The Court of Appeal has dismissed the conviction appeal of an unnamed 59-year-old man, upholding his July 2019 Central Criminal Court jury verdict. He was convicted of two counts of rape under Section 2, one count of rape under Section 4, and two counts of sexual assault under Section 2 of the Criminal Law (Rape) Act 1990. The offences, involving his special needs daughter, occurred between January 2003 and December 2004, and in January 2011. The appellant argued that the trial judge, Ms Justice Creedon, failed to provide an adequate corroboration warning regarding evidence from the complainant's mother. In a judgment delivered by Ms Justice Isobel Kennedy, sitting with Mr Justice George Birmingham and Mr Justice Patrick McCarthy, the court found no error in the trial judge's approach to the potentially corroborative evidence. Consequently, the conviction stands. Following the judgment, defence counsel Colman Cody SC informed the court that the man intends to appeal against the length of his sentence. He was originally sentenced on February 3, 2020, to 12 years' imprisonment, with the final year suspended on strict conditions, resulting in an effective custody period of 11 years. He was also registered as a sex offender. The matter regarding the sentence remains pending as the appeal against the conviction has been concluded.
Lawyers for Gerard 'The Monk' Hutch, accused of the murder of David Byrne at the Regency Hotel, have argued that their client would face discrimination if prevented from applying to the Special Criminal Court to dismiss the charge against him under Section 4E of the Criminal Procedure Act of 1967. Defence counsel Brendan Grehan SC stated that it would be an 'absurd interpretation' of the law to deny Mr Hutch the right to apply for dismissal simply because he was charged directly in the Special Criminal Court rather than the District Court. The matter was adjourned for a ruling on July 15. Mr Hutch, who is in custody, was present in court and was joined by his four co-accused, including Jonathan Dowdall, Patrick Dowdall, Paul Murphy, and Jason Bonney, who were also present. All five accused are due to stand trial at the Special Criminal Court on October 3. The trial is expected to last 12 weeks. The case involves the murder of David Byrne, who was shot dead at the hotel in February 2016. Mr Hutch was extradited from Spain after his final appeal against extradition was rejected by a Spanish Appeals Court. The Supreme Court has reserved its decision on appeals by Mr Hutch and Jonathan Dowdall against the DPP's decision to try them before the non-jury Special Criminal Court.
Wayne Cooney, who pleaded not guilty to the murder of Jordan Davis and possessing a 9mm semi-automatic pistol and ammunition, was sentenced by Mr Justice Tony Hunt. The judge imposed the mandatory life imprisonment term for the murder, describing Cooney as an "extremely dangerous individual" who should not be considered for release until that danger is negated. He further sentenced Cooney to 13 years each for the firearm and ammunition possession, with these terms running concurrently with the life sentence. The court heard that Cooney has 21 previous convictions. Mr Justice Hunt criticized recurring legal arguments regarding CCTV privacy as a "shocking waste of public money," urging the Court of Appeal to rule on the matter. Although the defense indicated the jury's verdict is likely to be appealed, the sentencing hearing itself was not adjourned. The judge noted that the prosecution alleged Davis owed €70,000 to a local drug dealer, and that Cooney fired eight times, striking Davis three times. The judge emphasized that Davis had a right to life, despite his alleged involvement in crime, and praised An Garda Síochána for their investigation.
The Supreme Court dismissed Gemma O'Doherty and John Waters' bid to challenge the constitutionality of Covid‑19 pandemic laws. Chief Justice Donal O'Donnell ruled that the applicants failed to present the expert or factual evidence required to show that the regulations were disproportionate or part of a conspiracy to undermine citizens' rights. The Court held that the High Court and Court of Appeal were correct in refusing leave to bring a judicial review. In a 6‑to‑1 decision, the Supreme Court rejected the appeal, noting that the applicants had relied on unsubstantiated views and rhetoric rather than evidence. A dissenting judge, Gerard Hogan, argued that the measures' impact on constitutional rights warranted scrutiny, but the majority upheld the lower courts' findings. The decision ends the legal challenge to the Covid‑19 legislation.
Daniel Murtagh, aged 34, has filed affidavits to appeal his murder conviction for the death of 30‑year‑old Nadine Lott, who was severely beaten at her St Mary's Court apartment in Arklow on 17 December 2019. Murtagh pleaded guilty to manslaughter but denied murder; the State rejected this plea and he was convicted by a unanimous jury. Sentenced to mandatory life imprisonment in October, the judge described the crime as brutal and cited emergency services evidence of terror and brutality. Murtagh's appeal requires two affidavits, one already filed and a second expected by lunch. The Court of Appeal will mention the case again on 15 July. Lott's mother, Claire Lott, testified that her daughter was unrecognisable after the attack and that the violence was "total carnage." The jury found no defence of intoxication, rejecting Murtagh's claim that alcohol prevented intent. The case remains at the Court of Appeal stage.
A 39-year-old man from Tipperary has been jailed for nine years for repeatedly raping and sexually assaulting his young son, beginning when the child was just 12 months old. The man was convicted after a trial last December of three counts of oral rape and three counts of sexual assault committed between 2007 and 2014. The abuse was disclosed in 2016 when the child informed a relative of the incidents. During the sentencing hearing, Mr Justice David Keane noted the difficulty in assessing the weight of character references from family members and commented on the lack of remorse from the offender, who continues to deny the offences. The judge set a headline sentence of 11 years but reduced it to nine years, citing the offender's denial of the allegations and lack of engagement in rehabilitation. The sentence was backdated to December 15 last year, when the man entered custody. The judge imposed three years of post-release supervision, requiring the offender to engage in offence-focused work and comply with Probation Services. The matter is currently in the appeal stage.
