In a Court of Appeal hearing on 2 December 2022, Graham Dwyer, aged 50, was repeatedly interrupted by his legal team while he denied text messages that the prosecution claimed linked him to the murder of Elaine O'Hara in 2012. Dwyer's lawyers argued that the retention of mobile phone data used in the case was an "opportunistic form of mass surveillance" and that the evidence was not essential to securing the guilty verdict. The prosecution, represented by Sean Guerin SC, maintained that the texts, along with DNA and other documentary evidence, proved Dwyer's intent and identity. Dwyer's appeal focused on the admissibility of the phone data, citing European Court of Justice rulings that such retention breaches fundamental rights. The case remains before the Central Criminal Court.
The Supreme Court has agreed to hear a leapfrog appeal in a test case brought by Bridget Delaney against the State and the Personal Injuries Assessment Board (PIAB). The panel, comprising Justices Charleton, Hogan, and Murray, determined that the matter raises issues of general importance regarding the separation of powers and judicial independence, warranting direct review from the High Court. The appeal challenges the High Court's June dismissal of Delaney's claims that the 2021 personal injuries guidelines are unconstitutional. Delaney alleges the guidelines, adopted by the Judicial Council, encroach on judicial independence and that PIAB breached her rights by assessing her claim under these new rules. She seeks orders quashing the PIAB assessment and the Council's decision, along with declarations that both bodies acted outside their powers. In the lower court, Mr Justice Meenan rejected all grounds, finding PIAB acted in accordance with the 2003 PIAB Act and that Delaney's constitutional rights did not guarantee a specific damages sum. The Supreme Court will now case manage the appeal before fixing a hearing date. The matter remains at the appeal stage and has not been concluded.
Deirdre Brady, aged 55 and wife of Kinahan Cartel member Declan Brady, was given a three‑year wholly suspended sentence in July 2023 for laundering almost €800,000 of crime cash. The Court of Appeal quashed that sentence on 1 December 2022, finding it too lenient, and ordered her to serve one year in jail from January 2023. Brady had pleaded guilty to two offences under Section 7 of the Criminal Justice Act. The laundering involved €770,499 transferred through four bank accounts, a Spanish holiday property mortgage, a wedding at Druid's Glen, and other gang members. The appeal was brought by the Director of Public Prosecutions, who argued the gravity of the case warranted custodial terms. The Court of Appeal noted Brady's active role in managing the Spanish property and her benefit from the illicit proceeds.
In a Court of Appeal hearing on 1 December 2022, lawyers for Graham Dwyer argued that the retention of mobile‑phone data used in his 2015 murder trial was an "opportunistic form of mass surveillance" that breached his rights under the European Charter of Fundamental Rights. Remy Farrell SC contended that the 2011 Communications (Retention of Data) Act, which required mobile‑phone companies to keep data for two years, amounted to indiscriminate surveillance of all phone users, not just suspected criminals, and that the data from Dwyer's work phone had been used to build a detailed picture of his life. Michael Bowman SC added that the trial judge's non‑verbal behaviour and the introduction of nine videos of Dwyer with various women may have unduly influenced the jury. Dwyer, 50, was convicted of murdering 36‑year‑old Elaine O'Hara in 2012 and was sentenced in 2015.
Mícheál Ó Leidhin, 38, a former RTÉ journalist, lost his appeal against a conviction for sexually assaulting a woman who was asleep at his former home. The Court of Appeal, led by Ms Justice Aileen Donnelly, ruled that consent cannot be implied when a person is asleep and rejected the appellant's argument that prior consensual activity could establish implied consent. Justice Donnelly described the appeal grounds as speculative and dismissed both the conviction and sentence appeals. She noted that the trial judge had considered Ó Leidhin's lack of prior convictions, good character, loss of employment, and cooperation with Gardaí, and that the final three months of the 18‑month sentence were suspended. The decision reaffirmed the conviction and the imposed custodial term.
A trial date has been set for senior barrister Diarmuid Phelan, 53, who is accused of murdering Keith Conlon in a shooting at Hazelgrove Farm, Kiltalown Lane, Tallaght, on 22 February 2022. The case will be heard at the Central Criminal Court on 29 May 2024. Conlon, a father of four from Kiltalown Park, was seriously injured in the incident and died two days later at Tallaght University Hospital. The trial is expected to last three weeks. Mr Phelan's bail application was initially rejected by the High Court in March, but the Court of Appeal overturned that decision and granted him bail on the condition of a €50,000 bond with an independent surety of €50,000, plus additional conditions such as a curfew, daily sign‑on, and an order to stay out of Tallaght and his Wexford properties. French and German interpreters will be required by the prosecution.
The Court of Appeal has reduced the prison sentence of Christopher Ashmore, a 76-year-old man convicted of sexually assaulting his partner's daughter in the late 1990s. Ashmore, of Co Roscommon, had pleaded not guilty to five counts of sexual assault, including two charges of oral rape, committed in Dublin between January 1998 and December 1999. A Central Criminal Court jury found him guilty on four counts in June 2021. Originally, Ms Justice Carmel Stewart sentenced him to ten years' imprisonment for the two oral rape charges, with the final 12 months suspended, and three years for the two sexual assault charges, to run concurrently. In this appeal, Mr Justice John Edwards dismissed the challenge to the conviction but quashed the original sentence for the rape convictions, citing Ashmore's age and the prospect he might die in prison. In re-sentencing, Mr Justice Edwards fixed a headline sentence of 12 years but discounted three years in mitigation and suspended the final two years. Consequently, Ashmore is to serve nine years' imprisonment with the final two years suspended. The victim, who waived anonymity, described Ashmore as a "sick sexual abuser" who left her a "broken child." The court noted the offending was heinous and persistent, but adjusted the effective custody period based on mitigating factors.
