A 40‑year‑old father was convicted of sexually assaulting his nine‑year‑old daughter between 1 January and 30 April 2017, after a trial at Dublin Circuit Criminal Court. He was sentenced to three years and four months' imprisonment. The conviction was based on the daughter's allegation that he had placed his hands on her front and back, touching her vagina and anus, while she slept. The father denied the allegation, claiming he did not remember any incident. He appealed, arguing that the court had not established intent and that the judge should have directed a not‑guilty verdict. The Court of Appeal, led by Justice George Birmingham, quashed the conviction, citing uncertainty about whether the father was awake or asleep and the lack of corroboration. The case was adjourned for a week to allow the State to consider its position, and the father was remanded on bail with a restriction on contacting the complainant. The unnamed man pleaded not guilty.
Two men, Stephen Coyle (34) and Leroy Howard (30), appealed against the 10‑year headline sentences imposed for violent disorder and assault in a 2016 incident in Ashbourne. The Court of Appeal, led by Justice Séamus Woulfe, dismissed both appeals, finding no error in the judge's decision to set the maximum term because the violence was a highly aggravating factor. Coyle's 7½‑year sentence had the final two years suspended, while Howard's 7½‑year sentence had the final 12 months suspended and was to run concurrently with a 4‑year drug‑offence term. The court noted each man's personal circumstances, guilty pleas and remorse, and upheld the sentences as appropriate for the offences. The appeal hearing concluded that the judge had taken sufficient account of mitigating factors and that the sentences were not excessive. The case remains at the appellate level with no further intervention.
In Kilkenny Circuit Criminal Court, William Harty, aged 31, was found guilty of endangerment and criminal damage after he deliberately crashed his car into the front of his family home in Kilmanagh, Co Kilkenny, causing over €50,000 in damage. He pleaded not guilty but was convicted and sentenced to five years' imprisonment by Judge Cormac Quinn in October 2020. Harty appealed, arguing that the 999 call made by his wife should not have been admitted and that the crime scene had not been properly preserved by the Gardaí. The Court of Appeal, in a judgment by Mr Justice Patrick McCarthy with Mr Justice George Birmingham and Mr Justice John Edwards, dismissed the appeal. The court upheld the admissibility of the 999 call and found no practical effect from any alleged preservation issues, confirming the original conviction and sentence.
The Supreme Court has agreed to hear appeals by Gerry "The Monk" Hutch and former Sinn Féin councillor Jonathan Dowdall, who seek to stop their murder trials for the 2016 Regency Hotel attack from proceeding before the Special Criminal Court (SCC). Earlier this year, High Court Judge Anthony Barr refused their requests, ruling that the Director of Public Prosecutions may certify that the SCC can try them under the 1939 Offences Against the State Act. The appeals raise questions about the SCC's legal authority, its status as a permanent court, and the interpretation of emergency powers. A three‑judge panel, including Justices Peter Charleton, Seamus Woulfe and Gerard Hogan, found the appeals to involve matters of public importance and granted a "leap‑frog" appeal to the Supreme Court. No hearing date has yet been set. The men, aged 58 and 44, are charged with the murder of David Byne, 33, at the Whitehall hotel on 5 February 2016.
A sales executive has been awarded over €329,000 for unfair dismissal after being sacked without a formal warning over bullying allegations. The award, revealed in a judgement published this morning, is understood to be the largest ever made by the Workplace Relations Commission. The case was heard at the appeal stage. The former sales executive submitted complaints in March 2021 under the Unfair Dismissals Act and the Payment of Wages Act against the company. The complainant, who had worked for the firm since December 2016 and was promoted to enterprise account executive in April 2019, was dismissed in September 2019 on the grounds of serious misconduct following bullying allegations. The adjudicating officer, Breiffni O'Neill, found the dismissal to be both substantively and procedurally unfair. The company argued that the complainant was dismissed following a full and fair investigatory process and appeal process, citing bullying of his manager and a colleague. The complainant's legal representative, Daniel Johnson, argued that the investigation was not properly isolated from the disciplinary process and that the complainant was not afforded the opportunity to cross-examine the individuals who made allegations against him. The adjudicating officer noted procedural shortcomings in the investigation and disciplinary process and found that the complainant had been treated without decency, humanity, and dignity. The matter was adjourned at the appeal stage.
The Supreme Court ruled that Liam Campbell, 59, can be extradited to Lithuania where he faces charges of international terrorism, possession of weapons and smuggling. Campbell had opposed the extradition, arguing that no decision had been made in Lithuania to try him. The five‑judge court dismissed his appeal, finding that a decision to charge and try him had indeed been taken in Lithuania under the 2003 European Arrest Warrant Act. The court noted that the Lithuanian authorities had sufficient evidence and that only a procedural step remained before a formal charge. The decision means Campbell is expected to be surrendered to Lithuania in the coming days, where he will be tried for the alleged offences. The ruling confirms that the extradition request meets the legal requirements for EU member states.
