A Laois man, now 20, had his rape conviction quashed by the Court of Appeal after new evidence was admitted. The evidence came from a post‑trial affidavit by a 14‑year‑old friend of the complainant, who claimed the defendant had previously had sexual encounters with the complainant and that the complainant had expressed sexual desire to the defendant before the alleged rape. The court found the evidence potentially relevant and admissible, ruling that it could be presented to a jury. The original trial had found the defendant, who was 16 at the time, guilty of raping a 15‑year‑old friend on Halloween 2019. He had been sentenced to three years' imprisonment with the final six months suspended, and was ordered to attend a consent course and register as a sex offender. The appeal court overturned the conviction, citing the new evidence as a matter of principle. The case remains at the appeal stage. The unnamed 14-year-old pleaded not guilty.
Aaron Brady, 32, of New Road, Crossmaglen, Co Armagh, is serving a life sentence with a 40‑year minimum for the murder of Detective Garda Adrian Donohoe, 41, on 25 January 2013 at Lordship Credit Union in Bellurgen, Co Louth. Brady was found guilty in August 2020 by an 11‑to‑one jury at the Central Criminal Court. His appeal, originally scheduled to begin on Tuesday, was adjourned to Wednesday due to a strike by criminal barristers who are campaigning to reverse cuts to legal aid fees. The Court of Appeal, presided over by Mr Justice John Edwards, granted the adjournment after the Director of Public Prosecutions explained that the entire criminal bar would be unavailable to commence the seven‑day hearing on Tuesday. The appeal will focus mainly on defence complaints regarding two witnesses who testified via video link from New York during the Covid‑19 crisis.
The Special Criminal Court has heard the appeal of Michael Carroll, who was previously sentenced to 22 years imprisonment for a firearms offence and attempted murder. Carroll, who pleaded guilty to a new charge of having in his possession or control a firearm with intent to endanger life, contrary to Section 15 of the Firearms Act, at Drumalee Avenue on September 2, 2016, was sentenced to 10 years and six months for the firearms offence. He also pleaded guilty to one charge of attempted murder of Edward Staunton at Railway Street on March 26, 2017, and was sentenced to 14 years imprisonment consecutive to that for the attempted murder offence. The judge noted that the firearms offence on John Hutch carried a presumptive minimum sentence of ten years imprisonment and that the attempted murder of Mr Staunton was aggravated by the recent commission of the serious firearm offence. The court considered mitigation and suspended the last two years and six months of the adjusted 14-year sentence, resulting in a final sentence of 22 years for the two offences. The matter was adjourned for further consideration at the Court of Appeal.
In a Court of Appeal decision on 28 July 2023, the €25,000 fine imposed on Palfinger Ireland Ltd for health and safety breaches related to a crane incident that caused the drowning of two stonemasons was upheld as not unduly lenient. The incident, which occurred on 29 August 2015 on the Thomond Bridge, involved a steel cage that fell into the River Shannon, killing Bryan Whelan (29) and TJ O'Herlihy (36). A third worker, Paul Murphy, survived. Palfinger supplied the crane to Nationwide Crane Hire, which was fined €200,000 for similar breaches. The Court of Appeal rejected the State's argument that the fine was too low, noting that the sentencing judge had considered aggravating factors and the long period of safe operation of the crane. The appeal was dismissed, confirming the fine as appropriate under the 1993 Act.
A 14‑year‑old teenager, now 17, has appealed his murder conviction for the killing of Urantsetseg Tserendorj, arguing that evidence of a second attempted robbery, which occurred 25 minutes after the fatal stabbing, was prejudicial. The appeal contends that the trial judge erred by allowing the prosecution to call this evidence and by permitting a sensationalist comment in the opening address. The court ruled that the second incident evidence was admissible, citing its relevance to the appellant's state of mind regarding the use of a knife. The appeal also questions the admissibility of a dying declaration and the judge's handling of the case's atmosphere. The Court of Appeal has reserved judgment on the appeal. Urantsetseg Tserendorj pleaded guilty.
Robert O'Leary, 44, a used‑car dealer from Finglas, was convicted in 2020 by a Special Criminal Court of being a member of the Irish Republican Army for a bomb plot that targeted a PSNI officer in Belfast. The conviction was quashed after it was revealed that the prosecution had not disclosed that the chief witness, Nik Kasapi, was a convicted drug dealer. O'Leary appealed for a miscarriage‑of‑justice certificate under the Criminal Procedure Act 1993. The Court of Appeal granted the certificate, citing a fundamental failure in the trial process. O'Leary's appeal was successful, and the conviction was overturned. He has called for the abolition of the Special Criminal Court, stating he was jailed for a crime he did not commit and that the case should never have gone to court. The case involved a Skoda Octavia sold by O'Leary, which was later used in the bomb plot.
A Dublin man, Declan Tynan, aged 33, spent 11 months in jail after being wrongly identified as one of three men who attacked a customer at a Ladbrokes bookmakers in Tallaght on 13 December 2012. The prosecution's case relied on a single visual identification by a Garda from CCTV footage. Tynan pleaded not guilty, was found guilty by a jury, and sentenced to four years with the final year suspended. He appealed on the grounds of the perils of visual identification, but the Court of Appeal initially upheld the conviction. Later, a third party came forward claiming to be the third attacker, and a UK Met Police evaluation of photographs and stills confirmed Tynan's innocence. In April 2018 the Court of Appeal quashed the conviction under Section 2 of the Criminal Procedure Act 1993.
