The High Court struck out legal actions against the State brought by the late Peter Pringle following his death in January. Mr Pringle, of Glenicmurrin Costelloe, Co Galway, was originally convicted at the Special Criminal Court in 1981 of the murders of Gardai John Morley and Henry Byrne during a 1980 bank robbery in Ballaghadreen, Co Roscommon. He was sentenced to death, later commuted to 40 years, and served 14 years and 10 months before his convictions were quashed in 1995 as unsafe. Counsel for the applicant, Mr Pringle Paul Carroll SC, instructed by Siuna Bartels, stated that no family member wished to continue the proceedings, which included a damages claim alleging state negligence and constitutional breaches regarding undisclosed evidence. The State, represented by Robert Barron SC, did not object to the strike-out. Mr Justice Rory Mulcahy agreed to strike out the cases, noting that costs orders previously made in Mr Pringle's favour by the Court of Appeal would remain in place. The matter was brought to a finality, ending proceedings that had been remitted to the High Court for fresh consideration after the Court of Appeal set aside a 2019 dismissal based on delay.
Simon Quilligan, 40, was convicted in March 2021 of possessing a firearm with intent to endanger life at a halting site where he allegedly said "I'll kill you all; man, woman or child." He had previously been found not guilty of attempted murder and of intentionally or recklessly discharging a firearm in a separate incident. Quilligan appealed the firearms conviction, arguing insufficient evidence and inconsistency with his acquittal on the discharge charge. The Court of Appeal, led by Mr Justice Patrick McCarthy, rejected the appeal, stating ample evidence justified a jury decision and that the conviction was not inconsistent with the acquittal. Quilligan remains jailed, with release scheduled for 10 June 2024, and the Court of Appeal will set a date for his sentence appeal next week. The case involved additional convictions for threatening to kill or cause serious harm and for criminal damage, all of which were sentenced to run concurrently.
The Court of Appeal has reserved its judgment in an appeal by James Davy regarding the severity of his sentence. Davy, along with Mathew Cummins, was initially convicted of murdering Thomas 'Toddy' Dooley in 2014. In 2021, the Court of Appeal quashed these murder convictions, finding no evidence of a joint enterprise to kill. Instead, the court substituted convictions for impeding the apprehension of Sean Davy, who remains serving a life sentence for the murder. Davy was re-sentenced to nine years in jail, with the final two years suspended, but the sentence was marked as served. He was released in September 2021 after serving six years and nine months. Davy now appeals against the severity of this already-served term, arguing it negatively impacts his job prospects. Counsel for the State described the appeal as moot. However, Mr Justice Edwards noted that while the sentence is served, Davy is entitled to due process and a proportionate censure. He criticized the re-sentencing judge for failing to consider Davy's remorse, mental health, addiction, and prison progress. The court will decide whether the sentence was excessive given these unaddressed mitigating factors.
Kevin Coade, 44, was found guilty of trespassing and theft at an 81‑year‑old neighbour's house on 25 July 2018. He was sentenced to seven years' imprisonment, with the last two years suspended, by Judge Sean Ó Donnabháin. Coade appealed, arguing that the trial judge erred by allowing the identification evidence of the then Lord Mayor of Cork, Councillor Michael Finn, and other witnesses, including CCTV footage from a local pub, to be presented to the jury. The Court of Appeal, led by Mr Justice George Birmingham, rejected the appeal. Birmingham held that the identification evidence was not inferior to a formal parade and that the judge had discretion to admit it. He also dismissed the claim that the jury should have been warned about possible false statements by Coade, concluding that no lies had been proven. The appeal was dismissed, leaving the conviction and sentence intact. Kevin Coade pleaded not guilty.
A 41‑year‑old father from North Africa, who claimed his nine‑year‑old daughter was possessed by a jinn, was convicted of two counts of assault causing serious harm and three counts of child cruelty after a trial at Dublin Circuit Criminal Court. The girl, now unable to walk, talk or sit independently, suffered repeated beatings, burns, choking and other abuse at the hands of both parents. The father argued he was less culpable because he was at work during the most damaging assault, but the Court of Appeal dismissed his conviction appeal and left a reserved judgement on his sentence appeal. The court upheld the conviction, noting the father's participation in the daily violence and the joint enterprise with the mother. The case highlighted the severity of the abuse and the court's refusal to accept the father's defence of possession. The unnamed appellant pleaded not guilty.
A man's appeal against his four-year jail sentence for the sexual abuse of a child in County Cavan has been dismissed by the Court of Appeal. The appellant, now 23, pleaded guilty at Cavan Circuit Criminal Court in June 2021 to defilement of a person under 15 years of age following an incident in 2017 when he was 17. The trial judge imposed a sentence of five and a half years in January 2022, suspending the final 18 months. The appellant's counsel argued the sentence was excessive, contending that the age difference between the accused and the victim was not inherently aggravating and that the duration of the assault was brief. The Court of Appeal found the trial judge had properly identified aggravating factors including coercion, persistence, and a significant age disparity. Ms Justice Isobel Kennedy noted the victim had repeatedly refused consent and dismissed the appeal, stating the headline sentence of seven years fell within the judge's discretion.