Jonathan Dowdall, a former Sinn Fein councillor aged 44, and Gerry 'The Monk' Hutch, aged 58, have each filed a two‑pronged appeal against the High Court's refusal to overturn the Director of Public Prosecutions' decision to try them for the murder of David Byrne, 33, at the Regency Hotel in Whitehall, Dublin, on 5 February 2016. Both men are charged with Byrne's murder and are scheduled to stand trial before the Special Criminal Court, a non‑jury court. In separate judicial review proceedings, they argued that a trial before the SCC would be unlawful and a breach of their fundamental rights, claiming the court was a permanent institution despite being established on a temporary basis half a century ago. Judge Anthony Barr dismissed these challenges, ruling that the legislation was neither temporary nor limited in time. The appellants have now sought leave to appeal Judge Barr's decision directly to the Supreme Court.
A 46‑year‑old man was jailed for 13 years after a jury convicted him in February 2019 of three counts of sexual assault and nine counts of anal rape against his daughter, who was seven when the attacks began. He failed to lodge an appeal within the 28‑day limit and has now applied for an Enlargement of Time to appeal his conviction and sentence. His counsel argued that the man had been denied access to the trial transcript and that extreme circumstances justified the extension. The Court of Appeal, hearing the application, noted that the man's former solicitor had informed him of insufficient grounds for appeal but that he could still seek new counsel. The case was adjourned until 24 June, with the court granting limited access to the transcript. The unnamed man pleaded not guilty.
A preliminary hearing at the Workplace Relations Commission in Dublin addressed a complaint lodged by broadcaster Bláthnaid Ní Chofaigh against RTÉ. Ms. Ní Chofaigh alleges sexual harassment and victimisation under the Employment Equality Act, claiming she was sidelined after raising concerns in July 2019. RTÉ's legal representatives, including Mairéad McKenna BL, denied all allegations and requested a direction to keep the identities of alleged perpetrators anonymous. The adjudicating officer, Breiffni O'Neill, agreed to this anonymity order, warning that any breach would be viewed dimly. Ms. Ní Chofaigh's counsel, Claire Bruton BL, supported the anonymity instruction but insisted the hearing proceed in public. The adjudicator noted that specific allegations regarding comments made after a photoshoot would be heard in private. The parties also discussed potential duplication with parallel High Court proceedings, with Ms. Bruton citing a Court of Appeal decision allowing such claims to progress simultaneously. The matter was adjourned to allow five weeks for written submissions, with the full hearing scheduled to run for three days in late June.
A 51-year-old UK man, Mark Nesbitt of Whitefield House, Cecil Crescent, Hatfield, Hertfordshire, has been sentenced to eight years in prison following an appeal at Dublin Circuit Criminal Court. Nesbitt was found guilty by a unanimous jury verdict in January of possessing cannabis for sale or supply at Stockhole Lane, Cloghran, Swords, Co Dublin on October 23, 2020. He had pleaded not guilty to the charge. Judge Martin Nolan noted that if Nesbitt had pleaded guilty, he would have received a sentence of five or six years. The court heard that Nesbitt was 'inveigled' by his co-accused, Anthony Kinghorn, who was described as being at a higher level in the drugs operation. Co-accused Kinghorn (49) of Har Lane, Hatfield, Hertfordshire, pleaded guilty to the same offence and was sentenced last July to ten years in prison with the final two years suspended. Nesbitt wrote a letter to the judge appealing for leniency and expressing that he felt 'utterly let down' by his friend. The matter was adjourned for the appeal stage.
The Special Criminal Court heard witness testimony during the ongoing trial of Christopher Slator, who has pleaded not guilty to the alleged murder of Michael Barr at the Sunset House pub in Dublin 1 on April 25, 2016. Slator is the third defendant to face trial for this offense. Witnesses described a scene of "chaos and screaming" after two masked men entered the pub, where Barr was shot seven times. The State's case, outlined by prosecutor Dominic McGinn SC, links Slator to the crime through DNA profiles found on a mask and gloves recovered from a burning Audi on Walsh Road. The prosecution also noted that Eamon Cumberton, jailed for life in 2019, and David Hunter, jailed for life in November 2020, are connected to the case. Hunter has since appealed his conviction, placing his matter at the appeal stage. The trial, presided over by Justice Tara Burns, will resume next Tuesday.
The Court of Appeal has adjourned the appeal by Martin Jude Wall against his extradition to the United States. Wall, who pleaded guilty in 2012 to attempting to entice a child for indecent purposes, was ordered by the High Court to be surrendered to US authorities. His legal team argued that his return poses a real risk of breaching Article 3 of the European Convention on Human Rights, alleging he would face inhuman treatment under Georgia's strict parole restrictions, including being forced to live in a tent. Counsel for the Attorney General countered that the risk of such treatment was speculative and that Wall is being returned to serve a term of imprisonment, not to face probation conditions. The court, presided over by Mr Justice Birmingham, reserved its judgment, noting the appeal raised new legal territory. The matter was adjourned, with a ruling expected before the end of the legal year. Wall is currently detained at Midlands Prison.
Diarmuid Rossa Phelan, a senior counsel and law lecturer, was granted bail by the Court of Appeal after the High Court had rejected his application on the basis of flight risk. The appeal court set strict conditions: Phelan must post a €50,000 bond and secure an independent surety of €50,000, surrender his U.S. passport, obey a curfew, provide a mobile number, and submit a comprehensive financial statement. He must also stay away from Tallaght, his Wexford properties, and any witnesses, and cannot leave the 26 counties or acquire firearms. The court noted that Phelan had never offended and was a person of good standing. The bail decision was made pending his trial for the murder of Keith Conlon, a 36‑year‑old father of four, who was shot on farmland in Tallaght on 22 February. The case remains at the bail stage, with the trial date yet to be fixed.
