In February 2023 the Court of Appeal increased the jail term of a 78‑year‑old man convicted of raping and sexually abusing a child over a decade. The man, whose name is withheld to protect the victim, had been jailed for seven years after a 2021 conviction on 72 counts, including rape, oral rape, anal rape and sexual assault, committed between 1991 and 2001. The State appealed on grounds of undue leniency. Judge John Edwards ruled that the original 15‑year headline sentence had been too low, citing aggravating factors such as the child's age, the duration of the abuse and the breach of trust. The new headline sentence was 14 years, with a one‑year discount for lack of prior convictions and good character, and a four‑year suspension, leaving nine years to be served. The victim's impact statement described lasting trauma and the loss of her childhood. The man's appeal last month was dismissed. The unnamed man pleaded not guilty.
In February 2023 the Court of Appeal heard the appeal of Renato Gehlen, a 40‑year‑old Brazilian who was convicted of murdering his wife, Anne Colomines, in October 2017. Gehlen had denied the murder and claimed that Colomines stabbed herself during a struggle. The jury had rejected this claim, finding the wounds unlikely to be self‑inflicted, and had convicted Gehlen of murder, sentencing him to mandatory life imprisonment. At the appeal, Gehlen's lawyers argued that a defence of provocation and loss of self‑control had not been allowed to be presented to the jury. The judges, however, noted that there was no evidence of Gehlen's loss of control and that a provocation defence would be inconsistent with the evidence of the fatal wounds. The court reserved its judgment on the appeal. The case remains at the appellate stage.
Michael Welby, 24, was originally sentenced to three years' imprisonment with 18 months suspended for dangerous driving that caused the death of 16‑year‑old Róisín Hession in March 2020. The Court of Appeal increased his jail term by a year, quashing the original sentence and imposing a six‑year headline sentence, with two years discounted for his guilty plea and remorse. The 18‑month suspended portion remains, leaving Welby to serve two‑and‑a‑half years in custody and a four‑year driving ban. The appeal was based on the State's argument that the original sentence was unduly lenient, citing Welby's speed, alcohol level, defective vehicle and the tragic loss of a teenager. The court noted the severe impact on Hession's family and the aggravating circumstances of the crash.
On 13 February 2023, Mr Justice George Birmingham, President of the Court of Appeal, warned teacher Enoch Burke that his appeal against an injunction preventing him from attending Wilson's Hospital School might not be heard if he remains in contempt of that order. The warning came after Burke was physically removed from a courtroom by Gardaí for interrupting proceedings before Mr Justice Brian O'Moore. Burke's appeal, scheduled for Thursday, concerns orders from the High Court last September, including the injunction and a decision to dismiss him from his role as a History and German teacher. Burke claims wrongful dismissal and that the school breached his rights over a student's pronoun preference. Mr Justice Birmingham noted that the appeal could be dismissed if Burke continues to disobey the court's directives, citing his 108‑day imprisonment for contempt and a €700 daily fine imposed by the High Court.
Enoch Burke was physically removed from the High Court for the second time in as many court sittings after he interrupted proceedings before Mr Justice Brian O'Moore at the Four Courts today. The Mayo teacher, accompanied by his parents and sister, sought to raise concerns regarding Wilson's Hospital School's application to correct statements in documents related to their ongoing legal dispute. The judge ruled that Mr Burke's case was not listed and that he had not obtained the proper court documentation to raise the matter. When Mr Burke persisted in speaking despite repeated warnings, three gardaí removed him from the courtroom. His family members subsequently left voluntarily. The school is seeking to amend earlier statements concerning a meeting about a student's transition, correcting details about attendees and the principal's involvement. Mr Burke's appeal against previous High Court decisions is scheduled for hearing at the Court of Appeal later this month.
Siblings Enoch and Ammi Burke were physically removed from the High Court by gardai on Friday after interrupting proceedings before Mr Justice Brian O'Moore. The pair attended court unannounced to raise concerns about an application by Wilson's Hospital School to correct certain statements in a document relevant to Mr Burke's ongoing legal dispute with the school. The judge declined to hear their submissions, stating the court had a full list and would issue updated directions by email. When Mr Burke and his sister refused to leave the courtroom, gardai intervened and removed them. Mr Justice O'Moore later remarked that the court had been disrupted by individuals who felt entitled to make groundless complaints and deliver abusive comments. The judge sat through lunch to clear the backlog caused by the disruption. Mr Burke's case against the school concerns his dismissal following his refusal to use preferred pronouns for a transitioning student. He is currently subject to a €700 daily fine for breaching a High Court order and has an appeal pending in the Court of Appeal.
An unnamed 17-year-old appellant, who was 13 at the time of the offences, was sentenced to one year of detention for sexually assaulting and raping his seven-year-old cousin. The defendant was found guilty by a jury of orally raping his cousin following a trial earlier this year. He also pleaded guilty to four counts of sexually assaulting her on unknown dates between October 1 and December 31, 2018. Ms Justice Karen O'Connor imposed a headline sentence of four years for the juvenile defendant, reduced to one year of detention after considering mitigating factors such as his age, lack of previous convictions, and cooperation. She also imposed nine-month sentences for each sexual assault count, all to run concurrently, and ordered two years of post-release supervision. The court noted aggravating factors including the age disparity, the power imbalance, and the fact the offences occurred in the victim's home. Last month, Ms Justice O'Connor agreed to defer finalisation of the case for two weeks while defence counsel made an application to the Court of Appeal. Defence counsel Lorcan Staines SC stated the intention was to lodge an appeal, challenging the "novel" approach taken during the trial where no cross-examination was conducted to avoid trauma to the victim. The matter was adjourned pending this application.