The Court of Appeal upheld a 5‑½‑year jail sentence for a 55‑year‑old man who abused five sisters between 1980 and 1988. The abuse began when the man was 12 and ended when he was 20. The sisters were aged seven to 13 at the time of the abuse. He pleaded guilty to one count of rape and six counts of indecent assault. In February 2022 he received a total of six years and six months' imprisonment, with the final 12 months suspended. The judge ordered the three‑and‑a‑half‑year rape sentence and the three‑year indecent‑assault sentence to run consecutively. The appeal argued that consecutive sentences ignored mitigating factors such as the offender's age, cognitive difficulties, lack of insight and remorse, but the Court of Appeal rejected the appeal, finding the judge had carefully considered all mitigating factors and that the consecutive sentences were appropriate and not unduly lenient.
Gardai and Simeon Burke will receive audio recordings of court proceedings as part of an appeal against his conviction for a public order offence. Burke, aged 24 and with an address in Castlebar, Co Mayo, was arrested following a disruption at the Court of Appeal on 7 March during a hearing concerning his brother Enoch Burke's suspension from Wilson's Hospital School. He was subsequently convicted under the Public Order Act for threatening, insulting and abusive words and behaviour at the Four Courts. Mr Justice John Edwards at the Court of Appeal ruled that only recordings made while the court was sitting should be released, rejecting arguments that ambient recordings constituted covert State surveillance. The judge determined the key issue for the appeal at Circuit Court is whether the judge ordered the courtroom cleared before gardai removed Burke. He permitted parties to seek further recordings if necessary.
The Court of Appeal has been asked to consider quashing the sentence of a teenager who raped his seven‑year‑old cousin. The boy, aged 17 when convicted in February, was sentenced to one year's detention in Oberstown. He is now over 18 and will be transferred to an adult prison by 17 October, where he must serve the remaining 31 days. Lorcan Staines SC argues that the trial judge could not have imposed a non‑custodial sentence on a child and that the appellate court should either quash the sentence or affirm it. The State, represented by John William Fennelly BL, notes that the 31 days are not excessive given the nature of the offences and that the appellant did not accept the jury verdict. The court will reserve judgment. The unnamed 17-year-old pleaded guilty.
Defrocked priest Denis Nolan, aged 71, had his prison term quadrupled by the Court of Appeal. He had previously been jailed for seven years in 2014 for sexually abusing a boy over five years, and for six years in 2017 for rape and abuse of another boy. In December 2023 he pleaded guilty to three counts of anal rape, one of oral rape and five of sexual assault of a third boy, with offences dated 2001‑2005. The trial judge imposed a nine‑year sentence, suspending seven‑and‑a‑half years, but the Court of Appeal quashed that and imposed a new six‑year term to run consecutively with his existing sentence, which expires in December. The appeal was based on the claim that the suspended portion was unduly excessive and that the original sentence did not reflect the overall gravity of the offences.
Stephen Keane, 33, of Coolfin Meadows, Portlaw, was convicted of murder for the death of John Lowe, 60, in December 2018. He had pleaded guilty to manslaughter but not to murder. Keane claimed intoxication and that he had only struck Lowe once, but the trial judge allowed admissions he made to Gardaí during pre‑detention interviews and notebook entries to be admitted as evidence. Keane's lawyers argue that these admissions were made while he was intoxicated, without legal advice, and should have been excluded. They contend the judge erred in admitting the Garda notebook entries and in not applying the same fairness test used for the first two interviews. The Court of Appeal will decide on June 15. The case remains at the appeal stage, with no verdict yet.
James Meagher, a 39‑year‑old Kilkenny hurling coach, was convicted of defrauding a childhood friend of €42,000, an amount that the victim had believed was an investment in a non‑existent sliotar business. The fraud was prosecuted under Section 6 of the Criminal Justice (Theft and Fraud Offences) Act 2001, with seven additional offences considered. Judge Elva Duffy sentenced Meagher to two years in prison, suspended the final 18 months, and postponed the start of the custodial term until 1 June to accommodate his college commitments. Meagher had appealed the severity of the sentence on 18 April but withdrew that appeal at a brief Court of Appeal hearing. He had previously coached the Kilkenny minor hurling team and was part of the Ballyhale Shamrocks backroom staff that won the All‑Ireland club championship this year. The victim's impact statement described a loss of self‑esteem and a sense of betrayal. James Meagher pleaded guilty.
Letitia Barry, 23, pleaded guilty to driving without due care and attention, causing the death of John Byrne, 39, at a pedestrian crossing in Rush on 7 June 2019. Barry was sentenced to eight months' imprisonment, fully suspended, and received a six‑year driving ban at the Dublin Circuit Criminal Court. The Court of Appeal found that the interpretation of the law for first‑time careless driving offenders had not been properly applied, and that a mandatory four‑year ban should not automatically apply when the offender has no prior convictions. The appeal argued that the judge had not explained the basis for the six‑year ban and that the statutory ban should have been four years. The Court of Appeal therefore quashed the six‑year ban and substituted a four‑year driving ban, citing the tragic circumstances of the case.
