Jailed teacher Enoch Burke appeared before the High Court on Thursday to claim he was defamed in a Sunday Independent article. Represented by his sister, solicitor Ammi Burke, he sought an urgent order under Section 33 of the 2009 Defamation Act to prevent republication, alleging the paper falsely claimed he was moved within Mountjoy Prison. The publisher denied the allegations. Justice Brian O'Moore rejected the request for Burke to be produced from prison earlier than Friday, noting the article had been removed. He refused to make an order without notice to the newspaper but set an early return date for Burke to formalise his application. Justice O'Moore, who is also presiding over the underlying dispute with Wilson's Hospital School, expressed bemusement at claims that media reporting could prejudice the case. He stated he would not be influenced by media coverage and planned to hear from both parties on Friday regarding case management. Burke, who has been incarcerated since early September for contempt of court after refusing to comply with an injunction to stay away from the school, has appealed to the Court of Appeal against the injunction and his suspension. He denies misconduct allegations related to his objection to addressing a transitioning student with specific pronouns, which he says conflicts with his Christian beliefs. The school maintains the issue is his refusal to obey court orders. The appeal is scheduled for mention before the Court of Appeal on Friday.
Patrick Maughan, 23, of Poddle Close, Kimmage, Dublin 6, pleaded guilty to robbery and the production of a 15‑inch breadknife. In January 2021 he was sentenced at Dublin Circuit Criminal Court to five years' imprisonment, with two years suspended, for the robbery that took place on 13 February 2018. Judge Melanie Greally described the incident as "very serious" and noted that Maughan had claimed it was "just a joke" and that he was "off his head". The court heard that Maughan's family had been "disgusted" by his actions and had removed him from the house. Maughan had no prior convictions at the time of the robbery, but had been convicted of producing an article, criminal damage and breach of a safety order during the case. In the Court of Appeal, Maughan's lawyer, Luigi Rea BL, argued that the sentence was too severe, citing Maughan's lack of readiness and the fact that the knife was "produced more than used".
In Cork Circuit Court in November 2020, Tyler Lewis, then 20, was sentenced to six years in jail for possession of a 15‑cm knife, unlawfully seizing a vehicle and falsely imprisoning a female. The offence occurred in July 2020 when Lewis, armed with a knife and yellow gloves, forced a woman into a car, threatening to stab her boyfriend if she did not comply. The woman faked a panic attack and Lewis fled. Lewis had 31 prior convictions and a history of drug abuse. The judge described his conduct as violent, dangerous and bizarre. Lewis appealed to the Court of Appeal, arguing that no actual violence was used and that the incident was brief. Justice Isobel Kennedy rejected the appeal, stating the incident was violent and that Lewis had pre‑meditated the crime by buying the knife and gloves earlier that day. The appeal was dismissed, leaving the six‑year sentence intact.
A man from Longford has failed in his appeal against a six-year jail sentence for arson at the Court of Appeal. Lee Goodchild was convicted of setting fire to a house on Rattan Ash Road, Mullingar, on 26 August 2019, contrary to the Criminal Damage Act. He was sentenced in July 2021 at Mullingar Circuit Court to seven and a half years' imprisonment, with the final 18 months suspended for ten years. Goodchild argued the trial judge erred in law when setting a headline sentence of ten years. Ms Justice Isobel Kennedy rejected the appeal, finding the judge did not err in identifying the appropriate sentence. The court noted Goodchild was on bail and serving a suspended sentence at the time of the offence, and had prior criminal damage convictions. The attack caused considerable damage and distress to the occupant, who had to escape through a window. The unnamed appellant pleaded not guilty.
The Court of Criminal Appeal has quashed the previous sentence of Miren Rakovac, a 33-year-old man from Cork, following a successful appeal by the State regarding an unduly lenient sentence. Rakovac had pleaded guilty at Cork Circuit Court in November 2021 to possessing cocaine, cannabis, and €35,000 in cash, which was identified as proceeds of criminal activity. In February of this year, Judge Dara Hayes sentenced him to two years and six months, suspending the final 18 months to encourage rehabilitation. The State argued that this suspension and the treatment of the cash possession were departures from sentencing norms. In an ex tempore judgment, Mr Justice John Edwards, speaking for the three-judge court, agreed with the appellant. The court found that the 18-month suspended portion was out of the norm and that the possession of the €35,000 constituted a standalone offence requiring a separate sentence. Consequently, the court quashed the original conviction and re-sentenced Rakovac to two years and six months on both charges. The final six months of each sentence were suspended for one year. This decision increases his effective custody period compared to the original ruling, which had suspended 18 months.
Predatory serial sex offender Slawomir Gierlowski has had his prison sentence further extended for an attempted attack on a woman in 2011. Gierlowski (38) was previously sentenced in 2018 to 22 and a half years with four years suspended for random outdoor attacks on three other women between 2011 and 2016. After a Central Criminal Court trial in May 2019, Gierlowski was convicted of attempted rape, sexual assault and assault causing harm of a fourth victim on the night of December 18, 2010. Sentencing for those offences was adjourned while Gierlowski appealed his 2018 convictions and the severity of that sentence. The Court of Appeal dismissed these appeals and in July 2021, he was sentenced for this offence to a further ten years consecutive to the earlier sentence, giving a total prison sentence of 28 and a half years. The matter was adjourned during the appeal process. In July 2022, Judge Elma Sheahan extended Gierlowski's time in custody by a further six years, imposing concurrent sentences totalling six years consecutive to his Central Criminal Court sentence. The court heard that Gierlowski's DNA and fingerprints were taken as part of an investigation in 2016 into a separate assault and matched samples that were recovered from a flex and a cigarette box in this case. The victim described how the man, later identified as Gierlowski, had jumped at her in broad daylight, pushed her to the ground, straddled her and failed to get a flex around her neck before putting his hands on her neck and squeezing with his thumbs. He tried to pull down her pants. She resisted and fought back at the man, who punched her many times with a closed fist before he ran off. The woman continues to suffer adverse effects from the offence ten years later. Judge Sheahan noted Gierlowski had similar serious offending pre and post this offence. She said his offending had been previously described as 'dangerous predatory behaviour', which even at this stage he refuses to acknowledge despite going through three trials. She noted he has been in custody since 2016 but said she could not take into account any insight gained or remorse as he does not accept the verdict and there is no guilty plea. She said the court would take into account that he is already serving a significant sentence. Previously Mr Justice Michael White said that in the absence of Gierlowski acknowledging his predatory behaviour, he remained a serious threat to the safety of women. Judge Sheahan said the protection of society was an important consideration for the court. She imposed concurrent sentences totalling six years consecutive to his Central Criminal Court sentence. She noted the need to have regard to rehabilitation but said there was no evidential basis for suspending part of the sentence.