In a 2023 Supreme Court decision, a Dublin man, Keith Connorton, 44, had his appeal against a murder conviction dismissed. Connorton had been found guilty in 2019 of killing 32‑year‑old Graham McKeever on 18 February 2017 after an argument with his partner Claire McGrath. The jury, in a 10‑to‑two verdict, sentenced him to life imprisonment. Connorton's appeal centred on the admissibility of a 999 call made by McGrath, which the trial judge admitted under the "res gestae" exception to the hearsay rule. The Supreme Court panel, in a unanimous decision, upheld the trial judge's ruling, agreeing that the emergency call was properly admitted and that the conviction should stand. No new evidence or outcome was introduced beyond the confirmation of the original verdict.
In a Court of Appeal decision on 28 July 2023, the conviction of Bajo Ziflai, a 23‑year‑old Albanian national, was quashed. Ziflai had been found guilty by a jury of four counts of raping a 23‑year‑old woman he met on a dating website, where he used a false name, and one count of sexual assault. The original trial, held in Central Court in July 2022, had sentenced him to nine years' imprisonment. Ziflai had pleaded not guilty to all five charges and maintained that the woman's allegations were fabricated. The appeal argued that the trial judge erred in how the jury was instructed on the significance of lies told by the accused. The Court of Appeal, led by Mr Justice Patrick McCarthy, held that the jury may not have fully understood the role of lies, found the verdict unsafe, and directed a retrial. No new sentence was imposed.
Jonathan Duke, 27, strangled at Bridge House, Bandon, on 12 November 2011, had his body moved downstairs, trussed with an electrical cord and thrown into the River Bandon. A day earlier, 42‑year‑old John Forrester had been killed in the same building and his body also disposed of in the river. Duke, a father‑of‑one, was visiting Forrester's murderers when he learned of the previous day's killing. Catherine O'Connor, former girlfriend of the victims, is serving life for both murders. Her boyfriend, Ciprian Grozavu, 49, denied murdering both men and was tried separately. Grozavu was found guilty of both murders and sentenced to life, but his murder conviction was quashed on appeal and he was retried in 2021. He was acquitted of murder but found guilty of two counts of impeding the apprehension or prosecution of another.
Marlies Walsh, 51, of Pedlers Cross, Clonakilty, pleaded guilty on the first day of her trial to one count of repeated harassment of a Temple Street Hospital doctor in 2018 and 2019. She had contacted the doctor and other hospital staff by phone and email from December 2017 to August 2020 while her 21‑year‑old son, a kidney transplant patient, was cared for at the hospital. The judge found that Walsh had engaged in repeated harassment and imposed a two‑year sentence, fully suspended on strict conditions, and barred her from contacting the doctor or approaching his residence or workplace for 20 years. At the Court of Appeal, Walsh, representing herself, claimed she was under duress and that her guilty plea was made to prioritise her son's care. The appeal was dismissed, with the court reserving its judgement.
Emmet O'Connor, a 30-year-old man from Co. Kerry, has been ordered to remain in custody after the Court of Appeal dismissed his appeal against convictions for rape, organising prostitution, and intimidating a witness. In December 2020, a jury at the Central Criminal Court unanimously found O'Connor guilty of two counts of rape, organising prostitution, and intimidating a witness by sending graphic Snapchat messages to the complainant. He had denied all charges. In April 2021, Mr Justice Michael White sentenced O'Connor to eight years' imprisonment for rape and anal rape, to two years for organising prostitution – to run consecutively with the rape sentences – and to another consecutive year for the intimidation offence. Ms Justice Tara Burns, presiding over the appeal, rejected O'Connor's arguments regarding the admissibility of 'recent complaint' evidence from the victim's sister and a Ruhama counsellor, finding no prejudicial effect. The court also dismissed claims of unfairness concerning late forensic analysis of the complainant's clothing, noting the defence could have sought its own expert. Furthermore, the appeal against the intimidation conviction was rejected, with the court affirming that the trial judge properly directed the jury on the requisite intent. The Court of Appeal upheld all convictions, meaning O'Connor must serve his effective sentence.
Sean Nolan, 38, has been ordered to remain in prison after the Court of Appeal dismissed his bid to overturn his conviction for the murder of Amanda Carroll. In October 2020, a jury convicted Nolan of murder, a charge to which he had pleaded not guilty, though he admitted to manslaughter. He was sentenced to a mandatory term of life imprisonment by Mr Justice Michael MacGrath. The appeal, heard by Mr Justice George Birmingham, challenged the admissibility of roadside notes taken by gardaí and the trial judge's guidance to the jury regarding intoxication and the definition of serious injury. Mr Justice Birmingham ruled that the trial judge had exercised discretion correctly in admitting the roadside remarks, noting they were consistent with Nolan's formal interviews. He further held that the judge's instructions on intent and serious injury adhered to long-established legal practice. The Court of Appeal concluded that the trial was not unfair and the verdict was safe, thereby upholding the original conviction and sentence.