A 36‑year‑old man, Gerard Cervi, faces trial at the Central Criminal Court on 2 October for the murder of Bobby Messett (50) and the attempted murder of boxing coach Pete Taylor, who was also shot when a gunman entered Bray Boxing Club on 5 June 2018. Cervi, originally from Dublin's East Wall, is also accused of attempting to murder Ian Britton on the same day and location. He has been in custody since September 2018, with his first trial in September 2021 collapsed after 10 weeks when a juror fell ill. The Court of Appeal had previously considered granting him bail under the strictest conditions, but denied bail after a trial date was fixed. The case is expected to last six weeks, with the court noting that the trial will likely be very long.
In a 2023 Court of Appeal decision, the three‑judge panel ruled that if a juvenile sentencing error is found, the appeal court cannot impose a new sentence once the offender turns 18. The case concerned a 20‑year‑old man who had been sentenced to life detention with a 13‑year review after pleading guilty to the murder of 20‑year‑old student Cameron Blair. The judge, Mr Justice Paul McDermott, had sentenced him in April 2020 when he was just shy of 18. The appeal court can only quash the original sentence or impose a sentence that could have been given at trial, but it cannot order detention for an adult or imprisonment if that was not an option at sentencing. The court noted that the offender would be transferred to an adult prison after 18, and that the appeal court is constrained by the options available at the trial court.
A 57‑year‑old man, whose name is withheld to protect his wife, was convicted of 16 counts of anal rape of his then‑wife between 2003 and 2007 and of eight counts of indecent assault and three counts of rape of his younger sister between 1978 and 1987. He was sentenced to 13 years' imprisonment, with seven years for the sister offences and six years for the wife offences, to run consecutively with no portion suspended. The appeal argued that the use of a screen separating the witness from the court was prejudicial and that certain background evidence should not have been admitted. The Court of Appeal dismissed the appeal, holding that the judge had considered the need to protect the complainant from secondary victimisation and that the evidence was relevant and necessary to illustrate the depth of violence in the relationship. The judge found no error in admitting the background evidence or in allowing the screen.
The Court of Appeal has reduced the driving disqualification imposed on Father Ned Hassett from two years to 18 months. Fr Hassett, a 53-year-old parish priest in Dungarvan, Waterford, pleaded guilty in November 2021 to careless driving causing serious harm. The offence stemmed from a crash on the N25 on April 30, 2021, where he allegedly failed to see motorcyclist Bobby Bohill, who was participating in a charity event. Mr Bohill suffered a broken femur and a traumatic brain injury, described by counsel as life-changing, though he has since made a good recovery. At the original sentencing in the Circuit Criminal Court, Fr Hassett was disqualified for two years and fined €250. During the appeal, his lawyer highlighted that he had already served 15 months of the ban, forcing him to cycle around his rural parish to attend to his flock. Mr Justice George Birmingham acknowledged the offence's seriousness but noted Fr Hassett's impeccable previous character and incident-free driving history. The judge also referenced a recent Court of Appeal ruling establishing that disqualification periods are discretionary rather than mandatory minimums. Consequently, the court agreed to reduce the disqualification period to 18 months, effectively shortening the remaining ban.
Vesel Jahiri, a convicted murderer serving life imprisonment, appeared before the Court of Appeal to challenge his Central Criminal Court convictions for the 2012 murder of Anna Finnegan and the stabbing of her brother, Karl Finnegan. Jahiri, who pleaded not guilty to both charges and was found guilty by a jury, is representing himself in this appeal. He alleges that gardaí planted evidence, including knives and a knife block, at his temporary address to link him to the crime. The appellant further claims the trial judge erred by excluding him from the latter stages of the trial, denying him a closing speech, and preventing him from inspecting the murder weapon. He asserts that gardaí wiped the knife blade to remove Karl Finnegan's fingerprints and deleted CCTV footage from Cabra Garda Station. The State, represented by Cathleen Noctor SC, countered that these were matters for the jury and that Jahiri's legal teams had access to all materials. Noctor noted that Jahiri's claims regarding the evidence were rejected by the jury and that his assertions about procedural failures were unsupported. The three-judge court, led by Mr Justice John Edwards, reserved its judgment in the matter.
The High Court heard a judicial review case brought by a young woman with severe intellectual and mobility impairments, who was denied access to a State scheme that funds vehicle adaptations for disabled drivers. She claims her appeal was not processed because the Disabled Drivers Medical Board of Appeal has had no members since all five resigned in October 2021, and the Ministers for Finance and Transport have not appointed replacements. The woman's family had previously applied for a medical certificate to enable her to use an adapted car, but the application was refused and an appeal lodged. The board apologized, citing reasons beyond its control, and directed the applicant to address the matter to the Ministers, giving no timeframe.
Bill Kenneally, 72, was sentenced at Dublin Circuit Criminal Court to four-and-a-half years' imprisonment, to run consecutive to his existing 14-year and two-month sentence, after pleading guilty to 13 sample counts of indecently assaulting five boys. The offences, alleged to have occurred between December 1979 and March 1990 in the south east, involved boys aged 13 to 15. Kenneally had initially pleaded not guilty to 266 counts but entered guilty pleas on the sixth day of trial. Judge Martin Nolan described the conduct as "incredibly reprehensible," noting Kenneally abused his position as a coach and family friend. The judge set a headline sentence of 10 to 12 years, reduced to eight or nine years for the guilty plea, but imposed the consecutive term to reflect the seriousness of the crimes. Kenneally's earliest release date is October 2026. The court noted that a High Court judicial review seeking to halt the trial was rejected, and the Court of Appeal upheld that decision. A commission of investigation was subsequently established to examine State agency responses and a 1987 interview in which Kenneally allegedly admitted wrongdoing.