Jonathan Dowdall's appeal against his four-year prison sentence for facilitating the murder of David Byrne has been adjourned until after judgment is returned in the trial of Gerry 'The Monk' Hutch. At a brief hearing at the Court of Appeal, counsel Gemma McLoughlin-Burke BL applied to postpone the appeal to await the outcome of the Hutch trial, where Dowdall, a former Sinn Fein councillor, gave State evidence. The court sent the matter to the next list to fix dates on March 27. Dowdall, who did not attend, had previously pleaded guilty at the Special Criminal Court to making a room available to the Hutch gang at the Regency Hotel in February 2016. He was originally charged with murder, but the State dropped that charge after he admitted to the lesser facilitation role. In October, the Special Criminal Court sentenced him to four years' imprisonment. The presiding judge noted Dowdall was complicit in the crime despite claiming ignorance of the room's purpose. Separately, Patrick Dowdall was jailed for two years for his own facilitation role in the same incident. The source notes that Patrick Dowdall's name was used to book Room 2104 one day before the murder. Jonathan Dowdall's appeal remains pending, not concluded, as it awaits the Hutch trial judgment.
The Court of Appeal reduced the sentence of a 38‑year‑old man, who had 41 prior convictions, from six years to three years on each of four defilement charges. The man had been convicted in 2016 of two counts of defiling a 16‑year‑old girl, with the original sentences running consecutively: four years for the first offence and three years and six months for the second, the last 18 months suspended. The appeal argued that consecutive sentences were unnecessary because the offences occurred over a short period and involved a single victim. The Court agreed, quashing the consecutive structure and ordering that all four sentences run concurrently, thereby halving the total custodial time. The man remains on the sex offenders register. The case highlighted the victim's anxiety, depression and suicidal attempts following the offences. The unnamed 38-year-old pleaded not guilty.
Aaron Brady, aged 31, is awaiting a new trial for conspiracy to pervert the course of justice, a charge that arose from attempts to persuade State witness Daniel Cahill not to testify in the murder case of Detective Garda Adrian Donohoe. The Special Criminal Court postponed the trial to April 8 2024 to avoid conflict with Brady's October appeal of his murder conviction. Brady and co‑accused Dean Byrne, aged 29, are accused of conspiring between April 8 2020 and June 22 2020 to influence Cahill's testimony, and of recording a video of Cahill being interviewed by Gardaí between February 20 2020 and May 7 2020. The video, circulated on social media, was described by Judge Michael White as "the most outrageous contempt of court" and a "deliberate attempt to intimidate." Brady was convicted in August 2020 of murdering Garda Donohoe and sentenced to life imprisonment with a minimum term of 40 years.
In a 2023 Court of Appeal hearing, Chris Kelly, aged 32, received a six‑year jail term with the last year suspended for possession of a firearm, a longer sentence than his co‑accused Kealan Madden, who had 13 prior convictions and was sentenced to five years with the final 12 months suspended. Kelly pleaded guilty to possession of a handgun on 20 May 2020 at Ballinlaw, Slieverue, Co Kilkenny, where Gardaí stopped him and two other men. The vehicle was searched, revealing a semi‑automatic pistol and 47 rounds of ammunition, all of which had been modified for live fire. Kelly resisted arrest and was forcibly removed. Madden, seated in the rear, was found with a dark green sock containing a tray of ammunition.
Shaun Groome's appeal against his 15-year sentence for assault causing serious harm has been dismissed. In December 2021, Groome pleaded guilty to the 2015 attack on Ciarán Murphy at Coolcor, Co Offaly, where Murphy was stabbed 16 times and set alight, suffering burns to 96% of his body and losing his ears. The trial judge, Judge Martin Nolan, described the violence as exceptional and noted Groome's murderous intent, reducing a 20-year headline sentence to 15 years without a suspended portion. Groome's counsel argued the plea discount was insufficient, citing mitigating factors including remorse and addiction. However, the Court of Appeal, presided over by Mr Justice George Birmingham, rejected this, noting the plea was entered only after Groome was extradited from the UK. Ms Justice Isobel Kennedy stated the sentence was within the margin for exceptional cases and the discount was appropriate. Groome's co-accused, David Keena, who was 17 at the time, was jailed for five years in October 2020 for his role in the attack, which involved providing petrol. The court upheld the original sentencing, finding the trial judge correctly weighed the mitigating circumstances against the severity of the injuries.
In an appeal-stage procedural matter, Wilson's Hospital secondary school applied to the High Court to correct factual inaccuracies in a document relied upon against teacher Enoch Burke. Counsel for the school stated that two errors in a statement sworn by board chair John Rogers had emerged: the meeting regarding a student's transition was attended by only one parent, not both, and the then-principal, Niamh McShane, was present only briefly rather than for the duration. Mr Justice Conor Dignam agreed the school should correct these errors and adjourned the application to Tuesday's sitting. Burke was not present and had not been notified in advance. This application coincided with the expiration of a deadline set by Mr Justice Brian O'Moore for Burke to purge his contempt of a September injunction requiring him to stay away from the school. Burke, who was jailed for 108 days last September for similar non-compliance, did not formally indicate compliance. Justice O'Moore previously ordered a fine of €700 per day for continued refusal, deeming imprisonment "not immediately attractive." Burke claims his dismissal and the injunction breach his constitutional rights regarding his objections to using a student's preferred pronouns. The contempt ruling and costs are due for review on February 10, while Burke's appeal against various High Court decisions is scheduled for the Court of Appeal next month.