The Court of Appeal has dismissed the appeals of two men in their twenties against their convictions for raping a young woman. The first accused, who pleaded not guilty to raping the complainant at an address in a town in the west of Ireland in 2017, and his co-accused, who pleaded not guilty to the oral rape of the same woman at the same time and place, were found guilty by a jury at the Central Criminal Court in November 2019. Ms Justice Eileen Creedon sentenced both men to seven years' imprisonment. In a written judgment, Court President Mr Justice George Birmingham rejected the first appellant's arguments that the trial judge failed to distinguish his case from his co-accused's and omitted a corroboration warning. The second appellant's claim that the State failed to preserve evidence by not seizing his clothing was also dismissed as contrived. The court affirmed the convictions, noting that the jury had considered the separate matters and rejected the defences. The appeals were heard by Brendan Grehan SC and Colm Smyth SC for the appellants, and Eilis Brennan SC for the DPP.
The Court of Appeal has reduced the sentence imposed on a man convicted of making threats to kill gardai at Castlerea, County Roscommon. Enda Gavigan, aged 37 of Doorty, was arrested on 10 October 2019 following criminal damage at a property. He pleaded guilty to criminal damage, production of an article capable of inflicting serious injury, and making threats against gardai. At Roscommon Circuit Court in June 2020, he received consecutive sentences totalling nine years and three months. The Court of Appeal found the sentencing judge erred in principle by imposing a consecutive term for threats made during the same transaction as his arrest. Ms Justice Isobel Kennedy, sitting with the Court President and a colleague, quashed the six-year-three-month consecutive sentence. The court imposed a new concurrent sentence of five years, with the final twelve months suspended. The revised total sentence runs concurrently with the criminal damage and weapons convictions.
In 2011, 16‑year‑old Marian Lingurar Jnr left his employer, publican John Kenny, to die on a toilet floor after a violent robbery. Lingurar Jnr was not involved in the restraint or assault of Kenny, who sustained severe injuries and was found dead the next evening. He was convicted of manslaughter by a jury at Galway Circuit Criminal Court in January 2019 and sentenced to nine years imprisonment. In April 2022, the Court of Appeal quashed the original sentence and reduced the jail term by one year, citing the appellant's age and the fact that he was not a party to the violence. The appeal was based on the argument that the trial judge had not given sufficient weight to the appellant's age at the time of the offence. The Court of Appeal confirmed the conviction but adjusted the sentence to eight years, noting that the crime had a very grave impact on the Kenny family.
The Court of Appeal has rejected an appeal against the severity of a sentence imposed on an unnamed 67-year-old man for sexual assault. In November 2020, at Sligo Circuit Criminal Court, the appellant pleaded guilty to 23 counts of sexual assault committed against a victim between September 1999 and May 2011. Judge Francis Comerford sentenced him to twelve-and-a-half years, with four years suspended, resulting in an effective custodial term of eight-and-a-half years. The appellant, who suffered from ill-health, argued that the sentence was excessive and contained an error in principle. His counsel, Eileen O'Leary SC, highlighted mitigating factors including his early guilty plea, admissions to TUSLA before a Garda complaint, lack of prior convictions, and a public apology. The Director of Public Prosecutions, represented by Leo Mulrooney BL, countered that the abuse was serious, occurring in the appellant's car, home, and a garden shed, causing the victim severe psychological harm. In an ex tempore judgment delivered by Mr Justice Patrick McCarthy, sitting with Mr Justice George Birmingham and Ms Justice Isobel Kennedy, the court found the sentence fell within the judge's margin of appreciation. The judges noted the appellant had been "living a lie" while serving as a Minister of the Eucharist and concluded that no error in principle was made in imposing the custodial term.
Ms Justice Mary Irvine, the first female President of the High Court, announced her retirement during a meeting of High Court judges at the Four Courts on Friday morning. She will remain in the position until the end of July, when the legal year concludes. Irvine began her judicial career in 2007 as a High Court judge handling the Personal Injuries list, later serving on the Court of Appeal after its 2014 establishment, and was appointed to the Supreme Court in 2019 before becoming High Court President in June 2020.
The Court of Appeal has dismissed the appeal of an unnamed 71-year-old man, upholding his conviction for three counts of sexual assault contrary to Section 2 of the Criminal Law (Rape) (Amendment) Act 1991. The appellant was originally convicted by a jury at Wexford Circuit Criminal Court in June 2019, following a trial presided over by Judge Cormac Quinn. He was sentenced to six years' imprisonment, with the final 12 months suspended, resulting in an effective custody period of five years. The charges related to alleged assaults on his nine-year-old granddaughter, who was babysitting at his home between 2015 and 2016. The appellant challenged the conviction on two grounds: first, that the trial judge failed to issue a corroboration warning regarding the complainant's uncorroborated evidence; and second, that the judge erred by not directing a verdict of not guilty for assaults occurring prior to a specific wedding night. In a judgment delivered by Ms Justice Úna Ní Raifeartaigh, sitting with Mr Justice John Edwards and Ms Justice Isobel Kennedy, the appellate court rejected both submissions. The court found the trial judge was within his discretion to omit the corroboration warning, noting the complainant's evidence was not vague or unusual. Furthermore, the court determined it was proper for the trial judge to leave the case to the jury based on the totality of the evidence, rather than removing it. Consequently, the conviction stands.