Niall Kennedy, a former soldier, was convicted in December 2021 on twelve counts of rape and additional charges of harassment and threats. He was sentenced to twelve years' imprisonment, with the final two years suspended for five years on strict conditions. Kennedy, aged 32, denied the charges. His appeal argues that the trial judge failed to issue a corroboration warning to the jury about the uncorroborated evidence of the complainant, who admitted to lying about her relationship with Kennedy and about a male friend's drug use. The appeal also contends that the judge should have warned the jury about Kennedy's state of mind and the alleged consensual nature of the intercourse. The Court of Appeal will consider whether the absence of such a warning affected the jury's deliberations. The case remains at the appeal stage.
A 55‑year‑old man was convicted of sexually assaulting an asylum seeker who claimed she had never had sex before a Muslim ceremony. The conviction was quashed by the Court of Appeal after new phone‑data showed the woman had searched for sexual information, suggesting she had prior sexual experience. The judge said this fresh material could have affected the jury's verdict and ordered a retrial. The man was remanded in custody until 7 June with bail. He had pleaded not guilty to multiple counts of rape, sexual assault and attempted rape. The original trial found him guilty of one count of sexual assault, sentencing him to six years with six months suspended and a four‑year post‑release supervision order. The appeal court will adjourn the case to the next legal term for DPP instructions. The man cried and asked, "Can I go home now?".
Tony McInerney, 27, a former drug dealer from Glenina, Gort Road, Ennis, admitted to attempting to murder Daniel Harty Jnr on 18 January 2020 at Pound Street, Sixmilebridge, Co Clare. He pleaded guilty at the Central Criminal Court. McInerney had previously been convicted of running a cocaine factory and was sentenced to 12 years in prison in May 2021, a term later reduced by two years on appeal. He also pleaded guilty to possession of cocaine for sale or supply and to possessing crime cash on 23 September 2020. The judge described him as "at the top of the pyramid" of the Clare drug scene and noted his status as a target of the divisional drugs unit. The case is set for mention on 10 July, with McInerney remanded in custody. Ms Justice Eileen Creedon ordered a victim impact statement to be prepared by that date.
The High Court has ordered the extradition to Germany of a 50-year-old Irish man, Liam Patrick Daly, who is alleged to have attempted to commit aggravated robbery in a Berlin takeaway in 1994. The court heard that Daly, who was arrested and questioned in Germany, allegedly admitted during his detention that he had a mask on his head and a chair leg in his hand but only wanted to scare the other man. He was detained for three days and then released after providing his fiancée's address. Daly was not charged with any offence before his release. The German authorities initiated an international search for Daly in 1996, and he was arrested in England in 2003. An extradition case was previously heard by the court of appeal, which ruled in Daly's favour and refused the extradition, citing the likelihood of an unfair trial due to the delay. However, the High Court has now ordered Daly's surrender to Germany, noting that Daly was a major contributor to the delay in the proceedings. The court agreed to postpone the extradition to July 24 to allow Daly to facilitate the care of his mother, who has been diagnosed with cancer.
Michael Collins (49) appealed his conviction at the Court of Appeal, arguing he should not have been permitted to represent himself during his 2019 trial. Collins was found guilty of dangerous driving causing the death of Jillian Thornton on May 27, 2016, in Duleek, Co Meath, and was jailed for 14 years by Trim Circuit Court. He was also convicted of two charges of endangerment, 12 charges of dangerous driving, and driving under the influence. Collins, of Drogheda, Co Louth, had dismissed his legal team before the trial began. His counsel, Michael Lynn SC, submitted that Collins was incapable of running a coherent defence due to paranoia and that forcing legal representation would have ensured a fair trial. The State's counsel, Carl Hanahoe BL, countered that Collins had the fundamental right to self-representation and was found fit to be tried. The court described the argument as a "very radical proposition" without precedent in Irish courts. The appeal was adjourned, with the court reserving its judgement.
The Court of Appeal has quashed the conviction of Barry Fergal Jennings, a 57-year-old former priest and Irish Times columnist from Cloonkeerin, Frenchpark, County Roscommon. Jennings had been sentenced to four years imprisonment following his conviction in March 2022 on six counts of sexual assault against a schoolboy at locations in Dublin between September 1998 and December 1999. He had denied the charges. Ms Justice Isobel Kennedy found that the trial judge failed to provide adequate direction to the jury regarding the limited and proper use of evidence concerning complaints made by the victim. The judge stated that such evidence could only demonstrate consistency of the complainant's account, not corroborate the allegations themselves. Ms Justice Kennedy determined that the absence of this instruction rendered the conviction unsafe, as the jury risked accepting complaint evidence as supporting proof of the facts alleged. She concluded there had been a substantial oversight giving rise to apprehension of real injustice, and accordingly quashed the conviction.