An Irish man, John O'Connor, 40, from Carrick-on-Suir, Co Tipperary, was jailed in Sweden for a €4.7 million income‑tax fraud. He and three brothers—Edward (27), Mark (30) and James (28)—were convicted of tax and VAT fraud, money laundering and three counts of gross accounting offences in Stockholm in March last year. Each brother received a sentence of three years and eight months, upheld by the Swedish Court of Appeal in July 2021. O'Connor absconded to Ireland in July 2022 while on temporary release, having served 647 days of his sentence. He was arrested under a Schengen Information Service notice on 3 September 2022. The High Court heard that he had failed to pay over €64 000 in VAT invoices and that the fraud involved disguising substantial money in company accounts and sending incorrect invoices to customers.
A 50‑year‑old convicted sex offender, whose identity is withheld to protect his victim, had his sentence increased at the Court of Appeal after the State appealed his original 5½‑year term. The man broke into his ex‑partner's home in the middle of the night, armed with a hook‑like gardening implement, and sexually assaulted her after striking her with the tool. He also assaulted her in the living room during a struggle. The original judge had sentenced him to 5½ years for aggravated burglary (final year suspended) and 5 years for sexual assault (final six months suspended), plus additional terms for assault causing harm, criminal damage and making threats to kill. The appeal argued the sentence was unduly lenient. The Court of Appeal quashed the original sentence, set a headline sentence of nine years, suspended two and a half years, and ordered probation and a safety order after the 5½‑year custodial term. The unnamed accused pleaded not guilty.
In a case heard at the Central Criminal Court, a 39‑year‑old man was convicted of raping and sexually assaulting his younger sister when he was 12 to 14 years old, between November 1995 and January 1998. He was sentenced to four years' imprisonment and placed on the sex‑offender register. The man appealed the rape conviction, arguing that the trial judge erred by including details of other withdrawn counts in the jury's charge. He also contested whether there was sufficient evidence to rebut the presumption of incapacity to commit a crime (doli incapax). The Court of Appeal, led by Ms Justice Isobel Kennedy, considered three strands of evidence: the victim's distress, the private setting of the alleged assault, and the defendant's reaction to his older sister's arrival. The court found the evidence sufficient to allow the jury to infer that the defendant knew his conduct was gravely wrong, and it dismissed the appeal, affirming the conviction.
Brian Shaughnessy, aged 56, was convicted in March 2013 of raping a 17‑year‑old employee at his Loughrea Hotel and Spa. He received a six‑year sentence with one year suspended, imposed by Mr Justice Garrett Sheehan on 10 June 2013. Shaughnessy appealed, claiming his defence counsel was incompetent and that a missing 1 hour 15 minutes in the timeline undermined the victim's account. The Court of Appeal rejected the appeal in April 2020. He then applied to the Supreme Court, which remitted the case back to the Court of Appeal in March 2023. The Court of Appeal today reserved judgment, noting that the evidence presented did not establish incompetence of his legal team. Shaughnessy must now await the final decision on his appeal.
An unnamed man, who pleaded guilty to one count of oral rape of his younger sister and one count of sexual assault of his younger brother on unknown dates between 1994 and 1997, was handed a suspended prison sentence at the Central Criminal Court. The matter reached this stage after the Director of Public Prosecutions' initial decision against prosecution was overturned on appeal. Ms Justice Karen O'Connor suspended a three-and-a-half-year sentence in full, citing the "wholly exceptional" circumstances, including the accused's remorse and the victims' request not to imprison him. She noted the accused was 13 at the time of the offending and sentenced him as a child. The headline sentence for the rape count was reduced from seven years to three-and-a-half years, while a two-year sentence for the sexual assault count was imposed to run concurrently. The judge highlighted the accused's lack of previous convictions and his self-employment as mitigating factors. Although the victims described the incidents as a breach of trust, they stated in impact statements that they did not want a custodial sentence. The accused read a letter apologising to his siblings, acknowledging his failure as an older brother. The court concluded the sentencing phase with the full suspension of the effective custody term.
A burglar was caught after he rang a phone he had left at a Dublin suburb burglary scene. Garda Stephen White answered the phone, which was covered in glass, and arranged a meeting with the owner, David Lynch, who was 50. White met Lynch in plain clothes at the Molly Malone statue, and Lynch was found to be carrying a knife. Lynch was arrested and later convicted of possession of a knife, burglary, criminal damage and obstruction of a peace officer. He was sentenced to three years and three months in prison. The appellant appealed, arguing that White had failed to identify himself as a Garda and had not cautioned him. The Court of Appeal dismissed the appeal, finding no error in the trial judge's ruling and that White was entitled to ask questions and arrest Lynch when he identified the phone as his own.