An appeal by former Sinn Fein councillor Jonathan Dowdall, aged 44, against the High Court's refusal to overturn the Director of Public Prosecutions' decision to try him for the Regency Hotel murder at the Special Criminal Court, has been struck out by the Court of Appeal. Dowdall and Gerry 'The Monk' Hutch, aged 58, are charged with the murder of David Byrne, 33, at the Regency Hotel in Whitehall, Dublin, on 5 February 2016. Both men had sought judicial review at the High Court, arguing that a non‑jury trial before the SCC would be unlawful and a breach of their fundamental rights, claiming the court was a permanent institution established on a temporary basis. Mr Justice Anthony Barr dismissed the actions, ruling that the legislation was not temporary and had no temporal limit. The Court of Appeal struck out Dowdall's appeal, following a decision by the Supreme Court to hear the Hutch and Dowdall appeals next Tuesday.
The Court of Appeal heard that the posting of Aaron Brady's trial transcripts on social media is being kept under review by the Director of Public Prosecutions. Aaron Brady, 31, was jailed for life for the capital murder of Detective Garda Adrian Donohoe, with a minimum term of 40 years. He was also sentenced to 14 years for the robbery of €7,000 at Lordship Credit Union, a sentence running concurrently with the life term. The transcripts, from the State's longest murder trial, were posted on Facebook by his father, Tony Brady, in support of Aaron's appeal against conviction. This action contravened instructions from Mr Justice George Birmingham, who had permitted transcript release solely for the appellant's use without further distribution. At a brief hearing, Lorcan Staines SC, for the DPP, stated that nothing further was required from the court at this time and that the matter was being kept under review. Michael O'Higgins SC, for Aaron Brady, accepted that the material should not have been posted and assured the court it would be removed. The appeal against the murder conviction was lodged in October 2020.
William Twomey appealed his conviction at the Court of Appeal, arguing he effectively withdrew from a joint enterprise to rob and extort businessman Edward McAndrew in Co Louth in 2017. Twomey, 58, was found guilty at the Special Criminal Court of robbery, assault, and demanding money with menaces, though acquitted of false imprisonment. His counsel, Dominic McGinn SC, contended that Twomey communicated his withdrawal to co-accused Anthony Finglas, gardaí, and the PSNI, negating his mens rea at the time of the attack. The prosecution, represented by Anne Marie Lawlor SC, countered that Twomey was the "architect" of the plan and failed to demonstrate effective withdrawal, noting the fruits of the crime were made available to him. The court heard that Finglas, 51, pleaded guilty to demanding money with menaces and was sentenced to four years and nine months in December 2020. The appeal judges questioned whether vague warnings to police constituted valid withdrawal. Presiding Judge George Birmingham stated the Special Criminal Court properly determined the facts and law. The Court of Appeal reserved its judgment, meaning the matter was adjourned pending a decision.
Edward McDonnell, a convicted sex offender aged 57, was sentenced to nine years' imprisonment by the Special Criminal Court for unlawful possession of a Grand Power G9 semi‑automatic pistol. The pistol was found in a car driven by Stephen Little, 48, who was also charged with possession of the weapon in suspicious circumstances. Little was sentenced to six years. McDonnell's appeal to the Court of Appeal was dismissed. The appeal argued that the disparity between McDonnell's nine‑year sentence and Little's six‑year sentence was an error, citing differences in plea timing, previous convictions and alleged involvement in a revenge plot for the murder of Sean Little, 22, who was shot dead in May 2019. The Court of Appeal, with Mr Justice McCarthy presiding, found no basis for the disparity and upheld the nine‑year sentence. Stephen Little pleaded guilty.
In 2018, 33‑year‑old Lawrence Mubango, of Inchicore, Dublin, stabbed two friends, Ashely Ncube and Nhlanhla Nduli, during a drug‑induced paranoid attack. Paramedics found Ncube with intestines protruding from his abdomen. Mubango claimed he feared the men would rape his partner, but the court found no basis for this. Judge Pauline Codd sentenced him to 10 years' imprisonment with 18 months suspended, citing the seriousness of the assault. Mubango appealed, arguing the judge had misidentified the headline term of 12½ years. The Court of Appeal, led by Mr Justice Patrick McCarthy, rejected the appeal, affirming the original sentence and noting the reduction to eight‑and‑a‑half years was a substantial discount. Mubango's defence highlighted drug‑fuelled paranoia and spontaneity, but the court upheld the seriousness of the offence and the appropriate sentencing. The case remains at the appellate stage. Lawrence Mubango pleaded guilty.
A 29‑year‑old man was convicted of rape in September 2020 and sentenced to 10 years' imprisonment, with the final three years suspended, after a jury found him guilty of raping a 17‑year‑old girl in Midleton, Co Cork, in August 2017. He appealed, arguing that Judge Mr Justice Alexander Owens had frequently and excessively intervened during the examination and cross‑examination of his evidence, thereby prejudicing the trial and rendering it unfair. The Court of Appeal quashed the conviction on 28 June 2020, stating that the judge's interventions were likely to have rendered the trial unsafe. James Dwyer SC, for the Director of Public Prosecutions, informed the court that the State would need time to digest the judgment before deciding on a retrial. The man was remanded on continuing bail, and the case will return to the Central Criminal Court for a retrial date to be set.
