At the appeal stage, Gerard Cervi was found guilty of murdering Robert 'Bobby' Messett (50) at Bray Boxing Club, Bray Harbour, Co Wicklow on June 5, 2018. Cervi had pleaded not guilty to the murder charge and also to the attempted murders of Mr Taylor and Ian Britton on the same date and at the same location. However, a jury unanimously found him guilty of the murder of Mr Messett, despite acquitting him of the attempted murder charges. Following today's hearing, Mr Justice Karen O'Connor sentenced Cervi to life imprisonment. The victim's children, Demi and Gary Messett, addressed the court during the sentencing hearing, expressing their grief and frustration over the senseless nature of the crime. No motive was ever advanced for the shooting, and it was confirmed that Mr Messett was not the target. Cervi, who has been in custody for over five years since his arrest in September 2018, was convicted last week after two trials lasting a combined 17 weeks over a two-year period. The matter was adjourned at the appeal stage and was never described as concluded or finalised.
In December 2023 the Court of Appeal upheld a decision that Pearse O'Connor, a 41‑year‑old contractor from Dundalk, would not serve jail time for a second time after a fully suspended five‑year sentence was deemed too lenient. O'Connor had pleaded guilty in April 2021 to six charges of invoice fraud and fraudulent trading, having used false invoices to secure €369,000 from Keys Commercial Finance to keep his company afloat during financial hardship in 2015. The original trial court had suspended the entire sentence and banned him from directing a company for life. The appeal court noted that the offence involved large sums over several months and that the custodial threshold had been crossed, but it also recognised O'Connor's ongoing efforts to reform, including addressing an alcohol problem and maintaining family responsibilities.
In November 2023 the Court of Appeal ruled that the quashing of Darren Thompson's gang‑rape conviction was not a miscarriage of justice. Thompson, 30, had been jailed for six years with two years suspended after a 2017 jury conviction for raping a 21‑year‑old nightclub patron. In 2020 the conviction was overturned when the Director of Public Prosecutions did not oppose his application, but no retrial was ordered. Thompson's lawyers sought a miscarriage‑of‑justice certificate under Section 9 of the Criminal Procedure Act, arguing that undisclosed Garda and Tusla documents – relating to unfounded child‑sexual‑abuse complaints made by the complainant – were a newly discovered fact. The three‑judge panel found the failure to disclose was a "human error", not bad faith, and that the material would not have been decisive. Consequently the court denied the certificate, stating the error did not amount to a fundamental defect in the administration of justice. Darren Thompson pleaded not guilty.
In November 2023 the Court of Appeal rejected a mother's attempt to set aside her guilty plea for harassing a doctor at Temple Street Hospital. Marlies Walsh, 51, had pleaded guilty in 2022 to one count of harassment after repeatedly contacting the doctor by phone and email between 2017 and 2020 while her son awaited a kidney transplant. She argued that she was under duress and that her lawyers had given ineffective assistance, but the appeal court found no evidence of coercion or inadequate representation. The court noted that Walsh had been under significant stress but had understood the implications of her plea. The judge also dismissed her claim that the Garda investigation was flawed, stating that such matters were for trial. Walsh will appeal the severity of her suspended two‑year sentence at a later hearing.
Paul Wells Snr, aged 55, was convicted of murder after shooting Kenneth O'Brien in the back of the head and dismembering him with a chainsaw, disposing of the torso in a suitcase found in the Grand Canal. He claimed self‑defence, arguing he shot O'Brien when the gun fell and he feared being shot. His lawyers argued the trial judge's charge to the jury was incoherent and that the burden of proof was reversed. The Court of Appeal dismissed the appeal, stating the judge had adequately instructed the jury on self‑defence and that no fundamental injustice had occurred. Wells was sentenced to life imprisonment in November 2018, with no mention of a suspended portion or effective custody in the article. The case involved the discovery of O'Brien's torso and other body parts in the canal, and a history of financial transfers between the parties. The appeal was rejected in its entirety.
In 2017, Josh Turner, aged 31, was convicted of murdering Christopher Nevin in Navan after a dispute over a chihuahua. Turner was sentenced to life imprisonment. He now seeks to overturn his conviction on appeal, arguing that the trial judge erred in how he directed the jury on the defence of provocation and self‑defence. Turner's counsel contended that the judge incorrectly suggested the onus of proving provocation lay with the defence and failed to allow the jury to consider provocation in the context of violence against a third party. The State's counsel replied that the judge's charge was clear and that the jury had rejected provocation based on the facts. The Court of Appeal has reserved judgment on the appeal. The case remains at the appeal stage. Josh Turner pleaded not guilty.
In a historic hearing, the Court of Appeal's first all‑female panel—Ms Justice Isobel Kennedy, Ms Justice Tara Burns and Ms Justice Úna Ní Raifeartaigh—considered an appeal by John O'Donoghue, 54, who was convicted in November 2021 of assault causing serious harm and violent disorder at Bothar Buí, Rathkeale. O'Donoghue, jailed for ten years, argued that the prosecution failed to disclose a Garda notebook to the defence before the trial. The notebook, containing a description of the scene, was slid across the table by the prosecution while the Garda was giving evidence, a move described by Ms Justice Kennedy as "most unsatisfactory." O'Donoghue's counsel claimed the lack of disclosure prejudiced the defence, who had already cross‑examined witnesses. The panel noted the issue but, after hearing arguments from the State and the defence, said it would reserve its judgement on whether the conviction should be overturned. John O'Donoghue pleaded not guilty.
