The Director of Public Prosecutions has appealed an 18-month custodial sentence imposed on a Donegal man, arguing it was unduly lenient. Leon Kelly, aged 34, pleaded guilty at Letterkenny Circuit Criminal Court to assault causing harm and criminal damage following incidents in April 2019 at Beechwood Grove, Lifford. The victim sustained a broken jaw and lost a tooth during an unprovoked assault. Kelly twice rammed his vehicle into the victim's car and home in what the court heard stemmed from a dispute over money. Following the first incident, Kelly fled and attempted to cross the River Finn into Northern Ireland, where he was apprehended by the PSNI. He rammed the home again eight days later. The DPP contends the original sentence failed to reflect the gravity of the offences, citing Kelly's use of a vehicle as a weapon while under the influence of alcohol as an aggravating factor. The Court of Appeal, comprising Mr Justice Séamus Woulfe, Mr Justice Patrick McCarthy, and Ms Justice Isobel Kennedy, reserved judgment.
The Court of Appeal reserved judgment on appeals by Leroy Howard and Stephen Coyle against their sentences for violent disorder arising from an August 2016 attack in Ashbourne, Co Meath. Both men were sentenced to seven and a half years in prison by Judge Martina Baxter in July 2020. Howard, who pleaded guilty to violent disorder and assault causing harm, had the final 12 months of his sentence suspended. Coyle, who was also sentenced for the same offences, had the final two years suspended. Counsel for both appellants argued that the judge erred in law by setting a headline sentence of 10 years, the maximum term for the offence, citing the lack of premeditation, absence of weapons, and short duration of the attack. The DPP opposed the appeals, arguing the violence was not spontaneous and warranted a sentence in the highest range. A separate appeal by Declan Byrne, who was convicted of violent disorder following a trial and sentenced to nine years with the final 12 months suspended, did not proceed due to his last-minute wish to change his legal team. The matter regarding Howard and Coyle remains pending as the court reserved its judgment.
In a High Court case, Janvier Tumusabeyezu, a Rwandan security guard, was injured when the car he rode in, driven by Daniel Muresan, crashed near Mullingar. Tumusabeyezu suffered soft tissue injuries, a bowel perforation, shoulder and back injuries, and later had abdominal surgery. He sued Muresan, who admitted negligence, and the Motor Insurers Bureau of Ireland (MIBI). The High Court ruled that MIBI was not liable for damages awarded to Tumusabeyezu. Muresan had no insurance, licence, NCT or tax on the Mitsubishi Colt. He claimed he had informed passengers of the lack of insurance, but Tumusabeyezu and two other passengers denied this. The High Court accepted Muresan's account, supported by a garda sergeant's testimony. Tumusabeyezu appealed, but the Court of Appeal dismissed the appeal, affirming the High Court's decision and ruling that the claim against MIBI must fail. The case remains at the appeal stage.
David O'Loughlin, aged 34, was convicted of murdering Liam Manley by throwing him down a 40‑foot rubbish chute, where he died of asphyxiation. O'Loughlin had 54 prior convictions, including four assault convictions and five for producing articles in disputes. He had previously been jailed for a "frenzied" stabbing in December 2005 that left two foreign men alive after being stabbed ten and six times respectively. In 2004 he was convicted of assault after stabbing a youth three times, and in June 2005 he stabbed a man under the heart after a verbal argument. The Central Criminal Court heard that the Court of Appeal had overturned his first murder conviction and replaced it with a manslaughter conviction, citing lack of intent to kill. O'Loughlin's defence counsel described his client as remorseful, having written a letter apologising to Manley's family and seeking forgiveness.