The Court of Appeal heard an appeal from a 71-year-old Polish national convicted of six counts of rape, including two contrary to common law and four under Section 4 of the Criminal Law (Rape) (Amendment) Act 1990. He had pleaded not guilty but was found guilty at the Central Criminal Court in July 2019. Ms Justice Tara Burns sentenced him to 15 years, stating a life sentence would have been appropriate absent mitigating factors related to his age and health. The appellant argues the trial was unsafe because the complainant alleged during cross-examination that he was a Russian mafia member and had murdered a man in Russia. Counsel for the appellant, Michael Bowman SC, contended these prejudicial claims compromised the fair trial and required the jury to be discharged. Patrick McGrath SC, for the Director of Public Prosecutions, argued the trial judge correctly directed the jury to disregard the irrelevant remarks and that the appeal attempts to reconstruct the case. The judge noted the complainant described the accused as treating her like a slave and sex object between September 2012 and January 2016. The accused has prior convictions for rape in Poland and a three-year sentence for threatening to kill in Ireland. Judgment on the appeal has been reserved.
In 2020 a man was convicted of raping a 17‑year‑old in Midleton, Co Cork, and sentenced to ten years' imprisonment, three of which were suspended. He appealed, arguing that Judge Alexander Owens had made excessive interventions during his examination and cross‑examination, thereby prejudicing his evidence and rendering the trial unsafe. The Court of Appeal, led by Justice Isobel Kennedy, found that while some interventions can be necessary, Owens' repeated questioning went beyond permissible limits and likely made the trial unfair. The appeal court quashed the conviction. The defendant remains in custody, with bail conditions preventing contact with prosecution witnesses, and the case is adjourned pending the State's decision on a retrial. The appeal also addressed the admissibility of the defendant's Google searches, which the court considered irrelevant to the trial. The decision was delivered on 28 June 2022.
The Court of Appeal has upheld the 18-year prison sentence imposed on John Murphy, rejecting his appeal that the term was excessive, disproportionate, and unfair. Murphy, formerly of Foxford, Co Mayo, had pleaded guilty to numerous counts of rape, indecent and sexual assault against his daughter, Sophia Murphy, at locations in Co Galway and Co Mayo between 1988 and 2001, when she was aged three to 15. He also admitted to one count of sexual assault in 2010. In July 2018, Mr Justice Michael White at the Central Criminal Court sentenced him to consecutive terms totalling 18 years, noting the headline term for the "depraved" offences was life. Murphy's counsel argued the sentence failed to adequately weight mitigation, including his early guilty plea. However, Ms Justice Aileen Donnelly, sitting with Mr Justice George Birmingham and Ms Justice Isobel Kennedy, found no error in principle in the original sentencing. The court highlighted the victim's age and the ultimate breach of parental trust as key aggravating factors. Sophia Murphy, who waived anonymity, expressed relief at the decision, stating it validates her experience and encourages other victims to speak out. The judgment confirms the original sentence remains in effect.
Stephen Gibbons, a convicted person linked to Cornelius Price, appealed to the Court of Appeal against his May 2021 jury conviction for unlawfully possessing a 9mm Makarov PM-63 RAK submachine pistol. Gibbons, who denied the charge, was found not guilty of possessing ammunition at the same location in Co Meath. His legal team argued the verdict was logically inconsistent, noting that a single hair on the weapon was used to convict him despite the ammunition being found in the same bag, for which he was acquitted. The prosecution countered that the jury understood the distinction between the counts and that the DNA evidence was not the sole basis for the conviction. The Court of Appeal has reserved its judgment, meaning the matter is adjourned and not yet concluded. At his earlier sentence hearing, Judge Martina Baxter backdated the sentence to April 2020, citing the association of the firearm with organised criminality as an aggravating factor. Gibbons remains on Price's land in Gormanstown, having previously married Price's aunt.
During a sentencing hearing in the High Court, Mr Justice David Keane said that character referees for convicted criminals should be required to appear in court for cross‑examination. The judge was hearing the case of a 38‑year‑old Tipperary man convicted of repeated rape and sexual assault of his son, who was aged between one and eight at the time of the offences. Lawyers had requested that the court receive character references from the man's partner, parents and GP. Mr Justice Keane referred to a recent Court of Appeal dicta that any person wishing to give a character reference must be present in court and available for cross‑examination, and he suggested that references from family members might be given limited weight. The judge also noted that the victim, now a teenager, had stated that the abuse had no lasting effect on him. The case was adjourned to 1 July, and the defendant was remanded in custody.
In February 2020, Martin Feehan, 42, was convicted of dangerous driving causing serious bodily harm after a reckless overtaking manoeuvre on the Mallow‑to‑Cork road in Granagh, Co Cork, on 16 February 2015. The incident left 40‑year‑old Brid Hallihan with a broken pelvis and months of hospital treatment. Feehan was sentenced by Judge Seán Ó Donnabháin to a three‑year suspended sentence and a 20‑year driving ban. In March 2022, Feehan appealed the conviction and sought to reduce the ban. The Court of Appeal, after hearing arguments, quashed the 20‑year ban and substituted a 10‑year ban, back‑dated to the original sentencing date of 6 February 2020. The conviction itself remained upheld. The case highlighted the severity of the offence and the court's stance on public safety.