Martin Begley, aged 55, was found guilty by a Dublin Circuit Criminal Court jury of nine counts of sexual assault and 12 counts of invitation to sexual touching of a seven‑year‑old boy in two Dublin locations between December 2019 and April 2020. The verdicts followed a six‑day trial in June. Begley, who lived in Larkfield Grove, Kimmage, denied the convictions and intends to appeal. He had been employed by the boy's parents after they advertised on an Irish childminding website; he claimed garda vetting and supplied references, though he never showed evidence. Begley began minding the children in December 2019, moving to his own house during the March 2020 Covid lockdown. In April 2020 the boy's mother discovered a video of a boy being spanked with a belt, leading to immediate termination. The following month the boy's mother learned Begley had shown him how to engage in sexualised behaviour.
The Irish Human Rights and Equality Commission has joined Patrick Quirke's Supreme Court appeal as an amicus curiae, making its own legal submissions at no cost to the court. Quirke, a 51‑year‑old farmer from Breanshamore, is serving a life sentence for the 2011 murder of DJ Bobby Ryan, a part‑time DJ known as Mr Moonlight. The appeal, scheduled for a one‑day hearing on 25 October, challenges the validity of the search warrant used in the investigation and the DPP's discretion in calling an expert witness. The Commission argues that the warrant powers used in Ireland lack proportionality safeguards and that the right to privacy should be weighed against the community's interest in prosecuting crime. It will present case law and other material not previously considered by the other parties. No opposition was raised by the DPP or Quirke's counsel to the Commission's participation. The Court of Appeal had dismissed Quirke's 52‑ground appeal in November.
Boy B, now 18, withdrew his appeal against his conviction for the May 2018 murder of 14-year-old Ana Kriegel in Lucan. Originally convicted at age 13 alongside Boy A, he was sentenced to 15 years' detention with a review after 8 years. The appeal hearing, presided over by Mr Justice John Edwards, saw Boy B confirm directly that he wished to withdraw the appeal, bringing an end to four years of proceedings.
Boy B, one of two teenagers convicted of murdering 14‑year‑old Ana Kriegel, withdrew his appeal against his conviction, ending four years of criminal proceedings. The withdrawal was announced at a brief hearing attended by Ana's mother Geraldine and other family members. The Court of Appeal confirmed that Boy B had no appeal against his 15‑year sentence, which includes a review after eight years. Boy B was 13 when he lured Ana to a derelict house where his accomplice, Boy A, beat and sexually assaulted her. Both boys are now 18, but their names are protected by a court order. Boy A has not appealed his conviction or sentence, and no appeal has been lodged on his behalf. The withdrawal marks the end of the proceedings for Boy B.
Former soldier Lisa Smith, aged 40, was convicted of membership of ISIS by the Special Criminal Court and sentenced to 15 months in prison. Smith travelled to ISIS‑controlled Syria in 2015, where she married, kept a house and did not participate in state‑building or positive acts for ISIS. Her lawyers argue that she was at the lowest level of the organisation, that she was a mother of a young child, and that she endured nine‑and‑a‑half months in two detention camps with harsh conditions. They also cite a report by Professor Anne Speckhard stating that Smith denounced ISIS and did not support its atrocities. The court, however, found that Smith knew of ISIS's bloodlust, discussed its atrocities online, and rejected calls to return. The Court of Appeal has reserved judgment, and Smith's lawyers plan to appeal her conviction later this year. The case was the first Irish conviction for an Islamic terrorist offence committed abroad.
Jailed teacher Enoch Burke has formally lodged an appeal against a High Court injunction preventing him from attending or teaching at Wilson's Hospital School in Co Westmeath. The appeal, which is currently at the validated procedural stage of appeal, was lodged at the Office of the Court of Appeal (CoA) on Tuesday. Mr Burke, who was committed to prison until he agrees to obey an order not to attend or teach at the school, has not appealed the High Court orders committing him to prison for contempt. His appeal seeks to set aside orders including the granting of the temporary ex-parte injunction against him and the subsequent decision to keep the injunction in place pending the final hearing of the matter. He has also appealed against the High Court's dismissal of applications brought by him aimed at setting aside his suspension from the school. The appeal is due to be mentioned before a directions hearing of the CoA later this month but is unlikely to be heard before Christmas. Mr Burke, who objects to addressing a student with the pronoun 'they' and opposes 'Transgendarism', claims that the suspension is unlawful, unfair, and unreasonable and in breach of his constitutional rights to religion, freedom of expression, and conscience. His appeal is separate from the disciplinary process against him, which he denies. The school, which is located in Multyfarnham Co Westmeath, claims that Mr Burke's refusal to comply with the injunction was disruptive to the school's students at the beginning of the new academic year. Mr Burke has also brought his own proceedings against the school where he seeks various orders and declarations including a declaration that the disciplinary process against him is unlawful and a breach of his constitutional rights, including his rights to freedom of expression, conscience, and religion. He also seeks various orders preventing the school from continuing both his paid administrative leave and the disciplinary process against him. He further seeks an order preventing the school from dismissing him from his position. Mr Burke was placed on paid administrative leave pending the outcome of a disciplinary process commenced by the school, where he has been employed for several years. That process commenced after it is alleged that Mr Burke publicly voiced his alleged opposition to the school's principal direction to address a student, who wishes to transition, by a different name and by using the pronoun 'they' rather than he or she. The school claims that last June a service and dinner was held to mark its 260th anniversary, which was attended by clergy, staff, past and present pupils, parents, and board members. It is claimed that Mr Burke interrupted the service and said that the school's then principal, Ms Niamh McShane, should withdraw the earlier demand regarding the student. It is also claimed that he said that he could not agree with transgenderism, and said it went against the school's ethos and the teaching of the Church of Ireland. The school claims that after he spoke, members of the congregation and students walked out of the school chapel where the service was being conducted. After the meal he is alleged to have approached the Principal and again asked her to withdraw the request regarding the student. In a sworn statement to the court, Mr Burke said he rejects claim made by the former school principal Niamh McShane that he questioned her loudly at the function. Mr Burke said that the former principal's allegations against him are 'entirely false'.
