Alexander Rojas Rey, 44, of Cork, was found guilty in 2019 of possessing mescaline for sale and of possessing the drug itself, and received a 100‑hour community service order instead of 12 months' imprisonment. He appealed, arguing that the trial judge had erred by allowing the jury to decide whether the substance he possessed was a controlled drug. The Court of Appeal quashed the conviction. At a hearing, the Director of Public Prosecution said it intended to bring Rey to retrial, and Rey's counsel had no objection. The case was adjourned to 29 March. The appeal judge noted that the judge had failed to inform the jury that determining whether the powdered substance was mescaline required deciding if it had been extracted from its natural form and rendered consumable. The court also observed that the jury had been told the powder was not a controlled drug, yet the judge had directed that mescaline is a controlled substance. Alexander Rojas Rey pleaded not guilty.
Boy B, now 17, seeks to introduce fresh evidence and amend grounds of appeal in his murder case. The Court of Appeal heard that the State, represented by Brendan Grehan SC, expects to oppose the application to enlarge grounds and present new evidence. Boy B was convicted with Boy A, both 13 at the time, of murdering 14‑year‑old Ana Kriegel in May 2018. He received a 15‑year sentence, reviewable after eight years, and is currently detained at Oberstown Children Detention Campus. The appeal focuses solely on the conviction, not the sentence. The motion to add new grounds and evidence will be scheduled for hearing, with the case listed for June 17. Boy A has not lodged an appeal. The court will decide whether to address the motion separately or together with the substantive hearing. Boy B's appeal will not challenge the severity of his sentence.
Jason Davis, aged 28, had originally been sentenced to seven years' imprisonment with 18 months suspended for aggravated burglary at a Drogheda address in May 2020. The Court of Appeal quashed that sentence, citing the judge's failure to balance aggravating and mitigating factors and the disparity with co‑accused Dean McKenna's three‑and‑a‑half year sentence for the same offence. The appellate court, led by Mr Justice George Birmingham with Ms Justice Isobel Kennedy and Ms Justice Aileen Donnelly, re‑sentenced Davis to six years' imprisonment with the final 18 months suspended. The decision was made after noting the damage caused during the break‑in, the use of weapons, and the cost of repairs estimated at €1,589. The court emphasised that the new sentence, while still substantial, was intended to reduce the disparity between the two co‑accused sentences.
In March 2022 the Court of Appeal upheld a trial judge's decision to direct a jury to acquit a 72‑year‑old man of four historic child sex‑abuse charges. The accused had pleaded not guilty to indecent assault allegations dated between April 1968 and December 1970, involving a complainant aged seven to nine at the time. The complainant first reported the allegations to Gardaí in January 2015. The case was returned to the Bray Circuit Criminal Court in November 2016 and the trial began in March 2019. After a single day, the judge refused the Director of Public Prosecutions an adjournment and, because the chief witness could not attend, directed the jury to acquit the accused of all charges. The Director of Public Prosecutions sought a judicial review, arguing the judge had exceeded his jurisdiction, but the High Court dismissed that claim.
The Court of Appeal heard an appeal from an unnamed 29-year-old man who pleaded not guilty to one count of rape against a 17-year-old female at an address in Midleton, Co Cork, in August 2017. A jury convicted him at the Central Criminal Court in Cork in September 2020, and he was sentenced to 10 years imprisonment, with the final three years suspended, by Mr Justice Alexander Owens. The appellant argued that the trial judge erred in admitting evidence of his Google searches, including terms like 'rape kit accuracy,' and in excessively intervening during his examination. Counsel for the appellant, Siobhan Lankford SC, contended the searches had limited relevance and prejudiced the jury, while also alleging the judge's interruptions created the effect of two prosecutors. The DPP's counsel, Ray Boland SC, countered that the searches indicated the appellant's state of mind and that juries are robust enough to handle judicial interventions. He noted that while the interruptions were more frequent than usual, the trial was not rendered unfair. The three-judge court reserved its judgement on the appeal.
An appeal by Jason Bradley and Dean Bradley against their murder convictions has been dismissed by the Court of Appeal. The brothers were originally sentenced to life imprisonment in July 2018 for the murder of Neil Reilly in Lucan, Dublin, on January 18, 2017. The appeal focused on alleged errors in the trial judge's charge to the jury and the admissibility of witness Danielle Cusack's evidence. Mr Justice John Edwards, presiding at the three-judge Court of Appeal, dismissed all grounds of appeal, stating that the trial was conducted fairly and that the jury's verdicts were safe. Jason Bradley was found guilty of murder and Dean Bradley was acquitted of murder but was previously sentenced to life imprisonment for the same offence. Ryan Bradley was acquitted of murder by the trial judge but pleaded guilty to an offence of impeding the murder investigation and received a fully suspended five-year prison sentence. The court rejected claims that the trial judge improperly charged the jury and that the use of Enhanced Cognitive Interview (ECI) with Ms Cusack was unfair. The appeal was adjourned and never described as concluded or finalised.