The Court of Appeal has increased the prison term of Nathan Doherty (24), of Legan, Co Longford, who was convicted of a violent attack on Derek Murphy. Doherty pleaded guilty to intentionally or recklessly causing serious harm and producing an article capable of causing serious harm. He was originally sentenced by Judge Keenan Johnson at Mullingar Circuit Criminal Court to six years' imprisonment, with the final three years suspended for ten years, plus €30,000 in compensation. The Director of Public Prosecutions appealed the suspended portion, arguing the reduction was a substantial departure from similar cases. Mr Justice Patrick McCarthy, reading the three-judge court's decision, quashed the original sentence on grounds of deterrence. He re-sentenced Doherty to six years' imprisonment with the final year suspended for two years. The financial restitution was severed from the custodial term via a separate order under Section 6 of the Criminal Procedures Act. Doherty is now ordered to pay €25,000 in compensation to Mr Murphy in annual instalments of €5,000, commencing ten months after his release. The court noted the attack was extremely violent, involving a broken curtain pole forced into the victim's anus. Separately, Derek Doherty (52), of Vicarstown, Ballymahon, Co Longford, was recently sentenced to 80 months in prison, with the final 17 months suspended, at Longford Circuit Criminal Court for his role in the incident. Counsel for Nathan Doherty argued his client was goaded by his father, while the DPP maintained the original sentence was insufficient censure.
John Giltrap, 61, of Termonbarry, Bunclody, was found guilty of 20 counts of raping Caroline Kavanagh, aged 10 to 15, at various sites in Bunclody between December 1978 and March 1982. He had pleaded not guilty to 22 counts. In December 2020, Mr Justice Michael McGrath sentenced him to 11 years' imprisonment on each count. Giltrap appealed for a reduction, arguing that he was 18 to 23 at the time of the offences, that his relationship had dissolved, that he was married with children, and that his health was poor. The Court of Appeal dismissed his appeal in January. Today, Mr Justice John Edwards upheld the 11‑year sentence, stating there was no error in principle and that the original judge had already applied generous mitigation. The appeal was dismissed.
In July 2021 the Dublin Circuit Criminal Court found that a director of Telstar Investments LTD, along with two staff members, had removed a small number of unstable ceiling tiles from a courtyard being redeveloped by another company. The tiles were later confirmed to contain brown asbestos. The company, acting as an employer, failed to conduct work activities in a way that reasonably protected the safety, health and welfare of its employees. A guilty plea was entered on the company's behalf and Judge Martin Nolan imposed a €7,500 fine and costs, to be paid within four months. At the Court of Appeal, the Director of Public Prosecutions argued the fine was unduly lenient and not a sufficient deterrent, citing the company's assets and the known risks of asbestos. The judgment was reserved.
The Court of Appeal heard an appeal by the Director of Public Prosecutions regarding the sentence imposed on Nathan Doherty (24), of Legan, Co Longford. Doherty pleaded guilty to intentionally or recklessly causing serious harm and producing an article capable of causing serious harm for an attack on Derek Murphy in June 2018. He was sentenced to six years' imprisonment, with the final three years suspended for ten years, and ordered to pay €30,000 in victim compensation. The DPP argued the suspended portion was unduly lenient, describing the assault as vile and sadistic. In response, counsel for Doherty highlighted mitigating factors, including his status as a first-time offender and his early guilty plea. Counsel also referenced the separate sentencing of Derek Doherty (52), of Vicarstown, Ballymahon, Co Longford, who was sentenced to 80 months in prison with the final 17 months suspended for his role in the incident. The defence argued that the father had instructed the son to attack the victim. The Court of Appeal has reserved its judgement on the appeal.
James Howlin, 29, of Bray, was jailed after pleading guilty to possessing cocaine with intent to supply. He was originally sentenced to 10 years, the mandatory minimum for the offence under the Misuse of Drugs Act 1977. The Court of Appeal found the judge had erred by ignoring mitigating factors such as Howlin's early guilty plea and his status as a chronic addict who moved the drugs to pay a debt. The appeal was allowed and the 10‑year term was quashed. The new headline sentence was seven‑and‑a‑half years, reduced by one year for the early plea and another year to encourage rehabilitation. The Court noted the original judge had not considered these factors in the first instance. The decision was made by Mr Justice John Edwards, with Ms Justice Isobel Kenendy and Ms Justice Úna Ní Raifeartaigh.
The Court of Appeal has dismissed the appeal of Conor Quaid, upholding his conviction for rape. Quaid, 27, of Monaree, Dingle, Co Kerry, had pleaded not guilty to raping a family friend at a place in the county on June 10, 2018. A jury at the Central Criminal Court in Cork found him guilty by a 10-to-1 majority verdict in September 2020, and he was sentenced to six-and-a-half years' imprisonment by Ms Justice Mary Rose Gearty. Quaid appealed on the grounds that the trial judge erred in defining recklessness regarding consent and placed undue pressure on the jury to reach a verdict. In a judgment delivered by Ms Justice Isobel Kennedy, the Court of Appeal rejected all grounds. The court found that the jury was not advised that drunkenness equates with recklessness and that the judge merely informed them that a new trial would be required if they failed to reach a verdict. The appeal hearing was presided over by Mr Justice George Birmingham, sitting with Mr Justice John Edwards and Ms Justice Kennedy. Counsel for Quaid, Michael Bowman SC, argued alcohol was a feature of the case, while Vincent Heneghan SC for the Director of Public Prosecutions maintained the judge's charge was practical. The court concluded the jury was not under confusion regarding the issues, thereby sustaining the original conviction and sentence.