In a sophisticated operation, Andrew Lawlor (38) was caught with €1.2 million of cocaine hidden in a modified compartment of his van. He had originally pleaded guilty to possession of cocaine for sale or supply and was sentenced by Trim Circuit Court to four and a half years' imprisonment, with the final two and a half years suspended. The Court of Appeal, finding the headline sentence of six and a half years unduly lenient, quashed the original sentence and re‑sentenced Lawlor to seven and a half years, of which three and a half years were suspended. The final imposed term is four years' imprisonment. Lawlor, a father of two, had pleaded guilty, expressed remorse, and had been drug‑free and training to become a drug counsellor at the time of sentencing. The appeal was brought by the State, arguing the value and sophisticated concealment of the drugs warranted a higher headline sentence.
In a 2023 appeal, Gezim Idrizi, a 38‑year‑old security provider, failed to overturn a February 2023 conviction for assault causing harm. The appeal argued that the jury had no evidence about the DNA‑extraction machine used at the scene. The court held that the DNA evidence, extracted by a liquid‑handling unit and analysed by Ms Sarah Fleming of Forensic Science Ireland, was admissible and accurate. The judge noted that the machine was merely a physical aid and that Ms Fleming personally analysed the DNA. The appeal was dismissed. Idrizi had been sentenced to three years and nine months' imprisonment, with the final six months suspended for two years. The case involved a serious assault at a GZ Security office in Dublin 11, where the victim was bound, struck, and left for a hospital. The trial concluded that the assault was prolonged and involved multiple assailants. Gezim Idrizi pleaded not guilty and was acquitted.
Gerard Cervi has been found guilty of murdering Robert 'Bobby' Messett at the Bray Boxing Club in Co Wicklow on June 5, 2018. The Central Criminal Court jury unanimously accepted the prosecution's case that Cervi fired nine shots into the gym, killing the 50-year-old father of three. However, Cervi was acquitted of the alleged attempted murders of boxing coach Pete Taylor and Ian Britton, who were injured during the same incident. Cervi, who has no previous convictions, had pleaded not guilty to all charges. Following the verdict, Ms Justice Karen O'Connor remanded Cervi in custody until December 1, when she will hand down the mandatory sentence of life imprisonment. On that date, the Messett family will also have the opportunity to make a statement regarding the impact of the death. The judge offered her condolences to the family, praising their dignity throughout the trial. This verdict concludes a two-year period involving two trials that lasted a combined 17 weeks. The first trial collapsed in 2021 due to juror illness, while the second trial faced significant pre-trial legal issues. In a related procedural matter, the Court of Appeal previously considered Cervi's bail application, noting the difficulty of the case but ultimately keeping him in custody as a trial date was secured.
In a Court of Appeal hearing on 17 November 2023, the State argued that the fully suspended five‑year sentence imposed on Pearse O'Connor, a 41‑year‑old contractor from Dundalk, was too lenient for the €369,000 invoice fraud he committed against Keys Commercial Finance. O'Connor had pleaded guilty in April 2021 to six charges, including five for using false invoices and one for fraudulent trading under the Companies Act. The Court of Appeal noted that the fraud occurred over a short period but was carefully planned, resulting in a loss that grew from €186,000 to €622,000, with only €253,000 repaid. The State claimed the suspended sentence failed to reflect the seriousness of the offence and called for a custodial term. The appeal court will decide on 1 December 2023.
The Court of Appeal has overturned a trial judge's direction to acquit an unnamed 34-year-old man of rape, finding the ruling was wrong in law. The appellant, who pleaded not guilty, was originally charged with one count of rape and two counts of sexual assault, alleging that between January and September 2005, he sexually assaulted his six-year-old cousin in Dublin. At the Central Criminal Court trial in June 2022, Mr Justice David Keane directed the jury to discharge the rape charge, reasoning that the complainant had touched the accused on his invitation, meaning no assault occurred. The State appealed, arguing that any intentional touching without consent constitutes an assault. In its judgment, the Court of Appeal, led by Mr Justice John Edwards, stated that a child under the statutory minimum age cannot legally consent to such touching. The court ruled that the invitation itself could constitute force or impact, an issue that should have been left to the jury. Consequently, the appeal was allowed, and the DPP was granted permission for a retrial. The matter was adjourned, with the DPP directed to re-enter the case in the next list to fix dates at the Central Criminal Court on December 6.
The Court of Appeal overturned a High Court ruling that had reversed a District Court judge's refusal to hear the cases of three people accused of publishing online information that identified the teenage boys who murdered Ana Kriegel in 2018. The Court of Appeal held that the District Court judge had not acted unfairly and that a subsequent judge could reconsider jurisdiction. The three accused – Edel Doherty, 48, Kyle Rooney, 26, and Declan Corcoran, 30 – had been charged with posting photos and naming the boys on social media. They had been initially told by Judge Brian O'Shea that the District Court could hear their matters, but Judge John Hughes later ruled the offences were too serious for the District Court and sent them to the Circuit Court. The High Court had quashed Judge Hughes' decision, but the Court of Appeal vacated that order and remitted the matters back to the District Court for further consideration.