The Court of Appeal refused to consider an "implied consent" argument raised by the defence of ex‑RTE journalist Mícheál Ó Leidhin, who was convicted of sexual assault. The defence had argued that the victim had discussed possible sexual activity the following morning before falling asleep, and that this should have been considered by the jury. The court held that a sleeping person cannot give consent and that the jury's charge did not mention implied consent. The appeal also challenged the 18‑month sentence with three months suspended, but the court reserved judgment on that ground. Ó Leidhin, aged 38, was convicted in April 2022 after a trial in which the victim described being groped while asleep. The court noted that the victim's testimony was compelling and that Ó Leidhin had no prior convictions. The appeal remains pending.
The Supreme Court has agreed to hear an appeal concerning journalistic privilege and police search powers, marking the first time the court will address the interaction between criminal investigations and protection of journalistic sources. The case arises from the seizure of a mobile phone belonging to a journalist at his home in Strokestown, County Roscommon, in December 2018, as part of a garda investigation into violence at a repossessed property. The High Court had permitted gardai access to the device's contents, but the Court of Appeal subsequently quashed the search warrant, finding that journalistic privilege rights were not adequately considered before it was issued. The Garda Commissioner sought Supreme Court review. A three-judge panel of the Supreme Court determined the case raises important issues of general public importance regarding the balance between criminal investigations and journalistic privilege, and agreed to hear the appeal. A hearing date will be fixed later in the term.
Former Sinn Fein councillor Jonathan Dowdall is being assessed for the Witness Protection Program after providing a statement to gardai that implicates others in the murder of David Byrne, who was shot dead at the Regency Hotel in 2016 as part of the Hutch/Kinahan gang feud. Jonathan Dowdall and his father Patrick Dowdall both pleaded guilty to facilitating the murder of David Byrne by making a hotel room available for the Hutch gang ahead of the murder. They admitted to participating in or contributing to activity intending to or being reckless as to whether such participation or contribution could facilitate the commission of a serious offence by a criminal organisation or any of its members, to wit the murder of David Byrne, by making a room available at the Regency Hotel, Drumcondra, Dublin 9 for that criminal organisation or its members, within the State on February 4, 2016. The three-judge Special Criminal Court adjourned sentencing of Jonathan Dowdall and his father Patrick Dowdall after hearing submissions from their respective counsel. The court heard that room 2104 in the Regency Hotel was booked using Patrick Dowdall's credit card on February 4, 2016, one day before Mr Byrne's murder. CCTV footage showed Patrick Dowdall arriving at the hotel, receiving key cards, and later handing them over to a known member of the Hutch criminal organisation. The matter is currently in the appeal stage.
In July 2022 the Court of Appeal ruled that a trial judge had erred by excluding an informal identification parade from evidence in a case where a 38‑year‑old man had been acquitted of robbing a pensioner. The judge had directed a jury to acquit after refusing to allow the parade, which had taken place at Portarlington Garda Station. The man had declined a formal line‑up, so an informal one was arranged without his knowledge, involving seven men walking with a Garda. The defence argued the parade was unfair because the accused spoke to a Garda while walking past the victim. The Court of Appeal found the speaking did not affect the identification, which had already occurred, and dismissed the argument that the suspect should have been told a parade would be set up if he refused. The Director of Public Prosecutions had appealed the acquittal under Section 23 of the Criminal Procedure Act 2010.
James Curtis, 51, of Reiska, Kilcommon, Thurles, Co. Tipperary, was sentenced by the Court of Appeal to ten years' imprisonment, back‑dated to 30 October 2020, after the original eight‑and‑a‑half‑year sentence was quashed. The appeal was brought by the Director of Public Prosecutions, who argued the sentence was too lenient. Curtis was caught red‑handed in a field near his home with a potato bag containing 5 kg of cocaine, a barrel with 4.25 kg of cocaine and €41,000 in cash, and a plastic Penneys bag with €336,000. He pleaded guilty to possessing €647,000 worth of cocaine for sale or supply and to being in possession of €376,550, knowing or recklessly ignoring whether the money was the proceeds of criminal conduct.
Martin Aylmer, described as a 'trusted enabler' of the Kinahan Cartel, has been sentenced to 10 years and four months with the final two years suspended after pleading guilty to participating in or contributing to the murder of Noel 'Duck Egg' Kirwan in 2016. Aylmer also pleaded guilty to a similar offence in relation to the attempted murder of James 'Mago' Gately. Both men were targeted because the Kinahan cartel believed they were associated with people involved in the murder of David Byrne in February 2016. Aylmer was found guilty of importing tracking devices from the UK by ferry to be used in both crimes. He also pleaded guilty to participating in the plan to murder James 'Mago' Gately between September 7, 2016 and April 6, 2017. Mr Justice Tony Hunt sentenced Aylmer to five years' imprisonment for his involvement in the murder of Noel Kirwan and a consecutive sentence of five years and four months for his part in the attempted murder of James Gately. The final two years of the sentence were suspended for four years to allow for rehabilitation. The case is currently at the appeal stage.