An appeal is ongoing in the Special Criminal Court regarding the case of Jonathan Dowdall, who was previously sentenced to 12 years imprisonment and Patrick Dowdall eight years imprisonment for physically and mentally torturing a man they suspected of trying to defraud them. The sentences were later appealed and reduced, with Jonathan Dowdall receiving 10 years imprisonment, 25 months of which were suspended, and Patrick Dowdall receiving seven years, three of which were suspended. Paul Murphy and Jason Bonney are co-accused in the case, but they have not been charged and have pleaded not guilty. Gerard Hutch, who is also a co-accused, denies the murder of Kinahan Cartel member David Byrne. The court heard that a search warrant was obtained for Jonathan Dowdall's home based on the belief that firearms and explosives were being stored there on behalf of the IRA. The matter was adjourned and is not yet concluded.
A member of a cross-border organised crime gang has failed in his appeal against a custodial sentence imposed for attempted ATM theft. Gerard Duffy, 32, of County Monaghan, was convicted at the Special Criminal Court in 2021 following a guilty plea to attempting to steal an ATM from the Riverfront Bar Restaurant in Virginia, County Cavan, in August 2019. He received eight years and nine months' imprisonment with the final year suspended. His legal team argued the headline sentence of eleven years was excessive and that a greater reduction for his guilty plea was warranted, given he had no serious prior convictions. The Court of Appeal dismissed the challenge, with Mr Justice George Birmingham finding the original sentence appropriate and the trial court had correctly assessed the offending as being in the lower range of the highest tier of criminality. The gang stole an estimated €790,000 from multiple ATM locations across Cavan, Meath and Monaghan between 2018 and 2019 using stolen plant machinery and vehicles.
The Court of Appeal has dismissed Kieran Greene's appeal against his murder conviction for killing Patricia O'Connor at her home in Mountainview Park, Rathfarnham, Dublin 14, on May 29, 2017. Greene, who pleaded not guilty, had argued that the trial judge erred by refusing to leave a defence of provocation to the jury, claiming he suffered a "slow burn" similar to domestic abuse victims. Mr Justice Patrick McCarthy rejected this, stating there was no evidential basis for such a defence. The court also upheld the refusal to sever Greene's trial from his co-accused and dismissed arguments regarding the admissibility of hearsay evidence concerning the deceased's husband, Augustine O'Connor. Augustine O'Connor, who pleaded guilty to reporting his wife missing to gardai at Rathfarnham Garda Station on June 1, 2017, knowing she was dead, was sentenced to 18 months in prison and has since died. In related proceedings, Louise O'Connor was found guilty of acquiescing in her daughter Stephanie O'Connor disguising herself as the deceased to conceal her death; Louise was jailed for two-and-a-half years. Stephanie O'Connor, found guilty of disguising herself as Patricia O'Connor, was jailed for one-and-a-half years. The appeal court confirmed the trial judge was correct in limiting jury options to murder, manslaughter, or acquittal, rejecting the defence's request for an accessory-to-murder verdict.
In November 2022, Declan Hannon, aged 52, appealed his 2019 convictions for raping a nine‑year‑old girl on four occasions and for two indecent assaults in Enniskerry, Co. Wicklow. He argued that the decades‑long delay in prosecuting the case had made his trial unfair. Hannon had been found guilty on all six counts and sentenced to seven years' imprisonment by Mr Justice Michael White. The victim, now in her 40s, had given evidence six times before the conviction. The appeal focused on whether the delay prejudiced Hannon, citing the death of his father in 2006, his mother's medical condition, lost work records, and the loss of evidence over the 11‑year gap between the initial complaint and her formal statement in 2013. The Court of Appeal considered these points but had not yet delivered a decision. The case remains at the appeal stage.
A 50‑year‑old man was convicted of sexually assaulting a six‑year‑old girl who was a friend of his daughter. He was sentenced to four years' imprisonment by Judge Elma Sheahan, who described the offence as a significant breach of trust. The man appealed, arguing that the girl, who was 11 at the time of trial, had no memory of the abuse. He claimed that during cross‑examination the girl said she had only flashbacks and could not recall the incident. The Court of Appeal noted that the girl's interview with Gardaí was used to refresh her memory and that she could recall details of the day, such as the man being drunk and an iPad on the sofa. The State's counsel said there was no unfairness in the trial and that the evidence was reliable enough for a jury. The court reserved judgment on the appeal. The unnamed man pleaded not guilty.
Darren Thompson, aged 29, had his 2017 gang‑rape conviction quashed by the Court of Appeal after his lawyers discovered that the complainant had made allegations against other men that were either unfounded or not followed up. The conviction had been based on the claim that Thompson and two others raped a woman who had been celebrating her 21st birthday in a nightclub. Thompson was sentenced to six years' imprisonment, with the final two years suspended, and had already served his term by the time the appeal was heard. In November 2022 Thompson applied for a certificate declaring a miscarriage of justice, arguing that key information—specifically Tusla documents showing the complainant's other complaints—had not been disclosed to the defence. The Court of Appeal, hearing the application, noted that the omission prevented the defence from cross‑examining the complainant on those matters. The judge reserved judgment on the application. Darren Thompson pleaded not guilty.