In May 2023 the Court of Appeal increased the sentence of Christopher Rafter, 49, from four‑and‑a‑half years to seven years' imprisonment with the final 12 months suspended. Rafter had pleaded guilty to raping and sexually assaulting his two younger sisters, Dolores Prendergast and Linda Rafter, between 1989 and 1993 while he was a minor. The sisters, aged between six and eleven at the time, were abused repeatedly, with Rafter's conduct described as systematic and serial. The original concurrent sentences for the two victims had been criticised as too lenient, and the appeal court found the mitigation and suspended portion too generous. The appeal hearing highlighted the severe and prolonged impact on the sisters, who had suffered family ostracism and ongoing psychological harm. The new sentence reflects the seriousness of the offences and the cumulative nature of the abuse.
A 27‑year‑old Kildare man who violently sexually assaulted his estranged wife, recorded on camera saying he had "every right" to touch her, had his original five‑year sentence increased by eight months after a successful appeal by the State. The Court of Appeal quashed the initial sentence, which had a 20‑month suspended portion, and re‑sentenced him to five years and eight months' imprisonment, with the final 20 months suspended. The judge noted the man's guilty plea and the mitigating factor of an acquired brain injury sustained in 2017. The appeal hearing highlighted the violence, breach of trust, and the impact of the brain injury, while the State argued the sentence was too lenient and the defence emphasised the injury as a key mitigating factor. The woman's victim impact report described the assault as frightening and menacing, and she had previously sought a protection order and stayed in a women's refuge.
Gerard Cervi, the appellant accused of the murder of Bobby Messett and the attempted murders of Pete Taylor and Ian Britton at Bray Boxing Club in June 2018, may be granted bail on stringent conditions. The Court of Appeal found that Cervi has spent a "highly unusual amount of time" in custody, nearly five years, without a date for his second trial. While the State opposed bail, citing flight risk due to his post-incident travel to Spain, the court noted the absence of an imminent trial date. Justice George Birmingham stated that the substantial period in custody and uncertain timeline persuaded the court to contemplate bail, provided strict conditions are met. These proposed conditions include residing at a named address, signing on twice daily, surrendering travel documents and driving licence, installing a landline, and allowing electronic tracking of his mobile phone. The court invited parties to return to discuss whether these proposals were broadly appropriate. The matter was adjourned to allow for further discussion on the conditions, and no final decision on the bail application was made at this stage.
The trial of Patrick Sweeney, Martin O'Toole, Paul Beirne, and David Lawlor continues before Judge Martina Baxter and a jury at Dublin Circuit Criminal Court. The four men, who have all pleaded not guilty, face 17 charges each, including false imprisonment, assault causing harm to four security personnel, aggravated burglary, and arson of four vehicles. Prosecuting counsel Anne Rowland SC delivered her closing speech on day 38 of the trial, which began last February. She alleged that the group was "bent on violence and domination" during an attack on a repossessed farm in Co Roscommon in December 2018. The State's case relies on joint enterprise, arguing that all participants are liable for the criminal acts committed by the group. While the prosecution noted that the case is mainly based on circumstantial evidence, it pointed to direct video footage identifying Mr. Sweeney and Mr. O'Toole committing offences. The jury was reminded to decide the case on the facts rather than sympathy for the victims. The matter is currently at the appeal stage of proceedings and has not been finalised; the trial continues.
Tony McInerney, a 27‑year‑old drug dealer from Ennis, was sentenced to 12 years in prison in May 2021 for possession of cocaine for sale and for possessing €4,500 in proceeds of crime. The judge imposed an 11‑year term for the drug offence and a three‑year term for the cash offence, with the final two years of the cash sentence suspended. McInerney was caught "red‑handed" at a property in Kilfilum where he was mixing cocaine, wearing orange gloves and holding a bag of the drug. Gardaí seized mixing agents, a weighing scale, a knife, a blender, €2.5K in cash and an estimated €50K worth of cocaine. In September 2020, he pleaded guilty to both charges. On appeal, the Court of Appeal quashed the original sentence and re‑sentenced him to a total of 10 years' imprisonment, with no portion of either sentence suspended, back‑dated to the date of his first arrest.
The Court of Appeal upheld the conviction of a 76‑year‑old pensioner who was sentenced in June 2021 to six years' imprisonment, with the final two years suspended, for sexually abusing three of his granddaughters over a period of more than five years. The appeal argued that there was no evidence to justify the time gap between the offences and the complaints made by the girls. The court found that the first granddaughter had complained to her teacher in January 2014 and to Gardaí in 2016, while the third girl had confided in a school friend in 2016. The appeal was dismissed on the basis that intrafamilial abuse can delay complaints and that the evidence of the complaints was admissible. The judge noted that the delay did not render the evidence inadmissible and that the girls' testimony was consistent with their earlier complaints. The appeal was therefore rejected. The unnamed man pleaded not guilty.