In a 2023 appeal, the State argued that a 34‑year‑old man was wrongly acquitted of rape and sexual assault of a six‑to‑seven‑year‑old girl in 2005. The jury had been directed by Judge David Keane to find the man not guilty, citing UK case law that a person who invites another to touch them cannot be convicted of assault. The State cited Fairclough v Whipp and DPP v Rogers, arguing that the alleged victim's touching was voluntary and that the man's alleged actions did not constitute an active assault. The State also noted the victim's statement that the man "kind of just stopped" during the alleged assault, suggesting agency. Counsel for the respondent, Fiona Murphy, countered that the victim's touch was initiated by invitation and that no force was used, challenging the State's reliance on the UK cases.
The Court of Appeal dismissed a 39‑year‑old man's appeal against a three‑year prison sentence, with 18 months suspended, for his role in a sophisticated drug‑dealing scheme that imported cannabis disguised as nappies. The appellant, Damien Cahill of Railway Close, Kilsheelan, was convicted in July 2021 for possessing cannabis for sale or supply on 22 September 2017. He had previously supplied cocaine, a fact the court noted as evidence of a recidivist pattern. Cahill admitted he had ceased cocaine but continued to use cannabis, and the court found no evidence of rehabilitation or completion of addiction treatment. The judge upheld the original sentence, citing the seriousness of the offence and the lack of error in the sentencing decision. The appeal was therefore rejected.
Michael Delaney, 36, was sentenced to three years' imprisonment in June 2022 for hijacking a car and violently assaulting a Good Samaritan, Zolt Tolmowski, who offered him a lift. Delaney had a 12‑13 year driving ban and was on bail at the time. The Court of Appeal quashed the original sentence and re‑sentenced him to seven years' imprisonment, with the final 12 months suspended. The new sentence includes five years for the hijacking, three years for assault causing harm, and 12 months for violent disorder, with the latter suspended. Delaney's concurrent sentences for dangerous driving, driving without insurance, driving without a licence and failing to supply a urine specimen remain at four months each. The Court noted his 99 prior convictions and his participation in rehabilitation programmes while incarcerated. The decision was made after the State appealed the original sentences as unduly lenient. Michael Delaney pleaded guilty.
In an appeal-stage ruling, the High Court ordered teacher Enoch Burke to pay a daily fine of €700 for each day he refuses to comply with a court order to stay away from Wilson's Hospital secondary school. Mr Justice Brian O'Moore issued this decision on Thursday, granting Burke until the following day to decide on compliance. The judge noted that Burke had previously been jailed for 108 days for contempt but was released without purging the sentence. Following his release, Burke allegedly returned to the school campus on January 5th, claiming he was there to teach, despite being told he was in breach of the order. The school sought either asset sequestration or fines due to his repeated refusal to comply. Mr Justice O'Moore determined that a daily fine was the correct response to Burke's ongoing defiance, noting that returning him to prison was not immediately attractive and asset sequestration was unlikely to ensure compliance. The fine commences on Friday and may be increased if ineffective. The judge rejected Burke's arguments that the order breached his constitutional rights or criminalised his religious beliefs, stating that High Court orders remain valid until set aside by superior courts, where appeals are pending. The matter is adjourned for review on February 10th, with legal costs to be addressed separately.
The appeal stage of the case involving Gerard Hutch, Paul Murphy, and Jason Bonney, who are accused of participating in or contributing to the murder of David Byrne by providing access to motor vehicles on February 5, 2016, is ongoing. All three have pleaded not guilty to the charges. Patrick Dowdall, who was previously convicted of facilitating the murder by making a room available at the Regency Hotel, has admitted guilt and was later re-sentenced to 7 years and 11 months and four years imprisonment after successful appeals. The prosecution has presented evidence, including secretly recorded conversations between Gerard Hutch and Jonathan Dowdall, which allegedly show Hutch's central involvement in the Regency Hotel attack. The trial has heard that three AK-47 assault rifles were found in the boot of a car following an intervention by gardai. The case has been adjourned and is not yet concluded.
The High Court ruled that legal fees can be included in a Personal Insolvency Arrangement (PIA). The case involved Mary and Michael Daly, who were ordered to pay €179,000 in damages and €77,000 in legal costs to Mae Rae after their two Rottweiler dogs attacked her in 2012. The Dalys, claiming insolvency, sought to enter a PIA and included the legal fees but not the damages in their proposal. Mae Rae, represented by Gerard Nicolas Murphy BL, appealed, arguing that the fees should be treated like the damages and excluded under the 2012 Personal Insolvency Act. Mr Justice Alexander Owens dismissed the appeal, agreeing that the legal fees could be included as a debt in the PIA, while noting no order was made regarding the parties' application costs. The Dalys' PIA will be considered by the Circuit Court later.