In a 2022 Court of Appeal hearing, the defence of a 17‑year‑old convicted of murdering 14‑year‑old Ana Kriegel argued that the garda interviews used to convict him were conducted with "manipulation and pressure." The lawyers cited a forensic psychologist's report that the 13‑year‑old's interviews were "inadequate" and "inappropriate" for his age, noting the length, repetition and use of pressure. They sought to introduce this report as fresh evidence to challenge the admissibility of the interviews. The prosecution maintained that the defendant had never disputed his statements to the garda and that the detectives had used "valid" rapport‑building techniques. The court reserved judgment, intending to decide before the end of the legal term in late July, with the substantive appeal to follow. The case remains at the appeal stage, with no further convictions or sentences addressed in the article.
In June 2022, the Court of Appeal struck out an appeal against the conviction and sentence of Declan Byrne, a 35‑year‑old former resident of Spencer Dock, Sheriff Street, Dublin. Byrne had been jailed for eight years for his role in a series of "vicious and savage assaults" outside a nightclub in Ashbourne, Co. Meath, on 1 August 2016. He pleaded not guilty to one count of violent disorder, one count of causing serious harm, and three counts of causing harm, but a jury at Trim Circuit Criminal Court found him guilty in March 2020. He received a nine‑year sentence with 12 months suspended. Byrne, now in Midlands Prison, had previously sought appeals that were adjourned when he changed counsel. The latest appeal hearing was scheduled for that day, but his new barrister, Keith Spencer BL, requested another adjournment to review CCTV footage and notes from Byrne's former legal team.
A 37‑year‑old man, jailed for repeatedly raping his younger brother, had his conviction quashed by the Court of Appeal after the trial judge erred by not giving reasons for allowing evidence of the man's interviews with Gardaí to be presented to the jury. The man had claimed he was "induced" into confessing during a two‑hour interview, where he admitted to being a "bastard of a brother but not a rapist". The Court of Appeal held the judge was obliged to explain why he allowed the interview evidence, a requirement the judge failed to meet. The conviction was quashed and the State is seeking a retrial. The case involved 10 counts of oral rape, 7 counts of assault causing harm and one count of intimidation, with the jury having found the man guilty on all assault counts and two rape counts. The man was originally sentenced to nine years by Mr Justice Michael White. The unnamed 37-year-old pleaded not guilty.
Graham Dwyer, aged 49, is set to file appeal submissions by 15 July after the Court of Appeal confirmed the case could be heard in autumn. The appeal stems from a 2022 European Court of Justice ruling that indiscriminate retention of mobile phone data breaches EU law, a key element in his 2015 conviction for murdering childcare worker Elaine O'Hara. Dwyer's lawyers argue that metadata used at trial was unlawful under the 2011 Communications (Retention of Data) Act, which the EU Court found invalid. The appeal will address whether the data should have been admissible and whether his conviction should be quashed. The Director of Public Prosecutions will need time to respond, and the case is unlikely to be heard before the October court term. The appeal will be revisited in July for progress updates. Dwyer was convicted by a jury at the Central Criminal Court in 2015 for O'Hara's murder on 22 August 2012.
The Court of Appeal upheld a 10‑year prison sentence for a 31‑year‑old man convicted of intentionally or recklessly infecting two women, including his wife, with HIV. The man had unprotected sex with the women between November 2009 and June 2010, despite being diagnosed HIV‑positive in 2008 and advised to take antiretroviral medication. He was found to have a positive viral load in 2010, indicating he had not been taking his medication. The trial jury rejected his plea of not guilty and convicted him under Section 4 of the Non‑Fatal Offences Against the Person Act. He appealed, arguing the trial judge failed to properly explain scientific evidence and that phylogenetic testing was necessary. The Court of Appeal dismissed the appeal, noting that such testing could not be reasonably carried out and that the evidence presented was sufficient for conviction. The judge described the man's behaviour as "grossly reprehensible" and noted his remorse and difficult upbringing.
In 2020, a 72‑year‑old man was convicted of raping his 16‑year‑old niece at her grandparents' farmhouse in 1978 and sentenced to four years and six months' imprisonment. He appealed, arguing that jurors had begun deliberations early and were allegedly bullied, citing an anonymous letter. The Court of Appeal rejected the appeal, finding no evidence of premature deliberations or misconduct. The judge noted the offence was aggravated by the victim's age and the setting, and that the defendant's poor health made him a poor candidate for prison. The victim, who described the assault in a victim impact statement, was a child at the time and the case was heard in the Central Criminal Court. The appeal was dismissed by the three‑judge panel, with no change to the conviction or sentence. The unnamed 72-year-old pleaded not guilty.
The High Court granted a temporary injunction on an ex-parte basis, preventing Brian McDonagh from trespassing on or interfering with 82 acres of land at Mount Kennedy, Kilpedder, Co Wicklow. The order was made in favour of Fane Investments Limited, which alleges that McDonagh, a former owner, is obstructing access to the property, which has planning permission for a data centre. Ms Justice Nuala Butler issued the order after being satisfied by the evidence presented. Fane Investments, represented by Frederick Gilligan BL, claims it acquired the land from Ulster Bank in 2021 and leases it to local farmers. Counsel alleged that McDonagh has repeatedly cut gate locks, replaced them with his own, parked vehicles to block access, and acted aggressively towards agents. It was further alleged that McDonagh claimed ownership in correspondence and threatened to report interference with livestock to the Gardaí. Counsel noted that while McDonagh and his brothers Maurice and Kenneth were involved in lengthy proceedings with Ulster Bank, that action was resolved in favour of the bank by the Court of Appeal last April. The current injunction proceedings will return before the High Court later this month.