The Supreme Court has agreed to hear a claim that parts of an 11‑turbine wind farm at Ballyduff, operated by Barranafaddock Sustainable Electricity Limited, were built without proper authorisation, making them an unauthorised development. Local residents argue that the wind farm should be shut down because the turbines exceed the dimensions approved in the 2011 planning permission. The operator had originally applied for turbines with a 90‑metre rotor blade diameter, but in 2013 consultants submitted a change to increase the diameter to 103 metres, while the tip heights remained as in the 2011 permission. The council's response was a letter stating "noted and agreed" without explicit approval of the diameter increase. The turbines were built and became operational in 2015. Residents brought High Court proceedings, and Mr Justice Garrett Simons ordered a restraint on the turbines that were not authorised. The operator appealed to the Court of Appeal, which ruled in its favour.
Anthony Horgan, 46, was originally jailed for six years in April 2021 after pleading guilty to one aggravated burglary and five burglaries, including a 4 am raid on an 83‑year‑old pensioner's home during the first Covid lockdown. His accomplice, Christopher Jones, received a four‑year term, later increased by one year after the Director of Public Prosecutions argued the original custodial term was too lenient. The DPP appealed Horgan's sentence, claiming Judge Sean O'Donnabhain had set an unduly low headline term of seven years, arguing it should have been between nine and fourteen years. In the Court of Appeal, the DPP sought a similar increase. The appellate judges agreed, quashing the original term and re‑sentencing Horgan to eight years' imprisonment, with one year suspended. The decision was made by Mr Justice John Edwards, Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy.
Stephen Duffy, aged 28, was sentenced to four years' imprisonment with three years suspended after the Court of Appeal quashed a wholly suspended sentence handed by Judge Melanie Greally. The original sentence had been imposed for assault causing serious harm to Darren Darley, 50, who was left comatose after a one‑punch attack on 29 August 2016. Duffy pleaded guilty at Dublin Circuit Criminal Court. The Director of Public Prosecutions appealed, arguing the judge erred by not imposing a custodial term and that the penalty was unduly lenient. In the appeal, Mr Justice Patrick McCarthy re‑sentenced Duffy to four years' imprisonment, with the final three years suspended. Duffy was taken into custody after entering a good behaviour bond. The case involved a single blow struck between strangers, with the victim sustaining a traumatic brain injury and long‑term deficits.
Denise Cribbin, 45, of Stepaside, Co Wicklow, was sentenced to a two‑year wholly suspended term for making a false statement under Section 12(a) of the Criminal Law Act 1976. The Director of Public Prosecutions appealed, arguing the sentence was too lenient. The Court of Appeal, led by Mr Justice George Birmingham with Ms Justice Isobel Kennedy and Ms Justice Aileen Donnelly, quashed the original sentence and imposed a one‑year custodial term. Cribbin, who had pleaded guilty in July 2020, was told she would be taken into custody to begin her sentence. The offence stemmed from a false allegation of sexual assault made after a single‑car crash on 12 July 2016, involving Cribbin and the injured party. The court noted the statement was false after witness interviews contradicted it. Cribbin will report to Stepaside Garda Station before 5 pm on Friday to be taken into custody.
In March 2022 the Court of Appeal heard that the two‑year custodial sentence imposed on 20‑year‑old Scott O'Connor for brandishing a knife outside a Cork house party was unduly lenient. O'Connor had pleaded guilty in January 2021 to violent disorder and to producing a knife capable of serious injury in a manner likely unlawful to intimidate another. The Central Criminal Court had originally imposed a five‑year term with the final three years suspended; the DPP appealed, arguing the suspension was too lenient given the grave circumstances. The case involved a pre‑drinks party for UCC Freshers' Week, a drunk homeless man, and the death of 20‑year‑old Cameron Blair, who was stabbed moments after O'Connor had brandished a large knife on the doorstep.
Philip Murphy, 41, had recently been released from a 10‑year sentence for false imprisonment when he sexually assaulted two women in Dublin in February 2016. He grabbed each victim from behind, threatened to kill them and demanded sex. Murphy pleaded guilty to both assaults and was originally sentenced to six years' imprisonment for each offence, to run concurrently, by Judge Melanie Greally at Dublin Circuit Criminal Court. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient and that consecutive sentences were warranted because the attacks constituted a crime spree. The Court of Appeal quashed the original sentence and ordered Murphy to serve a total of 10 years behind bars for the two offences. The decision was based on the fact that Murphy had been released the day before the attacks and the impact on the victims.
Daniel Munteanu, a 32-year-old Romanian national from Navan, Co Meath, has failed in his appeal against a custodial sentence imposed at Trim Circuit Criminal Court. Munteanu pleaded guilty to 10 charges of stealing €121,800 from 52 Bank of Ireland accounts between September 9, 2018, and March 4, 2019. He also admitted possessing 51 cloned bank cards, card-making equipment, and false identity documents. Judge Martina Baxter originally sentenced him to seven years, with the final six months suspended, after applying a discount to an 11-year headline sentence. Munteanu appealed on the grounds that the judge placed insufficient weight on mitigation, arguing he was merely a 'foot-soldier' in an international skimming gang who received a 10-15% cut of the proceeds. The Court of Appeal, presided over by Mr Justice George Birmingham, dismissed the appeal. The Court President noted that the original judge had applied a 'significant and generous' discount and that the final six-and-a-half-year term clearly fell within the available range. The court accepted the prosecution's submission that Munteanu was part of a complex criminal organisation operating across multiple jurisdictions, including Ireland, the UK, Belgium, Romania, and Italy, which justified the severity of the sentence.