The State appealed the fully suspended 18‑month sentence imposed on Timmy O'Reilly, a 47‑year‑old "family man" from Kilkenny, for laundering over €120 000 while receiving social welfare. The Court of Appeal heard that O'Reilly had pleaded guilty to eight counts under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 and was charged with 32 offences relating to €125 000 found in an Irish Life account and two credit union accounts between 2011 and 2018. Judge Cormac Quinn had originally set a headline sentence of three years' imprisonment, reduced to 18 months before suspending it entirely. The State argued that a custodial term was necessary, citing O'Reilly's 15 prior convictions and a previous suspended sentence for assault. O'Reilly's counsel contended the money was inactive, not part of a larger scheme, and that the suspended sentence was within the judge's discretion. The court reserved judgment.
Robert O'Leary, a 44‑year‑old used‑car salesman from Finglas, Dublin, had his 2020 conviction for IRA membership quashed after it was revealed that the prosecution's chief witness, Nik Kasapi, was a convicted drug dealer. O'Leary was originally jailed for three years by a Special Criminal Court after being found guilty of belonging to a group styling itself as the Irish Republican Army in August 2019. He claimed he sold a Skoda Octavia, later used in a bomb plot against a PSNI officer, and that no evidence existed against him. Following the quash, O'Leary is seeking a miscarriage‑of‑justice certificate under Section 9 of the Court of Appeal Act 2014. The Court of Appeal has adjourned the matter to February 17 for mention. O'Leary has vowed that his case will not be ignored and has called for the abolition of the Special Criminal Court.
In a 2023 Court of Appeal decision, the State's appeal to increase the sentence for Caitlin Corcoran, an 18‑year‑old Waterford woman convicted of manslaughter for the death of her newborn Sophie Elizabeth, was dismissed. Corcoran had given birth in a toilet on 22 April 2018, placed the infant in a bin, and the child was later found dead. She was found guilty of manslaughter and child neglect in October 2021. Judge Eugene O'Kelly originally imposed a headline sentence of four years, reduced by nine months and suspended three years, leaving Corcoran jailed for three months (served five weeks). The Court of Appeal, led by Justice George Birmingham, upheld the original mitigation, noting Corcoran's psychological issues, cooperation with Gardaí, remorse, and lack of prior convictions. The appeal was dismissed, confirming the sentence remained unchanged. The case was described as "tragic" and "extraordinary" but the court found no basis for a harsher penalty. The unnamed woman pleaded not guilty.
The Central Criminal Court heard submissions in the case of an unnamed boy, now 17, who was 14 when he murdered Mongolian national Urantsetseg Tserendorj on January 20, 2021. The boy pleaded not guilty to the murder but guilty to manslaughter on January 29, 2021. The State did not accept his plea, and he twice stood trial for her murder. A reduced panel jury found him guilty of murder by a majority verdict of 10 to one after eight hours and 59 minutes of deliberations. He also pleaded guilty to producing a knife and attempting to rob Ms Tserendorj on a walkway between George's Dock and Custom House Quay in the IFSC, Dublin on January 20, 2021. Mr Justice Tony Hunt adjourned the sentence hearing until next month to allow him time to consider the options available to him. The judge raised concerns about the lack of statutory basis for sentence reviews in cases involving minors, noting that the Court of Appeal has ruled that suspended sentences cannot be imposed on minors. The matter was adjourned and never described as concluded or finalised.
In a Court of Appeal hearing on 19 January 2023, the defence of a 56‑year‑old man jailed for sexually assaulting an asylum seeker argued that new material discovered on the victim's phone could have altered the trial. The victim, who had sought asylum in November 2017 to avoid an arranged marriage, had previously claimed she had not researched immigration or marriage rules before arriving in Ireland. However, her phone records showed searches for immigration, residency, marriage and visa rules in 2016, the year before her arrival. The defence also highlighted searches for sexual topics such as oral sex, AIDS and contraceptives, and messages congratulating her on a ceremony held at a Dublin mosque on 1 December 2017, which the state said were merely potential and not substantive. The court was instructed to reserve judgment on the impact of this new evidence. The case remains at the appeal stage. The unnamed 56-year-old pleaded not guilty and was convicted.
In a 2023 Court of Appeal hearing, the court increased the sentence of Costel Pirvu, a 39‑year‑old non‑English‑speaking foreign national, for raping a 19‑year‑old woman with a mild intellectual disability three times after forcibly taking her to his apartment. The original six‑and‑a‑half‑year term was quashed and replaced with a ten‑year imprisonment, with the final year‑and‑a‑half suspended. The appeal judge criticised the trial judge for giving an excessive discount for Pirvu's language barrier, describing it as "extremely high" and "excessive". The judge noted Pirvu's prior convictions, including attempted rape, and a disturbing probation report that showed no remorse or empathy toward the victim. The new sentence was back‑dated to the date Pirvu entered custody in August 2018. The decision was made after a nine‑day trial at the Central Criminal Court where Pirvu pleaded not guilty to all counts. Costel Pirvu was found guilty.