A High Court judge has firmly rejected criticisms levelled by imprisoned teacher Enoch Burke against members of the judiciary, describing such allegations as "scurrilous" and "utterly without merit". Mr Justice Brian O'Moore addressed remarks made by Mr Burke, a Co Mayo educator currently detained in Mountjoy Prison, who has compared the Irish judicial system to those of totalitarian regimes including the former USSR, China, and North Korea. The judge characterised Mr Burke's descriptions of judges as presiding over a "cover-up" or "stitch-up" as inappropriate. Mr Justice O'Moore also invoked Christian teaching, reminding Mr Burke of the Golden Rule from scripture. Mr Burke appeared before the High Court seeking to delay the substantive hearing of proceedings brought by Wilson's Hospital School in Co Westmeath pending determination of his appeal against an injunction. He contends his imprisonment breaches constitutional rights to religious freedom, claiming the case concerns his objection to transgendarism. The school disputes this, asserting the dispute centres on his refusal to comply with suspension terms. Mr Burke's Court of Appeal hearing is scheduled for mid-February.
Sean Lane, aged 29, was convicted and jailed for nine years for a brutal baseball bat assault on Eamon Sheehy at St Stephen's Park, Castleisland, on 14 January 2018. The court found the attack went far beyond self‑defence, and Lane also received a concurrent three‑year sentence for producing the bat during a dispute. A second defendant, Jason Keane Broderick, aged 21, was sentenced to three years with one year suspended for possessing the bat. Lane appealed, arguing that his case should have been tried separately from Broderick's and that Broderick's statements about Lane's temper and prior offences had prejudiced the jury. The Court of Appeal dismissed the appeal, ruling that the trial judge's decision to try the cases together was lawful and that the evidence presented was not gratuitously prejudicial. The appeal was rejected on 7 November 2022. The article reports the court's findings and the appeal decision, without mentioning any subsequent developments.
A 38‑year‑old man was sentenced to eight‑and‑a‑half years' imprisonment in February for seven counts of raping his younger brother between January 1998 and December 2002, mainly at the family home in Co. Limerick. The younger brother, who was 10 at the time of the first offence, testified that he had once admired his older sibling but that the abuse left him deeply scarred. In the sentencing hearing Judge Karen O'Connor described the defendant as "a big brother who should have protected his younger brother". The conviction was reached by a unanimous verdict in the Central Criminal Court in Dublin in December 2021. The defendant has now appealed, arguing that a line of questioning about the older brother's "outing" of the victim to their parents was unfairly excluded, potentially affecting the jury's assessment of the victim's credibility. The Court of Appeal has reserved judgment on the appeal.
A man convicted of perverting the course of justice in connection with a 2013 dissident Republican murder has appealed his conviction at the Court of Appeal. Raymond Kennedy was sentenced to eighteen months imprisonment in May 2022 after the Special Criminal Court found him guilty of destroying a mobile phone SIM card on the day Peter Butterly was shot dead at Gormanston, County Meath. Kennedy's legal team argued he was unlawfully detained when gardaí instructed him to remain at the scene and that he should have been cautioned before making admissions about the device. The Director of Public Prosecutions' counsel contended Kennedy approached gardaí voluntarily and was afforded procedural fairness, including the option of a formal interview at a station. Justice John Edwards reserved judgment on the appeal. Four men have previously received life sentences for Mr Butterly's murder. Raymond Kennedy pleaded not guilty.
The Special Criminal Court has refused bail to James Flynn, who is accused of the 2013 Lordship Credit Union robbery in which Detective Garda Adrian Donohoe was murdered. Ms Justice Tara Burns, delivering the ruling of a three-judge court, determined that Flynn is a significant flight risk, noting he left the jurisdiction shortly after the alleged crime and has resided in the US, UK, and Northern Ireland since. The court cited "very concerning evidence" regarding an incident where gardai travelled to Boston for an interview with Flynn, only to be met by his father, who allegedly stated, "the boys are gone, you will never get them." The judge emphasized that while the case against Flynn is circumstantial, the prosecution's evidence is strong enough to suggest a potential for conviction. Flynn, who holds US and UK passports, was extradited from the UK after his appeal against extradition was dismissed. He faces charges of robbery and conspiracy to steal vehicle keys. Aaron Brady, who was convicted of murdering Det Gda Donohoe by an 11-to-1 jury verdict in August 2020, was sentenced to life imprisonment with a minimum term of 40 years, plus a concurrent 14-year sentence for the robbery. Flynn's trial is scheduled for January next year, alongside co-accused Brendan Treanor, who was also refused bail in 2022.
In November 2019, a 30‑year‑old man was found guilty of raping a sleeping woman at a house party in Co. Kildare. The trial, lasting a week, involved a jury of five women and seven men. The accused claimed the victim had consented, but the court heard that she was fully dressed, had gone to bed, and woke to find the man raping her. She fled to her sister's room and reported the assault. The judge, Mr Justice Michael White, sentenced him to five years' imprisonment in July 2020. In November 2022, the man appealed to the Court of Appeal, arguing that a Garda witness's oral evidence was materially inconsistent. Mr Justice Patrick McCarthy dismissed the appeal, stating the evidence had been properly considered and no prejudice to the jury was found. The conviction and sentence remain in force. The unnamed man pleaded not guilty.