Brendan Treanor, 33, who is charged with participating in the January 25, 2013, robbery of the Lordship Credit Union in Co Louth, will apply for bail for a third time after the Special Criminal Court adjourned his trial. Prosecution counsel Lorcan Staines SC stated the State intends to try Treanor alongside James Flynn, 31, who is currently awaiting an appeal against his extradition from the UK. Staines indicated the extradition process is expected to conclude by the end of July, after which legal preparation for a trial estimated to last six months would be required. Defense counsel Sean Guerin SC argued that Treanor, who is currently in custody, has a right to a speedy trial and requested his case proceed separately without delay. Mr Justice Hunt acknowledged Treanor's rights but noted the undesirable nature of running two lengthy trials separately and the associated costs. Consequently, the court set a new trial date for January 11. Guerin confirmed Treanor will seek a new bail hearing in light of this decision, which is scheduled for June 16 before the Special Criminal Court. The robbery resulted in the death of Detective Garda Adrian Donohoe, who was shot dead during a cash escort ambush by a five-man gang that fled with €7,000.
The Workplace Relations Commission (WRC) ruled that the dismissal of an unnamed civil servant was unfair, a decision described as an appeal-stage adjudication. The appellant, a full-time Executive Officer with 12 years' service, was dismissed by the Secretary-General of a government department in August 2019 for serious misconduct. This decision overturned a recommendation by the Disciplinary Appeals Board (DAB) to demote the man to Clerical Officer. WRC Adjudication Officer Michael McEntee found that the Secretary-General's intervention breached natural justice, as the appellant was not given an opportunity to further state his case before the ultimate penalty was imposed. The officer awarded the appellant €40,000 in compensation, noting that the structural issue of a single senior officer overturning a DAB finding was at fault. The ruling absolved the Secretary-General of personal blame, stating the decision was made without external pressure, but concluded that the process failed to meet the highest standards of natural justice required for such a grave action. The appellant had previously alleged bullying and disproportionate penalty, while the department maintained the dismissal was necessary due to serious performance flaws.
Martin Jude Wall, 47, an Irish sex offender who fled the United States after a probation officer allegedly told him to live in a tent, lost his appeal against extradition to the US. The Court of Appeal ruled that Wall would be returned to custody rather than a "colony of homeless sex offenders." Justice Aileen Donnelly dismissed his appeal, noting that the most likely outcome upon return would be a term of imprisonment. Wall's lawyers argued a real risk of inhuman treatment under Article 3 of the European Convention of Human Rights, but the court found no evidence of such risk. The decision to extradite was upheld, and Wall, who was convicted in 2012 of attempting to entice a child for indecent purposes, will be incarcerated in the United States if returned. The case remains at the extradition stage, with no further verdicts announced. Martin Jude Wall pleaded guilty.
Joseph Behan, 46, was convicted by a jury at the Circuit Criminal Court for robbery, attempted robbery, assault causing serious harm, assault causing harm, possession of a firearm and reckless discharging of the firearm after a raid on Mizzoni's Pizza in Raheny on 1 January 2019. He was jailed for 15 years. Behan appealed to the Court of Appeal and then to the Supreme Court, arguing that a search warrant issued for his home was unlawful because the Divisional Detective Superintendent who granted it was not independent of the investigation, as required by Section 29(5) of the 1939 Offences Against the State Act. The Supreme Court dismissed the appeal, ruling that the warrant was lawful and that any error made had no practical effect on the conviction. The court split 3‑2 on the statutory interpretation, but all judges agreed that the conviction should stand. The case was decided on 30 May 2022.
The Supreme Court upheld a finding that the 2003 murder conviction of Somali‑born Yusuf Ali Abdi was a miscarriage of justice. Abdi, who had spent 16 years in prison, was found not guilty by reason of insanity at a retrial in 2019 after new psychiatric evidence showed he suffered from paranoid schizophrenia at the time of the killing of his 20‑month‑old son, Nathan. The Court of Appeal had quashed the original conviction and ordered the retrial, which resulted in an acquittal. The Supreme Court, hearing an appeal from the Director of Public Prosecutions, dismissed the appeal and confirmed that Abdi was entitled to a Section 9 certificate for compensation. The decision clarified the legal test for a miscarriage of justice and the role of insanity in criminal liability. The ruling reaffirmed the earlier judgments of the Central Criminal Court and the Court of Appeal.
Martin Aylmer pleaded guilty in the Special Criminal Court to participating in or contributing to the murder of Noel "Duck Egg" Kirwan in 2016 and the attempted murder of James 'Mago' Gately. The court heard that Aylmer imported electronic tracking devices used by a criminal organisation to monitor the victims, who were targeted due to perceived links to the 2016 murder of David Byrne. Aylmer, described by the judge as occupying the lowest level of the gang's cellular structure, admitted to travelling to Leeds in the UK under his own name to purchase the devices. The judge noted that Aylmer made a "schoolboy error" by using his own identity and vehicle, which allowed Gardaí to trace the devices to him. Although Aylmer had previously been sentenced to six years for buying mobile phones for the gang involved in the 2016 murder of Michael Barr, this current appeal-stage hearing focused on his new convictions. The defence argued that Aylmer's involvement was limited to importing the devices and that he has potential for rehabilitation. The judge acknowledged Aylmer's lack of criminal sophistication but stated he would pass sentence on July 29. Consequently, the matter was adjourned and not concluded at this stage.