Niall Kennedy, a former soldier from Newbridge, Co Kildare, has lost his appeal against his conviction for rape and harassment. In December 2021, a jury at the Central Criminal Court convicted Kennedy of 12 counts of rape on eleven occasions in August 2017, as well as multiple counts of harassment and threats to kill or cause serious harm. The trial judge described the conduct as a "cynical and cold campaign of rape and harassment" and imposed a sentence of 12 years, with the final two years suspended for five years on strict conditions. Kennedy, who denied the charges, argued on appeal that the trial judge should have issued a corroboration warning to the jury regarding the complainant's evidence, citing alleged inconsistencies in her testimony. He also contended that the concept of recklessness regarding consent was not adequately explained. The Court of Appeal, led by Mr Justice George Birmingham, dismissed both grounds. The court found that the trial judge was fully aware of the relevant authorities and that the decision to decline a corroboration warning was open to him. The appeal was rejected, with the court stating it was not persuaded that the trial was unfair or the verdict unsafe. The matter was adjourned for the finalisation of the appeal process, though the conviction and sentence stand.
In a 2023 decision, the Court of Appeal quashed the confiscation of almost €400,000 in catch and gear from the Dutch factory ship Wiron 5, whose skipper, Klass Dirk Meijvogel, had been convicted in 2015 for a single technical fishing offence. The original penalty, imposed by Judge Seán Ó Donnabháin, ordered the forfeiture of €344,960 worth of fish and €55,000 worth of gear. The appeal court found that the judge was misled by counsel, who insisted the judge had no discretion and must order forfeiture. It deemed the confiscation disproportionate and overturned the penalty. The court will later hear arguments from both sides to determine a proportionate penalty. Meijvogel had pleaded not guilty but was found guilty by a 10‑2 jury at Cork Circuit Criminal Court.
Michael Collins, 49, was convicted in 2019 of dangerous driving causing the death of 20‑year‑old Jillian Thornton, who was thrown from his car when it split in two during a crash near Ballymagarvey on the N2. Collins had been driving under the influence of cannabis and had fired his legal team at the start of the trial, choosing to represent himself. The Court of Appeal dismissed his appeal, ruling that the right to self‑representation is a constitutional right that can only be overridden in extreme circumstances. The court found Collins fit to plead, medically assessed as capable of defending himself, and that no breach of EU law occurred. The appeal was rejected, affirming that Collins' decision to defend himself was a voluntary, informed choice. The case remains at the trial stage with the 14‑year sentence upheld.
In a 2023 appeal, the Court of Appeal reduced the 40‑year‑old father's 14‑year prison sentence to 13 years for the brutal torture of his nine‑year‑old daughter, whom he and his wife believed was possessed by an evil spirit. The father's sentence was lowered by one year after the appellate judge, Ms Justice Isobel Kennedy, found his culpability to be "marginally less" than his wife's, who retained a 14‑year sentence. The appellate judge agreed that both parents were guilty of "barbaric acts on a defenseless child" but disagreed that they were equally culpable. The father's appeal also argued that his loss of access to his other children should be a mitigating factor, but the judge rejected this claim. The case remains at the appellate stage, with the father's sentence now set at 13 years of imprisonment.
A Court of Appeal judge has refused the Garda Ombudsman Commission access to ambient audio recordings made during a court incident at the Four Courts in Dublin. The recordings relate to an investigation into garda conduct during a disruption at the Court of Appeal in March when Simeon Burke, aged 24 and resident in Castlebar, County Mayo, was arrested. Burke was subsequently convicted of a public order offence arising from threatening, insulting and abusive words and behaviour. Mr Justice John Edwards declined GSOC's application, citing concerns that the ambient recording system operated without the awareness of those present, potentially amounting to covert audio recording. The judge identified further issues including data protection rights and questions of jurisdiction over the recordings. He noted that the Courts Service, rather than the court itself, may be the appropriate data controller. While not closing the door to a renewed application, Mr Justice Edwards indicated GSOC would need to produce evidence that the ambient system was actually functioning at the time.
In July 2023 the Court of Appeal quashed the conviction of a 73‑year‑old Limerick pensioner who had been sentenced to seven years' imprisonment in 2022 for indecently assaulting his two nieces in the 1980s. The appeal was based on the admission of rebuttal evidence from the first complainant's husband, which the court held was not properly excluded. The judge ruled that the evidence supported the complainant's credibility and that the original trial had erred in its discretion. The appeal covered all three counts of indecent assault, which had been heard together, and the court therefore quashed the entire conviction. The case had involved allegations of sexual assault in the accused's family home, with the first assault alleged to have occurred between May 1986 and October 1987, and the second and third between May 1987 and May 1989. The pensioner had pleaded not guilty to all charges. The Court of Appeal's decision was delivered by Ms Justice Isobel Kennedy.