Lorcan Merriman, aged 26, had his sentence increased by two years after the Court of Appeal reviewed his conviction for disposing of the firearm used in the cold‑blooded assassination of Thomas Farnan, a 37‑year‑old who was shot dead at his home in Clondalkin on 25 April 2016. Merriman had previously pleaded guilty to the lesser charge of disposing of a firearm and was sentenced to four years' imprisonment with the final 18 months suspended. The appeal court found that the original judge had erred by reducing the sentence from the appropriate six years with 18 months suspended to four years with 18 months suspended, and therefore quashed the original sentence and substituted a six‑year term with 18 months suspended. The decision was based on evidence that Merriman's dwelling had yielded a submachine gun, two magazines and 25 rounds of ammunition, and on his extensive record of prior convictions from 2014 to 2019.
Enoch Burke's injunction application was dismissed by the High Court, clearing the way for disciplinary proceedings at Wilson's Hospital School to proceed. Mr Justice Conor Dignam acknowledged that Burke raised a strong case that his challenge would succeed at trial but refused the injunction because Burke refused to comply with a prior order to stay away from the school. Burke, who denies wrongdoing and claims his suspension breaches his constitutional rights regarding religious objections to transgendarism, stated he would not comply with the September order, which he described as flawed. The judge clarified that Burke had not won the injunction and dismissed the matter. Burke was previously jailed for 108 days for contempt after breaching the stay-away order. The disciplinary hearing, stemming from allegations about Burke's behavior toward former principal Niamh McShane, is scheduled for Thursday. The court noted Burke may appeal to the Court of Appeal, and the full hearing of the dispute will take place shortly. Costs applications will be dealt with later. The school opposed the injunction, and the judge agreed Burke did not come to court with clean hands due to his non-compliance.
Brian Murphy, a qualified accountant and former Deloitte audit partner, appealed a High Court ruling that permitted his criminal prosecution for alleged tax offences. The Court of Appeal heard arguments regarding whether a 2015 settlement agreement with the Revenue Commissioners created a legitimate expectation that he would not be prosecuted. Mr Murphy, of Carrigaline, Co Cork, denies wrongdoing and argued that oral representations and the absence of a prosecution reservation clause in the signed document implied immunity. He contended that the High Court judge erred by applying contract law rather than the principle of legitimate expectation. Counsel for the Revenue and the Director of Public Prosecutions (DPP) argued that the DPP is an independent body not bound by Revenue agreements and that the omission of a non-prosecution clause was an error. They maintained that the threshold for legitimate expectation was not met. The High Court had previously found that the 2015 agreement, which involved monthly payments of €4,000 and annual lump sums, did not represent a promise against criminal proceedings. In the Court of Appeal, the panel of judges, including Mr Justice Patrick McCarthy, Mr Justice George Birmingham, and Ms Justice Isobel Kennedy, reserved their judgment. The matter was adjourned, and no final decision was reached during this hearing.
Costel Pirvu, 39, was convicted of three rapes and one false imprisonment after a nine‑day trial at the Central Criminal Court. He was sentenced to ten years, with the final three‑and‑a‑half years suspended and back‑dated to his arrest in August 2018. The Court of Appeal heard that the judge had applied a 50 % mitigation factor because Pirvu, a foreign national who does not speak English, would find prison life more difficult. The appeal argued this discount was extraordinary. Pirvu's defence said the judge acted within discretion and that Pirvu had medical concerns and limited access to English‑speaking support while in custody. The appeal was adjourned for judgment on 19 January 2023. The case involved a 19‑year‑old woman who was raped on a side‑street, taken to Pirvu's apartment, and raped twice more before being released the next morning. The victim suffered physical injuries and ongoing PTSD, depression and suicidal thoughts. Costel Pirvu pleaded not guilty.
The Court of Appeal dismissed the appeal of a 78‑year‑old man convicted of raping and sexually abusing a child over a decade while he was in a relationship with the child's mother. The man was sentenced to seven years' imprisonment in 2021 for 72 counts, including rape, oral rape, anal rape and sexual assault, committed between 1991 and 2001. He argued that Gardaí failed to interview potential witnesses such as a grandmother and an uncle, who are now deceased, and that the investigation was incomplete. The appeal judge, Mr Justice John Edwards, found no evidence that the failure to interview those witnesses prejudiced the case and upheld the conviction. The State is appealing the sentence as unduly lenient, but the appeal against the conviction was rejected.
A Central Criminal Court judge agreed to postpone sentencing for a 17‑year‑old Kildare teenager who was found guilty of orally raping his seven‑year‑old female cousin and of four counts of sexual assault between 1 October and 31 December 2018. The defendant, who was 13 at the time of the offences, is a minor and cannot be named. Ms Justice Karen O'Connor, after hearing the case, decided to adjourn the matter for two weeks to allow the defence to lodge an appeal application to the Court of Appeal. She noted the trial was unusual, with no closing speech by defence counsel and no cross‑examination, so the victim did not attend court. The judge expressed that a period of detention would be imposed, taking mitigating factors such as the defendant's age and cooperation into account, and that the sentences would run concurrently.
Jean Louis Fancony, a 39-year-old French national formerly of Limerick, appealed his conviction for assault causing serious harm to his flatmate, Tim Crowley. Fancony, who pleaded not guilty claiming self-defence, was convicted by a jury in November 2020 and sentenced to seven-and-a-half years' imprisonment in February 2021. Judge Tom O'Donnell described the injuries as "appalling" and "horrific." At the Court of Appeal, defence counsel James Dwyer SC argued that an alleged admission made to Garda Enda Clifford was inadmissible because it was not read back to or signed by Fancony. Dwyer contended this undermined the fairness of the trial, particularly regarding the spontaneity required for a self-defence argument. The State, represented by John O'Sullivan BL, submitted that the trial judge had delivered a reasoned ruling on admissibility and that the notebook's contents remained open to interpretation. The three-judge court, presided over by Mr Justice George Birmingham, reserved its judgement. Consequently, the matter was adjourned and remains pending a final decision.