The Court of Appeal has refused an application by Boy B to introduce fresh evidence in his appeal against the murder conviction of 14-year-old Ana Kriegel. Mr Justice George Birmingham, delivering the ruling of the three-judge court, stated that the application did not meet the threshold for admitting new evidence. He described the move as an attempt to "set at naught" the trial process and run an entirely different case more than three years after the original proceedings. Boy B's lawyers sought to introduce reports from psychologists claiming he was subjected to manipulation and pressure during garda interviews, arguing his mind was "substantially overborne." The court noted it was unusual to challenge the admissibility of interviews at this stage when no such challenge was raised during the trial. The judge highlighted that Boy B's final account to gardai, which admitted he witnessed Boy A assaulting Ana, was consistent with a statement he gave to a friend in June 2018. The court rejected the argument that his legal representation was inadequate. Boy B and Boy A were convicted by a Central Criminal Court jury in June 2019 of murdering Ana at a derelict house in Lucan in May 2018. Boy B was sentenced to 15 years' detention, to be reviewed after eight years. Boy A was sentenced to life imprisonment with a review after 12 years, and eight years imprisonment for aggravated sexual assault. The full appeal hearing is scheduled for October 5.
The Court of Appeal has dismissed an appeal by Caolan Smyth and Gary McAreavey regarding the admissibility of mobile phone data used in their convictions. The appellants were found guilty and convicted, respectively, of the attempted murder of James Gately and possession of a firearm with intent to endanger life in 2017. McAreavey was also convicted of assisting Smyth by purchasing petrol and helping burn a black Lexus at Newrath, Dromiskin, Co Louth. The appeal challenged the use of data gathered under the Communications (Retention of Data) Act 2011, arguing it breached EU privacy laws following a separate ruling in the Graham Dwyer case. However, the court, led by Mr Justice George Birmingham, ruled that the Act was valid in 2017 and that the public interest in investigating crime comprehensively outweighed the limited privacy rights attached to the data. The court noted the data was tightly focused and did not reveal personal details such as beliefs or sexuality. The judgment affirmed the Special Criminal Court's 2020 findings. This decision does not affect the separate appeal by Elaine O'Hara, whose case remains contested and is not part of this finalisation.
In July 2022 the Court of Appeal quashed Leslie Peacock's 2015 conviction for failing to ensure fire safety at Kennedy Plaza Apartments, despite rejecting his appeal grounds. The court found sufficient evidence that Peacock, the owner, had control of the premises and was responsible for the alarm system. It also rejected the argument that a change in the indictment wording misled the jury. However, the appellate judges were concerned that the trial judge's charge confused the jury about the offence's elements, particularly the relevance of knowledge and reasonable practicability, and that hearsay evidence about the alarm being disabled was improperly presented. Consequently, the conviction was quashed and a retrial ordered for October 4, 2022, while Peacock remains liable for a €50,000 fine payable in monthly instalments, with imprisonment if payments are missed. Leslie Peacock pleaded not guilty.
The Court of Appeal declined to consider Lisa Smith's bail application, a former Irish soldier convicted of joining ISIS after travelling to Syria in 2015. Smith was jailed five days earlier for a 15‑month sentence. The three‑judge panel agreed to hear an appeal against the severity of her sentence on October 4, before any appeal of her conviction. Smith's lawyers argued that the Special Criminal Court had not adequately credited the time she spent in Syrian refugee camps and under a nightly curfew, claiming she had effectively served about four years. The court noted a recent judgment that a sentencing court should consider time spent in detention. Smith, 40, had pleaded not guilty to membership of an unlawful terrorist group and was found to have travelled to Syria with "eyes wide open," swearing allegiance to the Islamic State.
In 2012, Keith O'Neill, aged 47, shot John Wilson, 35, dead in Wilson's Ballyfermot home, killing him in the front hallway with a shotgun. O'Neill was convicted of murder by a jury and sentenced to life imprisonment in 2015, with 116 prior convictions. He appealed to the Court of Appeal, arguing the conviction was unsafe because forensic evidence of gunshot residue on his clothing, found in a skip, had been improperly admitted. He also claimed the trial judge's commentary during cross‑examination was excessive and that the forensic evidence was contaminated by Garda handling. The Court of Appeal, presided over by Mr Justice Patrick McCarthy, rejected both grounds, stating the judge had acted appropriately and the evidence was admissible. O'Neill remains in custody at Wheatfield Prison. The appeal was dismissed, upholding the murder conviction. Keith O'Neill pleaded not guilty.
Stephen Gibbons, 58, of Rockleigh House, Richardstown, Co Meath, was convicted in May 2021 by a jury at Trim Circuit Court of unlawfully possessing a 9mm Makarov PM‑63 RAK sub‑machine pistol found during a Garda search near his home. The gun, dated 1945 and coated in thick lubricant, was serviceable but had two discharged bullets blocking the barrel; a detective fitted a replacement barrel to demonstrate its capability for semi‑automatic and fully automatic fire. Gibbons was acquitted of possessing ammunition at the same time and place. He appealed to the Court of Appeal, arguing the jury's verdict was logically inconsistent because the same bag contained the pistol, ammunition, and a hair from his own hair stuck to the lubricant.