The Supreme Court has dismissed an appeal brought by local residents against a lower court's finding that certain parts of a Co Waterford-based wind farm did not amount to unauthorised development. The decision concerns an 11-turbine wind farm at Ballyduff operated by Barranafaddock Sustainable Electricity Limited, allowing the facility to continue operating. The residents, acting as applicants, claimed under Section 160 of the 2000 Planning and Development Act that the wind farm was unauthorised development, specifically alleging that the developer deviated from planning permission by increasing rotor blade diameter from 90 to 103 meters. While An Bord Pleanala ruled the change was not exempted development, the High Court initially restrained the turbines' use. That decision was overturned by the Court of Appeal, which found in the operator's favour. The Supreme Court, comprising five judges, upheld the Court of Appeal's findings. Mr Justice Woulfe stated that the increase in rotor blade diameter had been agreed in writing with the planning authority. The court also determined that the applicants were not entitled to challenge the board's act on EU law grounds and that the board's finding did not extend to a determination of unauthorised development. The Supreme Court had agreed to hear the appeal due to issues of general public importance regarding the 2000 Act and Environmental Impact Assessment requirements.
Keith Malone, 40, of Barnashrone, Mountmellick, was charged with assault causing harm and production of an article after stabbing his partner four times on 6 January 2019, causing a damaged liver, collapsed lung, broken rib and elbow gash. He pleaded guilty and was sentenced at Naas Circuit Court on 19 January 2022 to three years' imprisonment with the last three months suspended for 12 months. The State argued the sentence was unduly lenient; the Court of Appeal quashed the 33‑month term and re‑sentenced Malone to four years, with the final three months suspended. The appeal judge noted aggravating factors including breach of trust, weapon use and high intoxication, and that the victim should not have to fear her own home. The new sentence reflects the offence's highest gravity and the judge's assessment of mitigation.
Seamus Marley, an alleged IRA member, has failed in a second bid to obtain an extension of time to lodge an appeal against his convictions. At the Court of Appeal, Marley's legal team argued that a newly discovered fact—specifically an alleged undisclosed agreement between the prosecution and defence regarding the trial's conduct—demonstrated a miscarriage of justice. However, Court President Mr Justice George Birmingham dismissed the application, stating there was no evidential basis for these submissions and that Marley provided no affidavit or hard evidence to support the claim of a secret deal. Marley, who pleaded not guilty, was sentenced in May 2019 by the Central Criminal Court to seven years' imprisonment for the sexual assault and anal rape of two teenage boys in County Louth in the early 1990s. The jury had returned unanimous guilty verdicts on six counts of sexual assault and two counts of rape. The court noted that Marley had previously been refused an extension in July 2020, as the judges found no modest degree of optimism that his appeal grounds would succeed. The judge emphasized that the court's time was being wasted without evidence, particularly regarding Marley's contention that his extradition from Spain was based on different charges. The application was dismissed, leaving Marley's original sentence intact.
Muiris Flynn, an electrician convicted of dangerous driving causing serious bodily harm to Ms Áine O'Connor and Catherine Carey, drink-driving, and driving without insurance in Doon, Co Roscommon, on 24 September 2017, has won an unfair dismissal claim against Irish Rail. Flynn pleaded guilty to these charges and was sentenced in October 2019 to four years in prison, with the final 30 months suspended. Although the Court of Appeal later deemed the original sentence unduly lenient, it did not increase the active custody portion, instead imposing a €20,000 fine. Irish Rail terminated Flynn's employment in March 2020, arguing his contract was frustrated by his imprisonment. However, the Workplace Relations Commission rejected this argument. Adjudicating officer Brian Dolan found that Irish Rail failed to consult Flynn and that his absence did not necessitate termination. The tribunal awarded Flynn €4,000 in compensation, noting that while his conduct contributed to the dismissal, the employer had not proven the contract ended by frustration. This decision upholds Flynn's complaint under the Unfair Dismissals Act 1977, confirming that his dismissal was unlawful despite his criminal conviction and imprisonment.
In a High Court appeal-stage matter, Davy Fitzgerald, represented by Ronnie Hudson BL and solicitor Max Mooney, contested proceedings brought by Pepper Finance and receiver James Anderson against him and his sister Helen Fitzgerald. The plaintiffs sought possession of a property in Sixmilebridge, Co Clare, where Helen resides. Fitzgerald claimed he was a victim of fraud by former ACC Bank official Kevin Jarlath Mitchell, who was jailed in April 2013 after pleading guilty to theft, obtaining cash and a cheque under false pretences, and falsifying a DIRT compliance certificate between January 1993 and February 2012. Mitchell's four-year sentence was later halved on appeal. Fitzgerald alleged Mitchell falsely added his name to Portuguese mortgage documents and that €45,000 in deposits is unaccounted for. He argued that Pepper Finance, described as a vulture fund, was preventing him from redeeming a €200,000 mortgage by demanding an unjustified €25,000 interest surcharge. Deputy Master John Glennon initially struck out the case due to the plaintiffs' non-appearance. However, after the plaintiffs requested reinstatement, citing a brief delay, and Fitzgerald's counsel opposed, Glennon stated he lacked the power to reverse the decision without party consent. He noted the matter would likely be reinstated on appeal or re-issued, effectively leaving the case unresolved and subject to further procedural steps.