A 32-year-old Romanian national is appealing a six-and-a-half-year prison sentence imposed for his role in an international bank card skimming operation. Daniel Munteanu pleaded guilty at Trim Circuit Criminal Court to ten counts of theft totalling €121,800 from 52 Bank of Ireland accounts between September 2018 and March 2019. Over 300 withdrawals were made from ATMs across multiple counties including Cavan and Monaghan. Gardaí recovered cloned bank cards, a card-cloning machine, and forged identity documents from his home. At the Court of Appeal, his legal team contended the original sentence was disproportionate, characterising Munteanu as a foot-soldier in the gang who received approximately ten per cent of proceeds. The Director of Public Prosecutions countered that Munteanu was an integral member of an established international criminal network operating across multiple jurisdictions with significant resources. The court reserved judgment.
In 2019, a judge jailed Maciej Masznic, 41, for seven‑and‑a‑half years after a five‑day trial in Tralee Circuit Criminal Court found him guilty of possessing cannabis and methylamphetamine for unlawful sale or supply at his home. The drugs, valued at over €13,000, were seized during a Garda raid. Masznic appealed, arguing that the judge failed to instruct the jury on the legal concepts of possession and knowledge, which he claimed were fundamental to the case. His counsel, Dean Kelly SC, contended that without proper instruction, no reasonable jury could convict. The Director of Public Prosecutions' counsel, Thomas Rice BL, countered that the jury was adequately informed and that the prosecution's case of guilty knowledge was clear. The Court of Appeal, presided over by Mr Justice George Birmingham, noted the dispute and reserved judgment. The appeal remains pending. Maciej Masznic pleaded not guilty.
The Court of Appeal has upheld a High Court ruling that SEDA (Skills & Enterprise Development Academy) Limited, which operated an English language school in Dublin, should not be wound up. The case involved an appeal by Rezaul Karim and Mahbuba Sultana against a 2019 decision by Mr Justice John Jordan. The High Court had found that shareholder and director Tiago Mascarenhas was entitled to relief under Section 212 of the Companies Act 2014, citing oppressive conduct by the appellants. The Court of Appeal, comprising Ms Justice Caroline Costello, Mr Justice Robert Haughton, and Mr Justice Maurice Collins, dismissed the appeals on most grounds but allowed Ms Sultana's appeal regarding the finding that Mr Karim was the beneficial owner of her shares. The court affirmed that Mr Mascarenhas should be permitted to acquire Ms Sultana's shares rather than the reverse, noting his local presence and experience. Regarding costs, the court initially proposed a 10% reduction against the applicant due to his lack of candor regarding his immigration status. However, the Court of Appeal ultimately decided not to make any deduction from the applicant's costs, citing the appellants' refusal to engage in mediation and their conduct of the litigation. The matter was concluded with the High Court's substantive decision upheld, subject to the correction on beneficial ownership.
The Supreme Court dismissed Petronel Pal's appeal, allowing his extradition to Romania for an alleged murder in Ireland and for organising a crime group. Pal, 36, was arrested in Dublin and faces charges for a 2014 murder at Academy Square, Navan, and for creating an organised crime group. The Court found no legal barrier under the 2003 European Extradition Warrant Act, rejecting Pal's argument that Section 44 precluded his surrender. The Court compared the case to France's request for Ian Bailey, noting that the issue was nationality, not the nature of the offence. The Court upheld the High Court's order, confirming Pal's extradition to Romania for prosecution. The decision was unanimous by five judges, including Chief Justice Donal O'Donnell. The extradition order remains in effect.
In February 2022 the Court of Appeal quashed the conviction of Alexander Rojas Rey, 44, who had been found with dried cactus extract containing mescaline. Rey had pleaded not guilty to possession of mescaline for sale or supply and to possession of the drug itself. He was found guilty in a trial and sentenced in November 2019 to 100 hours of community service instead of 12 months' imprisonment. Rey appealed, arguing that Judge James McCourt had erred by allowing the jury to decide a question of law about whether the substance was a controlled drug. Justice Isobel Kennedy ruled that the trial judge should not have permitted the jury to decide that question and therefore quashed the conviction. A hearing will decide whether a retrial is required. The case centred on whether dried cactus extract is a controlled substance under the Misuse of Drugs Act 1977.
In a Court of Appeal hearing on 25 February 2022, Keith O'Neill, aged 46, sought to have his murder conviction quashed. He had been found guilty of shooting John Wilson, aged 35, to death on 28 September 2012 at Wilson's home on Cloverhill Road, Ballyfermot, Dublin 10, and sentenced to life imprisonment by Mr Justice Tony Hunt in May 2015. O'Neill's lawyers argued that evidence of gunshot residue on clothes he had dumped in a skip should not have been admitted to the jury. They cited a forensic expert's testimony that a single particle of residue found in the right pocket of a coat had helped convict the Englishman Barry George of BBC presenter Jill Dando's murder in 2001. Mr Justice John Edwards noted that new guidelines in England recommend caution when considering small amounts of residue. Conor Devally SC for the Director of Public Prosecutions said the guidelines were proposals and not yet established protocols. Keith O'Neill pleaded not guilty. Jill Dando was acquitted.