A man has appealed his six-year sentence imposed in June 2020 for threatening to kill gardai at Castlerea garda station in County Roscommon. The appellant pleaded guilty to criminal damage, production of an offensive weapon, and making threats to gardai. He was arrested on 10 October 2019 following an incident at Four Mile House where he damaged windows at a property. The original sentencing imposed concurrent three-year and two-year terms for the criminal damage and weapon offences, with a four-and-a-half-year sentence for the threats to run consecutively, resulting in a total custodial term of six years and three months. The appeal contends the sentence was excessive and that the threat count should not have been imposed consecutively as it formed part of the same transaction. The Director of Public Prosecutions argued the sentence appropriately reflected the need to protect gardai and respect property rights. The Court of Appeal has reserved judgement.
In 2019, Marian Lingurar Jnr, then 16, was sentenced to nine years for the manslaughter of publican John Kenny, 56, during a robbery in Oughterard, Co Galway. The attack, on 25 September 2011, left Kenny severely beaten, tied, and left to die in a ladies' toilet. Lingurar Jnr, who had worked as a doorman for a week, was part of a gang that robbed the pub after closing. In April 2022, he appealed the sentence, arguing the judge failed to consider his youth and the lack of evidence that he personally restrained or assaulted Kenny. The Court of Appeal noted the crime was a "common design" and that Lingurar Jnr bore responsibility, but the appeal was based on the judge's handling of his age. The appeal was still pending at the time of the hearing. The case highlighted the complexities of sentencing juveniles for violent robbery and manslaughter.
In a High Court bail hearing, senior counsel Diarmuid Rossa Phelan, 53, accused of murdering Keith Conlon, 36, at Hazelgrove Farm, was denied bail by Justice Deirdre Murphy on grounds of flight risk. The Court of Appeal President, Justice George Birmingham, criticised the High Court judge for leaving him "totally in the dark" about Phelan's finances. Phelan's defence, represented by Karl Monahan, submitted a comprehensive financial statement and proposed a €50,000 surety from his sisters and a €50,000 cash deposit. Justice Birmingham demanded a full disclosure of assets, liabilities, income and property. The case was adjourned to the next term, with the State given time to review the financial documents before a further hearing. The hearing also noted that Phelan had shot Conlon in the back of the head after an altercation, and that he had previously fired at Conlon's dog. The court considered the seriousness of the charge and the evidence presented.
The Court of Appeal upheld a €22 million summary judgment against brothers Brian, Kenneth and Maurice McDonagh, who had failed to repay a €21.8 million loan from Ulster Bank used to buy an 80‑acre site in Kilpedder, Co. Wicklow, for a planned data centre that was never built. The High Court had found the brothers breached a 2014 settlement agreement and that receivers were validly appointed over the land. Ulster Bank alleged the brothers used a front company, Granja Ltd, to sell the land for €1.5 million without the bank's knowledge, thereby writing off the debt. The brothers denied the claims and argued the bank was precluded from claiming debts after a settlement with CBRE, which had been sued for valuation negligence and later paid €5.3 million to the bank's loan account.
Diarmuid Rossa Phelan, an Associate Professor of Law at Trinity College and barrister, appealed a High Court decision refusing him bail pending his trial for the murder of Keith Conlon. The Court of Appeal, presided over by Mr Justice George Birmingham, adjourned the matter until Thursday. Mr Phelan is accused of fatally shooting Mr Conlon at Hazelgrove Farm in Tallaght in February last. His defence counsel, Michael O'Higgins SC, argued that the High Court judge's refusal was based on an unfair assessment of flight risk and that his client's assets should not be frozen merely due to allegations, comparing the situation to that of Roman Abramovich. The defence proposed a €50,000 independent surety and a €50,000 cash lodgement. Mr Justice Birmingham requested a comprehensive financial statement detailing assets, liabilities, and income. The State's counsel, John Fitzgerald SC, countered that the High Court judge's ruling did not rely on the "red-handed" characterization and that the applicant had drip-fed information. The appeal was not concluded but adjourned to allow for further submissions and financial disclosures.
The High Court has dismissed the appeal of an unnamed gay man who challenged a decision denying him international protection and asylum status in Ireland. The man, who arrived in Ireland from Georgia in 2018, had his application for international protection refused by the International Protection Office (IPO). His appeal to the International Protection Appeals Tribunal was upheld, and he subsequently brought judicial review proceedings in the High Court, arguing that the Tribunal's findings were irrational. The application was opposed, and Mr Justice Anthony Barr dismissed the challenge, stating that it was brought outside the legal time limits. The judge noted that the IPO found the applicant provided contradictory accounts regarding his relationships, work, and education, and made adverse findings about his knowledge of Identoba, a pro-LGBTi group. The IPO also concluded there was no well-founded fear of persecution or risk of torture if the applicant was returned to Georgia, citing Georgia as a safe country for individuals of his sexual orientation. The applicant's legal team argued the delay in bringing the challenge was due to the counsel's other commitments, but the judge found the reasons for the delay lacked detail and ruled that the court would not extend the time limit. The judge also rejected the claim that the Tribunal's decision was irrational or breached fair procedures, stating the conclusions were lawful.