Jailed teacher Enoch Burke has asked the High Court to stay the full hearing of the action brought by his employer, the Church of Ireland's Diocesan School for Meath and Kildare, until his appeal against the injunction that bars him from teaching at Wilson's Hospital is decided. The injunction, obtained after Burke was suspended on full pay in late August, was issued because he refused to stay away from the school, a refusal he says is rooted in his objection to "transgendarism". Burke, who is currently in Mountjoy Prison, has appealed to the Court of Appeal, with the appeal set for February next year. Mr Justice Brian O'Moore refused an application for Burke to attend court to seek a stay, adjourned the matter to November 7, and said the school had sufficient notice of the application.
A 31‑year‑old man was convicted of recklessly infecting two women with HIV, the first case of its kind in Ireland. He knew he was HIV positive, had been warned not to have unprotected sex and to take his medication, yet he had multiple unprotected encounters with each woman between November 2009 and June 2010. Evidence showed he had not been taking his medication, as his viral load was positive in 2010. The trial found he caused serious harm to the women under Section 4 of the Non‑Fatal Offences Against the Person Act. He pleaded not guilty, but the jury rejected the plea and he was sentenced to ten years' imprisonment. The Court of Appeal upheld the sentence, ruling the level of recklessness was high and the sentence proportionate. The appeal was dismissed, and the conviction remains unchanged. The man's identity is withheld to protect the victims.
Michael O'Donoghue, aged 43, received a ten‑year prison sentence with the final six months suspended for five years after the Court of Appeal quashed his original five‑year term. The appeal was prompted by the Director of Public Prosecutions, who argued the sentence was too lenient for the gravity of the offences. O'Donoghue pleaded guilty to 31 counts of sexual assault, one count of rape and one count of producing child pornography against his daughter, Aimee Foley, aged 12 to 17 during the period 2012‑2018. The Court of Appeal found his conduct egregious, noting he gave her alcohol and drugs, showed her pornography, filmed the abuse and threatened her. The judge set a headline sentence of twelve years for the rape, reduced to seven with two years suspended, and imposed concurrent sentences of three and four years for the other assault counts. The final sentence was back‑dated to 14 April 2021.
The High Court ruled that over 1,100 documents seized from the FAI by the ODCE are not protected by legal professional privilege and may be used in the ODCE's criminal investigation of the association. Mr John Delaney, former FAI CEO, had argued that the documents were privileged, but the judge, Ms Justice Leonie Reynolds, found he had failed to meet the burden of proof and had not provided sufficient evidence to support his claim. She directed that all outstanding documents be disclosed to the ODCE, noting that publication or disclosure of material obtained under the ODCE's search warrant to anyone other than a competent authority is a criminal offence. The decision was made mindful of the Act's provisions, and it is not yet known whether Mr Delaney will appeal. The ruling allows the ODCE to use the material in its ongoing probe, which seeks to determine whether a formal criminal prosecution is warranted.
A burglar, David Lynch, 50, was arrested after a garda rang a phone he had left at a burglary scene. The garda, Stephen White, answered the phone in plain clothes and arranged a meeting with Lynch, who claimed to have lost the phone. Lynch was identified as the owner and later convicted of possession of a knife, burglary, criminal damage and obstruction of a peace officer, receiving a sentence of three years and three months. Lynch has appealed, arguing that White failed to give a proper caution when meeting him. The appeal court heard that White believed Lynch was the culprit and that he should have identified himself and cautioned Lynch. The judge noted that while suspicion is not a reason to caution, a suspect should be identified and cautioned. The judgment was reserved for a later date.
In a case heard by the Court of Appeal, the State argued that the 33‑month jail sentence imposed on Keith Malone, 40, for repeatedly stabbing his partner was too lenient and should be set aside. Malone had stabbed his partner four times on 6 January 2019, causing a damaged liver, collapsed lung, broken rib and a gash to her elbow, which required three weeks in hospital. He was originally sentenced at Naas Circuit Court on 19 January 2022 to three years' imprisonment, with the last three months suspended for 12 months. The State contended that the headline sentence of five years was justified but the final sentence was unduly lenient, citing the gravity of the offence and the lack of mitigating factors. The Court of Appeal reserved judgment for a later date.
A 40‑year‑old man was convicted of 48 counts of rape and sexual assault of his younger sister between 1999 and 2005. The offences included penetration with a screwdriver and a vibrator. He was sentenced to 11 years in prison, reduced from an initial 14‑year headline. The man appealed, arguing the judge had misapplied sentencing principles, misjudged the gravity of the offences and failed to suspend part of the sentence. The Court of Appeal dismissed the appeal, noting that the majority of the offences were committed after the appellant reached majority and that the judge's assessment of gravity was correct. The court also found no evidence of remorse or acceptance of responsibility, and therefore no basis for reducing the sentence or suspending any portion. The appeal was dismissed, upholding the 11‑year term.