In a case heard at Trim Circuit Court, James 'Jake' Boles, aged 24, received a wholly suspended two‑year sentence for one count of coercive control and five counts of assault causing harm to his partner, Jody Duggan, aged 22, between 1 January and 5 April 2019. The assaults included dragging her by the hair, slamming her head, and pushing his fist into her face, and were described as "appalling" coercive control. After a successful appeal by the State, the Court of Appeal, led by Mr Justice John Edwards, re‑sentenced Boles to one year in jail, citing the frequency and severity of the violence and the psychological harm inflicted. The court found the original fully suspended sentence to be too lenient and noted that the trial judge had erred in fully suspending the sentence. The appeal decision was based solely on the allegations and evidence presented in the original trial, without reference to any later developments or outcomes.
A man's conviction for rape and sexual assault has been quashed by the Court of Appeal following concerns about jury impartiality and the handling of evidence at trial. Stephen Lynch, with an address in Offaly, was convicted in May 2021 at the Central Criminal Court of raping his then partner's sister, aged 15, at a property in Athlone, County Roscommon, in October 2015. He was also convicted of sexual assault and assault causing harm relating to incidents in December 2015. He had pleaded not guilty to all charges. The appeal court heard that jurors reported concerns they had been photographed in the car park outside court, though a phone retrieved by gardaí contained no images. The trial judge declined to discharge the jury after they indicated the matter had been resolved. Ms Justice Isobel Kennedy stated the court harboured disquiet that no proper inquiry was conducted into what had occurred or how it was resolved.
Derek Brady, 59, pleaded guilty to aggravated burglary, threat to kill, and false imprisonment on 12 June 2022. He was sentenced by Judge Martin Nolan on 26 January 2023 to five years' imprisonment with the final 15 months suspended. The State appealed, arguing the sentence was unduly lenient. The Court of Appeal, led by Justice George Birmingham, found the original sentence too light and quashed it. A headline sentence of ten years was set, with a one‑third discount applied, resulting in a net sentence of six years and eight months. Brady's suspended portion was removed, and the court ordered that the suspended year of his two‑year robbery and attempted robbery sentence be suspended to encourage rehabilitation. The revised sentence is consecutive to the robbery convictions, with no further changes to those terms.
The Court of Appeal has dismissed Jonathan Dowdall's appeal against his four-year sentence for facilitating the murder of David Byrne at the Regency Hotel. The three-judge panel, led by Mr Justice George Birmingham, described the sentence as "very lenient" and within the available range, rejecting arguments that it was unduly severe. Dowdall, who pleaded guilty to making a hotel room available to the Hutch gang ahead of the February 2016 attack, had argued his sentence was too high compared to his father, Patrick Dowdall, who received two years for the same offence. The appeal court found a clear basis for differentiating their roles, noting Jonathan Dowdall's significant post-murder involvement, including driving an associate to Northern Ireland. The court also rejected claims that the sentencing judge failed to adequately consider the life changes resulting from Dowdall becoming a State's witness. While acknowledging the assistance provided was "very significant," the judges upheld the Special Criminal Court's decision, stating that even a higher pre-mitigation headline sentence would not have warranted intervention. The appeal was heard after Dowdall's counsel argued he was "duped" and that the sentence did not properly account for his cooperation with authorities. The court emphasized that the Hutch organisation was a "tier one criminal organisation," not a minor group, and that Dowdall's actions were "very serious indeed."
In a case involving a 62‑year‑old school bus driver, the Court of Appeal increased his prison term from three years and six months to six years and six months. The driver had pleaded guilty in 2021 to indecent assault offences committed between 1985 and 1988 and to possession of child pornography in 2014. The original sentencing judge had suspended the final two years of the seven‑year indecent assault sentence and the final two years and six months of the three‑year child‑pornography sentence, citing the 30‑year lapse since the assaults. The Court of Appeal found this suspension an error of principle, stating it did not reflect the seriousness of the offences. The driver had been in custody, participating in a rehabilitation programme, and the appeal resulted in a new, longer custodial term.
During an appeal of Feri Anghel's life sentence for the murder of Artene Bob, a Court of Appeal judge noted that the evidence could allow for a third party's involvement. The judge said that the injuries and forensic findings suggested more than one person may have struck Bob, who was found dead in Tallaght's Sean Walsh Memorial Park on 13 April 2018. Anghel was convicted on circumstantial evidence, with no DNA linking him to the scene, while DNA from four other individuals was found on Bob's glasses. The judge highlighted that Bob's injuries were consistent with multiple assailants and that the pathologist's testimony supported this possibility. He concluded that a rational inference could point to a third party, and the court would reserve judgment pending further review of CCTV footage. Feri Anghel pleaded not guilty.
In a Court of Appeal hearing on 13 July 2023, Declan Hannon, aged 52, lost his bid to overturn a 2019 conviction for four counts of rape and two counts of indecent assault against a nine‑year‑old girl in Co. Wicklow. Hannon had pleaded not guilty but was found guilty by a jury on all six counts and sentenced to seven years' imprisonment by Mr Justice Michael White. The appeal argued that the trial judge should have discharged the jury due to prejudice from delays, missing witnesses, and undisclosed evidence. The Court of Appeal, led by Ms Justice Úna Ní Raifeartaigh, rejected all grounds, concluding that the trial was fair and that no prejudice warranted a jury discharge. The decision reaffirmed Hannon's conviction and sentence. The case also highlighted the victim's repeated court appearances and the earlier legal battle that led to Hannon's name being publicly released.