Jordan Keogh, a 27‑year‑old from Clondalkin, was on bail when he repeatedly moved cash, a handgun and ammunition for an organised gang. In February 2020 he was sentenced to six years' imprisonment for possession of €172,950 in crime cash, a semi‑automatic pistol, ammunition and drugs for sale. The original sentence comprised 3.5 years for two money‑laundering offences (concurrent), 2 years for cannabis possession (consecutive), and 1.5 years for the firearm offence with one year suspended, totalling seven years with 12 months suspended. The State appealed, arguing the judge had been too lenient, especially for the firearms offence. The Court of Appeal quashed the original sentences and re‑sentenced Keogh to nine years: 2 years for drugs, 3 years for the first money‑laundering offence (concurrent), 3 years for the second money‑laundering offence with 2 years suspended (consecutive), and 5 years for the firearms offences (consecutive). Jordan Keogh pleaded guilty.
In November 2023, a 17‑year‑old who stabbed 20‑year‑old Cameron Blair at a Cork house party appealed his life sentence, arguing the judge failed to weigh his immaturity and dysfunctional background. The Central Criminal Court had sentenced him to life detention in 2020, with a review after 13 years and an earliest release date of January 2023. The appeal court noted that a juvenile can only be sentenced to detention, not imprisonment, and that once the offender turns 18 he is transferred to an adult prison. Counsel for the appellant claimed the judge focused on age rather than maturity, and that the offence lacked aggravating factors such as premeditation or a callous attitude. The DPP countered that the judge had considered mitigating factors, including the offender's early guilty plea and lack of prior convictions. The Court of Appeal reserved judgment, with a hearing scheduled for December 5, and parties were invited to discuss the appellant's anonymity.
Former priest Denis Nolan, 71, was sentenced at the Central Criminal Court following his guilty plea to one count of oral rape and 36 counts of sexual assault committed between 1994 and 2000. The court found that Nolan abused a victim aged 11 to 17 in Dublin and Wicklow. Mr Justice Paul McDermott imposed a five-year sentence for the rape, to run consecutively to Nolan's existing terms, alongside concurrent three-year sentences for the sexual assault counts. Nolan is currently serving a 19-year aggregate sentence for previous convictions, including a 2022 case where the Court of Appeal quashed a suspended portion and substituted a consecutive six-year term. The judge noted Nolan's "predatory" conduct and "egregious betrayal" of trust, while acknowledging his guilty plea and remorse as mitigating factors. Nolan, in custody since 2014, was also directed to undergo five years of post-release supervision. The matter was finalised with the imposition of these additional custodial terms.
The Court of Appeal has dismissed the appeal of an unnamed 41-year-old man who was convicted of sexually assaulting his daughter. The appellant, who pleaded not guilty to the offence committed in Dublin between January and April 2017, argued that he was asleep at the time and therefore could not form the necessary intent. He contended that the trial judge erred by refusing to direct a verdict of not guilty and by failing to issue a corroboration warning regarding the complainant's evidence. The complainant, who was approximately nine years old at the time, told Gardaí she was unsure if her father was awake, though she described specific acts in detail. Court of Appeal President Mr Justice George Birmingham, sitting with Mr Justice Patrick McCarthy and Ms Justice Úna Ní Raifeartaigh, rejected these submissions. The court held that the detailed description of the alleged acts was, as a matter of common sense, consistent only with the actions of a conscious, awake individual, absent a demonstrated sleep disorder. The judges concluded that the trial judge was within her rights to leave the case to the jury and that the decision not to give a corroboration warning was within her discretion. The appellant had previously secured a successful appeal in May 2022, leading to a retrial where he was re-convicted. Following that second trial, Judge Patricia Ryan sentenced him to three years and four months' imprisonment. The appeal was dismissed, leaving the conviction and sentence intact.
Patrick Shanahan, 76, of Cooga, Doon, Co Limerick, remains in prison after the Court of Appeal upheld his 11‑year sentence. He was convicted in July 2022 by a unanimous jury at Limerick Circuit Criminal Court on 14 counts of sexually assaulting his granddaughters Daria and Tara Tobin between 2010 and 2014. The abuse included rubbing the girls' vaginas and later finger and tongue penetration when they were aged 10 to 14. The assaults occurred in Shanahan's home, on nearby land and in his van. Shanahan appealed on grounds of delay and alleged inconsistencies in one complaint, arguing that evidence of how the abuse was disclosed should not have been admitted. The Court of Appeal, led by Justice Úna Ní Raifeartaigh, found that the complaint met all admissibility conditions, that the delay was justified by the girls' psychological state, and that the evidence was consistent. Consequently, the appeal was dismissed and Shanahan will continue to serve his sentence. Patrick Shanahan pleaded not guilty.
Two members of the Burke family were removed from the Court of Appeal by gardaí on 10 November after loudly protesting when the presiding judge muted Enoch Burke's microphone during proceedings. The court was hearing a civil application by the Garda Síochána Ombudsman Commission for access to ambient audio recordings made in the Four Courts. Mr Justice John Edwards told Sean and Isaac Burke they were in contempt of court before their removal. Enoch Burke, appearing by videolink from Mountjoy Prison, opposed the GSOC application, arguing the court had jurisdiction to decide the matter. The judge expressed concern about whether the Court of Appeal possessed jurisdiction over recordings made when court was not sitting. Mr Justice Edwards adjourned the case to 8 December to address the jurisdictional question. Simeon Burke, with an address at Cloonsunna, Castlebar, County Mayo, was convicted of a public order offence following a disruption at the court in March 2023.