The Court of Appeal has upheld a €94,000 damages award made to a cabin supervisor from Cavan who sustained injuries during a workplace accident aboard a Ryanair aircraft. Fiona Nangle, aged 41 from Latt Hills, successfully sued the airline following a fall on 11 February 2018 aboard a Dublin-Warsaw flight. The High Court had previously awarded her €70,000 in general damages and €24,000 in special damages after finding she slipped on de-icing fluid tracked into the cabin by passengers. Ryanair appealed, claiming the trial judge had prejudiced its defence through excessive questioning and that the damages quantum was excessive. The three-judge appellate panel rejected all grounds of appeal, finding the trial judge had conducted proceedings fairly and appropriately. The court noted that in civil trials before a judge sitting alone, active judicial questioning is both permissible and often preferable. Ms Nangle was awarded her legal costs of the appeal.
In a Waterford case, Dean Hurley, aged 53, was convicted in 2021 of sexually assaulting his 12‑year‑old stepdaughter between 1 and 30 October 2013. The jury sentenced him to three years and six months, with the final six months suspended. Hurley appealed, arguing that a post‑conviction victim impact statement contradicted earlier testimony. The Court of Appeal, led by Mr Justice George Birmingham, rejected all four grounds of appeal. The judges found the new statement did not materially affect the core allegation and that the trial judge's decisions on evidence admissibility and indictment amendments were correct. Consequently, the conviction was upheld and the appeal dismissed. The case remains at the conviction stage, with no change to the imposed sentence.
The Court of Appeal has dismissed sentence appeals by Dawid Michalik and Daniel Stepien, who were convicted of blackmailing a teenage girl by threatening to leak explicit photos from her OnlyFans account unless she paid €10,000. Both men pleaded guilty to making an unwarranted demand for money with menaces between March 6 and 9, 2021. At the Dublin Circuit Criminal Court, Judge Martin Nolan sentenced Michalik to two years' imprisonment and Stepien to three-and-a-half years. David Ostrowski, who also pleaded guilty to demanding money with menaces, received 150 hours of community service in lieu of 21 months' imprisonment due to his age at the time of the offence. Michalik and Stepien, who had cannabis possession charges taken into account, argued their sentences were excessive, with Michalik claiming a minimal role. The Court of Appeal, led by Mr Justice Birmingham, rejected these arguments, describing the scheme as a sophisticated plan designed to maximize intimidating effect. The court noted that both appellants had previous convictions and that the sentences were not unduly severe. Consequently, the original custodial sentences were upheld, and the matter was concluded with the dismissal of the appeals.
In a case heard by a three‑judge Court of Appeal, a 27‑year‑old man was sentenced to five years' imprisonment for aggravated sexual assault of his estranged wife in Co. Kildare on 19 November 2020. The final 20 months of the sentence were suspended. The judge, Ms Justice Karen O'Connor, noted the assault took place in the victim's home, where she had a right to feel safe, and that she had repeatedly pleaded for the man to leave. The man recorded on camera declared, "I'm your husband and I have every right to touch you." He pleaded guilty to the assault. The Director of Public Prosecutions argued the sentence was too lenient, citing violence, breach of trust and the man's refusal to leave despite pleas. The court considered mitigating factors, including a traumatic brain injury sustained in 2017, and a prior conviction for violence.
A High Court jury awarded €505,000 in damages to Michael Sheehan, a 62-year-old former League of Ireland and GAA player, after finding he was assaulted by An Garda Síochána. The civil action, heard before Mr Justice Alexander Owens, alleged that Sheehan was pepper-sprayed and manhandled during an arrest in Athlone on June 3, 2012. The defendants, including the Garda Commissioner and the State, denied the claims of assault and false imprisonment, arguing the response was proportionate to a public order incident. The jury found that gardai used excessive and unreasonable force, assaulting Sheehan in a police vehicle and at Athlone Garda barracks. Sheehan was subsequently acquitted of Public Order Act offences in a separate criminal proceeding. The court awarded Sheehan his legal costs against the State. Mr Justice Owens placed a stay on the damages order pending a potential appeal to the Court of Appeal, conditional on the defendants immediately paying €75,000 to the applicant. The judge also exempted the jury from further duty for ten years.
The Court of Appeal has dismissed an appeal by John Barrett, the suspended Garda Siochana HR director, who sought an injunction to prevent the Minister for Justice from terminating his employment. The three-judge panel, comprising Ms Justice Una Nic Raifertaigh, Mr Justice Seamus Noonan, and Mr Justice Donald Binchy, upheld the High Court's refusal to grant the injunction, citing a significant delay by Mr Barrett in seeking the remedy. Although Mr Barrett commenced proceedings in June 2020, he did not apply for the injunction until December 2020. The court noted that Commissioner Drew Harris no longer holds trust or confidence in Mr Barrett. Mr Barrett claims he was wrongfully suspended in 2018 following protected disclosures to the Dail Public Accounts Committee and the Disclosures Tribunal regarding financial irregularities at the Garda College in Templemore and the treatment of whistleblower Maurice McCabe. He denies any wrongdoing and alleges the disciplinary process is flawed. While the Court of Appeal disagreed with certain High Court findings regarding whether specific communications constituted protective disclosures under the 2014 Act, it determined this was insufficient to overturn the decision. The main action against the Minister and the Commissioner remains pending, with efforts underway to bring the case to trial.