The Special Criminal Court heard the final day of cross-examination of Jonathan Dowdall, a State's witness in the trial of Gerard Hutch, who is accused of the murder of David Byrne. Dowdall, who pleaded guilty to facilitating the murder by providing a room at the Regency Hotel, denied allegations that he is a manipulator or liar. The defence challenged his testimony regarding alleged meetings with Hutch, playing audio recordings and phone data that contradicted his timeline. The court refused to allow the defence to play a video of Dowdall waterboarding Alexander Hurley, noting that Dowdall had already pleaded guilty to that offence and was re-sentenced to seven years and 11 months imprisonment following a successful appeal. His father, Patrick Dowdall, who also pleaded guilty to the same offence, was re-sentenced to four years imprisonment after his appeal. The trial continues with Hutch, who denies the murder charge, and co-defendants Paul Murphy and Jason Bonney, who pleaded not guilty to charges of participating in the murder by providing access to vehicles. The matter remains ongoing, with no finalisation or adjournment recorded in this report.
The Court of Appeal has ruled that a mandatory driving ban is not required for those convicted of careless driving causing death where it constitutes a first offence. The court determined that mandatory disqualification applies only when a person has accumulated at least two previous driving convictions within three years prior to the offence in question. The decision followed a civil appeal brought by Colleen McCann, aged 27, of Drumacon, Castleblayney, County Monaghan, who was convicted of careless driving that resulted in the death of a teenager in July 2012 at Maghernakill, Castleblayney. McCann received a 12-month fully suspended sentence at Monaghan Circuit Court in October 2021. Mr Justice Patrick McCarthy said the case would be returned to the Circuit Court for finalisation regarding the matter of any discretionary driving disqualification order.
The High Court is set to rule on whether jailed teacher Enoch Burke should be granted temporary release for the Christmas period. Mr Justice Brian O'Moore indicated a decision would be issued either Wednesday or Thursday after hearing submissions from Mr Burke and his employer, Wilson's Hospital School in Co Westmeath. Mr Burke, who has been detained in Mountjoy Prison for three and a half months for failing to obey a court order to stay away from the school, refused the opportunity for release, arguing it would imply his incarceration was lawful. He alleged his imprisonment stems from religious objections to transgenderism following a request to refer to a male student as 'they'. He also criticized the court's timeline regarding his bid to stay the main hearing, which he wishes to appeal to the Court of Appeal. Mr Justice O'Moore rejected these criticisms, noting he has a full caseload and will deliver a full decision on the stay application in January. Counsel for the school, Rosemary Mallon BL, stated the school sought the committal as a coercive measure due to non-compliance with paid suspension terms. They expressed concern about potential disruption if Mr Burke were released before the school reopens on January 5, though they confirmed he remains in receipt of full pay from the Department of Education. The matter remains pending the judge's imminent ruling on the temporary release application.
The Court of Appeal has dismissed the appeal of a 71-year-old Polish national, who was convicted of two counts of rape contrary to common law and four counts of rape under Section 4 of the Criminal Law (Rape) (Amendment) Act 1990. The appellant, who had pleaded not guilty, argued that his trial at the Central Criminal Court was unfair because the complainant alleged during cross-examination that he had Russian mafia links and had murdered a man in Russia. Counsel for the appellant, Michael Bowman SC, contended these prejudicial remarks should have led to the jury's discharge. However, Ms Justice Isobel Kennedy, presiding, found that the trial judge, Ms Justice Tara Burns, did not err in refusing to discharge the jury. The judge noted that the defence failed to make a prompt application for discharge when the prejudicial evidence emerged, instead waiting until after the prosecution's case concluded. The Court of Appeal determined that the trial judge's direction to the jury to disregard the irrelevant material was clear and unambiguous. Consequently, the conviction stands. The appellant had previously been sentenced to imprisonment by Ms Justice Burns, who described the offences as treating the victim like a slave and sex object between September 2012 and January 2016. The Director of Public Prosecutions, represented by Patrick McGrath SC, supported the dismissal, arguing the defence was attempting to reconstruct the trial strategy. The matter was concluded with the appeal failing.
Patrick Dooley, 35, of Arbutus Grove, Killarney, Co Kerry, remains in custody after the Court of Appeal dismissed his appeal against the High Court's refusal of bail. Dooley is charged with murdering his brother, Thomas Dooley, on 5 October at Rath Cemetery, Rathass, Tralee, under Common Law. The High Court denied bail on 26 October, citing community risk and flight risk. Justice John Edwards agreed with the High Court's concerns and upheld the bail rejection, leaving Dooley in custody.