The Court of Appeal upheld that several Dublin‑registered aircraft leasing firms are entitled to obtain documents from insurers who have refused to provide indemnity for aircraft "unlawfully retained" in Russia. The aircraft, valued at over one billion euro, were not returned after Russia's 2022 invasion of Ukraine. The firms—SMBC Aviation Capital, Global Aviation, Wilmington Trust SP Services, BOC Aviation, Silver Aviation, CDB Lease Finance and GY Aviation—sued insurers including Lloyds, Swiss Re, Chubb, Global Aerospace, AIG, Tokio Marine and Taiping for not covering losses under "all risks" or "war risks" policies. Insurers denied coverage, arguing the war‑risk cover was not engaged. Mr Justice Denis McDonald had earlier found the plaintiffs entitled to discover certain tranches of disputed documentation, including notices of cancellation for aviation assets in Russia, Ukraine, Crimea and Belarus from 1 February to 31 March 2022.
In an appeal-stage matter before the High Court, Patrick Halpin and Ann Keane, operators of Aberdeen Lodge Hotel in Sandymount, Dublin 4, alleged that the sale of the property by Everyday Finance DAC to Stairway Property Company Ltd under the 1881 Conveyancing Act was unconstitutional and breached the European Convention on Human Rights. The couple, represented by John Kennedy SC and Peter McKenna BL, instructed by solicitor Eugene Carley, sought declarations that the sale was null and void and that the property constitutes their family home. Stairway, represented by Padraic Lyons SC, disputed the family home claim and initiated separate proceedings seeking an injunction for possession, alleging the couple's action was an abuse of process. The State, represented by Brian Conroy SC, and Everyday Finance, which stated it did not understand why it was sued and sought to be let out of the action, also participated. Mr Justice Mark Sanfey agreed to establish a timetable for the exchange of legal documents in both actions. The matter was adjourned and will be next mentioned before the court later this month. The property has been subject to lengthy legal proceedings regarding possession, following the sale of an alleged €24m debt to IBRC to Kenmare Property Finance and subsequently to Everyday Finance.
In Waterford, Stephen Keane, aged 33, was convicted of the brutal murder of 60‑year‑old John Lowe on 13 December 2018 and sentenced to life imprisonment. Keane had pleaded guilty to manslaughter but not to murder. He claimed he struck Lowe once with a punch, that Lowe had approached him with a knife, and that he was intoxicated and had no legal advice when he made admissions to Gardaí. The trial judge ruled the Garda notebook entries of Keane's admissions admissible, and the jury found him guilty. Keane appealed, arguing that the admissions were made while he was intoxicated and should have been excluded. The Court of Appeal dismissed the appeal, affirming the trial judge's decision that the evidence was admissible and that the judge had correctly applied the law on voluntariness and fairness. The conviction and life sentence remain in force.
A 71‑year‑old Carlow pensioner has lodged an appeal against his conviction for two counts of rape of his niece and multiple counts of indecent assault on other female relatives. The appeal argues that the trial judge erred by refusing to sever the indictment into separate trials for each complainant and by refusing to withdraw the case from the jury after the State's evidence. The appellant contends that the passage of time and the unavailability of witnesses prejudiced his case, as the alleged offences occurred in the 1970s and 1980s and witnesses could only identify limited time periods. He also claims that extensive pre‑trial communication between complainants should have led to severance. The Court of Appeal has reserved judgment, with the Director of Prosecutions defending the judge's decisions and stating the law is well settled. The unnamed 71-year-old pleaded not guilty.
Fresh High Court proceedings concerning the Aberdeen Lodge hotel in Dublin 4 were heard before Mr Justice David Nolan. Stairway Property Company Limited, which claims to have purchased the property from Everyday Finance, is seeking possession orders against Patrick Halpin, Ann Keane, and related entities, including Elektron Holdings Limited and Madison Manor Limited. Conversely, Halpin, Keane, and Elektron have initiated separate proceedings against Stairway, Everyday Finance, Ireland, and the Attorney General. They seek a declaration that the property is their family home and aim to challenge part of the Conveyance Act. Stairway's counsel, Padraic Lyons SC, described these actions as an abuse of process intended to delay lawful possession. Stairway also seeks declarations confirming its ownership and has moved for directions on document exchange to expedite the determination of the opposing action. The court noted the property's history of litigation, including previous High Court, Court of Appeal, and Supreme Court battles over repossession, and the appointment of receivers following an alleged €24m debt to IBRC, which was subsequently sold to Kenmare Property Finance and then Everyday Finance. After considering submissions, Mr Justice Nolan granted Stairway ex-parte permission to serve short notice of its applications. The matter was adjourned to a date later this month.
The Court of Appeal has dismissed an appeal by Graham Daly, a teacher from Clonree, Newport, Co Tipperary, who was found guilty by a jury of seven counts of raping and sexually abusing his younger brother between January 1998 and December 2002. Daly, who was jailed for eight and a half years in January 2022, argued that the trial judge erred in restricting his cross-examination of the complainant regarding sexual history and in admitting evidence from a cousin, Mr C. The complainant, Thomas Daly, waived anonymity to allow his brother to be named. In its decision, the Court of Appeal, led by Mr Justice John Edwards, affirmed that while accused persons have fair trial rights, complainants also possess rights to privacy regarding their sexuality. The court ruled that cross-examination cannot be used to "pry unnecessarily" into a complainant's personal life. Regarding the second ground of appeal, the court found no unfairness in admitting Mr C's statements, which included allegations that Daly asked how much it would cost to hurt the complainant or his father. The judges determined these were admissible declarations against interest and directly relevant. The appeal was dismissed, upholding the original conviction and sentence.