In 2022, the Court of Appeal increased the jail term of Scott O'Connor, 20, who brandished a large knife outside a house party where 20‑year‑old Cameron Blair was stabbed to death. O'Connor had pleaded guilty to violent disorder and to producing a weapon capable of serious injury. The original sentence of five years with a three‑year suspended portion was deemed too lenient. The appellate court reduced the suspended period to two years, thereby extending the custodial term to two years. The decision was based on O'Connor's role as the instigator of the violence, his armed conduct, and the lack of any threat to him. The court noted that Blair had no involvement in the violence and that the death was tragic and unexpected. The appeal was brought by the Director of Public Prosecutions, who argued the original suspension was unduly lenient. The judgment was delivered by Ms Justice Isobel Kennedy, with Mr Justice John Edwards presiding.
Luke Barrett, aged 22, was sentenced to eight years in prison for two armed robberies in County Limerick, with 18 months of the sentence suspended. The first robbery, committed at 6:20 am on 6 July 2017, involved a knife threat and the theft of €340 from a family‑owned shop in Newcastle West. The second robbery, at 7 am on 15 August 2018, saw Barrett threaten staff at a service station in Locke Quay, Limerick, and later hold up a sandwich shop, taking €80. Judge Tom O'Donnell imposed two consecutive four‑year terms for the robberies and a concurrent two‑year term for an attempted robbery. Barrett appealed, arguing the first offence was his first and that the four‑year term was excessive. The Court of Appeal, hearing counsel Yvonne Quinn BL, found an error in principle and reduced the first term to three years, while increasing the suspended portion from 18 months to two years.
The Court of Appeal heard that a 59‑year‑old man, whose name is withheld to protect his adult daughter, was convicted of raping his special‑needs daughter and sentenced to 11 years in prison. The conviction followed a Central Criminal Court jury verdict in July 2019. The man was found to have raped his daughter twice in her bedroom when she was 22, after asking her whether she loved him or her mother more, and also sexually assaulted her on the same occasion. Earlier, he had sexually assaulted her and forced her to perform oral sex when she was 13 or 14 while she slept in the same bed as a friend. He was convicted on five charges, including rape, oral rape and sexual assault, covering incidents from January 2003 to December 2004 and a separate incident in January 2011. He denied the charges and appealed.
A man aged 67 has appealed his sentence at the Court of Appeal following conviction for sexually assaulting a victim over a 12-year period beginning when she was ten years old. He was sentenced to 12.5 years, with four years suspended, at Sligo Circuit Criminal Court in November 2020 after pleading guilty to 23 counts of sexual assault committed between September 1999 and May 2011. His legal representative argued the eight-year custodial term was excessive and disproportionate, citing his early guilty plea and absence of prior convictions. The Director of Public Prosecutions submitted the sentence appropriately reflected the severity of the abuse, which occurred in various locations including the appellant's vehicle, home, and garden shed. The victim reported experiencing lasting psychological harm, including anxiety and self-harm. The three-judge court has reserved judgment on the appeal.
Keith Lennon, aged 23, was convicted of manslaughter after his 3‑litre Audi, driven at 225 km/h, collided with a Peugeot 108 on the N1, killing Mary (82) and Kevin (58) Faxton and Bryan Magill (24). Lennon had been filming Snapchat videos while driving at 105 km/h above the limit. He pleaded guilty in February 2021 and was sentenced to nine years' imprisonment, a 20‑year driving ban, and a 14‑year custodial term, with the judge describing his car as a "weapon". Lennon appealed the severity of the sentence, arguing the judge had over‑penalised him. The Court of Appeal, led by Mr Justice George Birmingham, rejected the appeal, stating the custodial sentence was inevitable and that the Snapchat videos and high speeds made the case particularly reckless. The court upheld the original nine‑year term and the 20‑year driving ban. The decision was delivered on 1 April 2022.
In March 2017 the Special Criminal Court sentenced Sharif Kelly, 51, and Edward McGrath, 39, to life imprisonment for the 2013 gun murder of 35‑year‑old Peter Butterly, a father of three, who was shot outside The Huntsman Inn in Gormanston. The murder trial lasted 35 days after a collapsed first trial in 2015. McGrath was also convicted of firearms offences. The State's main witness was former co‑accused David Cullen, who had his murder charge dropped after pleading guilty to unlawful possession of a semi‑automatic pistol and was jailed for three‑and‑a‑half years. Kelly and McGrath appealed, arguing Cullen's testimony was unreliable and that McGrath had no knowledge of the murder plan. The Court of Appeal, in a 170‑page judgment, rejected both appeals, finding the evidence against the appellants sufficient and the admissibility of Cullen's testimony justified. The court noted no error in the trial's findings and declined to quash the convictions.