Ciprian Grozavu, 48, a Romanian national, was convicted of murdering John Forrester, 42, in 2011 at Bridge House, Bandon. The body was tied with cable and dumped in the River Bandon. A 10‑day trial at the Central Criminal Court ended with a unanimous jury verdict and a mandatory life sentence imposed by Mr Justice Paul Carney in March 2014. In December 2022, Mr Justice George Birmingham dismissed a motion by Lorcan Staines SC that the jury should have received a warning about circumstantial evidence. The judge held that the case was based on direct evidence, including admissions by Grozavu and witnesses, and that neither side had requested a warning. The dismissal meant the appeal was not pursued. Grozavu's co‑accused, Catherine O'Connor, also pleaded guilty to the murder of Forrester and was sentenced to life. Grozavu was later found guilty of a second murder, Jonathan Duke, and received an eight‑year sentence for impeding the apprehension of another. Catherine O'Connor was acquitted.
Jonathan Dowdall, a former Sinn Fein councillor, has appealed a four‑year jail sentence imposed by the Special Criminal Court for facilitating the Hutch gang in the murder of David Byrne. Dowdall admitted to providing a room at the Regency Hotel in February 2016, which was used for Byrne's killing. He was originally charged with Byrne's murder, but the State dropped that charge after he pleaded guilty to the facilitation offence. The sentence, delivered in October, was based on Dowdall's knowledge that he was aiding a serious criminal organisation and his receipt of instructions to secure the hotel room. Dowdall, now 44, is appealing on the grounds of severity, and the Court of Appeal has set a hearing for 20 February. He is also being assessed for the Witness Protection Programme and is giving evidence for the State against former associate Gerry 'The Monk' Hutch. The unnamed accused was convicted.
A man from County Cavan is appealing his conviction for a post office robbery in Dublin during which three women were tied up and abducted. Paschal Kelly, aged 56, was convicted in 2018 of robbery, false imprisonment, threatening to kill, and other offences relating to a €92,000 theft from Bayside Post Office in Sutton in September 2014. He was sentenced to 18 years. The Court of Appeal heard arguments on the strength of evidence against him. The State's counsel cited DNA evidence recovered from discarded clothing found at the scene and a bottle in the getaway vehicle, alongside CCTV footage and garda identifications of the driver. The defence challenged the quality of CCTV footage, arguing the jury should have been instructed not to make visual identifications themselves and questioned the reliability of mixed DNA profiles as evidence of guilt. The Court of Appeal reserved judgement.
A man serving a mandatory life sentence for the murder of his infant son has appealed his conviction at the Court of Appeal, challenging the admissibility of postmortem evidence presented during his trial. John Tighe of Lavallyroe, Ballyhaunis, Co Mayo was convicted in March 2018 of murdering his six-and-a-half-month-old son in June 2013. The defence argues the trial judge erred in admitting extracts from a postmortem report prepared by the former Deputy State Pathologist, who was unavailable to attend trial and be cross-examined. Instead, evidence was presented through an alternative pathologist via video link. The defence contends this breached fair trial principles by preventing meaningful challenge to the original findings. The State's counsel argued the subsequent expert was called based on independent medical recommendations and provided his own assessment of the evidence. The three-judge court reserved judgment. John Tighe pleaded not guilty.
The Court of Appeal upheld a 12‑year sentence for John Faulkner, a getaway driver in a burglary gang that targeted elderly homes during mass. Faulkner, aged 40, was convicted of burglary, dangerous driving and endangerment. The judge imposed 12 years for burglary, two years for endangerment and six months for dangerous driving, and disqualified him from driving for 20 years. The appeal argued the sentence was disproportionate compared to co‑accused sentences of nine years with two suspended, but the appellate court held the 12‑year term reflected the totality of offences. The case involved a robbery at a home in Freemont, Charleville, where Faulkner drove the getaway vehicle, pursued by Gardaí, before crashing into a Garda car. The appeal was dismissed. John Faulkner pleaded not guilty.
Paul Coen, 47, of Templemany, Buttevant, was sentenced in May 2021 to four years' imprisonment with the last year suspended for dangerous driving causing serious bodily harm after a head‑on collision at Quartertown Upper, Mallow, where a woman was seriously injured and air‑lifted to hospital. He also received six months' imprisonment for refusing to provide a urine or blood sample to Gardaí. The judge imposed a 10‑year driving ban, describing the crash as "like a bomb exploding." Coen's counsel argued the ban was unduly punitive, citing his mental health issues and rural employment needs. At the Court of Appeal, the ban was reduced by three years to seven, while the sentence remained unchanged. The appeal decision acknowledged the serious injuries sustained by the victim and the impact on her life, but also considered Coen's personal circumstances and the need for rehabilitation. Paul Coen pleaded guilty.
In December 2022, the Court of Appeal upheld that Kirsty Cummins, a 20‑year‑old mother, had been given an overly lenient fully‑suspended four‑year sentence for possession of drugs for sale or supply. Cummins, who had recently turned 18 at the time of the offence, was found with a Tesco bag containing about €70,000 of cocaine and €172,000 of heroin. She pleaded guilty and had no prior convictions. The Court noted her pregnancy, her child's health issues, her remorse, and a positive probation report. The judge re‑sentenced her to the same fully‑suspended four years but increased her probation supervision from 18 months to three years. The decision was made after the State argued the sentence was too lenient compared with a co‑accused who received three years' imprisonment. The court considered Cummins' age, lack of prior convictions, and her efforts to distance herself from negative peers as mitigating factors.