The Court of Appeal heard an appeal by the Director of Public Prosecutions against the directed acquittal of two men on a charge of IRA membership. The Special Criminal Court had ruled the 'belief evidence' of a Chief Superintendent inadmissible after Gardaí refused to disclose underlying files, citing State security. The trial judge found the evidence 'inherently tenuous' without disclosure. The DPP appeals with prejudice, arguing the evidence was statutorily admissible and that fairness issues could be managed by weight. Counsel for the first accused argued the trial judge correctly excluded the evidence due to a 'blanket' privilege claim, describing the trial as 'nearing the stage where this is just a farce.' Counsel for the second accused adopted these submissions, noting the key witness stated his client was not an IRA member. The Irish Human Rights and Equality Commission intervened, arguing that prosecution counsel must have oversight of the garda files to ensure proportionality and independence. They submitted that the DPP should view the files to understand the basis of the belief evidence. The Commission stated that lack of access to the files was 'subversive of independence.' The Court of Appeal, comprising President Justice George Birmingham, Justice Isobel Kennedy, and Justice John Edwards, reserved its decision.
The Director of Public Prosecutions (DPP) expressed concern that a campaign supporting Aaron Brady, who murdered Detective Garda Adrian Donohoe, had posted trial transcripts and other materials on social media, accompanied by commentary that could amount to contempt of court. At a brief hearing in the Court of Appeal, Brendan Grehan SC for the DPP requested an order that the transcripts released for Brady's upcoming appeal be used only for that purpose and not distributed further. Grehan noted that the campaign had promised in January that transcripts would be made available to anyone, which the DPP feared could undermine the appeal process. Michael O'Higgins SC for Brady argued that neither Brady nor the defence lawyers would provide the transcripts to anyone. Aaron Brady was found guilty.
In July 2019 a 73‑year‑old man was convicted by a Circuit Criminal Court jury of eight counts of indecent assault on his sister‑in‑law, who was six at the time. He was sentenced to three years' imprisonment. The man appealed, arguing that background evidence presented at trial – an incident at an outhouse two years before the abuse began, in which he allegedly masturbated in front of the victim – was irrelevant and that the jury should have been discharged. The Court of Appeal rejected the appeal. It held that the evidence was relevant to show grooming and the man's intent toward the child, and that the trial judge's instructions to the jury were correct. The court therefore upheld the conviction and the original sentence. The appeal was dismissed in an electronic judgment delivered on 1 July 2021. The decision confirms the trial court's findings and the three‑year custodial term. The case remains at the appellate stage. The unnamed 73-year-old pleaded not guilty.
The State has commenced an appeal at the Court of Appeal against not guilty verdicts directed during the 2019 Special Criminal Court trial of two men charged with IRA membership. The DPP argues that the trial judge, Ms Justice Tara Burns, erroneously ruled a senior garda's "belief evidence" inadmissible due to a "blanket" privilege claim that prevented meaningful cross-examination. At trial, the judge found the evidence "inherently tenuous" and directed acquittals after 36 days, citing fairness issues arising from An Garda Síochána's refusal to disclose underlying material to the prosecution or defence. Paul O'Higgins SC, for the State, contended the evidence was statutorily admissible and should have been assessed for weight rather than excluded. He noted the DPP's regret over late disclosure and argued the garda's 38 years of experience and other corroborative evidence, including phone and forensic data, supported the case. John D Fitzgerald SC, for the first accused, and Hugh Hartnett SC, for the second accused, defended the trial judge's decision, arguing that strict scrutiny of belief evidence was required and that the State's privilege claim rendered the evidence "valueless." The appeal continues before Mr Justice George Birmingham, Ms Justice Isobel Kennedy, and Mr Justice John Edwards.