The Supreme Court has agreed to hear the appeal of Niamh Mulreany (27) and Kirstie McGrath (32), known as the "Dubai Two", who challenge the High Court's refusal to halt their prosecution for refusing mandatory hotel quarantine after returning from the UAE. The women were arrested on 2 April 2021 at Dublin Airport and charged under the 1947 Health Act for breaching quarantine requirements that applied to travellers from the UAE. They argued that the Minister for Health's designation of states for mandatory quarantine breached the separation of powers and was unconstitutional, and that the appeals process for those refusing quarantine was unlawful under Article 37 of the Constitution. The Supreme Court panel, comprising Justices Charleton, Murray and Donnelly, will consider whether the measures violate Article 40.4, the nature of the emergency, the delegation of powers and the constitutionality of the appeals process. No hearing date has been set. The case remains at the Supreme Court stage.
The Court of Appeal upheld the conviction of a 14‑year‑old who murdered Urantsetseg Tserendorj, keeping his life sentence in force. The teenager, now 17, had denied the murder but pleaded guilty to manslaughter. He was found guilty by a majority jury after two trials, the first ending in a jury disagreement. The appeal argued that the trial judge erred by allowing evidence of a prior attempted robbery and a comment by prosecuting counsel that the teenager "went for the jugular." The Court rejected these claims, stating the evidence was relevant and the comment was not prejudicial. The appeal also challenged the admission of a dying declaration by Tserendorj's husband, which the Court found met the legal test. Finally, the Court dismissed an allegation that the judge's attitude was negative toward the juvenile. The conviction and life sentence remain unchanged.
The Court of Appeal has quashed the fully suspended sentence imposed on Brian Haig, finding it unduly lenient. Haig, a 40-year-old from Roscrea, County Tipperary, pleaded guilty to one count of sexual assault committed on March 10, 2019. The original sentencing judge, Cormac Quinn, had imposed an 18-month suspended sentence at Tipperary Circuit Court in January 2023. The DPP appealed, arguing the headline sentence of two and a half years was too low given aggravating factors, including that the victim was asleep and her clothing was cut off with a sharp blade. The three-judge panel, led by Ms Justice Isobel Kennedy, agreed the offending fell within the mid-range of gravity and displayed premeditation. Consequently, the court set a fresh headline sentence of five years, reduced to three and a half years in prison. The final 12 months of this term are suspended for a period of two years. Haig's counsel had argued for leniency based on his guilty plea, a letter of apology, and a probation report noting a difficult background, but the court determined the custody threshold should have been crossed.
Brian Shaughnessy, a former hotelier, has failed in his second appeal to overturn his conviction for raping a 17-year-old part-time employee in the presidential suite of the Loughrea Hotel and Spa in July 2010. Shaughnessy was convicted by a jury in March 2013 and sentenced to six years, with one year suspended. His initial appeal was rejected in April 2020, but the case was sent back to the Court of Appeal following a Supreme Court ruling. In his appeal, Shaughnessy claimed that his legal team did not adequately represent him and that a timeline, potentially containing a missing hour and 15 minutes, was not properly addressed in cross-examination. He also alleged that the timeline was only mentioned in a defence speech to the jury. His former legal team denied any claims of incompetence. At the second appeal hearing, Shaughnessy claimed he provided critical documents to his legal team, including key card and phone records, which he said were not used in the trial. However, the Court of Appeal President, Mr Justice George Birmingham, dismissed the appeal, stating that the court was not persuaded that the trial was unfair or that the legal team's performance rendered the conviction unsafe. The court noted that Shaughnessy had not provided a specific account of the time spent in the suite and that the significance of the timeline was diminished due to the lack of a clear alternative explanation. The matter was adjourned and never described as concluded or finalised.
Paschal Kelly, aged 57, has failed in his appeal against conviction for a €92,000 post office robbery committed in September 2014. The Court of Appeal dismissed his challenge on all grounds, upholding his 18-year sentence imposed by Dublin Circuit Criminal Court in 2018. Kelly, with last addresses in Cootehill, County Cavan, and Castlepollard, County Westmeath, was convicted of offences including false imprisonment, robbery, burglary and threatening to kill three women during the crime. The gang entered the home of postmistress Susan Lawlor in Malahide, bound her, her daughter and a student guest with cable ties, and transported them to Bayside Post Office in Sutton where the robbery occurred. Mr Justice John Edwards upheld the trial judge's admission of CCTV evidence and garda identification testimony, finding the evidence reliable and the conviction safe. Kelly's legal team indicated a sentence appeal remains pending. He has 60 previous convictions including robbery and assault.
The Court of Appeal upheld a High Court ruling that a woman who made "very serious false allegations" of rape and abuse against her ex‑husband should pay the majority of the legal costs. The High Court had found the woman's claims were "in all probability" fabricated to paint her former husband in the worst light and to coerce him into capitulating to her demands over property, children and finances. The allegations, denied by the husband, did not withstand scrutiny and there were no child‑welfare concerns. The Court of Appeal, comprising Justices Whelan, Faherty and Binchy, dismissed the woman's appeal, agreeing that the trial judge was correct to find her conduct "gross and obvious" and to impose a costs order. The Court also preliminarily ruled that she should pay the husband's costs in the appeal, giving her 14 days to submit objections.