In the ongoing appeal proceedings concerning the murder of David Byrne, ex-Sinn Fein councillor Jonathan Dowdall, a State's witness who pleaded guilty to facilitating the killing, denied being a "master manipulator" during cross-examination. Defence counsel Brendan Grehan SC alleged Dowdall told "two big lies" regarding Gerard Hutch's alleged confession and the collection of hotel keys. Dowdall, who admitted to falsely imprisoning and threatening Alexander Hurley, stated he deeply regretted torturing Hurley. He clarified that his father, Patrick Dowdall, was sentenced to eight years for the same offences, later reduced to four years on appeal, while Jonathan was re-sentenced to seven years and 11 months. The court heard that Paul Murphy and Jason Bonney, who pleaded not guilty to charges of participating in or contributing to Byrne's murder by providing access to motor vehicles, remain defendants in the case. Dowdall denied involvement in moving AK-47s or bomb-making, describing such claims as lies or bravado. He asserted that the feud between the Hutch and Kinahan families stemmed from an alleged attempt by the Hutch brothers to steal money from Daniel Kinahan, not from the Kinahans initiating violence. The matter remains at the appeal stage, with no finalisation recorded.
The appeal of Tony Dean (70) of Woodhaven, Milltown, Dublin, who was found guilty of three charges relating to breaches of a waste management licence and environmental pollution at a site in Kerdiffstown, Naas, Co Kildare, between October 2003 and November 2008, is ongoing. Dean, who previously pleaded not guilty to the charges, was convicted by a jury at Dublin Circuit Criminal Court. The charges include two counts of disposing of or recovering waste at the facility in Kerdiffstown otherwise than in accordance with the waste licence, and a third charge of holding or recovering waste in a manner likely to cause environmental pollution. The prosecution case was that Dean was negligent rather than that he had connived or consented to commit the offences, which are contrary to the Waste Management Act, 1996. Dean has a previous conviction for recovery of waste without a licence relating to a site near Baltinglass, Co Wicklow, in 1998. The matter was adjourned by Judge Melanie Greally to January 30 next, pending further evidence regarding Dean's health and any scheduled heart surgery.
A serial arsonist whose fire claimed his uncle's life has had his prison sentence increased by the Court of Appeal. Daniel Murray, aged 40, of no fixed abode but residing in County Cavan, was originally sentenced to seven-and-a-half years at the Central Criminal Court in January 2022 after pleading guilty to the manslaughter of Patrick Oliver Murray at Derrylurgan, Ballyjamesduff, on 2 August 2018. The State successfully argued the sentence was unduly lenient. Mr Justice Patrick McCarthy determined that Murray's culpability was very significant and re-sentenced him to nine-and-a-half years in custody. The court noted Murray's previous arson convictions and the vulnerability of his intoxicated uncle, who was asleep when the fire began. While acknowledging Murray's guilty plea and demonstrated remorse in custody, the judge emphasised the retributive and condemning nature of the offence, which resulted in loss of life.
The Court of Appeal has dismissed an appeal by a 64-year-old Wicklow man, who was convicted of raping his former partner in 2015. The appellant sought to introduce new forensic evidence regarding digital artefacts on the complainant's phone, specifically activity involving Google Play and Kindle apps at 3.51am, which his legal team argued was incongruous with the alleged assault. Mr Justice Patrick McCarthy, delivering the judgment, rejected the motion, stating it was unclear whether these entries were user-generated or background functions. The court found that the threshold for admitting fresh evidence, which requires exceptional circumstances, was not met, as there was no reason to suppose such records could not have been obtained at trial. The three-judge panel concluded the proposed evidence would not have a decisive influence on the case outcome. The man, who denied the charge, was originally convicted by a jury at the Central Criminal Court. In February 2019, Ms Justice Carmel Stewart sentenced him to seven years' imprisonment, with the final 18 months suspended. The complainant, who read a victim impact statement at sentencing, stated she had forgiven the man for her own peace of mind. The appeal was dismissed, leaving the original conviction and sentence intact.
Stephen 'Rossi' Walsh, aged 75, had his 2010 conviction for indecent assault of a seven‑year‑old girl overturned by the Court of Appeal. Walsh had previously been sentenced to 10 years for raping a nine‑year‑old in the early 1990s, and in 2010 received a three‑year sentence for the 1988 assaults, followed by a 12‑year sentence in 2011 for further sexual offences. The appeal centred on pre‑trial media coverage, notably Sunday World and News of the World articles published the day before his trial, which portrayed Walsh as a convicted pervert and gang member. Walsh argued that this coverage prejudiced the jury and that the trial judge failed to give adequate warnings. The Court of Appeal quashed the conviction, noting the coverage was "highly egregious" and that the judge's instructions were insufficient. The court left it to the State to decide whether a retrial is required.
In the Court of Appeal, the State maintained that the evidence against Graham Dwyer remains "overwhelming" and that the mobile‑phone call data used at trial was not essential to securing his conviction for the 2012 murder of Elaine O'Hara. Dwyer, aged 50, is appealing his 2015 conviction. His counsel argues that the retention of the call data constitutes an "opportunistic form of mass surveillance" and that the prosecution's reliance on it was improper. The State countered that Dwyer was identified through multiple independent routes: call‑data, text‑message analysis, DNA evidence, and documentary corroboration. The State highlighted that the texts sent from the phone attributed to Dwyer contained details that matched witnesses' statements and documents, including a child's birth‑certificate and a car‑repair bill. The appeal court has heard both sides and reserved judgment. The case remains at the appeal stage, with no new outcome announced.