The Central Criminal Court has adjourned the third trial of Zoltan Almasi, a 49-year-old truck driver, after the jury failed to reach a verdict. Almasi, who has been in custody for seven years, was charged with murdering Joseph 'JoJo' Dunne, a 20-year-old, at Harbour View, Naas, on 16th May 2014. Almasi pleaded not guilty to murder but guilty to manslaughter. The jury heard evidence that Almasi struck Dunne in the back of the head with a baseball bat after Dunne banged on his van, causing a fatal skull fracture. Almasi's first trial resulted in a murder conviction, which was quashed by the Supreme Court following an appeal on the grounds of provocation. His second trial also ended in a disagreement. In this third trial, the jury deliberated for over 13 hours before informing the court they were deadlocked. Justice Michael White allowed them to record a verdict of disagreement. The matter was adjourned, with Almasi remanded in custody until 16th July for the Director of Public Prosecutions' further directions. No final sentence or disposal was recorded at this procedural stage.
The Court of Appeal refused to allow Marian Lingurar Jnr, 26, to appeal his conviction for the manslaughter of John Kenny, 56, who was killed in a burglary at Kenny's pub in Oughterard on 25 September 2011. The court considered the impact of new proceedings on the victim's family, ten years after the killing, and found the appeal had little chance of success. It will, however, allow Lingurar to appeal his nine‑year prison sentence. Lingurar, a Romanian national who had broken bail, fled Ireland, and returned under a false name, was found guilty by a jury in 2019. The judge noted that Lingurar was a juvenile at the time of the offence and that the family's impact would be less if the sentence were appealed rather than the conviction. The appeal of the sentence will be heard after the defence argues that the sentence was overly severe given Lingurar's youth.
Michael Murray, a convicted rapist, is currently on trial for alleged threats to kill and harassment. He has pleaded not guilty to making death threats against Dominic McGinn SC and Tony McGillicuddy BL in late 2014 and early 2015, as well as harassing Mr. McGinn, his former solicitor, and his rape victim by advertising them online as prostitutes. During his testimony on day 11 of the trial, Murray claimed he had a "lawful excuse" for these actions, stating he intended to use the threats as a mechanism to force witnesses from his original trial into court to elicit evidence for a potential appeal. He alleged that the conduct of his previous trial, where his sentence was increased from 15 to 19 years by the Court of Appeal, justified his behavior. Under cross-examination, Murray admitted to devising six ads on BackPage.com that listed the personal phone numbers of the victims and intended to cause them distress. He acknowledged his intention to alarm the barristers and harass the complainant and his former solicitor. Despite these admissions, he maintained his defense was based on a lawful excuse related to the prior proceedings. The trial continues before Judge Karen O'Connor and a jury.
The Court of Appeal has rejected an appeal by Aaron Cassidy, a convicted driver from Edgeworthstown, Co Longford, who challenged the severity of his five-year jail sentence for dangerous driving causing serious bodily harm. Presiding with Justices Kennedy and McCarthy, Mr Justice George Birmingham described the appeal as "utterly lacking in merit" and the original sentence as "generous" and "lenient." Cassidy was convicted in June 2020 for injuring pedestrian Stephen Roche in September 2017. He also pleaded guilty to failing to report the accident after fleeing the scene and abandoning his van in a bog. The court noted Cassidy was heavily under the influence of alcohol and cocaine at the time. The sentencing judge had reduced a headline sentence of eight years and six months to six years, suspending 12 months, resulting in an effective five-year term. Cassidy was also disqualified from driving for 10 years. The Court of Appeal affirmed that the sentence fell within the available range and declined to increase it, despite noting they would have been more severe. The matter was concluded with the appeal dismissed.
Gerrard Dunne has lost his appeal against a prison sentence for endangerment and possession of a petrol bomb. The three-judge Court of Appeal, led by Mr Justice John Edwards, upheld the sentence imposed by Judge Melanie Greally at Dublin Circuit Criminal Court. Dunne, who pleaded guilty to throwing an ignited petrol bomb at Garda Karl Kelly on the Link Road, Darndale, Dublin, on April 29, 2019, argued that his original headline sentence was too high and that he deserved greater credit for his early plea and mental health issues. Justice Edwards rejected these arguments, stating the headline sentence of five years and six months was proportionate given the unprovoked nature of the attack and the lethal potential of the weapon. He noted that Garda Kelly avoided injury only by moving out of the way. The Court found no error in principle in the sentencing judge's approach. Dunne was sentenced to four and a half years in prison, with the final six months suspended for 12 months on strict conditions. The appeal was dismissed, leaving the original custodial sentence intact.