A 41-year-old man, Maciej Masznic, has failed in his appeal to have his conviction and seven-and-a-half year sentence for drugs offences overturned. Masznic had pleaded not guilty to five charges contrary to the Misuse of Drugs Act 1977. A jury found him guilty of being in possession of cannabis and methylamphetamine for unlawful sale or supply at his home address on February 18, 2015, with the drugs valued at over €13,000. He was later jailed by Judge Thomas E O'Donnell in July 2019 following a five-day trial. Masznic appealed, arguing that the judge did not instruct the jury on the concept of possession. However, the three-judge court, comprising Mr Justice John Edwards, court President George Birmingham, and Mr Justice Patrick McCarthy, dismissed the appeal. The court acknowledged the trial judge's failure to provide specific instructions on possession but noted that no complaint was made during the trial about the adequacy of the charge. The court stated that the trial was not unsafe or unsatisfactory and that the jury had received a clear explanation of possession from prosecuting counsel, which was endorsed by defence counsel in his closing speech. The appeal was dismissed, and the conviction remains in place.
Patrick O'Sullivan, aged 76, pleaded guilty to a vicious, unprovoked stabbing of 57‑year‑old Cormac Daly outside a Cork pub on 20 July 2020. The original ten‑year sentence imposed by Judge Seán Ó Donnabháin at Cork Circuit Court in September 2021 was based on a headline of 12 years. O'Sullivan appealed, arguing the judge failed to consider his age and mitigating factors. The Court of Appeal, hearing the case on 18 October 2022, reduced the sentence by two years, from ten to eight. The three‑judge panel, led by Mr Justice Patrick McCarthy, found the original judge had erred in not giving sufficient weight to O'Sullivan's age. The reduction was deemed within the permissible 15‑30% range, and the court noted the guilty plea and the fact that the case was resolved in under a year.
John O'Leary, 52, of Churchfield Garden, Cork, was convicted in December 2020 of possession of heroin for sale or supply at his former address on Knapp's Square, Redmond Street. Gardaí found about €22,000 worth of heroin, a €1,665 sum and electronic scales at his home while he was lying in bed. He received a nine‑year sentence in June 2021, with the final two years suspended and a three‑year probation order. In October 2022 the Court of Appeal heard that O'Leary is seriously ill with cancer and that he had never before appeared in the Circuit Court, though he had a prior sale or supply conviction at district level. The appeal argued the headline sentence of 12 years was too harsh. The Court of Appeal quashed the original sentence and re‑sentenced him to seven years' imprisonment, suspending the final year for two years, citing his serious illness and personal circumstances. John O'Leary pleaded guilty.
Mervyn Tanner, a 47‑year‑old former financial advisor from Mallow, was found guilty of defrauding five people of €209,900 between November 2010 and March 2016. He pleaded guilty to seven charges of using a false instrument under Section 26 of the Criminal Justice (Theft and Fraud Offences) Act and theft under Section 4 of the same act. The Court of Appeal, hearing the appeal before Mr Justice John Edwards, Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, dismissed Tanner's appeal. Mr Justice Edwards noted that the breach of trust was aggravated by the vulnerability of some victims, including a woman who had recently lost her brother, and by Tanner's continued fraudulent activity after his licence was revoked in 2014. The appeal was dismissed, confirming the five‑year sentence imposed by the Cork Circuit Court.
The Court of Appeal has dismissed the second appeal by an unnamed 59-year-old Tipperary man against his 11-year prison sentence. The appellant was convicted by a Central Criminal Court jury of five sexual offences, including rape and sexual assault, committed against his special needs daughter between 2003 and 2011. He had initially pleaded not guilty to 32 counts, with the jury acquitting him on 27 counts after the judge directed not-guilty verdicts on 17. In February 2020, he was sentenced to 12 years, with the final year suspended, resulting in an effective 11-year term. Counsel for the appellant, Colman Coady SC, argued the sentence was excessive and unduly severe for the higher sentencing category. The State, represented by Fiona Murphy SC, contended the sentence was correct given the aggravating factors, including the offences occurring in the family home and coercive efforts to withdraw charges. Ms Justice Isobel Kennedy, delivering the judgment, noted the victim's acute intellectual disability and the betrayal of trust as significant aggravating factors. She affirmed that the sentencing judge's decision to impose a headline sentence on the outer scale was within her discretion and that the appellant had already received a generous deduction. The court rejected the argument that the sentence lacked features common to more serious cases, upholding the original disposal.
Jonathan O'Driscoll, aged 33, was sentenced to 13 years in prison for a 14‑minute assault on 73‑year‑old Christy O'Callaghan in Macroom on 21 March 2019. The attack, captured on CCTV, involved O'Driscoll repeatedly stamping on O'Callaghan's head, kicking and stealing his watch, jacket and wallet. O'Callaghan suffered severe injuries, including a scalp laceration, facial fractures, broken ribs, a collapsed lung and a subdural haematoma, and later required life‑saving treatment at Cork University Hospital. He was subsequently moved to a long‑term care facility where he died. O'Driscoll appealed the 15‑year headline sentence as "excessive"; the Court of Appeal upheld the 13‑year post‑mitigation term but suspended the final two years for two years, requiring engagement with probation and addiction services. The court noted the assault was "prolonged, vicious and unprovoked" and that O'Callaghan's life had been ruined by the attack. Jonathan O'Driscoll pleaded guilty.
In October 2022 the Court of Appeal quashed the acquittal of a mother of three who had been found not guilty of sexually abusing her children in a 2021 trial. The original acquittal was based on a judge's ruling that admissions made during a polygraph interview with a forensic psychologist were inadmissible. The Director of Public Prosecutions argued that the judge had wrongly excluded compelling evidence. The appeal court, led by Mr Justice George Birmingham, decided that the interviews should be admitted in a retrial on grounds of overall fairness. The woman had admitted to knowing her husband's interest in child pornography, to his abuse of their children, and to her own participation in the abuse. She had also admitted to abusing the children when alone.