Larry O'Connor has failed in his appeal against his conviction for shooting at his cousin's house. The 40-year-old, of Ballykisteen, County Tipperary, was convicted by a jury on all six counts, including recklessly discharging a firearm, possession of a firearm and ammunition, aggravated burglary, and criminal damage, after pleading not guilty. He was sentenced to 12 years' imprisonment in May 2022. O'Connor appealed on the ground that the trial judge erred in permitting prejudicial background evidence regarding a supposed feud. The Court of Appeal, led by Mr Justice George Birmingham, dismissed the application, stating the court was not persuaded the trial was unsatisfactory or the verdict unsafe. The court noted that motive is circumstantial evidence for the jury to weigh, especially where witnesses were well acquainted with the accused. During the incident in July 2019, O'Connor fired four shots into the home of his cousin, Danny Harty, where Harty, his partner, and infant twins were sleeping. His brother, Daniel O'Connor, of Limerick, who drove him to the scene, pleaded guilty to burglary with intent to commit reckless discharge of a firearm. Daniel O'Connor was jailed for seven years, with the final year suspended. The matter was not adjourned; the appeal was dismissed.
In a Court of Appeal hearing on 11 July 2023, Suzanna Hassett, aged 66, had her eight‑year jail sentence reduced by two years after a judge described her sexual abuse of her son as a "huge betrayal of trust." Hassett had pleaded guilty to 13 counts of indecent assault between 1984 and 1987, when her son was an infant to three years old, and to four counts of sexual assault between 1992 and 1995, when he was seven to 11. She had no prior convictions. The original sentence, imposed by Judge Martin Nolan, was eight years with the final 18 months suspended. The Court of Appeal set a headline sentence of five years for the first series of offences, reduced to three years after mitigation, and a headline of five years for the second series, also reduced to three years. The two terms run consecutively, giving a total of six years with 18 months suspended.
An 80‑year‑old grandfather was convicted in the Central Criminal Court of six rapes of his eldest granddaughter and 81 sexual assaults on her and her two younger sisters, aged between five and fourteen. He received a ten‑year sentence with one year suspended, and a five‑year concurrent sentence for the sexual assaults. The judge, Ms Justice Karen O'Connor, emphasised that the defendant abused a position of trust and was a mature adult when he committed the offences, describing the conduct as "cold, callous and cruel." The defendant appealed the six rape convictions, arguing that the judge's charge to the jury was erroneous, but the Court of Appeal dismissed the appeal, stating the judge's remarks were within her rights. The case remains at the conviction stage, with no further outcome reported.
The High Court has been told that the Teacher's Disciplinary Appeal Panel intends to oppose Enoch Burke's bid to extend an injunction restraining the hearing of his appeal against his dismissal from Wilson's Hospital secondary school. Mr Burke, who denies the school's finding of gross misconduct, alleges the panel is flawed due to the presence of ASTI General Secretary Kieran Christie, whom he claims is biased against him regarding transgender policies. He also alleges a breach of fair procedures because a video clip of a 2022 school service was not provided to him or the panel. The panel contests these claims but requested time to respond. Mr Justice Brian O'Moore provisionally fixed a hearing for late July to determine the injunction application. The judge noted that the previous interim injunction had expired and was replaced by undertakings from the panel. This application is part of an ongoing legal dispute; previously, Mr Burke was jailed for 108 days for contempt of court after refusing to comply with an order restraining him from attending the school premises. He is currently subject to a daily fine of €700 for continuing to breach that order. The school is a notice party but does not intend to participate in the proceedings.
In 2022, Palfinger Ireland Ltd was fined €25,000 for health and safety breaches after a crane supplied by the company was used in an incident that caused the drowning of two stonemasons, Bryan Whelan (29) and TJ O'Herlihy (36), on the River Shannon in 2015. The incident involved a steel cage that fell into the water, and a safety mechanism on the crane failed. The fine was imposed by Limerick Circuit Court, which had unlimited fine jurisdiction. Nationwide Crane Hire Ltd, the operator of the crane, was fined €200,000 for similar breaches. The Court of Appeal heard arguments that the fine for Palfinger was too low, with the Director of Public Prosecutions claiming the sentencing judge erred in not setting a higher headline fine and in treating the missing manual chapter as a mitigating factor. The appeal was reserved for a later decision.
In a 2023 Court of Appeal decision, a 43‑year‑old man who had been jailed for 18 months for repeated rape of a vulnerable foster brother and sexual assault of another foster sibling was found to have received an overly lenient sentence. The Court quashed the original 18‑month term for the oral rape of the younger boy and re‑sentenced him to four years for those offences, suspending the remaining time for two and a half years. The man, who was aged 15‑18 at the time of the offences, had been convicted of four counts of oral rape and 12 sexual assaults between May 1995 and December 1998. He had pleaded not guilty but accepted the jury verdict. The Court noted that returning him to prison after his release in December 2022 would be "unjust" and an "additional punishment", so he will not be returned to custody.