In a 12‑year saga that began when 17‑year‑old Daniel McAnaspie vanished in February 2010, the Supreme Court rejected Richard Dekker's appeal against his murder conviction. Dekker, 35, had been acquitted in 2013 but was later retried and found guilty in 2017. The jury heard that Dekker stabbed Daniel in Tolka Valley Park, then placed the body in a suitcase and dumped it in a drain 30 km away, where it was discovered three months later. Dekker's appeal argued that the final interview conducted by Gardaí at Cabra Garda Station was improper and that his statements should not have been admitted. The three‑judge court, led by Mr Justice George Birmingham, found the interview admissible, noting that Dekker's answers were self‑serving but not excluded. The appeal was dismissed, ending the case with Dekker's conviction upheld. The article does not report any subsequent sentencing or further legal action.
Brian Shaughnessy, a former hotelier aged 55, was convicted in March 2013 of raping a 17‑year‑old employee at his Loughrea Hotel and Spa. He was sentenced to six years' imprisonment with one year suspended. Shaughnessy appealed, claiming his defence counsel had not adequately presented his version of events, particularly a two‑hour period he alleged the victim spent in the room after the assault. He argued that key card and phone records, which he supplied to his lawyers, were not examined by the jury. His appeal was rejected in April 2020, but he successfully applied to the Supreme Court, which sent the case back to the Court of Appeal in March 2023. At the Court of Appeal, Shaughnessy reiterated that his defence was not put to the jury and that the two‑hour claim had been raised repeatedly with his legal team, yet was not pursued during the trial.
The Court of Appeal heard argument on whether the law mandates a driving ban for those convicted of careless driving causing death as a first offence. Colleen McCann, aged 27 with an address at Drumacon, Castleblayney, Co Monaghan, was given a 12-month fully suspended sentence for careless driving that resulted in the death of a 17-year-old in July 2012 at Maghernakill, Castleblayney. McCann was deported from the United States in 2017 to face charges relating to the collision. Her legal team argues that a first conviction for careless driving does not constitute a "qualifying offence" under the Road Traffic Act, meaning any driving disqualification remains discretionary rather than mandatory. The State contends that a consequential ban reflects the legislature's intention and is a matter of public safety. The three-judge court reserved judgment.
The Court of Appeal has adjourned the sentencing appeal of James Curtis (51), from Reiska, Kilcommon, Thurles, Co Tipperary, to Friday, when it is hoped the court will be in a position to give judgment. Curtis was jailed for five and a half years at Nenagh Circuit Criminal Court in October 2021 after pleading guilty to possessing €647,000 worth of cocaine for sale or supply, contrary to Section 15 of the Misuse of Drugs Act, and possessing €376,550 knowing or being reckless as to whether it was proceeds of criminal conduct. The State, represented by Tom O'Malley SC, argued the sentence was unduly lenient, alleging Curtis was an "upper echelon" gang member caught red-handed with 5kg of cocaine in a potato bag and further drugs and cash buried nearby. The State contended the pre-mitigation headline sentence should have been at least 10 years, citing his suspended sentence status and previous convictions as aggravating factors. Defense counsel Colman Cody SC argued the guilty plea remained relevant in mitigation and that Curtis may have been under the grip of the gang. The court noted no indication of duress. The matter was adjourned and is not concluded.
Graham Dwyer, convicted of the 2012 murder of Elaine O'Hara, has secured a December 1 date to appeal his conviction in the Court of Appeal. Dwyer's legal team, represented by Brian Gageby BL, stated they are finalizing submissions to argue that his conviction should be quashed following a recent Court of Justice of the European Union (CJEU) ruling. The CJEU determined that the indiscriminate retention of mobile phone data for criminal investigations breaches EU law. This data was central to the evidence against Dwyer, used to track his movements and contacts with O'Hara. Mr Justice George Birmingham, President of the Court of Appeal, set the hearing date but warned it could change if submissions are not filed this week. Dwyer, a 49-year-old architect, was convicted by a jury at the Central Criminal Court in 2015. He had previously appealed on the grounds that the use of mobile phone metadata under the 2011 Communications (Retention of Data) Act was unconstitutional and breached his privacy rights. While the High Court ruled in his favor, the State appealed, leading to the CJEU referral. In a separate recent case, Mr Justice Tony Hunt rejected similar arguments in the trial of Wayne Cooney, who was convicted of murdering Jordan Davis, stating that EU privacy rights do not trump considerations in serious crime investigations. The matter remains at the appeal stage, with the hearing scheduled for December 1.
Patrick Shiels, 66, was sentenced to 10 years in prison at the Central Criminal Court following a retrial. He was found guilty of oral rape and four counts of sexual assault committed against his daughter, Marlene Prakash-Shiels, between September 2000 and December 2004 at his address in Togher, Portlaoise, Co Laois. Shiels was also found guilty of two charges of child cruelty. Although convicted and jailed in a previous trial, he was released in July 2021 after the Court of Appeal ordered a re-trial. Mr Justice Tony Hunt imposed a headline sentence of 12 years for the oral rape count, reducing it to 10 years after considering minor mitigating factors, including Shiels' age and lack of prior convictions. Sentences of four years for the remaining counts were imposed to run concurrently, with credit for time served. The judge noted limited scope for mitigation as Shiels does not accept the verdict and has expressed no remorse. The victim, who waived anonymity, described the lasting trauma in her impact statement. The court highlighted that the case fell within the more serious category of sexual offences.
Patrick Casey, 35, was sentenced to nine years in prison at Dublin Circuit Criminal Court following an appeal-stage hearing regarding drug offences. The defendant pleaded guilty to possessing cocaine and cannabis for sale or supply at Marigold Ave, Darndale, and Tonlegee Road, Raheny, on March 7, 2014. Prosecution evidence indicated that gardaí seized just over €700,000 worth of drugs from his car and just under €2 million from his home during a 2014 operation in the Coolock area. Casey had previously evaded arrest after a high-speed chase and fled to the UK, where he rehabilitated himself before returning to Ireland in 2020. He was arrested in July 2021 and has remained in custody since. Judge Martin Nolan noted Casey's prior convictions, including a 2007 drugs-related offence for which he was initially jailed for eight years, a sentence later reduced by the Court of Appeal to five years with the final two years suspended. While acknowledging Casey's efforts to reform and his sporting background as a former Dublin minor hurler, the judge emphasized the scale of the drug distribution. The court handed down the nine-year sentence, reflecting the seriousness of the admitted charges and his criminal history.
