Mr Justice George Birmingham, held that the prosecution had presented ample circumstantial evidence – including CCTV footage of vehicles, forensic findings of firearm residue on gloves, and the recovery of a pistol in a burned‑out Hyundai – sufficient for a jury to convict. Mr Justice Birmingham noted that the trial judge had effectively acted as a jury by dismissing the case, and therefore the acquittals were overturned and a retrial was ordered at the Central Criminal Court. The case remains pending for the next hearing.
The Court of Appeal rejected the appeal of a 44‑year‑old man convicted of raping and sexually assaulting his daughter over eight years. He had been sentenced to eleven years' imprisonment, with the final year suspended, after a 2020 trial at the Central Criminal Court. The appellant claimed he lacked proper legal representation, alleging a legal executive, not a solicitor, had taken notes of consultations. The court found the trial was conducted in due course of law, noting affidavits from his former legal team and that the appellant was represented by a senior counsel. The appeal was dismissed, and the man will remain in prison. The case involved a complex family and community context, but the court focused on procedural issues rather than the substantive allegations. The decision was delivered by Ms Justice Burns. The unnamed 44-year-old pleaded not guilty.
Noel Foran, 61, of Lucan, was sentenced to three years' imprisonment in July 2023 after pleading guilty to ten sexual assaults on his stepdaughter between 1991 and 1998. The judge imposed 18‑month sentences on the first and tenth charges to run consecutively, while the remaining eight were considered together. Foran's appeal to the Court of Appeal was dismissed on 26 February 2024, with Justice Tara Burns ruling that the sentencing judge had no error in principle in imposing consecutive sentences. Foran admitted to touching his stepdaughter's vagina while she slept, claiming the acts never progressed beyond touching and that he masturbated. He had no prior convictions and had engaged in counselling at the Granada Institute. The victim, Irene Cullen, gave a victim‑impact statement describing lasting PTSD, self‑harm, and prolonged hospital stays. The Court of Appeal upheld the full three‑year term, rejecting the appeal for a reduced sentence.
John Murphy, a 43‑year‑old married secondary school teacher, was found guilty of sexually exploiting a 16‑year‑old girl via Instagram between June 2017 and June 2018 and of possessing child pornography in 2008 and 2010. He pleaded guilty at Wicklow Circuit Criminal Court in July 2023. The Court of Appeal, after reviewing a probation report that highlighted Murphy's hostility to women, medium risk of reoffending, and the serious impact on the victim, ruled that the original one‑year sentence was too lenient. The appeal court doubled the sentence to three years, suspended the final 12 months, and clarified that the effective custodial term is 24 months. The decision was based on aggravating factors such as the prolonged communication, explicit sexual content, and the victim's vulnerability, while mitigating factors like Murphy's lack of prior convictions and cooperation with Gardaí were deemed insufficient to offset the seriousness of the offences.
The Court of Appeal overturned a High Court ruling that two children, who had arrived in Ireland with their parents in 2021, were not wrongfully retained. The appellate panel, consisting of Justices Whelan, Ni Raifeartaigh and Power, held that the children had indeed been wrongfully retained by their mother, breaching the father's custody rights, and should be returned to their country of birth. The High Court had dismissed the father's application under the Hague Convention, finding that the mother's retention was not wrongful and that the father had consented to the children remaining in Ireland. The Court of Appeal noted that the father had not truly consented, citing a brief, pressured text message in 2022 that was not clear or unambiguous. The appellate court ordered the children's return, subject to the father's undertaking to pay for their journey home and to allow the mother to reside with them at the family home if she wished to return.