Tony McInerney, a 27‑year‑old former resident of Glenina, Gort Road, Ennis, Co Clare, has admitted to two new offences after previously pleading guilty to attempted murder. He was arraigned on a charge that on 18 January 2020 at Pound Street, Sixmilebridge, Co Clare, he intentionally or recklessly discharged a firearm, creating a substantial risk of death or serious harm to another. He was also arraigned on a charge that between 1 January 2019 and 18 January 2020 at Inis Eagla, Shannon, Co Clare, he threatened to kill or cause serious harm to Daniel Harty Snr, intending Mr Harty Snr to believe the threat would be carried out. McInerney pleaded guilty to both charges. He had previously pleaded guilty to the attempted murder of Daniel Harty Jnr on 18 January 2020 and was jailed for 12 years, later reduced to ten years by the Court of Appeal. The judge set a sentencing hearing for 16 October.
William Eagers, 63, has had his life sentence backdated by three years following an appeal at the Court of Appeal. Eagers pleaded guilty to the murder of his wife of 34 years, Jean Eagers, in their home in Clonsilla, north Dublin, on June 21, 2020. The original sentencing judge, Ms Justice Mary Ellen Ring, refused to backdate the sentence to the date Eagers entered custody, citing the 'very late' plea and the distress caused to the victim's family as aggravating factors. Consequently, his sentence commenced on March 10, 2023, the date of his plea. However, Mr Justice George Birmingham at the Court of Appeal ruled that the trial judge had made a 'departure from the norm' by failing to account for the guilty plea as a mitigating factor. Justice Birmingham stated that an accused 'always receives some credit in plea' and ordered the sentence to be backdated to June 21, 2020. This adjustment means Eagers will be eligible for parole consideration at age 75, rather than 78. The appeal was successful, resulting in the effective custody period being extended to include the three years he spent in detention prior to sentencing.
An 80‑year‑old grandfather, whose name is withheld to protect victims, has appealed six rape convictions for repeatedly raping his eldest granddaughter between 2014 and 2018. He was sentenced in June 2022 to ten years' imprisonment with one year suspended, and to five years for 81 other sexual assaults on the girl and her two younger sisters when they were aged five to fourteen. The appeal argues that the trial judge's charge to the jury was erroneous, claiming the defence failed to fully question the complainant on details from specialist Garda interviews that were shown on a DVD. The Court of Appeal will decide on 11 July. The case highlights the grandfather's abuse of trust and the impact on the three girls, who were present at the hearing. The judge noted the defendant's age but stressed the seriousness of the offences.
A 30-year-old man accused of raping his partner's 23-month-old toddler with an object has pleaded guilty to charges of reckless endangerment and child cruelty, two weeks into his Central Criminal Court trial. The man, who cannot be named to protect the identities of the children, initially pleaded not guilty to ten charges, including Section 4 rape, sexual assault, and child cruelty to the toddler and her brother between February and April 2018. However, a plea deal was reached, and he admitted to one count of reckless endangerment of the toddler between March 29, 2013, and April 5, 2018, and two counts of child cruelty towards the toddler and two counts of child cruelty towards her brother on April 5, 2018. The matter is currently at the appeal stage. The man will be sentenced for the reckless endangerment charge and the child cruelty charges on October 9. The charges carry a maximum sentence of seven years. The trial heard that the family was under investigation by gardaí at the time of the alleged offences and had been referred to Tusla the previous November after the girl, then aged 18 months, was taken to hospital covered in bruises. The children were immediately taken into care following the hospitalisation. The man fled the jurisdiction shortly after the girl was hospitalised and has been in custody since his return. He gave one voluntary interview to gardaí in January 2018, when the initial investigation into the girl's November 2017 hospitalisation was underway. The man had also pleaded not guilty to other charges, including sexual assault and failing to seek medical help for an injury to the girl's wrist. The children's mother pleaded guilty last year to two counts of recklessly endangering her children and was given a five-year jail sentence, which she is appealing in the Court of Appeal.
A man with 86 previous convictions, including for domestic violence, has had his custodial sentence doubled following a Court of Appeal ruling. Jason Doyle (28) of Tower Hill, Ballymote, County Sligo, pleaded guilty to one count of assault causing harm against his then partner at their home on 10 January 2021. Sligo Circuit Criminal Court had imposed a two-year sentence with 15 months suspended. The State appealed on grounds of undue leniency. The victim sustained injuries including bleeding to the head, bruising to the jaw-line, and blows to the back of her head and body during the overnight incident. Justice Isobel Kennedy, delivering the Court of Appeal's judgment, found the lower court had erred in principle by applying an excessive mitigation discount. The court substituted a headline sentence of three years with nine months credited for the guilty plea and nine months suspended, resulting in an 18-month custodial term.
In a Court of Appeal hearing on 3 July 2023, John D Fitzgerald SC argued that Edmundas Dauksa, 53, was provoked when his former partner, Ingrida Maciokaite, 31, decided not to bring their six‑year‑old daughter to his home on the day of the murder. Dauksa had been convicted in May 2021 of murdering Maciokaite by stabbing her 19 times in a darkened archway in front of the child. The defence claimed the decision to withhold the child, made after a District Court granted her sole custody, caused Dauksa to become "very distraught" and "destroyed as a human being." Fitzgerald said the phone call from Maciokaite at about 2 pm was the trigger and could amount to provocation, even though it was not a face‑to‑face confrontation. The judge, Mr Justice John Edwards, noted Dauksa was in a self‑induced state of intoxication and that the court would reserve judgment on the provocation claim. Edmundas Dauksa pleaded not guilty.