The Court of Appeal has adjourned the extradition appeal of Martin Jude Wall, a 46-year-old Irish national, requiring further information before ruling on his return to the United States. Wall, who pleaded guilty in February 2012 to attempting to entice a child for indecent purposes, was sentenced to a detention period of not less than 240 days and not more than one year. He was remanded in custody last November after Mr Justice Paul Burns ordered his surrender at the High Court. Wall appealed this decision, alleging that Georgia's sex offender registration rules, which prohibit residence within 300 metres of places where children congregate, would force him into homelessness and expose him to inhumane and degrading treatment. Counsel for Wall argued these conditions previously resulted in him living in a tent and facing violence. In response, Patrick McGrath SC, for the Attorney General, stated that Wall is being returned to serve a period of imprisonment, not to live in a tent. Ms Justice Aileen Donnelly, sitting with Mr Justice George Birmingham and Mr Justice John Edwards, stated the court had not yet decided whether the alleged circumstances would amount to inhuman treatment. The matter was adjourned, with a future hearing date to be set tomorrow.
A 37‑year‑old man was convicted of a campaign of violence and rape against his younger brother between 2001 and 2006. He pleaded not guilty to ten counts of oral rape, seven counts of assault causing harm and one count of intimidation. A jury found him guilty of all assault counts and two of the rape counts. He was sentenced to nine years for the rapes and five years for the assaults, with both sentences running concurrently. He appealed, arguing that the trial judge erred by not directing the jury to acquit on the remaining eight rape counts and by admitting a memorandum of his interview with Gardaí. The appeal contended that Gardaí had induced him to confess during a two‑hour interview, promising release if he cooperated. The court noted that the interview had no break and that the judge's decision to admit the interview was correct. The judgment was reserved.
The Supreme Court has agreed to hear an appeal by the Hellfire Massy Residents Association (HMRA) against the High Court's decision to uphold planning permission for a €15 million visitor centre at the Hell Fire club in the Dublin mountains. The HMRA challenged An Bord Pleanala's approval of the development at Massy's Wood estate and Montpelier Hill, arguing that the project would act as a visitor hub for the Dublin and Wicklow mountains and would alter the type, intensity, mix and balance of visitors to Montpelier Hill, Natura 2000 sites and Massy's wood. They claimed the board failed to assess impacts on natural habitats, bats and otters. In the High Court, Mr Justice Richard Humphreys dismissed the challenge, stating the HMRA had not established that the grant of permission was invalid and that the board had acted unlawfully in using flawed visitor figures.
In a case heard by the Court of Appeal, the appellant argued that the trial judge had exceeded his jurisdiction by directing a jury to acquit a 72‑year‑old man of four historic child sex‑abuse charges. The accused had pleaded not guilty to indecent assault allegations dating from 1968 to 1970. The complainant, a relative of the accused aged seven to nine at the time of the alleged offences, first reported the allegations to the Gardaí in January 2015. The accused was returned to trial in November 2016, but the trial lasted only one day because the judge refused to grant the Director of Public Prosecutions an adjournment. A pre‑trial hearing in March 2016 had informed the court that the complainant could not attend proceedings, and with the chief witness unavailable the judge directed the jury to acquit the accused of all charges the following day.
The Supreme Court has referred a legal issue to the Court of Justice of the European Union (CJEU) in an appeal brought by Naoufal Fassih, a Dutch national currently serving an 18-year prison sentence in the Netherlands for convictions including attempted murder. Fassih was extradited from Ireland to the Netherlands in 2017 under a European Arrest Warrant (EAW) issued by Amsterdam public prosecutors. He is challenging a request by Dutch authorities for Irish consent to his further prosecution on charges not included in the original EAW. The Minister for Justice opposes this action. The High Court and Court of Appeal previously ruled that Fassih could not raise this argument, as the legal issue was deemed decided in the prior surrender order. In a unanimous decision, the five-judge Supreme Court, led by Ms Justice O'Malley, determined that the complex relationship between the surrender order and subsequent consent requests involves autonomous EU law concepts requiring CJEU clarification. The Court asked whether a final surrender decision determines further consent requests and if national procedural rules preventing reliance on post-surrender CJEU judgments breach EU effectiveness principles. The Supreme Court also proposed an expedited hearing. The matter was adjourned pending the CJEU's determination.
Robert O'Leary, a 43‑year‑old used‑car salesman from Finglas, was convicted in October 2020 by a Special Criminal Court of membership in the Irish Republican Army (Óglaigh na hÉireann) after a car he sold was used in a bombing. He served three years before the conviction was quashed when it was revealed that the prosecution had not disclosed that the chief witness, Nik Kasapi, was a convicted drug dealer. The Court of Appeal, presided over by Justice George Birmingham, adjourned the case to allow the Director of Public Prosecutions to decide on a retrial. The DPP announced that no fresh proceedings would be brought and O'Leary was released. He has vowed to keep his case public and to challenge the existence of the Special Criminal Court, arguing that he was jailed for a crime he did not commit and that the evidence against him was withheld.