At a High Court hearing, Mr Justice Mark Sanfey excluded several members of Enoch Burke's family, including Isaac Burke, from attending next week's review of Enoch Burke's ongoing refusal to stay away from Wilson's Hospital School in Co Westmeath. The judge ruled that Sean, Martina, Isaac, and Ammi Burke could not attend due to their disruptive behavior, which included shouting and roaring on several occasions in court. The court offered the family members the opportunity to attend if they provided undertakings not to disrupt the proceedings, otherwise they would be allowed to view the hearing via video link. The family members, including Dr Isaac Burke, strongly objected to their exclusion. During the hearing, Dr Burke was physically removed from the courtroom by gardai after he refused to comply with the judge's direction to leave. Enoch Burke, via a video link from Mountjoy Prison, also addressed the court, claiming he had no advance warning of the application to exclude his family members and accused the judge and other members of the judiciary of being 'liars.' Mr Justice Sanfey stated that the court had written to the family members in advance regarding the proposal to exclude them and that their past behavior at previous hearings had been a factor in the decision. The judge emphasized that the court was entitled to take steps to maintain good order and that the constitutional rights of the public to attend court had been considered. The matter is currently at the appeal stage.
Michael Murray, a convicted rapist and child abductor, lost an appeal against a disciplinary sanction imposed by the Governor of the Midlands Prison for throwing a bible at Judge Karen O'Connor during a sentencing hearing in July 2021. The sanction, which removed ordinary privileges for 40 days, was upheld by the High Court and the Court of Appeal. The Court of Appeal agreed with the lower court that the Governor was lawfully entitled to discipline Murray under the 2007 Prison Rules Act, even though the incident occurred while he was in court custody. The Court of Appeal dismissed all but one of Murray's arguments, finding that the Governor's action was within jurisdiction. The Court also allowed an appeal concerning the High Court's refusal to recommend payment to legal representatives under the Legal Aid Custody Issue Scheme. Murray, aged 51, had previously been sentenced to 16 years for threats and harassment, and had earlier convictions for rape and sexual assault.
Noel Foran, 61, of Lucan, was sentenced in July 2023 to three years' imprisonment for ten sexual assaults on his step‑daughter between 1991 and 1998. The court imposed 18‑month consecutive sentences for the first and tenth charges, while the remaining eight were considered by Judge Orla Crowe. Foran pleaded guilty before trial and claimed he had been "cured" after attending the Granada Institute in 2004. At the Court of Appeal, his counsel argued the consecutive sentences were disproportionate, noting Foran's lack of prior convictions and his low risk of reoffending. The appeal also highlighted the victim's prolonged suffering, including PTSD, self‑harm, and over 500 days in St Patrick's Hospital. The court reserved judgment on the appeal, noting the sentencing judge had discretion to impose a single four‑year sentence or consecutive terms. The case remains pending.
The Court of Appeal has dismissed the bulk of an appeal by Dafora Unlimited Co, trading as Mr Price Branded Bargains, against a High Court ruling that prohibited it from selling certain grocery items at Barrow Valley Retail Park. The court upheld the decision by Mr Justice Mark Sanfey, which found that Dafora breached its lease by selling goods defined as groceries alongside anchor tenant Dunnes Stores. The High Court had determined that 'groceries' extends beyond food to include non-durable consumable household items purchased frequently, such as cleaning products, toiletries, and pet care items. Dunnes and landlord Camgill Property A Sé Ltd had secured an injunction preventing these sales. Dafora argued the High Court erred in interpreting the lease and that the injunction was ambiguous. The Court of Appeal, comprising Mr Justice Seamus Noonan, Mr Justice Robert Haughton, and Ms Justice Nuala Butler, largely agreed with the High Court's findings. However, the court amended one declaration to add the phrase 'provided that such items are non-durable' to the list of prohibited items, aiming for greater clarity. Mr Justice Haughton noted that Dunnes was substantially successful. Consequently, the court proposed that Dafora pay 90% of Dunnes' costs of the appeal, with the costs order to be finalised at a later date.