In a Court of Appeal hearing on 3 July 2023, the State argued that the fully suspended two‑year sentence imposed on James 'Jake' Boles for coercive control and five assault offences was too lenient. Boles, aged 24, had been convicted in January for repeatedly dragging his partner by the hair, slamming her head, punching her face and verbally abusing her over a period from 1 January to 5 April 2019. The victim, aged 22, had waived anonymity. The State, represented by Carl Hanahoe BL, contended that the physical violence was frequent and severe, constituting an aggravating factor, and that the judge had applied an excessive discount for mitigating circumstances. The Court of Appeal, hearing the case, noted the weekly nature of the assaults and the impact on the victim, and the judge had suspended the sentence until 2027 with onerous conditions. The Court reserved judgment until 21 July 2023.
The Supreme Court has agreed to hear Unite the Union's appeal against a High Court decision that granted H.A O'Neill Limited an injunction restraining the union and three of its members from carrying or erecting placards or representing a trade dispute. The injunction, issued last March, remains in force pending the full hearing. Unite argues the injunction has wide implications for industrial relations and that the High Court may have overstepped the 1990 Industrial Relations Act. The company claims the proposed industrial action, including picketing, is unlawful and that a valid trade dispute does not exist. The dispute centres on a travel allowance that the company says was incorporated into hourly pay a decade ago, while Unite seeks its restoration. The Supreme Court panel will focus on the nature of the ballot required of union members and whether the lower court correctly applied the law.
The Court of Appeal upheld a lower court's ruling that a young girl, taken by her mother to Ireland, must be returned to the EU country where she previously lived after her father applied for child abduction under the Hague Agreement. The father claimed the move was without his consent, while the mother argued that she and the girl had moved to Ireland exercising EU freedom of movement rights and that the father had consented. The High Court had already ruled in favour of the father, ordering the girl's return to her habitual residence. The mother appealed, alleging the High Court hearing was unfair and unconstitutional, citing an expert report that questioned the child's reliable statements. The Court of Appeal dismissed all appeal grounds, declined to refer the case to EU courts, and affirmed the order directing the child's return. The decision was made by Justices Binchy, Pilkington and Allen.
In a 2023 appeal, Gezim Idrizi, a 38‑year‑old security provider from Luttrellstown Heights, sought to overturn a conviction for assault causing harm that left a victim out of work for six months. Idrizi was found guilty by a jury of one count of assault causing harm and acquitted of a false imprisonment charge. The trial judge, Patricia Ryan, sentenced him to three years and nine months, suspending the final six months for two years. Idrizi's appeal argued that the jury had no evidence about the functionality of the DNA extraction machine used on blood found at the scene, and that expert testimony from Sarah Fleming was inadmissible. The Court of Appeal, hearing counsel Michael Bowman SC and Eoghan Cole BL, noted that the DNA evidence was lawfully obtained and that the judge had not warned the jury about the limitations of DNA analysis. The court reserved its judgment on the matter. Gezim Idrizi pleaded not guilty.
The Court of Appeal quashed a fully suspended sentence for a 33‑year‑old domestic abuser who groomed and sexually assaulted his partner's daughter, aged 12‑13, and re‑sentenced him to two‑and‑a‑half years' imprisonment. The original judge had sentenced him to 2½ years, discounted six months for mitigating factors, and suspended the whole term. The appeal argued the sentence was too lenient, citing grooming, alcohol use, breach of trust, and the victim's status as a child. The Court of Appeal set a headline sentence of four years, reduced by one year for mitigation, and suspended the final six months. The man was ordered to serve the remaining three years in custody, with post‑release supervision for two years. The decision was based on the seriousness of the offences and the lack of remorse, and on the fact that the original suspended sentence was deemed unjustified.
The Supreme Court has unanimously dismissed an appeal by the Garda Commissioner challenging the quashing of a search warrant that would have allowed access to a journalist's mobile phone. The seven-judge court upheld the Court of Appeal's decision that the warrant, obtained in relation to the Strokestown eviction investigation, was invalid. Emmet Corcoran, editor of The Democrat newspaper, had his Strokestown home searched in 2019 and his phone seized following a warrant issued by the District Court in 2018. Mr Justice Gerard Hogan stated that protection of journalistic sources is integral to a free press and essential to democracy under the Constitution. The court found that the District Court judge had not been adequately informed that Mr Corcoran was asserting journalistic privilege before the warrant was issued. Mr Justice Hogan noted the case exposed serious shortcomings in search warrant legislation, matters he suggested warrant urgent Oireachtas consideration.