In March 2022 the Court of Appeal heard that a mother of three had been acquitted of sexually assaulting her children, despite admitting to abuse during a lie‑detector test. The judge had ruled that the admissions made to a forensic psychologist using a polygraph were inadmissible. The DPP now seeks a determination that the judge erred in excluding the evidence and requests the acquittal be quashed and a retrial. Gardai had visited the family home after Europol tipped that child‑abuse images were being uploaded. The children were placed into care following a High Court order. The woman had denied knowledge of the abuse to police but later admitted awareness of her husband's interest in child pornography and his abuse of the children, and that she had also participated.
Marius Rucinskas, 45, a former Lithuanian murderer now living in Cork, was convicted of a brutal domestic assault on his wife Renata Rucinskeine on 1 January 2020. He dragged her by the hair, struck her head off a table, punched, kicked, tried to pull her eyelashes off and threatened to kill her. He pleaded guilty to assault causing harm and criminal damage in September 2021. The Director of Public Prosecutions appealed the 18‑month suspended sentence, arguing it was unduly lenient. The Court of Appeal quashed the original sentence, increased it to three‑and‑a‑half years, but suspended the final two years. Rucinskas was released after serving 13 months in custody and entered a good‑behaviour bond. The case highlights the court's assessment of the severity of the assault and the need for a harsher penalty.
The Court of Appeal has ruled that Professor Ray O'Sullivan, a consultant gynaecologist, can immediately return to work after being suspended for over two years. The three-judge panel, led by Mr Justice Seamus Noone, ordered that his suspension be lifted and he reinstated with immediate effect. The court found that the HSE should have ended his suspension in 2019 when a report identified no patient safety concerns. The judge criticized the "deliberate leaking" of confidential information to the media, which amplified reputational damage, and noted the investigation was not proceeding expeditiously. However, the appeal court upheld the High Court's finding that the HSE was entitled to recommend Prof O'Sullivan's dismissal to the Ministerial Committee. Prof O'Sullivan, who denies all allegations, faces claims that he performed unauthorised procedures on five female patients in September 2018 without consent or ethics clearance. He was placed on administrative leave in August 2019. The court awarded him costs for the High Court and appeal hearings. A separate judicial review challenging the HSE's December decision to keep him on leave remains pending and is scheduled to return before the High Court in May.
Keith Lennon is appealing the severity of his nine-year prison sentence for three counts of manslaughter at the Court of Appeal. Lennon, of Forest Park, Dromintee, Co Armagh, pleaded guilty at Dundalk Circuit Criminal Court after his vehicle collided with another car on the N1 in Dundalk, Co Louth, on February 29, 2020, killing Mary and Kevin Faxton and Bryan Magill. Judge Marina Baxter sentenced him to nine years' imprisonment in February 2021, stating he had turned his car into a "weapon," and imposed a 20-year driving ban. Lennon's counsel, Patrick Gageby SC, argued the sentence was too severe, noting a lack of comparable cases and that the offense was not one of intention. He also conveyed Lennon's public apology. Conversely, Anne-Marie Lawlor SC, representing the Director of Public Prosecutions, maintained the sentence was fair and within the judge's discretion. She highlighted that Lennon was driving at excessive speeds, was uninsured, and had made two Snapchat videos of the speedometer while driving, which she described as a pivotal factor in his culpability. The court has reserved judgment on the appeal.
Diarmuid Rossa Phelan, a senior counsel aged 53, is appealing a High Court refusal of bail after being charged with the murder of Keith Conlon, 36, who died two days after a fatal shooting on Hazelgrove Farm in Tallaght on 22 February. Phelan, who teaches at Trinity College Dublin, argued that a bail refusal would ruin his life's work, but Justice Deirdre Murphy denied the application, citing a serious flight risk. She noted that Phelan's assets, including a 180‑acre farm in Tallaght and a 45‑acre farm in Wexford, were substantial and could be realised without state knowledge, and that he and his children are U.S. citizens, which could facilitate evasion. The Court of Appeal was informed that Phelan intends to appeal, and a hearing is scheduled for 5 April. The judge emphasised that the bail decision was based on the strength of evidence and the potential for flight.
A man from Ballyshannon, County Donegal, has been remanded in custody following a Court of Appeal decision to quash his suspended sentence. Ciaran Lawn (43) had received a three-year wholly suspended sentence in July 2021 after pleading guilty to possession of a controlled substance for sale or supply. The offence occurred on December 15, 2019, when gardaí observed him moving approximately €840,000 worth of cannabis and €59,000 of cocaine near Ardee, County Louth. The Director of Public Prosecutions successfully appealed the sentence as unduly lenient. The Court of Appeal found that wholly suspended sentences required exceptional circumstances, which the court deemed absent in this case. Lawn's defence had submitted he was a courier living on social welfare with significant mental health issues at the time of the offence. His case will return before the court on May 12.
Mark Crawford, aged 44, was convicted of murdering Patrick 'Pa' O'Connor, aged 24, after stabbing him six times in Fitzgerald's Bar, Limerick, on a night of cocaine use. Crawford claimed self‑defence, arguing he feared O'Connor would kill or stab him, but the jury did not accept this defence and he was found guilty of murder in October 2020. The Court of Appeal heard that the trial judge, Ms Justice Tara Burns, had not adequately instructed the jury on how to assess Crawford's self‑defence claim, and that the prosecution had not proven Crawford did not honestly believe he needed to use force. Crawford appealed on the basis that the verdict was unsafe and unsatisfactory, while the Director of Public Prosecutions maintained that the jury's instructions were proper and the self‑defence test was clear. The appeal judgment is reserved. Mark Crawford pleaded not guilty.