Simon McGinley has failed in his second attempt to overturn his murder conviction at the Court of Appeal. McGinley, aged 38, was convicted in April 2014 of murdering Eugene Gillespie, a retired telecoms broker, at a house on Old Market Street in Sligo on 19 September 2012. Mr Gillespie, aged 67, died in hospital following a cardiac arrest after being assaulted and tied up in his home. McGinley had originally pleaded not guilty to murder and admitted manslaughter instead, but this plea was rejected by the State. He was sentenced to life imprisonment. At the appeal hearing, McGinley's legal team argued he was displaying symptoms of schizophrenia at the time of the attack and that this constituted a miscarriage of justice. Ms Justice Úna Ní Raifeartaigh dismissed the appeal, finding that neither insanity nor diminished responsibility had been raised at trial and that retrospective psychiatric assessment fell short of the required threshold.
During a Court of Appeal hearing on 14 October 2022, teacher Enoch Burke, who is in Mountjoy Prison for refusing to comply with a High Court injunction that bars him from teaching at Wilson's Hospital School, sought an early appeal date. The judge, Mr Justice John Edwards, set the earliest possible hearing for 16 February 2023 and adjourned the matter. Burke's mother, Martina Burke, interrupted the proceedings, accusing the judges of corruption and claiming that his constitutional rights were denied. Mr Justice Edwards removed her from the courtroom, warned that further interruptions would be held in contempt, and briefly considered referring her to the Law Society before rescinding that order. Burke's sister, solicitor Ammi Burke, also interrupted and was warned of potential contempt. The hearing remained procedural, with no substantive appeal heard on the day. The case concerns the injunction and the High Court's refusal to lift it. The article does not report any further developments beyond the adjournment.
In a case heard at the Court of Appeal, Martina Rooney, aged 40, was found not to have successfully overturned an eight‑year jail sentence for a violent assault that took place in Temple Bar, Dublin, on 13 June 2020. The assault involved Rooney repeatedly stabbing a woman over a missing €50 note, with the attack described as "barbarous" and aggravated by a sexual element that "humiliated intimate body parts." Medical reports noted extensive facial bruising and lacerations to the back, buttock and thigh, and the victim was also stabbed in the eye. Rooney had pleaded guilty to assault causing serious harm and robbery, and the Court of Appeal upheld the original sentence, noting the seriousness of the offence and the mitigating factors presented by her drug‑addiction background. Her co‑accused, Karl Fishe, 36, received a two‑year sentence for his role in the assault.
In 2022 the Court of Appeal increased a 66‑year‑old man's sentence from 12 years with 18 months suspended to 17 years for a 16‑year period of rape, molestation and aggravated sexual assault of his daughter. The man had begun abusing her when she was six or seven and continued until her 20s, committing 54 charges, of which nine were pleaded. The offences included repeated rape, oral rape, indecent assault, sexual assault and aggravated sexual assault involving an electric sander. The appeal was brought by the State, who argued the original headline sentence of 16 years for rape was too lenient given the "depth of cruelty" and the victim's prolonged degradation. The Court of Appeal agreed, quashing the original sentence and imposing a headline of 17 years with no suspended portion, and ordered the offender to register as a sex offender and attend probation for five years. The unnamed 66-year-old pleaded guilty.
Paschal Kelly, a convicted criminal with 60 previous convictions, opened an appeal at the Court of Appeal against his 2018 conviction and 18-year sentence for a 2014 post office robbery in Sutton, Dublin. Kelly was convicted of trespass, false imprisonment, robbery, threatening to kill, and possession of a stolen vehicle. The charges relate to the abduction of postmistress Susan Lawlor, her daughter Emma Carter, and student Gabriella Saisa, who were bound and held overnight before being taken to the Bayside Post Office. Kelly denied all charges. His counsel, Martin O'Rourke KC, submitted ten grounds challenging the conviction and four against the sentence, arguing the trial judge erred in admitting CCTV identification evidence. O'Rourke contended the footage did not positively identify Kelly and that Garda witnesses failed to provide a specific description of the driver during initial interviews. The appeal, heard by Mr Justice John Edwards, Mr Justice Patrick McCarthy, and Ms Justice Isobel Kennedy, was adjourned to December 19. On that date, State counsel Roisin Lacey SC is scheduled to reply to the appellant's submissions. The matter remains pending and has not been concluded.
In a Court of Appeal decision, the fine imposed on Telstar Investments Ltd for exposing two staff members to asbestos risk was increased from €7,500 to €40,000. The case involved the removal of unstable ceiling tiles containing brown asbestos from a courtyard area being redeveloped. Telstar, as the employer, had pleaded guilty to failing to ensure the safety, health and welfare of its employees. The Court found the original fine unduly lenient and insufficient as a deterrent, noting the company's assets of €16 million and the costs of cleaning up the site. The new fine of €40 k was set after considering mitigating factors such as the guilty plea, cooperation, remorse and lack of prior convictions. Costs were awarded to the State. The decision reaffirmed the seriousness of the offence and the need for a stronger deterrent.