The Court of Appeal has quashed the original sentence of James Davy, who was convicted of impeding the apprehension of Sean Davy following the murder of Thomas 'Toddy' Dooley. Davy's conviction for murder was previously overturned in 2021, substituting it with a lesser offence for attempting to dispose of a baseball bat and burning the victim's body. Mr Justice George Birmingham ruled that the original nine-year sentence, with two years suspended, was excessive because the re-sentencing judge failed to adequately consider mitigating factors, including Davy's early plea, remorse, mental health difficulties, and productive prison conduct. The court reduced the sentence to eight years' imprisonment, with the final two years suspended, and marked the sentence as served. Davy had already served six years and nine months before his release in September 2021. Mr Justice John Edwards noted that the re-sentencing judge made no reference to these mitigating circumstances, which Davy was entitled to have taken into account. The court emphasized that while the offending was egregious, Davy was entitled to a proportionate sentence reflecting standard mitigation. Sean Davy, the principal offender, remains serving a life sentence for murder, while Mathew Cummins, who admitted to setting fire to the body, was also convicted of impeding apprehension. The appeal was dismissed as moot by the State, but the court affirmed Davy's right to due process and a correctly calibrated censure.
Jonathan Dowdall, a former Sinn Fein councillor, appealed his four-year sentence for facilitating the murder of David Byrne at the Regency Hotel. Counsel Michael O'Higgins SC argued Dowdall was "duped" and placed in the "firing line" for a disinformation plan, contending the Special Criminal Court failed to adequately weigh the life changes resulting from his cooperation. Dowdall had pleaded guilty to the facilitation charge, which involved his father, Patrick Dowdall, booking a room on February 4, 2016. Patrick Dowdall was separately jailed for two years for his role in the same offence. The Court of Appeal, presided over by Mr Justice George Birmingham, noted Dowdall had previously served a substantial sentence for torturing Alexander Hurley, a conviction for which he and his father had successfully appealed earlier. The judges questioned whether a defendant with such a history could expect a better outcome, noting the sentencing court had already applied unusual discounts. The appeal challenged the headline sentence and plea discount, but the court highlighted the appellant's prior convictions and the impact of his decisions on his family. The matter was adjourned.
In a 2023 Central Criminal Court case, a 43‑year‑old man was sentenced to 18 months' imprisonment for raping and sexually assaulting two foster brothers between 1995 and 1998. The younger victim, aged 11 when the abuse began, was raped orally four times and assaulted sexually seven times; the older brother, aged 12, was assaulted four times. The defendant, aged 15‑18 during the offences, pleaded not guilty but accepted the jury verdict. The trial judge, Justice Deirdre Murphy, treated the case as a juvenile offence, citing the defendant's low intellectual functioning and the victims' vulnerability. The Court of Appeal heard that the State argued the sentence was too lenient, citing a 2½‑year concurrent discount and the failure of authorities to act on an earlier complaint. The judge noted the defendant's post‑conviction acknowledgement of guilt and the impact of the abuse on the victims. The case remains under appeal.
Emmet O'Connor, 30, of Kerry, was convicted in December 2020 of two counts of rape, organising prostitution and intimidating a witness. He was sentenced in April 2021 to eight years for the rapes, two years for organising prostitution and one year for intimidation, all consecutive. O'Connor denied the charges. The victim, a sex worker, testified that she and O'Connor had consensual rough sex a year earlier but that on 25 September 2017 she was forced to sleep with him, was crying and begged him to stop; he grabbed her, carried her upstairs, threw her on the bed and raped her twice. O'Connor's appeal argues that the trial judge erred by allowing evidence from two recent‑complaint witnesses without adequate warning of its limited use, and that late forensic evidence was introduced too late. The State's counsel said the evidence was not hearsay and that the judge had explained its limited use. The court will reserve judgment on the appeal.
A man has launched an appeal against his conviction for rape and sexual assault following a trial in the Central Criminal Court. Stephen Lynch, with an address in County Offaly, was convicted in May 2021 of raping a fifteen-year-old girl at a property in Athlone, County Roscommon, in October 2015, and of sexually assaulting another young woman and assaulting her friend in December 2015. Lynch pleaded not guilty to all charges. At the Court of Appeal, his legal representatives argued the jury should have been discharged due to concerns they were photographed during the trial and following a reference by a witness to previous stories about the accused. The State's counsel submitted these issues were resolved at trial and were not sufficiently prejudicial to warrant discharge. The appeal court reserved judgment. Lynch was sentenced to eight years and nine months for the rape offence and concurrent sentences totalling two years and nine months for the other convictions.
Gerry Connors, aged 26, had his original four‑and‑a‑half‑year sentence for false imprisonment and robbery reduced by one year on appeal. In April 2020 he and a companion unlawfully entered a home on Ballyogan Road, repeatedly punched the victim, threatened him with scissors, forced him to strip, and robbed him of his car keys. The incident lasted 20‑30 minutes. In November 2018 he also robbed Aaron Campbell on Kilcross Estate, taking headphones, €150 and cigarettes after threatening him. Connors pleaded guilty to both offences and showed remorse. The Court of Appeal, citing his drug‑free status and rehabilitation efforts, quashed the original sentence and re‑sentenced him to six years' imprisonment, with two‑and‑a‑half years suspended, allowing him to continue his rehabilitation work. The appeal focused on balancing punishment with rehabilitation, not on any new facts beyond those presented in the trial.