John Murphy, a 43‑year‑old married secondary school teacher, was sentenced to one year in prison for sexually exploiting a 16‑year‑old girl via Instagram. He communicated with the victim for a full year while she was preparing for her junior certificate exams, with the content escalating to explicit descriptions of penetration. A probation report noted that Murphy tended to rationalise his behaviour, had a medium risk of reoffending, limited understanding of the harm caused, emotional disconnect, limited insight, and displayed sexually compulsive behaviour over a long period. The sentencing judge had originally set a headline sentence of six years, reduced it to three years, and suspended the final two years, a decision criticised by the Director of Public Prosecutions for placing too much weight on mitigating factors such as Murphy's good career and lack of prior convictions. Murphy also pleaded guilty to possession of child pornography in 2008 and 2010. The Court of Appeal reserved its judgement.
Hamid Zatout, aged 26, had been sentenced to six and a half years for a series of robberies in which he snatched designer watches from vulnerable victims, some worth up to €47,000. The Court of Appeal, after reviewing the evidence of multiple robberies and an attempted robbery, warned his lawyers that an appeal could result in a higher sentence. Following a discussion with the court's president, Mr Justice George Birmingham, Zatout's lawyers withdrew the appeal, citing the court's willingness to increase the sentence if an error was found. The court noted that the offence was very serious and that the sentencing judge had considered a "double figures" sentence. Zatout had pleaded guilty to four robbery charges, one assault causing harm, and one attempted robbery, and had been living in a hotel in Dundalk at the time of his arrest. The case involved extensive CCTV evidence and the involvement of accomplices who followed victims before the robberies.
In February 2024 the Court of Appeal quashed the convictions of John O'Donoghue, a 54‑year‑old from Rathkeale, who had been jailed for ten years for assault causing serious harm to a 74‑year‑old Willie O'Driscoll Sr. in December 2017. The appeal was based on the prosecution's failure to obtain and preserve CCTV footage that a local resident had confirmed was operational at the time of the incident. The court found that Gardaí had an established duty to seek out such footage, but had not done so, depriving O'Donoghue of a reasonable prospect of defence. The court also noted that a Garda notebook was disclosed to the defence during the trial without prior notice, a procedural fault that was deemed unsatisfactory but not sufficient to overturn the conviction on that ground alone. The convictions were quashed and the case was adjourned for a possible retrial on 22 March 2024. John O'Donoghue pleaded not guilty.
A Roscommon man convicted of repeatedly sexually assaulting a teenage girl employed as a babysitter has had his sentence reduced on appeal. Michael King, aged 53 and resident of Warren View, Boyle, was originally sentenced to five and a half years imprisonment by Roscommon Circuit Criminal Court in May 2023 following his conviction on twelve counts of sexual assault. The Court of Appeal has now reduced his term by fifteen months. King had pleaded not guilty but was unanimously convicted by jury of all charges relating to offences against a girl aged 16, committed over a nine-month period ending in September 2005. The Court of Appeal found the trial judge erred in imposing consecutive sentences, determining the cumulative headline sentence of ten and a half years was excessive. The court re-sentenced King to five years imprisonment with the final nine months suspended. Mr Justice Patrick McCarthy cited mitigating factors including the passage of time since the offences and King's subsequent pro-social conduct, though noting the absence of a guilty plea.
The Court of Appeal dismissed the appeal of a 49‑year‑old man who had been convicted of raping his partner's seven‑year‑old son. The appellant argued that the trial was unfair because the child had been given incorrect information that the man had previously been jailed for raping a girl, and that this had influenced the child's initial complaint and interview. The Court found that the alleged erroneous information did not affect the fairness of the trial and that the trial judge had properly exercised her discretion to refuse a directed acquittal. The conviction, obtained at the Central Criminal Court in July 2024, remains in force. The man was sentenced in October 2022 to eight years' imprisonment for rape and three years and six months for sexual assault, to run concurrently, after the judge noted his position of trust and deception of the child. The Court of Appeal upheld the original verdict and sentencing.