In February 2022 the Court of Appeal considered a case where a man had been charged with arson for setting fire to a house in Dublin in 2018, where his partner and child were inside and the door was wide open. The charge was initially dropped, but after a victim complained to the Director of Public Prosecutions (DPP) the DPP reviewed the case and recommended the charge be reinstated. The man, who cannot be named, applied for a judicial review of the DPP's decision to prosecute him a second time, but the application was refused. He then appealed, arguing that the DPP had erred in law and fact, had misinterpreted the Criminal Justice (Victims of Crime) Act 2017, and that multiple contrary decisions breached fair procedures. The unnamed appellant had the case struck out.
In a Court of Appeal hearing on 15 February 2022, a senior judge warned Stephen Ennis, 32, that the "ball was in his court" if he wished to avoid a prison term after a one‑year sentence was quashed. Ennis had stabbed a hospital doctor three times in the back with a needle taken from his own arm during the first wave of the pandemic in St James' Hospital, Dublin. The doctor, a foreign national who had moved to Ireland to train as an emergency medicine consultant, was left "shattered" and later gave up that career. Ennis had 72 prior convictions, including violent disorder, drug possession, knife possession, burglary and begging. The Director of Public Prosecutions appealed the original sentence, arguing it was unduly lenient, while Ennis' counsel argued he was a drug‑addicted, mentally detached offender who had been drug‑free for six months. Stephen Ennis pleaded guilty.
Daniel Kelly, aged 35, was convicted and jailed for two years after a high‑speed chase in County Limerick. He had repeatedly rammed Garda patrol cars, driven at 130 kph in 80 kph zones, and collided with other vehicles while evading arrest. The jury found him guilty of one count of damaging property, one count of endangerment, and three counts of dangerous driving. He was banned from driving for six years. Kelly appealed, claiming the trial judge erred in law and fact, and that the judge failed to properly instruct the jury on the lack of forensic examination of his van. The Court of Appeal dismissed the appeal, ruling that the judge's conduct was not unfair and that the jury instructions were adequate. The convictions and bans remain in force.
Daniel Leonard, 32, of Barton Park, Dundalk, was jailed for three years after pleading guilty to theft, assault and burglary at a residential premises on Chapel St, Dundalk, on 28 June 2020. He was caught by the homeowner moments after stealing a bicycle, a car key and a power drill, and then began to throw punches at the homeowner before being restrained and arrested. Leonard, who has five previous burglary convictions, appealed the severity of his sentence at Trim Circuit Criminal Court. In his appeal, his lawyers conceded that he had been detained in the street by the homeowner and that he had been drug‑addicted for several years at the time of the offence. The Court of Appeal, hearing submissions from both sides, found no error in principle in the original sentencing and dismissed the appeal. Leonard's sentence of three years remains in force, with no reduction or suspension granted.
A 44-year-old Lithuanian man has failed in his appeal against a four-year custodial sentence imposed for managing a cannabis cultivation operation in Ballymote, County Sligo. Danius Gastilavicius pleaded guilty to cultivating cannabis plants at the premises on 26 March 2020 and was sentenced to five years' imprisonment with the final year suspended by Judge Francis Comerford at Sligo Circuit Criminal Court in December 2020. Gastilavicius argued the sentence was disproportionate compared to that of his teenage co-accused, who received three years with the last 20 months suspended. His counsel submitted both men were apprehended at the scene and noted fewer than 20 plants were recovered. The Director of Public Prosecutions contended the appellant held a managerial position and had significant previous convictions, distinguishing his culpability from his younger co-accused. The Court of Appeal dismissed the application, finding Judge Comerford had properly assessed each offender's respective roles.
In a case heard by the Court of Appeal, Dmitrijs Venskovics, a 45‑year‑old Latvian farmer turned lorry driver, was denied a reduction of his eight‑year jail sentence for the importation of 36 kg of cocaine. Venskovics had pleaded guilty at the Dublin Circuit Criminal Court to having the drugs for sale or supply on 24 April 2020 at a Maxol service station in Donabate. He claimed he was paid €200 to place the cocaine in his lorry and that he had no serious financial gain from the contraband. His counsel argued that his client, who suffers from a heart condition and does not speak English, should have part of the sentence suspended so he could return to Latvia. The Director of Public Prosecutions maintained that the eight‑year term was within the ambit of previous sentences for similar offences.