Lisa Smith, a former Irish soldier from Dundalk, Co Louth, has been jailed for 15 months by the Special Criminal Court following her conviction for membership of an unlawful terrorist group, Islamic State, between October 28th, 2015, and December 1st, 2019. Smith, who pleaded not guilty, was found guilty by a three-judge, non-jury court. Mr Justice Tony Hunt set the headline sentence at two years and six months but reduced it by 50 per cent to 15 months, citing mitigating factors including her previous good character, military service, and low risk of re-offending. He noted that while she was persistent in joining Isis, there was no evidence she did more than ally herself with the group. The sentence was backdated by one month to account for time in custody. Mr Justice Hunt refused to suspend any portion of the sentence and denied Smith's application for bail pending an appeal, stating there was no basis for such a release. The matter is now in the hands of the Court of Appeal. Smith is the first person convicted in an Irish court of an Islamic terrorist offence committed abroad.
In a Court of Appeal hearing on 21 July 2022, the State's appeal to increase the jail term for David Bannerton was dismissed. Bannerton, aged 47, had been convicted of two separate assaults in June 2016 in Galway city centre. The first assault, against a 70‑year‑old pensioner, resulted in a two‑year jail term following a three‑year headline sentence. The second assault, against a passer‑by who tried to intervene, led to a six‑year sentence with 18 months suspended, after a nine‑year headline sentence. The Court of Appeal upheld the judge's decision, noting that the suspended portion was a legitimate consideration for rehabilitation and that no additional consecutive sentence was warranted. The appeal was refused, and the original sentences were left unchanged. The case highlighted the judge's discretion in balancing punishment with rehabilitation considerations.
The Court of Appeal heard arguments in the appeal of Kieran Greene, who was convicted of murdering Patricia O'Connor at her home in Mountainview Park, Rathfarnham, Dublin 14, on May 29, 2017. Greene's counsel argued that the trial judge erred by refusing to allow the jury to consider provocation, claiming Greene suffered a "slow burn provocation" similar to domestic abuse. Counsel also contended that Greene's trial should have been separate from that of Louise O'Connor, Stephanie O'Connor, and Keith Johnston, whose charges stated Greene was the murderer, causing prejudice. Additionally, counsel sought to admit hearsay evidence regarding Augustine O'Connor and call a psychiatrist to testify about Greene's low IQ. The Director of Public Prosecutions responded that the trial judge was correct in excluding the provocation direction and the hearsay evidence. The matter was adjourned, with the three-judge panel to deliver their judgement at a later date. In related proceedings, Augustine O'Connor pleaded guilty to reporting his wife missing while knowing she was dead and was sentenced to 18 months in prison before his death. Louise O'Connor was found guilty of acquiescing in her daughter Stephanie O'Connor disguising herself as Patricia O'Connor to conceal the death, and was sentenced to two-and-a-half years. Stephanie O'Connor was found guilty of disguising herself as her mother to conceal the death and was jailed for one-and-a-half years.
In a 6‑to‑1 decision, the Supreme Court ruled that Gemma O'Doherty and John Waters need not pay the State's legal costs for their failed challenge to Covid‑19 legislation. Chief Justice Donal O'Donnell noted that the applicants had not sought personal gain and that the case raised fundamentally important issues, but that the courts had found their arguments lacking sufficient evidence. The Court vacated earlier costs orders made by the High Court and Court of Appeal against the applicants. It also declined to order the State to pay costs incurred by the Dáil, Seanad and Ceann Comhairle, suggesting those parties seek a costs order only for the Court of Appeal proceedings. The decision reaffirmed that expert evidence is not mandatory for a constitutional challenge, but that a plausible evidential basis is required for a claim to succeed. The ruling upheld the lower courts' findings that the applicants' case was not arguable.
An environmental group's challenge to a major State capital investment plan has opened before the Supreme Court. Friends of the Irish Environment brought the appeal against the €165 billion Project Ireland 2040 scheme, which was originally adopted at a Cabinet meeting in Sligo in February 2018. The organisation contends that the plan, comprising the National Planning Framework and National Development Plan, was invalid due to alleged failures in environmental assessment and climate change considerations. The High Court rejected FIE's claim in 2020, and the Court of Appeal upheld that decision. However, the Supreme Court determined the case raised a point of public importance warranting consideration. A seven-judge panel heard the appeal on Monday. FIE seeks to quash the plan's adoption, arguing it failed to meet requirements under the Strategic Environmental Assessment Directive. The State disputes that either plan is subject to such assessment obligations. The hearing was ongoing.
The High Court has adjourned the extradition appeal of Imre Arakas to Monday next to fix a hearing date, during which he is to appear by video-link. Mr Justice Paul Burns directed the State to prepare a Section 20 request under the Extradition Act to clarify Lithuanian authorities' allegations regarding Arakas's specific role in the 2015 murder of Deimantas Bugavicius. Lithuanian police allege Arakas was part of a three-man gang that conspired to murder the victim, while Arakas claims he was in Spain on the relevant dates. An eyewitness to the murder stated that Arakas was not present at the scene. The court noted that Arakas was previously jailed by the Special Criminal Court for six years in December 2018 after pleading guilty to conspiring with others to murder James 'Mago' Gately in Northern Ireland between April 3 and 4, 2017. He has been in custody in Ireland since April 2017. The judge also referenced the separate extradition case of Liam Campbell, who was found civilly liable for the Omagh bombing and whose appeal to the Supreme Court resulted in a ruling permitting his extradition to Lithuania for offences including terrorism and weapons possession. The matter remains at the appeal stage, with the current session adjourned rather than concluded.