Brian Murphy, a former senior audit partner at Deloitte, lost his appeal against a High Court ruling that he could be criminally prosecuted for alleged tax offences. The High Court had ruled in May 2022 that Murphy could be prosecuted following a summons issued by the Director of Public Prosecutions (DPP) in February 2014 over a VAT refund claim for a company he directed, and a further summons in October 2015 concerning alleged tax return offences between 2008 and 2012. Murphy denied wrongdoing and argued that a settlement agreement reached with Revenue in August 2015, which required monthly payments of €4,000 and annual lump‑sum payments of €20,000 to €75,000, created a legitimate expectation that he would not be prosecuted. The High Court judge, Mr Justice Garrett Simons, found that the agreement did not contain any representation that the DPP would not pursue criminal proceedings and dismissed Murphy's claim of a breach of legitimate expectation.
A man accused of murdering Bobby Messett and attempting to murder boxing coach Pete Taylor during a shooting at Bray Boxing Club in June 2018 has applied for bail at the Court of Appeal, citing nearly five years in custody without a trial date. Gerard Cervi, originally from Dublin, faces charges relating to the incident in which a gunman entered the premises on Bray Harbour, County Wicklow, and fired nine shots. His trial at the Central Criminal Court collapsed in September 2021 after ten weeks when jury numbers fell below the required threshold. Cervi's legal team argued that extended delay, combined with an anticipated Supreme Court ruling on phone evidence, justified reconsideration of bail conditions. The State opposed the application, citing evidence that Cervi had purchased a one-way ticket to Malaga at the time of his arrest and had made unexplained trips to Spain after the shooting. Mr Justice George Birmingham adjourned the matter to May 18 for further submissions regarding Cervi's work history, travel patterns, and living arrangements.
A garda sergeant testified in the appeal trial of four men accused of attacking security personnel at a repossessed farm in Co Roscommon. The trial is ongoing before Judge Martina Baxter and a jury. Patrick Sweeney (44), Martin O'Toole (58), Paul Beirne (56), and David Lawlor (43) have each pleaded not guilty to 17 charges, including false imprisonment, assault, aggravated burglary, arson, criminal damage, violent disorder, robbery, and causing unnecessary suffering to an animal. Garda Sergeant Enda Daly stated that Roscommon District Court had previously convicted a person, not one of the accused, of an assault on Ian Gordon of GS Agencies on December 11, 2018, and fined them €200. The appeal is scheduled to be heard later this year in Roscommon Circuit Court. Sgt Daly confirmed that gardai were present at the property on December 11, 2018, to ensure no breach of the peace and that they used 'reasonable force' to remove individuals from the premises. The trial continues.
The State has appealed a High Court ruling that quashed a District Court judge's refusal to hear cases against three individuals accused of breaching publication restrictions under the Children Act 2001. The accused, Edel Doherty, Kyle Rooney, and Declan Corcoran, are alleged to have posted photos or named the teenage boys convicted of murdering Ana Kriegel in 2018. In July last year, Ms Justice Siobhán Phelan ordered the matter returned to the District Court for reconsideration, finding that Judge John Hughes' approach to jurisdiction was unfair. Today, at the Court of Appeal, the State argued that no breach of natural justice occurred and that the High Court erred in its decision. Counsel for the appellants contended that the cases were distinct, with Mr Corcoran accused of naming the boys, causing potentially more serious harm. The court noted that the Director of Public Prosecutions had consented to summary trials at the District Court level. The presiding judge, Mr Justice George Birmingham, reserved his judgment in the matter.
At Dublin Circuit Criminal Court, a jury heard that a journalist who filmed burning vehicles during an alleged attack on a repossessed farm near Strokestown, County Roscommon, declined to disclose his source to gardaí. Emmet Corcoran, former editor of The Democrat, gave evidence that he attended the property at Falsk in the early hours of 16 December 2018 and recorded footage later provided to gardaí. Mr Corcoran stated he refused to identify his source, citing constitutional and European legal protections for journalistic privilege. He declined to surrender his phone password despite gardaí obtaining a search warrant, though ultimately handed the device over. The High Court subsequently granted a restraining order preventing phone access, and the Court of Appeal quashed the search warrant after noting the District Court judge had not been informed of the journalist's privilege claim. The Garda Commissioner has appealed to the Supreme Court. Four men, Patrick Sweeney, Martin O'Toole, Paul Beirne, and David Lawlor, have each pleaded not guilty to seventeen charges relating to the incident.
In a 2023 appeal, the Court of Appeal upheld a High Court judge's refusal to order the return of a young daughter to the UK, citing a grave risk of physical and psychological harm from her father. The mother, who had moved to Ireland with her pre‑school child in 2022 after alleging domestic violence, argued that English restraining orders would not prevent the father from taking the child. The father, who denied all allegations, sought a Hague Convention order to return the child. The Court, satisfied that the mother had proven a real and grave risk, dismissed the father's appeal and maintained the High Court's decision. The case highlighted the exceptional nature of the situation and the court's willingness to protect the child from potential harm.