Vesel Jahiri, 40, appeared before the Court of Appeal to discuss his appeal against a life sentence for the murder of Anna Finnegan and the assault on her brother, Karl Finnegan. Jahiri was found guilty by a Central Criminal Court jury of both charges, having pleaded not guilty. The court heard that Jahiri intends to conduct his own appeal because he has been unable to secure legal representation. He informed Mr Justice George Birmingham that he had unsuccessfully attempted to engage a solicitor. The judge responded that thousands of solicitors are available on the legal aid panel and advised that it would be unwise for the appellant to represent himself, noting the complexity of criminal law. The matter was adjourned until July 25 to allow Jahiri additional time to locate a lawyer. This procedural stage follows a trial in which Jahiri assaulted the prosecutor, Patrick Marrinan SC, after dismissing his legal team. The original conviction stemmed from an attack at Allendale Glen, Clonsilla, Dublin 15, on September 21, 2012, where Jahiri stabbed Ms Finnegan to death and injured her brother.
In May 2022, Aaron Brady's trial transcripts were posted on Facebook by his father, Tony Brady, despite a court order prohibiting further dissemination. The Court of Appeal heard that the transcripts had been released to lawyers on both sides in July 2021, but the father had shared them online with commentary that the Director of Public Prosecutions described as "dubious" and potentially contemptuous. Lawyers for Brady acknowledged the mistake and agreed the posts would be removed by the end of the day. The case was adjourned until July 1, 2022. The matter arose after Brady, convicted of murdering Garda Adrian Donohoe in 2013, had previously released trial materials on social media as part of a campaign to free him. The court noted that Brady's appeal was pending and that the transcripts should be used only for that purpose. The incident highlighted the court's concern over the unauthorized public release of sensitive trial documents.
A 43-year-old truck driver from Ballyshannon, County Donegal, has been sentenced to seven years' imprisonment by the Court of Appeal after his original suspended sentence was deemed unduly lenient. Ciaran Lawn pleaded guilty to possession of a controlled substance for sale or supply following his arrest in December 2019 near Ardee, County Louth, while transporting drugs valued at approximately €900,000. The Director of Public Prosecutions successfully appealed the three-year wholly suspended sentence imposed by Dundalk Circuit Criminal Court in July 2021. At the Court of Appeal hearing in March, Mr Justice Patrick McCarthy, sitting with the Court President and another judge, imposed a seven-year custodial term with the final three years suspended. The court determined an appropriate headline sentence for the offence would not be less than ten years. Gardaí recovered vacuum-sealed packages containing cannabis and cocaine from a van during the operation.
Stephen Ennis, 32, of Crumlin, was sentenced to a four‑year prison term for stabbing a foreign‑national doctor at St James' Hospital on 7 March 2020. The original one‑year sentence was quashed and the Court of Appeal, applying a 40 per cent premium for attacks on medical staff, increased the term to four years. The judge reduced the term by one year to account for Ennis' attempts to address his drug addiction after a recent return to custody, and suspended the final six months of the three‑year custodial period. Ennis, who has 72 prior convictions and a history of drug use, was warned that the outcome would depend on probation reports. He had been detained on drugs and shoplifting charges and had suffered a relapse during the intervening period. The doctor, who had moved to Ireland to become an emergency medicine consultant, was left "shattered" by the assault. Stephen Ennis pleaded guilty.
The Court of Appeal has dismissed the appeal of an unnamed 71-year-old convicted child sex offender, allowing two separate circuit court trials to proceed. The appellant, who faces 270 counts of historic abuse against six minors alleged to have occurred between December 1978 and March 1993, had previously sought a High Court judicial review to halt the proceedings. He argued that the death of potential witnesses, the delay in bringing charges, and media publicity prejudiced his right to a fair trial. Ms Justice Miriam O'Regan rejected these claims in a January 2021 High Court judgment. In the subsequent appeal, Court President Mr Justice George Birmingham, sitting with Mr Justice John Edwards and Ms Justice Úna Ní Raifeartaigh, upheld the lower court's decision. The three-judge panel noted that the appellant's prior imprisonment for the sexual abuse of other minors was of central significance. Mr Justice Birmingham dismissed the appellant's suggestion that Gardaí inaction in 1987, when one alleged victim initially complained but did not follow up, as speculative. The court concluded that the issues raised were matters for the trial judge to address, stating it was not appropriate to halt the forthcoming trials. The appellant remains a convicted and sentenced person, and the matter is now set for trial.
The Court of Appeal quashed a wholly suspended sentence that had been handed to a 21‑year‑old man who admitted raping his eight‑year‑old niece when he was 14. The original non‑custodial term was deemed unduly lenient. The appeal judge imposed a new headline term of seven‑and‑a‑half years, reduced by one‑third for mitigating factors such as the offender's autism diagnosis and his age at the time of the offence. Two‑and‑a‑half years of that term were suspended, leaving a custodial period of five years. The man had pleaded guilty to multiple counts of rape, sexual assault and using technology to facilitate the sexual exploitation of a child between May 2016 and April 2019. He was taken into custody after the judgment was delivered.