William Dollard, aged 32, was convicted of sexual assault and attempted anal rape of a 61‑year‑old homeless man on 30 May 2017 in Co Cork. A jury found him guilty and he was sentenced in June 2020 to five years and six months, with 18 months suspended, by Mr Justice Paul McDermott. Dollard appealed both the conviction and the sentence. The appeal against the conviction was dismissed, but the Court of Appeal reduced his custodial term by one year, leaving him with a three‑year custodial sentence. The Court of Appeal also increased the suspended portion to two years and six months. The judge noted that Dollard had become homeless and was on the margins of society, and that the arrest under Section 24 of the Criminal Justice (Public Order) Act 1994 was lawful. Dollard is set to be released from custody imminently after serving just over three years.
Richard O'Mara, aged 33, was convicted of two counts of rape against a teenage schoolgirl at his sister's 18th birthday party in 2015. He received a 14‑year sentence with the final two years suspended by Ms Justice Tara Burns. O'Mara appealed to reduce the sentence, arguing it was too long, but the Court of Appeal dismissed the appeal. Justice Úna Ní Raifeartaigh noted the appellant had few mitigating factors, no guilty plea, no remorse, and a heart condition, and that the suspended portion had already been considered. The court upheld the original sentence, stating it was within the judge's discretion and not unduly high. O'Mara's barrister argued for a greater reduction, citing his client's good character and lack of prior convictions, but the appeal was rejected. The case remains at the sentencing stage. Richard O'Mara pleaded not guilty.
Kenneth McDonald, 56, of Wexford, was convicted of raping and indecently assaulting a seven‑year‑old girl, the sister of his former girlfriend, 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, arguing that the trial judge, Mr Justice Alex Owens, interrupted the cross‑examination of the complainant more than 200 times, preventing a fair trial. He also claimed the judge failed to give a corroboration warning to the jury. The Court of Appeal heard that the judge's interventions were largely innocuous, such as asking witnesses to repeat statements. The appeal was reserved. The victim, who waived anonymity, described lasting trauma, stating her childhood and adult life were devastated by the abuse. The court heard details of the assaults, including the first incident in summer when the victim was in primary school, and subsequent attacks when she was 10, 13, and 14. Kenneth McDonald pleaded not guilty.
Jonathan O'Driscoll, aged 33, was sentenced to 13 years in prison for a 14‑minute unprovoked assault on 73‑year‑old Christy O'Callaghan in Macroom on 21 March 2019. O'Driscoll repeatedly stamped on O'Callaghan's head, causing severe injuries including scalp lacerations, facial fractures, rib fractures, a collapsed lung and a subdural haematoma. O'Callaghan later required life‑saving treatment at Cork University Hospital and was moved to a long‑term care facility after release. O'Driscoll pleaded guilty and was given a 15‑year headline sentence by Judge Sean O'Donnabhain, which he appealed as "excessive in all circumstances". His barrister argued mitigating factors such as his psychiatric history, cooperation, and remorse, while the Director of Public Prosecutions acknowledged a marginal discount. The Court of Appeal considered the victim impact statement and the severity of the assault, noting O'Callaghan's life was ruined and that he has since passed away.
The Court of Appeal heard arguments today regarding the lawfulness of the arrest of William Dollard, who is appealing his conviction for the sexual assault and attempted anal rape of a 61-year-old victim in Co Cork on May 30, 2017. Dollard, who pleaded not guilty, was found guilty by a jury at the Central Criminal Court. His legal team argued that his arrest under Section 24 of the Criminal Justice (Public Order) Act 1994 was unlawful, contending it was a "colourful device" to secure his availability for potential complaints rather than addressing an immediate danger. They further claimed the subsequent seizure of his clothing rendered the evidence inadmissible. The Director of Public Prosecutions countered that the arrest was lawful, citing CCTV footage showing Dollard making thrusting motions against the victim, which informed the garda's decision. The prosecution noted the victim was intoxicated and unclear, making the CCTV crucial evidence. Judgment has been reserved. At the original sentencing, Mr Justice McDermott acknowledged the victim's vulnerability and Dollard's alcohol abuse and social isolation. He set a headline sentence of six years for the attempted anal rape but imposed a final sentence of five years and six months, with the last 18 months suspended for two years.
The Court of Appeal has dismissed the appeal of an unnamed 62-year-old man from the west of Ireland, upholding his conviction for the rape of his god-daughter. The appellant, who pleaded not guilty, was originally convicted by a jury at the Central Criminal Court in June 2020 of two counts of indecently assaulting and two counts of raping the victim, who was also his cousin, at her family home on unknown dates between 1982 and 1984. Ms Justice Carmel Stewart sentenced him to nine years' imprisonment. In his appeal, the man argued that the jury's verdict was unsafe and the trial unfair, citing alleged inconsistencies in the complainant's evidence and claiming the trial judge erred by failing to discharge the jury or properly instruct them on the significant delay between the alleged offences and the complaint. Counsel for the appellant, Damien Colgan SC, submitted that no reason was given for the delay. However, a three-judge panel led by Court President Mr Justice George Birmingham, sitting with Mr Justice John Edwards and Mr Justice Patrick McCarthy, rejected these grounds. Mr Justice Birmingham described the trial judge's charge to the jury as "impeccable" and noted she was conscious of the difficulties associated with long delays in historic sex abuse cases. The court found no basis to overturn the conviction, leaving the original sentence intact.