Jonathan O'Sullivan, 42, was convicted of possessing a .38 ACB calibre Grand Power automatic pistol in 2021 and sentenced to 10 years' imprisonment. He denied knowing the gun was in his car when arrested in March 2020, claiming he had been paid to move an Audi A4. The trial judge, Seán Ó Donnabháin, questioned whether the defence alleged the gardaí had "planted" the weapon, a question the defence argued was prejudicial. O'Sullivan's counsel, Siobhan Lankford, clarified that the gun was not planted from outside the vehicle but repositioned when returned to the car. The Court of Appeal rejected the appeal, holding the judge's intervention was in the interests of justice and not unfair. The conviction and sentence remain unchanged.
In July 2022 the State appealed a trial judge's direction to acquit a 38‑year‑old man accused of robbing an elderly Laois woman of her pension and holiday money at her back door. The man had been acquitted in May 2021 after the defence argued that a garda line‑up used to identify him was inadmissible because he had not been informed he was participating. The line‑up was informal, conducted without the man's knowledge, and he was the only participant who spoke to a garda during the pass. The trial judge agreed with the defence that the identification was unfair and ordered acquittal, refusing further evidence. The Director of Public Prosecutions appealed under Section 23 of the Criminal Procedure Act 2010, arguing the evidence was compelling and the line‑up was conducted to a high standard. The Court of Appeal has reserved its judgment.
Christopher Slator, 37, of Cabra, Dublin 7, was sentenced to life imprisonment by the Special Criminal Court for the murder of Michael Barr at the Sunset House pub in Dublin 1 on April 25, 2016. Slator, who pleaded not guilty, became the third man convicted of the killing. The court rejected his defence that his DNA on a mask and runners was innocent, finding it the only rational explanation for his involvement. Slator has 59 previous convictions. In November 2020, David Hunter, 43, of London, was jailed for life for the same murder. Eamon Cumberton, of Dublin 7, was also jailed for life in 2019. Martin Aylmer, 36, of Marino, Dublin 3, pleaded guilty to buying mobile phones for the gang and was sentenced to just under four years. This sentence was later increased to six years by the Court of Appeal. The court described the murder as a planned operation involving at least three people. Barr was shot seven times, five in the head, during a raffle event. The court noted Slator and Cumberton fled to Dubai the day after the shooting before returning to Ireland a month later.
The Special Criminal Court has ruled that Gerard 'The Monk' Hutch's application to dismiss the murder charge against him under Section 4E of the Criminal Procedure Act of 1967 cannot be heard in the non-jury court. The court determined that Section 4E is only applicable when an accused is sent forward for trial from the District Court, and as Mr Hutch was charged directly before the Special Criminal Court, the application is not available to him. The ruling followed submissions from defence counsel Brendan Grehan SC, who argued that the literal interpretation of the section would result in unequal treatment for Mr Hutch compared to those charged in the District Court. The court rejected the argument that the section should be interpreted in a purposive manner, stating that the literal meaning reflects the intention of the Oireachtas. The matter was adjourned until October 3, with all parties agreeing that there was nothing else to attend to before the trial date. Jonathan Dowdall, Patrick Dowdall, Paul Murphy, and Jason Bonney are also charged in relation to the murder of David Byrne, but their cases remain at the appeal stage with no finalisation yet.
The Special Criminal Court has convicted Christopher Slator of the murder of Michael Barr at the Sunset House pub in Dublin 1 on April 25, 2016. Slator, of Cabra, Dublin 7, had pleaded not guilty, but the non-jury court rejected his defence that his DNA on a mask and runners found in a car had an innocent explanation. The court found the DNA evidence sufficient to prove his guilt, noting that his flight to Dubai with Eamon Cumberton the day after the shooting was highly suspicious. Slator will be sentenced to the mandatory term of life imprisonment later today. This conviction follows previous life sentences imposed on David Hunter in 2020 and Eamon Cumberton in 2019 for the same murder. Additionally, Martin Aylmer pleaded guilty to buying mobile phones for the gang involved in the killing; he was initially sentenced to just under four years, a term later increased to six years by the Court of Appeal. The court highlighted the chaotic nature of the shooting, where Barr was shot seven times, and the unusual circumstances of the defendants' travel arrangements as supporting evidence for the conviction.
In July 2022 the Court of Appeal issued a bench warrant for 21‑year‑old Jason Byrne of Newbridge, after the Office of the Director of Public Prosecutions appealed a six‑month jail sentence imposed in June 2021 for threatening a social worker with a knife. Byrne had been convicted in October 2020 at Naas Circuit Criminal Court for producing an article capable of inflicting serious injury at a Tusla facility in September 2018, when he was 17. He pleaded guilty to an offence contrary to Section 11 of the Firearms and Offensive Weapons Act 1990. Judge Mary O'Malley Costello sentenced him to 12 months' imprisonment, with the final six months suspended for nine months, during which he was to engage with probation services. The DPP argued the sentence did not adequately reflect the nature of the charge, the victim's effect, or Byrne's subsequent offending history, and that he was assessed as a high risk of reoffending.
The Court of Appeal has dismissed the appeals against conviction and sentence lodged by Gheorghe Goidan, a 49-year-old Romanian national. Goidan was convicted at the Central Criminal Court of rape and sexual assault committed against two sex workers in separate hotels in Portlaoise and Galway on September 7, 2017. He had pleaded not guilty to these charges but admitted to robbing the victims. The trial judge, Ms Justice Tara Burns, sentenced him to two consecutive terms of 10 years, describing the offences as ultra-violent and premeditated. In his appeal, Goidan's counsel argued that the trial judge erred regarding the admissibility of videolink evidence and the refusal to sever the indictment, and that the sentence was disproportionate. The Court of Appeal, led by Mr Justice Patrick McCarthy, rejected these grounds, stating the trial judge exercised her discretion correctly. The court further dismissed the appeal against sentence, noting that the discount applied to the consecutive terms was entirely appropriate. The judges affirmed that the sentence reflected the severe violence and humiliation experienced by the victims, who were targeted due to their vulnerability. The 20-year effective custody term is therefore upheld.