In a 2022 case, senior barrister Diarmuid Rossa Phelan, 53, was charged with the murder of Keith Conlon, 36, at Hazelgrove Farm, Tallaght, on 22 February. Conlon was shot, severely injured, and died two days later. Phelan was remanded after appearing at Tallaght District Court on 25 February, and a bail application was initially refused by the High Court. The Court of Appeal overturned that decision, granting bail after two €50,000 bonds were lodged. At a Court of Appeal hearing, Phelan's lawyers requested to interview four eyewitnesses—foreign students who were present during the shooting—using remote technology. The State objected, citing the Book of Evidence not yet served, but the Court of Appeal allowed the request, excluding a fifth witness not a student. The ruling clarified that the State could not interfere with the accused's right to defend once the Book of Evidence is served.
The Supreme Court has agreed to hear appeals by Gerard 'The Monk' Hutch and Jonathan Dowdall aimed at preventing their trials before the Special Criminal Court from proceeding. Both men are charged with the murder of David Byrne at the Regency Hotel in Dublin in 2016. In a related development, defence counsel for Mr Hutch asked the Special Criminal Court for permission to make an application under Section 4E of the Criminal Procedure Act 1967 to dismiss the charge due to alleged insufficient evidence. Ms Justice Tara Burns agreed to hear a preliminary application on June 15 to determine if the court has jurisdiction to hear this request. Mr Hutch, who is in custody, was not present for the brief hearing. A trial date has been fixed for October 3, 2022, when Mr Hutch is expected to go on trial alongside four other co-accused. Mr Dowdall, the third man charged in connection with the killing, is also scheduled to stand trial with three other co-accused on the same date. The shooting occurred during a boxing weigh-in when armed men, some disguised as gardaí, stormed the venue. Mr Hutch was extradited from Spain after his final appeal against extradition was rejected. Any evidence heard during the preliminary application cannot be published or broadcast.
In May 2022 the Court of Appeal moved the hearing of a motion to introduce fresh evidence in the appeal of Boy B, the 13‑year‑old convicted of murdering 14‑year‑old Ana Kriegel in 2018. The original date of 17 June was postponed to 22 June because a judge was unavailable. Boy B, who was sentenced to 15 years' detention with review after eight years, was not present at the hearing. The motion seeks to amend the grounds of appeal and add new evidence, including a clinical psychologist's report that Boy B suffered post‑traumatic stress disorder after witnessing the assault and that his statements to Gardaí did not prove guilt. The Court noted that the appeal will focus solely on the conviction, not the sentence. Boy B and his co‑accused Boy A remain detained at Oberstown Children Detention Campus. The case was originally tried in the Central Criminal Court using Children's Court procedures.
In a 3‑2 Supreme Court ruling, the court upheld a 14‑year‑old's conviction for sexual assault after he repeatedly smacked a six‑year‑old boy's bare buttocks in a field. The court held that the offence is wholly objective and no proof of sexual motive is required when an assault occurs in indecent circumstances. The majority, led by Justice Charleton, affirmed that the prosecution need only show non‑consensual touching that creates indecent circumstances. The dissent, led by Justice Hogan, argued that a sexual motive should have been proven and that the conviction should have been replaced with a common assault charge. The case had previously been upheld by the Court of Appeal and the teen had been under probation supervision until 2023. The Supreme Court's decision confirms that the crime of sexual assault is defined by the objective nature of the act rather than the accused's intent.
A 40‑year‑old father was convicted of sexually assaulting his nine‑year‑old daughter while she slept in his bed, a conviction that was quashed on appeal. The conviction had been obtained after a jury trial at Dublin Circuit Criminal Court, where the man was sentenced to three years and four months' imprisonment. His lawyers argued that the jury had not been properly directed to consider the lack of evidence of intent and that the trial judge had allowed the jury to convict solely on the complainant's testimony without requiring corroboration. The Court of Appeal, after reviewing the case, found that the jury had not been given sufficient guidance on whether the accused was awake or asleep, a factor of central importance, and therefore quashed the conviction. The State has requested a retrial, and the defendant remains remanded on bail with a condition that he not contact the complainant. The unnamed man pleaded not guilty.
In a Court of Appeal hearing, the Director of Public Prosecutions (DPP) argued that a 21‑year‑old man who had pleaded guilty to raping his eight‑year‑old niece and to other sexual offences should receive a longer custodial sentence than the five‑year suspended term imposed by Ms Justice Deirdre Murphy. The DPP contended that the man's claim of being a victim of a "societal problem" – specifically the influence of pornography – had unduly mitigated his culpability. The DPP cited evidence that the man had viewed pornographic material since age nine, had used a gaming app to send explicit messages to the victim's mother, and had threatened the victim's younger sister. The court noted that the suspended sentence was rare and that a pre‑mitigation sentence of 10‑12 years would have been appropriate if the offence had been committed by an adult. The judge's decision was reserved.
A 49‑year‑old man was sentenced to five years' imprisonment for sexually assaulting his 10‑year‑old niece at a sleepover on 27 November 2016. He pleaded not guilty, but a jury found him guilty of one count under Section 2 of the Criminal Law (Rape Amended) Act 1990. Judge Patrick Meghen imposed the sentence at Kilkenny Circuit Criminal Court in June 2021. The man, who was 43 at the time of the offence, appealed, arguing the sentence was excessive and disproportionate. On appeal, the Court of Appeal quashed the five‑year term, citing a fundamental error in treating his refusal to accept the verdict as an aggravating factor and the failure to suspend any portion of the sentence. The court reinstated the original seven‑year sentence with three years suspended, effectively reducing the custodial term by one year.