A senior barrister, Diarmuid Phelan, aged 54, is seeking a variation of his bail conditions to return to his 170‑acre farm in Tallaght and to his 54‑acre farm in Wexford. He was charged with the murder of Keith Conlon, 36, who was shot at Hazelgrove Farm on 22 February 2022 and died two days later. Phelan was remanded after appearing at Tallaght District Court on 25 February 2022, and a High Court bail refusal was overturned by the Court of Appeal, allowing him to be released on two €50,000 bonds. His trial is set for 29 May next year before the Central Criminal Court. In the bail variation hearing, agricultural consultant Jeff Barry testified that Phelan's Tallaght farm, which had been accepted into an organic scheme in January, has suffered from halted fencing and maintenance work, leading to serious welfare concerns for the livestock.
County Clean Recycling Unlimited Company has secured High Court permission to challenge An Bord Pleanála's 2021 refusal to grant planning permission for a waste transfer station at Courtstown Industrial Estate, Little Island, Co Cork. The applicant, represented by Oisin Collins SC, alleges a reasonable apprehension of bias due to the involvement of Deputy Chairperson Paul Hyde, who has a family connection to the area. The company claims Hyde failed to declare a conflict of interest, noting that many local objectors were likely known to him. This alleged bias is compounded by Hyde's recent conviction; he pleaded guilty in June to two offences under Section 147 of the Planning and Development Act 2000 and received a two-month jail sentence earlier this year for breaches of planning laws. The applicant seeks orders quashing the refusal, extending time limits, and compelling the board to disclose relevant documentation. Ms Justice Niamh Hyland granted the ex-parte application for leave to bring the judicial review. The matter was adjourned and will return before the court in December. Separately, Hyde's appeal against his two-month sentence is scheduled for November. He resigned from the board last year after serving as a member since 2014.
Tony McInerney, a convicted drug dealer and leader of a large network in Co Clare, was sentenced at the Central Criminal Court to a consecutive 27 years in prison. The court heard that McInerney, who pleaded guilty in July to the attempted murder of Daniel Harty Junior in Sixmilebridge in January 2020, will serve a 17-year term for that offence. This sentence runs consecutively to a ten-year term he is already serving for running a cocaine factory, a sentence originally set at 12 years but reduced by the Court of Appeal. McInerney also pleaded guilty to reckless endangerment and making threats to kill, receiving five years for each charge to run concurrently with the attempted murder sentence. The judge described the incident as "gangland thuggery and violence," noting that the attack, allegedly linked to a drug debt and personal animosity, terrorised the public. An innocent bystander was shot in the buttock, while Harty Junior suffered three gunshot wounds, losing the use of his left arm. The judge highlighted the planned nature of the crime, involving a vehicle stored for a month, and the indifference shown to bystanders. McInerney's previous convictions and the high level of criminality necessitated the consecutive sentencing structure.
A 44‑year‑old social worker, whose name is withheld to protect the victim, was jailed for four years, with the final two years suspended, for sexually defiling a 16‑year‑old boy in her care at a midlands school. The offence occurred between 1 April and 15 May 2016 when the boy was at her home. She pleaded not guilty but was convicted by a jury after an 11‑day trial. She has appealed the conviction, arguing that Facebook messages exchanged with the boy, which were used as evidence, were obtained under the wrong section of the 2008 Ireland/US Mutual Assistance Treaty. The appeal contends that the request for the messages was made by the Director of Public Prosecutions rather than the Central Authority, and that the certificate of authenticity for the material was flawed. The Court of Appeal has reserved its judgment on the matter.
Two men from County Longford have appealed their convictions for rape and sexual assault at the Court of Appeal following issues with phone evidence presented at their trial. Karl Reilly of Aghara, Carrickboy was sentenced to seven years' imprisonment with eighteen months suspended for rape; Patrick McLoughlin received five years' imprisonment with eighteen months suspended for sexual assault. Both men had pleaded not guilty to charges relating to an incident in August 2017 at Galway. Their legal representatives argued that an erroneous timestamp on mobile phone records, discovered only after defence cross-examination was completed, prejudiced trial preparation and rendered proceedings unsatisfactory. They also contended that the trial should have been separated, given inconsistencies between the men's accounts to gardaí. The State's counsel submitted that the timing discrepancies were minor and did not alter the intervals between calls or the approximate timeline of events. Justice Patrick McCarthy reserved judgment on the appeals.
Patrick Shanahan, 76, a pensioner from Cooga, Doon, Co Limerick, was convicted in 2022 by a unanimous jury at Limerick Circuit Criminal Court on 14 counts of sexually assaulting his granddaughters Daria and Tara Tobin between 2010 and 2014. The abuse involved rubbing the girls' vaginas and later vaginal penetration by finger and tongue when they were aged 10 to 14. The assaults occurred in Shanahan's home, on nearby land and in his van. Shanahan appealed today on the Court of Appeal, arguing that the delay between the offences and the girls' complaints, inconsistencies in one complaint, and the admissibility of the aunt's evidence should have been challenged. He contended that the aunt's questioning was leading and that the complaint was not made at the first reasonable opportunity. The court has reserved judgment on the appeal. Patrick Shanahan pleaded not guilty.