In a decision on 28 April 2023, Mr Justice Paul Burns dismissed former Sunday Independent columnist Eoghan Harris's appeal against the Circuit Court's transfer of his defamation action against journalist Aoife Moore to the High Court. Harris had alleged that Moore's May 2021 tweet wrongly accused him of sending her sexualised messages on Twitter. Moore, along with journalist Allison Morris, had filed separate High Court claims that they were defamed by tweets from a Twitter account called "Barbara J. Pym," which Harris and others allegedly operated between 2020 and 2021. She claimed the tweets questioned her journalistic objectivity, accused her of partisan reporting for Sinn Féin, and used sexualised language. Harris denied these allegations. The judge ruled that both Harris's claim and Moore's counter‑claim should be tried together in the High Court, citing significant overlap and complexity, and ordered costs in favour of Moore while staying execution pending the cases' outcomes.
The Court of Appeal has reserved its judgment in the appeal by 'Fat' Freddie Thompson against his 2018 life sentence for the 2016 murder of David 'Daithí' Douglas. Thompson, who pleaded not guilty, argued that his conviction should be overturned due to procedural failures in how gardaí identified him from CCTV footage. His counsel contended that no records were kept of the identification process, preventing effective cross-examination, and cited UK protocols as a standard for such procedures. The State argued that the UK code did not apply in Ireland and that the conviction remained safe even without the CCTV evidence, noting that the footage was of sufficient quality for the trier of fact. The court heard that Thompson was driving a Ford Fiesta involved in the plot, while other vehicles, including a Mercedes Benz, Suzuki Swift, and Mitsubishi Mirage, were part of the convoy. Thompson is one of four men jailed for the murder. Lee Canavan was sentenced to life in 2021 for his role in the joint enterprise, though the court did not find he fired the shots. Nathan Foley pleaded guilty to assisting a criminal organisation and received a six-year sentence, while Gareth Brophy was jailed for ten years as the getaway driver.
Ioan Lingurar, 36, who posed as a taxi driver, was convicted of raping two women in Dublin three years apart and of false imprisonment. The first victim was attacked in February 2016 after she had hailed what she thought was a taxi; she escaped after a struggle and later reported the assault. The second victim was assaulted in February 2019 after she had entered a vehicle she believed to be a taxi; she fought back and escaped. DNA evidence linked both attacks to Lingurar, who had previously been convicted of a sexual assault in France. At the Central Criminal Court, the judge imposed a total of seventeen‑and‑a‑half years' imprisonment, with the 2016 and 2019 sentences running consecutively. Lingurar appealed, arguing the headline sentences were too high, but the Court of Appeal dismissed the appeal, finding no error in the sentencing. Ioan Lingurar pleaded not guilty.
In 2021 Simon Quilligan was jailed for six years for possessing a firearm with intent to endanger life at a halting site where he threatened to kill people. He had earlier been found not guilty of attempted murder and of endangerment from a reckless discharge of a firearm. The Court of Appeal heard that the conviction for the firearm offence was "perverse" because the evidence presented at trial was insufficient to prove possession of a live weapon. Quilligan's lawyers argued that witnesses could not see or hear a gun, that no firearm residue or silencer was found, and that the evidence was inconsistent with the acquittals of the other charges. The appeal was heard by a three‑judge panel, with the judge noting that the case would be decided at a later hearing. The article reports only the arguments and the pending decision, not a verdict.
William Twomey, with an address in Warrenpoint, County Down, has failed in his appeal against conviction at the Court of Appeal in relation to an attack on a Mayo businessman in County Louth in December 2017. Twomey was found guilty at the Special Criminal Court in September 2021 of robbery, assault causing harm, and demanding money with menaces. He received concurrent sentences totalling three years, with the final year suspended, dating from August 2021. The trial heard that Twomey orchestrated a plan to lure the businessman to Omeath under false pretences, resulting in a violent robbery. On appeal, Twomey's counsel argued he had withdrawn from the joint enterprise by notifying gardaí and the PSNI. However, the Court of Appeal found the trial court had properly assessed the evidence and determined his steps were insufficient to constitute effective withdrawal. Mr Justice Edwards stated the Special Criminal Court's findings were thorough, rigorous, and open to them on the evidence presented. The appeal was dismissed.
The State has argued at the Court of Appeal that the four-and-a-half-year jail sentence imposed on Christopher Rafter for the rape and sexual assault of his two younger sisters was too lenient. Rafter, of Portlaoise, Co Laois, pleaded guilty at the Central Criminal Court to offences committed between 1989 and 1993. Ms Fiona Murphy SC, representing the State, contended that the concurrent structure of the sentences resulted in a single punishment for two victims, with Rafter receiving only two years for ten indecent assaults. She noted that Mr Justice McDermott had identified a headline sentence of nine years for the rape of Linda Rafter, reduced to six years before suspending 18 months, and a headline of seven years for the rape of Dolores Prendergast, reduced to four-and-a-half years. The State alleged that too much credit was given to Rafter's age during the majority of the offending. In response, Mr John D Fitzgerald SC for Rafter cited his client's borderline intellectual disability and schizoid personality, arguing the sentence was not radically out of line with similar cases. The court heard that the abuse was continuous and involved a significant breach of trust. The Court of Appeal has reserved its judgement in this appeal.