This report details the retirement of Ms Justice Mary Irvine, the first female President of the High Court, rather than an appeal proceeding. On her final day on the bench, tributes were paid by Attorney General Paul Gallagher SC, who described her as having an "unrelenting commitment to justice." Angela Denning, Chief Executive of the Courts Service, praised her work ethic and handling of the pandemic. Maura McNally SC, Chair of the Bar Council, and Michelle Ni Longain, President of the Law Society, also offered commendations. Ms Justice Irvine, appointed to the bench in 2007 and High Court President in 2020, is the first person to serve on the High Court, Court of Appeal, and Supreme Court. In her farewell address, she highlighted challenges including the pandemic, personal injuries guidelines, and judicial shortages. She expressed concern for families affected by birth injuries and Ward of Court applications, and advocated for increased medical resources for young people with eating disorders. While pleased with the advancement of women in the legal profession, she noted that prohibitive childcare costs remain a barrier for many women seeking to advance their careers. The event marked the conclusion of her judicial tenure, with no specific case findings, pleas, or sentences recorded in this tribute.
The Court of Appeal has increased the jail sentence of John McDonagh, a knife-wielding burglar who carried out a violent home invasion in Sligo Town in January 2020. McDonagh and a teenage accomplice broke into a house, threatened four occupants with a knife, and caused significant damage to property. The occupants were threatened with death if they contacted the gardaí. Both McDonagh (27) of Brookfield, Ballinode, Sligo, and his accomplice pleaded guilty to aggravated burglary and burglary at a house at Glencarrig, Ballinode, and were sentenced in March of last year. Sligo Circuit Criminal Court judge Francis Comerford initially sentenced both men to five-and-a-half years in jail with the final two years suspended for three years. However, the Court of Appeal found the original sentence unduly lenient. The court heard that the offences were in the upper range of offending and that a headline sentence between nine and 14 years should have been identified. The appeal court quashed the previous sentence and substituted it with a seven-year term, with the final 18 months suspended for two years. The sentence was backdated to August 1, 2020, when McDonagh was first taken into custody. The matter was adjourned at the appeal stage.
The Court of Appeal has quashed the fully suspended sentence of Darren Rice, a convicted person, following an appeal by the Director of Public Prosecutions on grounds of undue leniency. Rice, aged 32, was originally convicted in September 2021 at Cork Circuit Criminal Court of robbery and three attempted robberies committed in March 2021 while on bail. The trial judge, Judge Helen Boyle, had imposed a three-year suspended sentence to run consecutively to a separate three-year term he was already serving. The DPP argued that this resulted in effectively no additional punishment for the new offences. Mr Justice Patrick McCarthy, presiding, agreed the original sentence was unduly lenient. He quashed the suspended sentence and imposed a new sentence of four years' imprisonment, with the final year suspended for two years. This new term is to run consecutively to the three-year sentence Rice is currently serving. The court noted Rice's responsible approach in not contesting the application and his positive conduct in prison. His brother, Eugene Rice, who was also convicted of the same offences, received a two-year sentence with the second year suspended, running consecutively to a one-year term he was already serving. The appeal focused solely on Darren Rice's disposal.
Kenneth McDonald, 56, of Wexford, was convicted of raping his then‑girlfriend's seven‑year‑old sister between 1987 and 1994. A jury found him guilty at the Central Criminal Court and he received a seven‑year sentence in October 2019. McDonald appealed, claiming the trial judge, Mr Justice Owens, interrupted the cross‑examination of the complainant over 200 times and denied a corroboration warning. The Court of Appeal, led by Ms Justice Isobel Kennedy, rejected the appeal, stating the judge's interventions were to clarify questions and were not unfair. The court also noted that the judge exercised discretion in refusing a corroboration warning appropriately. McDonald's appeal was dismissed, leaving his conviction and sentence intact. Kenneth McDonald pleaded not guilty.
Patrick Shiels, 66, was found guilty of oral rape and four counts of sexual assault against his daughter, Marlene Prakash-Shiels, who was aged between four and eight at the time. The offences occurred between September 2000 and December 2004 at his address in Togher, Portlaoise, Co Laois. Shiels was also found guilty of two charges of child cruelty for forcing the victim to drink alcohol and watch pornography. This verdict followed a retrial earlier this year; Shiels had previously been convicted and jailed but was released in July 2021 after the Court of Appeal ordered a re-trial. The victim, who waived her anonymity, stated that Shiels caused "so much destruction" and showed no remorse. Prosecutors noted that the victim was placed in foster care in 2001 and that alcohol was a consistent feature of her visits to her father. Defence counsel highlighted Shiels' anxiety, depression, and alcoholism, noting he has no previous convictions. However, Mr Justice Tony Hunt stated there was little room for mitigation because Shiels does not accept the jury's verdict. The matter was adjourned to July 22 for sentencing.
In a Court of Appeal hearing, Patrick Gageby SC argued that Judge Tara Burns erred by refusing the defendant, Gheorghe Goidan, the right to cross‑examine one victim on her sexual history and by failing to discharge the jury after prejudicial material was presented. Goidan, 49, had been convicted in 2019 of two rapes and robberies of Czech sex workers, receiving 20 years' imprisonment (10 years for each rape, 7 years for robbery, concurrent). He appealed both conviction and sentence, claiming the judge's headline 17‑year sexual‑offence term was disproportionate and that his lack of prior convictions should have been weighted more heavily. The Director of Public Prosecutions upheld the conviction and sentence, citing the premeditated, ultra‑violent nature of the attacks and the victims' vulnerability. The appeal judgment remains reserved. Gheorghe Goidan pleaded not guilty.