Tony McInerney, the appellant, appeared before the Central Criminal Court at a sentence hearing for offences committed in January 2020. McInerney, who the court heard was the leader of a large drug network in Co Clare, pleaded guilty to the attempted murder of Daniel Harty Junior, intentionally or recklessly discharging a firearm, and making a threat to kill or cause serious harm to Harty Junior. The court heard that McInerney was initially jailed for 12 years for running a "cocaine factory" in 2020, a sentence later reduced to ten years by the Court of Appeal. During the current proceedings, Detective Sergeant Kevin O'Hagan detailed how McInerney and another man fired shots at Harty Junior during a music festival in Sixmilebridge, injuring an innocent bystander in the buttocks. McInerney was arrested in 2021 and has 13 previous convictions, including possession of explosives. Defence counsel Michael Collins SC submitted that McInerney had pleaded guilty early and apologized to society. Mr Justice Paul McDermott remanded McInerney in custody until next Monday, when he will be sentenced.
In a Dublin Circuit Criminal Court case, a 41‑year‑old man was convicted of sexual assault against his 10‑year‑old daughter, who was in his bed when the alleged offence occurred between 1 January and 30 April 2017. The daughter reported that the man rubbed her front and back and inserted a finger into her vagina while they were in his bed, but she could not say for certain whether he was awake or asleep. The jury found him guilty, and Judge Patricia Ryan sentenced him to three years and four months' imprisonment. The man has now appealed, arguing that the trial judge erred by not directing the jury that the evidence did not establish his intent and by failing to issue a corroboration warning. The Court of Appeal, presided over by Mr Justice George Birmingham, has reserved judgment on the appeal. The unnamed girl pleaded not guilty.
In October 2021, 41‑year‑old Brazilian Renato Gehlen was convicted by a unanimous jury of murdering 37‑year‑old Anne Colomines in Dublin. He denied the murder and claimed that Colomines had stabbed herself during a struggle, producing a knife and cutting herself four times. The State argued that Gehlen's appeal was contradictory to his trial position and that evidence for a provocation defence was lacking. The Court of Appeal, hearing the appeal on 13 October 2023, rejected Gehlen's claim that he could have argued provocation at trial. Justice Úna Ní Raifeartaigh noted that the production of a knife alone did not constitute provocation and that there was no evidence of loss of self‑control. The appeal was dismissed, leaving Gehlen's mandatory life sentence in place. The case remains at the appellate stage.
In a Court of Appeal hearing on 13 October 2023, the appeal of Edmundas Dauksa, aged 53, was dismissed. Dauksa had been convicted in May 2021 by a Central Criminal Court jury of murdering his former partner, Ingrida Maciokaite, 31, after she refused to bring their six‑year‑old daughter to his home. The jury found no provocation and rejected Dauksa's claim that he was "fuelled with murderous intent" or that he had been "wronged" by the court's custody decision. The appeal argued that Maciokaite's decision not to bring the child constituted provocation, but the Court of Appeal, led by Ms Justice Una Ní Raifeartaigh, held that the decision was a matter for the custody court and that Dauksa's 20‑minute walk to the courtyard did not indicate a loss of self‑control. Alcohol intoxication was deemed irrelevant to the intent to kill. Both grounds of appeal failed, and the murder conviction was upheld. Edmundas Dauksa pleaded not guilty.
The Court of Appeal upheld a one‑year custodial sentence for a 13‑year‑old who orally raped his 7‑year‑old cousin and committed four further sexual assaults. The appeal was dismissed because the judge had imposed the minimum sentence the law allowed. The court noted that the youth, now 18, would be transferred to an adult prison for the remainder of his term, a decision left to the executive. The judge's role was to impose an appropriate sentence, and the court found no error in requiring custodial detention. The case was heard at the Central Criminal Court, where the defendant pleaded guilty to four counts of sexual assault and was convicted of oral rape. The judge reduced the headline sentence from eight to four years, then to one year, citing the offender's immaturity and mitigating factors. The appeal was rejected on all seven grounds presented.
In a Court of Appeal hearing on 12 October 2023, Aaron Brady's defence argued that two jurors in his 2020 murder trial may have visited Crossmaglen after the verdict, a claim that required clarification. Brady, aged 32, was convicted of murdering Garda Adrian Donohoe and sentenced to life imprisonment with a 40‑year minimum, plus a concurrent 14‑year robbery term. The defence sought leave to raise this as a new ground of appeal, citing a meeting between a juror and the jury minder on 3 March 2021 and a subsequent encounter on 16 June 2022. Brendan Grehan SC, representing the Director of Public Prosecutions, maintained that the law clearly prohibits questioning jurors about deliberations after a verdict, citing the long‑established rule that such inquiries undermine finality.
In a Court of Appeal hearing on 11 October 2023, Aaron Brady's defence lawyers argued that the State had failed to disclose a police report about steroids found in the home of key prosecution witness Daniel Cahill until after his cross‑examination. The defence claimed this omission undermined Cahill's credibility and made the trial unfair. Brendan Grehan SC, representing the Director of Public Prosecutions, counter‑argued that the late disclosure was a privileged police‑to‑police report and that the defence had chosen not to recall Cahill. He also highlighted that the defence had sought to show a picture of Cahill's penis to the jury, describing it as an attempt to humiliate the witness. The appeal concerns Brady's 2020 conviction for the murder of Garda Adrian Donohoe, for which he is serving a life sentence with a 40‑year minimum. The hearing will continue the following day before a three‑judge panel.