The Court of Appeal has rejected Martin Kearney's bid to have his driving licence restored, upholding a previous decision by Judge Francis Comerford at Sligo Circuit Criminal Court. Kearney, of Castlefield Manor, Ballina, Co Mayo, was jailed for four years in 2012 by Judge Anthony Hunt after admitting dangerous driving causing serious harm to passenger Lydia Branley. He was initially banned from the roads for 20 years, a sentence reduced to 12 years on appeal in December 2014. Kearney's barrister, Liam Dockery BL, argued before the Court of Appeal that Judge Comerford erred in law under Section 29(1) of the Road Traffic Act 1961, claiming the ban was purely punitive. However, Mr Justice John Edwards ruled that the application must be rejected. The incident occurred in September 2010 when Kearney lost control of his BMW at 150 km/h near Ballisodare, leaving Branley, then 25, paralysed. She spent nine months in a coma and remains unable to eat or talk without assistance. Ms Branley attended the proceedings in person, expressing relief at the outcome. Her representatives noted that Kearney had already been banned and should not have been driving that night. The court's decision effectively maintains the 12-year driving ban, denying Kearney's request to restore his licence.
A Kinahan-linked man convicted of attempted murder is challenging his conviction on appeal, arguing that mobile phone records used to secure his conviction breached his right to privacy under Irish and European Union law. Caolan Smyth, now imprisoned at Cork Prison, was found guilty at the Special Criminal Court in January 2021 of the attempted murder of James Gately in north Dublin on 10 May 2017. Smyth was sentenced to twenty years' imprisonment. His co-accused, Gary McAreavey, received three years for assisting in the destruction of the vehicle used in the shooting. At the Court of Appeal, counsel for Smyth submitted that phone location data gathered under the Communications (Retention of Data) Act 2011 should not have been admitted as evidence, citing a 2018 judgment that found the legislation incompatible with EU law. The Director of Public Prosecutions contended that the phone records were recovered lawfully and that the legislation remains valid. McAreavey separately appeals his conviction, challenging whether evidence proved his knowledge that a serious offence had been committed. Caolan Smyth pleaded not guilty. Gary McAreavey pleaded not guilty.
The Supreme Court quashed the conviction of Vincent Banks, a Dublin man in his early 50s, for being a member of the Irish Republican Army. The Court held that Banks' December 2012 arrest, made on suspicion of membership in an illegal organisation, was unlawful because it lacked a warrant required by the 1939 Offences Against the State Act. It also found that the prosecution's evidence was not strong enough to prove the offence beyond reasonable doubt. Banks had previously been arrested in September 2012 on the same suspicion but released without charge. The Special Criminal Court had convicted him in 2017 and sentenced him to five years' imprisonment. The Supreme Court, in a unanimous decision, allowed Banks' appeal and quashed the conviction, noting that the evidence presented did not meet the required standard of proof.
In a High Court preliminary hearing, Mr Justice Charles Meenan is asked to decide whether a judge who voted in March 2021 to adopt new personal injury guidelines should recuse themselves from hearing a case brought by Ms Bridget Delaney of Co Waterford. Ms Delaney, represented by Feichin McDonagh SC and Dermott Cahill SC, seeks a judge who did not take part in the vote to hear her case, arguing a perception of bias. The State, represented by Eoin McCullough SC, argues that all judges appointed after the vote are members of the Judicial Council, and that no division of the Supreme Court or Court of Appeal could hear an appeal on the matter. The Judicial Council has taken a neutral stance. Mr Justice Meenan has reserved judgment and will issue a written ruling soon, with other preliminary matters to be addressed next week.
A man from Crossmolina, County Mayo, has appealed his extradition to the United States, where he faces allegations of breaching bail conditions related to a previous conviction for attempting to entice a child for indecent purposes. Martin Jude Wall, aged 46, was convicted in Georgia in 2012 after pleading guilty to sending explicit images to what he believed was a thirteen-year-old girl during an undercover police operation. He subsequently fled to Ireland while on probation. The High Court ordered his extradition in October last year. At the Court of Appeal hearing, Wall's counsel argued that Georgia's sex offender legislation, which restricts residence within 300 metres of areas frequented by children, rendered him homeless and subject to inhumane conditions. The Attorney General's counsel contended that Wall would face imprisonment rather than homelessness upon return. Judgment has been reserved.
The Supreme Court has refused to order the extradition of Slawomir Wiktur Palonka, a 41-year-old Polish national residing in Ireland, to serve a prison sentence for drug offences committed in 1999 and 2003. The five-judge panel, including Mr Justice Peter Charleton and Mr Justice Gerard Hogan, rejected the appeal against the High Court's decision, citing exceptional delays and procedural confusion by Polish authorities. Mr Palonka was convicted of importing cannabis and received suspended sentences, which a Polish appeal court lifted in 2006, resulting in a ten-month custodial sentence. The court found that the 23-year delay between the offences and the extradition request was inordinate and oppressive to his family life under Article 8 of the European Convention on Human Rights. Mr Justice Hogan noted that Poland lacks a central authority for European Arrest Warrant matters, leading to disjointed requests and human errors. The court concluded that the delay prejudiced justice and that surrender must be refused, as the Polish authorities failed to provide adequate explanations for the inordinate lapse in time.