A man from Ballyshannon, County Donegal, will face arrest if he fails to attend the Court of Appeal this week following the quashing of his suspended sentence for drug trafficking. Ciaran Lawn, aged 43, of Derrykillew, had received a three-year wholly suspended sentence from Dundalk Circuit Criminal Court in July 2021 after pleading guilty to possession of a controlled substance for sale or supply. He was apprehended on 15 December 2019 near Ardee, County Louth, while transporting approximately €840,000 worth of cannabis and €59,000 of cocaine. The Director of Public Prosecutions appealed the sentence as unduly lenient. A three-judge panel, led by Court President Mr Justice George Birmingham, agreed and quashed the original sentence. The court found that wholly suspended terms require exceptional circumstances, which were absent in this case. A bench warrant has been issued for Lawn's arrest should he fail to attend court for re-sentencing.
The Supreme Court declined to hear an appeal by alleged drug dealer John McCormack against a Criminal Assets Bureau (CAB) order that several Mid‑West properties were bought with proceeds of crime. The High Court had found that evidence showed McCormack had been involved in serious criminal activity for many years and that the income from that activity likely funded the purchase of the properties at Purcell Park, Cloontra West and Claughan Fort. In 2020 Mr Justice Alexander Owens made orders restraining McCormack and others from dealing with the properties. McCormack appealed to the Court of Appeal, which upheld the findings, and then sought a Supreme Court appeal on the grounds that the case involved matters of general public importance. The Supreme Court, in a written decision, held that McCormack had not established any such issue and that it was not in the interests of justice to allow the appeal.
In March 2022 the Supreme Court reserved judgment on an appeal by Gemma O'Doherty and John Waters, who challenged the constitutionality of Covid‑19 measures. The appeal contests a High Court decision, upheld by the Court of Appeal, that denied them leave to bring a judicial review, citing the case as "misconceived and entirely without merit". The Supreme Court will decide whether leave should have been granted despite the applicants' failure to present evidential reports on proportionality and rights impact. The applicants seek declarations that several Covid‑related acts and orders are flawed and unconstitutional, arguing that the measures breached constitutional and ECHR rights, were disproportionate, and created a regime akin to martial law. The State, represented by Michael Collins SC and Patrick McCann SC, argues the lower courts were correct in dismissing the appeal. The Supreme Court has not yet set a date for its decision.
Two men have had their convictions for rape upheld by the Court of Appeal. Boakye Osei, formerly of Burnfoot in County Donegal, and Kelvin Opoku, formerly of Letterkenny, were each sentenced to nine years' imprisonment in March 2020 following their conviction at the Central Criminal Court for the rape of a woman in February 2015. The appellants challenged their convictions on three grounds: that the trial judge should have discharged the jury following questioning about the complainant's alcohol consumption, that video-link evidence should not have been permitted, and that mobile phone material had not been adequately disclosed to the defence. The Court of Appeal, presided over by Mr Justice George Birmingham alongside Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, rejected all grounds of appeal. The court found the trial judge's rulings on disclosure, video evidence, and witness questioning to have been proper and appropriate. The judges concluded they were not persuaded the trial was unfair or the verdicts unsafe. Boakye Osei pleaded not guilty. Kelvin Opoku pleaded not guilty.
The Court of Appeal heard appeals from two men in their twenties convicted of raping a woman at an address in Co Leitrim in 2017. The first accused, who pleaded guilty to rape, and the second accused, who pleaded not guilty to oral rape, were found guilty by a jury at the Central Criminal Court in November 2019 and sentenced to seven years' imprisonment each by Ms Justice Eileen Creedon. Counsel for the first appellant argued that the trial judge failed to highlight the distinct differences between the co-accused's cases and did not provide an adequate corroboration warning. The second appellant contended that the judge erred in refusing an application to acquit on the grounds that the State failed to preserve evidence, specifically his trousers, which could have been subjected to a touch test for DNA. The Director of Public Prosecutions submitted that the jury was instructed to treat the matters separately and rejected the defence arguments. The matter was adjourned with judgment reserved.
Conor Quaid, 27, of Monaree, Dingle, was convicted of raping a family friend in Kerry in 2018. A jury found him guilty by a 10‑to‑1 majority after a seven‑day trial in Cork in September 2020. He was sentenced to six‑and‑a‑half years' imprisonment by Ms Justice Mary Rose Gearty. Quaid appeals, arguing that the judge erred by failing to define recklessness for the jury and by implying that drunkenness equates with recklessness. The judge had told the jury that Quaid had been drinking before visiting the victim, who had not been drinking and had gone to bed early. The Court of Appeal heard arguments from Quaid's counsel, who said alcohol was a feature but not a total loss of control, and from the Director of Public Prosecutions, who said the judge's direction was practical and clear. The judgment is reserved. Conor Quaid pleaded not guilty.