Aaron Brady, convicted of murdering Garda Adrian Donohoe, has taken his appeal to the Court of Appeal. His lawyers argue that the prosecution failed to investigate an interruption of key witness Molly Staunton's testimony, which occurred via video link from New York during the Covid‑19 lockdown. An unseen man interrupted Staunton while she was testifying, and the court later read the jury a transcript of that exchange. Brady's counsel claims this was unlawful and prejudicial, and that the court erred by not ordering an investigation into the circumstances. The Director of Public Prosecutions contends the judge acted within his jurisdiction, that the interruption did not affect the evidence, and that the jury should not be discharged. The appeal hearing will continue tomorrow before a three‑judge panel. The case remains a landmark Irish murder trial, with Brady serving a life sentence with a 40‑year minimum.
Aaron Brady, convicted of murdering Detective Garda Adrian Donohoe, is appealing his conviction in a six-day hearing before the Court of Appeal. On the fourth day, senior counsel Fiona Murphy argued that the trial's integrity was "well and truly breached" when key witness Molly Staunton, testifying via video link from New York, was interrupted by an unseen man who told her to "stop it right now" before the connection was cut. Murphy submitted that the trial court erred in refusing to discharge the jury, claiming the disruption rendered the trial "fundamentally flawed" and that the State failed to implement adequate safeguards for the witness. She contended that the jury might perceive the interference as prejudicial to Brady, despite no evidence linking the man to the appellant. In reply, Lorcan Staines SC for the DPP stated that declaring Staunton a hostile witness was a discretionary matter for the trial judge. Brady, who was found guilty by an 11-to-1 majority jury at the Central Criminal Court in August 2020, is serving a life sentence with a 40-year minimum term for the murder, which occurred during a robbery in 2013. He was also sentenced to 14 years for the robbery, running concurrently. The appeal continues before Mr Justice John Edwards, Ms Justice Isobel Kennedy, and Ms Justice Tara Burns.
During a six‑day appeal hearing, Aaron Brady's counsel, Michael O'Higgins SC, argued that a secret tape recording of a US Special Agent, Matt Katske, coercing a suspect to implicate Brady in the murder of Garda Adrian Donohoe should have been admitted as evidence. The recording, described as "liquid gold," shows Katske offering assistance and threatening a suspect's brother in exchange for information that would place Brady in the frame. O'Higgins claimed the trial judge erred by refusing to allow the tape before the jury and by denying cross‑examination of Katske. The appeal also contends that the deportation of Brady to Ireland was effectively an extradition, undermining his trial rights. Brady, 32, is serving a life sentence with a 40‑year minimum for the 2013 murder and a concurrent 14‑year robbery sentence. The appeal will continue before the Court of Appeal on Monday. Aaron Brady was found guilty.
In a six‑day appeal hearing, Aaron Brady's counsel argued that the Court of Appeal erred by not ordering an oral hearing on the disclosure of US Homeland Security documents that limited the evidence two US special agents could give. Brady, convicted in 2020 of murdering Garda Adrian Donohoe and sentenced to life with a 40‑year minimum, is seeking to overturn his conviction. The appeal also contends that the prosecution failed to disclose letters of scope in a timely manner, which restricted the testimony of Special Agents Mary Anne Wade and Matt Katske. The letters, said to have prevented the agents from revealing the immigration status of witnesses, were allegedly not disclosed until May 2020. The hearing continues with the defence expected to raise further complaints about a video‑link witness. The case remains an ongoing appeal before the Court of Appeal.
The Court of Appeal has quashed the rape conviction of an unnamed 20-year-old Laois man, ordering a retrial. The appellant, who had pleaded not guilty to raping a friend on wasteland on Halloween night in 2019 when they were teenagers, was originally sentenced on July 25 to three years in prison, with the final six months suspended on strict conditions including Probation Service engagement and a consent course. His conviction was overturned on Monday after the court accepted new evidence: a post-trial affidavit from a 14-year-old friend of the complainant. This witness claimed the complainant had expressed sexual desire towards the defendant prior to the alleged incident, evidence counsel Ronan Munro SC argued was excluded during a defective Garda investigation. The three-judge panel, led by Mr Justice Patrick McCarthy, ruled the evidence was potentially relevant and admissible, stating it must be tested by a jury. The State's argument that the evidence was merely collateral was rejected. Mr Justice John Edwards remanded the appellant on bail, directing that the case return to the Central Criminal Court to set a date for the retrial. The appellant, who has no previous convictions, maintains the encounter was consensual.
During a six‑day appeal hearing, Aaron Brady's counsel argued that the jury's deliberations were compromised by the Covid‑19 pandemic. Brady, convicted in 2020 of murdering Garda Adrian Donohoe and sentenced to life with a 40‑year minimum, claimed that jurors were worried about dying or about loved ones dying, which he said deteriorated the quality of their deliberations. The appeal focuses on defence complaints about two witnesses who testified via video link from New York during the pandemic. Brady's trial, the longest murder case in Irish legal history, lasted 122 court days and concluded with an 11‑to‑one jury verdict. The appellate court heard arguments that the trial judge should have discharged the jury, but the judge had exercised discretion to continue the case. The appeal will proceed the following day before a three‑judge panel.