In 2020 the Central Criminal Court convicted a 60‑year‑old man of 30 counts of sexual assault against 14 girls aged 11 to 17, after he had pleaded guilty in 2002 to ten of those offences and received a nine‑year sentence with two years suspended. The court found that he lured the children into his apartment with money, jewellery and cigarettes before assaulting them. Ms Justice Tara Burns sentenced him to seven years for the additional 20 convictions. The defendant's lawyers appealed, arguing that the announcement of the first Covid lockdown the day before deliberations began, his prior theft convictions in England, missing Facebook messages, delays in prosecution and misdirection of the jury had made the conviction unsafe. The Court of Appeal rejected all grounds, upheld the conviction and affirmed that the jury had not been pressured or misdirected. The judge described the man as a "true predator" who offered a false refuge before assaulting the children.
Deirdre Brady, aged 54, was given a three‑year wholly suspended sentence after pleading guilty to two offences under Section 7 of the Criminal Justice Act for laundering almost €800,000 in illegal cash through bank accounts she controlled. The money, derived from criminal activity, was deposited in four accounts: a joint PTSB account with her husband containing €94,000; an Ulster Bank account with €347,000; an AIB account with €205,000; and a Bank of Ireland account with €85,000. Additional transfers included €34,000 to a resort for a wedding and €141,000 to Thomas Kavanagh, an Irish citizen in Spain. Brady's husband, Declan Brady, a senior Kinahan Cartel lieutenant, was jailed for seven years and three months for his role in the enterprise. The State appealed the sentence as unduly lenient, but the Court of Appeal upheld the suspended sentence, noting no evidence of coercive control by her husband.
Farah Damji, 55, a convicted fraudster who fled to Ireland in February 2020, faces extradition to the UK to serve the remaining 40 days of a nine‑month sentence imposed in her absence. The High Court, on 31 January, ordered her surrender and denied her application for a certificate to appeal. Mr Justice Paul Burns rejected the appeal, stating no uncertainty in law and no fundamental breach of her human rights, despite her lawyers' claim that UK prison mental‑health services could not adequately treat her complex PTSD. He granted a two‑week stay of the surrender, provided an appeal is lodged within 15 days of the order. Damji's legal team argued that extradition would violate her rights, but the judge found the argument speculative and refused leave to appeal. The case remains at the High Court stage, with Damji potentially appealing to the Supreme Court.
Muiris Flynn, a 32-year-old electrician from Co Sligo, is appealing his unfair dismissal from Iarnród Éireann to the Workplace Relations Commission. Flynn, who pleaded guilty in 2019 to dangerous driving causing serious bodily harm to Ms Áine O'Connor and Catherine Carey, drink-driving, and driving without insurance in Co Roscommon, was sentenced to 30 months in prison with the final year suspended. He served 10 months of this sentence. In March 2020, while incarcerated, he received a letter terminating his contract due to frustration. Iarnród Éireann's solicitor, John Brosnan, stated the company relied on legal advice that Flynn could not fulfil his contract while in jail and that a disciplinary process was inappropriate. Flynn's barrister, Michael Kinsey, argued the dismissal was a "flag of convenience" and highlighted that Flynn's employee handbook allowed for leave of absence up to two years. Adjudicating officer Brian Dolan noted the termination letter was sent halfway through Flynn's term, questioning the legal basis of frustration. The matter was adjourned, with the adjudicator to issue a decision in due course based on case law and Flynn's evidence. Separately, the Court of Appeal previously found Flynn's original sentence unduly lenient but did not increase his active custody, instead ordering a €20,000 fine.
Michael McGauley, aged 49 and formerly of Highfield, Carrickmacross, has had his prison sentence increased following a successful appeal by the Director of Public Prosecutions. McGauley pleaded guilty at Monaghan Circuit Criminal Court to five counts of deception and theft committed between February 2016 and October 2018, defrauding victims of approximately €149,600 in total. He was initially sentenced to three years' imprisonment with sentences running concurrently. The Court of Appeal, presiding over the case on 7 February 2022, found the original sentence unduly lenient and quashed it. Mr Justice Patrick McCarthy, sitting with Ms Justice Isobel Kennedy and Ms Justice Úna Ní Raifeartaigh, increased the sentence to five years' imprisonment, with sentences to run consecutively. The court noted the manner in which offences were perpetrated caused particular harm to victims. McGauley was ordered to surrender himself to prison authorities on 16 February 2022.
The Supreme Court dismissed former solicitor John Tobin's appeal against his adjudged bankruptcy, which stemmed from €405,808 in secured judgments by the Revenue Commissioners. In its decision, the five‑judge Court held that an overstatement of debt must lead to dismissal of a bankruptcy summons if the debtor can show the overstatement is real and substantial. The court ruled that the summons must be dismissed even when the undisputed portion exceeds the €20,000 threshold. Mr Tobin had appealed a High Court refusal to dismiss a 2016 bankruptcy summons served under the 1988 Bankruptcy Act and the subsequent adjudication of him bankrupt. He claimed the sum sought was incorrect because he was due a €71,030 refund from Revenue for alleged overpayment of stamp duty. The Supreme Court found no basis for allowing the appeal, noting that Mr Tobin's application to dismiss the summons was out of time and that the debt overstatement did not justify dismissal.
Jose Lacerna Pena, 33, was convicted of orally raping a woman on Wicklow Street, Dublin, on 26 September 2017. The jury found him guilty after the judge noted that the assault was carried out "brazenly in the most public and humiliating manner" as people walked by. Pena, originally from Bolivia and without a fixed address, pleaded not guilty. In April 2020 he received a six‑year prison sentence. He has never accepted the verdict and appealed the conviction. The Court of Appeal, hearing the case in November, rejected his appeal. Justice Isobel Kennedy, sitting with Justices John Edwards and Patrick McCarthy, held that the jury was correctly instructed that the issue was lack of consent, not capacity. The appeal was dismissed, confirming the conviction and the sentence. The victim's impact statement described lasting emotional harm and gratitude to the men who intervened.
The High Court ordered the extradition of Farah Damji, 55, to the United Kingdom where she is wanted for fleeing a trial. Damji fled to Ireland in February 2020 during a UK trial and was convicted in her absence of two breaches of a restraining order. She was arrested in Dublin in August 2020 after a bench warrant was issued. At the High Court hearing before Mr Justice Paul Burns, Damji, who is recovering from Covid and has been diagnosed with complex PTSD, argued that surrender would return her to the same prison she had complained about. The judge said the grounds were insufficient and that she would serve only a short period in the UK. Damji's counsel applied for a postponement of the surrender to allow her to contest charges in Ireland, but the judge refused. Damji was remanded on bail to appear on Monday for an application to appeal the surrender.
In a 2022 Supreme Court decision, a mandatory interlocutory injunction that had forced the McDonagh family and their relatives to vacate council-owned land at Cahercallamore, Ennis, was struck down. The injunction, originally granted by the High Court in 2019 and upheld by the Court of Appeal in 2020, had required Bernard and Helen McDonagh to leave the land immediately pending a full hearing. The Supreme Court, hearing the appeal, ruled that the injunction was not justified. The court noted that the McDonaghs had lived in the area since 1998, first at a traveller development called Ashline, then in rented accommodation, and finally moved their caravans onto the disputed land in 2017. The council had claimed unlawful occupation and unauthorized development, citing the 2000 Planning and Development Act. The court highlighted the vulnerability of the Irish Traveller community and the need to balance planning law with cultural rights, concluding that the injunction was disproportionate and should not be enforced.
In a 2022 Court of Appeal decision, the three‑and‑a‑half‑year jail term given to Giuseppe Diviccaro, a 47‑year‑old Italian national, was upheld as not excessively lenient. Diviccaro, who lived on Addison Drive, Glasnevin, pleaded guilty to contributing to a criminal organisation and to money‑laundering offences between June 2018 and April 2019. He had opened seven bank accounts in Ireland, transferring over €200,000 of fraudulently obtained funds, most of which were quickly moved or withdrawn. The Dublin Circuit Criminal Court had noted that the accounts were opened using a legitimate Italian ID card but a fraudulent utility bill. Judge Melanie Greally sentenced him to five years' imprisonment, suspending the final 18 months on strict conditions, including leaving the jurisdiction within 14 days of release and not returning for 15 years.
Daniel Wyse, 18, of Killiney Heights, Cork, had his sentence reduced after an appeal. He had pleaded guilty to dangerous driving that caused the death of 16‑year‑old Kimberly O'Connor and serious injury to a 17‑year‑old male passenger in a crash on Harbour View Road in February 2020, when he was 16. He also pleaded guilty to failing to stop, driving without a licence and insurance, and failing to give gardaí appropriate information. The original sentence was four years detention followed by four years supervision, a 15‑year driving ban, and restrictions on naming him. The Court of Appeal, led by Mr Justice George Birmingham, reduced the detention to six years, suspended the final 18 months of the remaining four years for 18 months, and reduced the driving ban to ten years. The appeal was based on the fact that Wyse was a juvenile and had no prior convictions.
In a Court of Appeal hearing, the appeal of Eamon Roche, a 31‑year‑old farmer convicted of raping his former girlfriend, was dismissed. Roche had been found guilty of a single count of rape in April 2019 and sentenced to six years' imprisonment. He argued that the trial judge, Mr Justice McDermott, had not properly charged the jury on issues of recklessness and the significance of his post‑incident text messages. The Court of Appeal, led by Ms Justice Patrick McCarthy, held that the trial judge had adequately instructed the jury on the facts, the defendant's conduct, and the relevance of the texts. The appeal was rejected, with the court affirming that no further instruction was required. The decision confirmed the original conviction and sentence.
In January 2020, William Harty, aged 31, deliberately crashed his Peugeot estate car into his family home in Kilmanagh, Co. Kilkenny, causing over €50,000 in damage and leaving the building structurally compromised. He pleaded not guilty to endangerment and criminal damage, but a jury found him guilty at the Kilkenny Circuit Criminal Court and Judge Cormac Quinn sentenced him to five years imprisonment. Harty appealed, arguing that a 999 call made by his wife should not have been presented to the jury as real evidence. At the Court of Appeal, Kathleen Leader SC contended the call was hearsay and that photographs taken hours later showed the crime scene had not been preserved. Garret Baker BL for the Director of Public Prosecutions acknowledged some evidential infirmity but said it had no practical effect on the outcome. Harty expressed remorse for using his car as a battering ram while his wife and children, all under eight, were inside.