In a Court of Appeal hearing, Mr Justice John Edwards warned that barristers must provide evidence for any mitigation pleas they raise. He said the practice of presenting hearsay claims—such as a defendant's depression, drug or alcohol problems, suicide attempts, tragic family history, a sibling's paralysis, drug‑counselling attendance or periods of sobriety—without witnesses or supporting medical or other documentation is unacceptable and must stop. The judge emphasized that courts will not accept mitigation arguments lacking evidence.
The Director of Public Prosecutions has initiated High Court proceedings to challenge a Special Criminal Court determination that a man's conviction for IRA membership constituted a miscarriage of justice. Michael Connolly, aged 47, from County Louth, was originally convicted in 2017 and sentenced to three years imprisonment following his observation by gardaí in convoy near Convoy, County Donegal, in December 2014 alongside another man found carrying two improvised explosive devices. The Court of Appeal overturned his conviction in 2018, and he was subsequently acquitted following retrial in 2019. The Special Criminal Court found in June that the original conviction resulted from a grave defect in the administration of justice, determining that an Assistant Commissioner's belief evidence breached the "double-counting" rule by relying on material also contained in the book of evidence. The DPP contends the miscarriage finding is flawed and unsustainable, arguing evidence properly established Mr Connolly's involvement in transporting the devices. Mr Justice Meenan granted a stay on the decision, with the matter to return before the High Court in October.
A would-be ATM thief who almost caused a massive explosion that could have killed him has lost his appeal against the severity of a five-year jail sentence imposed for attempting to blow up an ATM at a filling station in Cork last year. Evan Stubbins (25), an unemployed single man from Church Road, Croom, Co Limerick, was convicted at Cork Circuit Criminal Court last November for the possession of explosives after pleading guilty to possessing a blow torch and canisters containing oxygen and propane in an attempt to blow open an ATM at the Maxol garage at Carr's Hill, Carrigaline, Co Cork on August 2, 2020. He also pleaded guilty to separate charges of criminal damage and attempted theft. At a sitting of the Court of Appeal, counsel for Stubbins, Ray Boland BL, argued that the sentencing judge, Judge Seán Ó Donnabháin, had not given the appellant a sufficient reduction from the headline sentence of seven years for his signed guilty plea. Counsel said the judge had also erred by failing to further reduce the length of the sentence by taking into account various mitigating factors including Stubbins' youth, his cooperation with gardaí and the fact that the offence was committed under duress as part of his efforts to pay off a drug debt to unnamed individuals. The matter was adjourned.
In a Dublin Circuit Criminal Court hearing, a man was sentenced to 18 months in prison for a single charge of sexual assault against a 14‑year‑old girl in 2017. The victim, who was ill and in bed, described how the accused entered her room, rubbed her head, pulled her blanket off, and exposed her breast. She later told her family and gave a statement to Gardaí. The judge, Elma Sheahan, noted the breach of trust and the disparity in ages, and suspended the final 15 months of a two‑year‑nine‑month term on strict conditions. The teenager, now 18, gave a victim impact statement detailing anxiety, shame, nightmares, and a loss of trust. The accused, who has four prior convictions for minor offences, has not accepted the verdict and intends to appeal. The case was prosecuted by Sinead McMullan BL. The unnamed 14-year-old pleaded not guilty.
In a 2021 appeal hearing, the Court of Appeal expressed strong concern that the defence of a man serving a 10‑year sentence for infecting two former partners with HIV had failed to raise a key issue about the judge's instructions on circumstantial evidence. Judge John Edwards noted that the omission was "obvious" and could be considered a "flagrant denial of justice" if not addressed. Counsel Paul Greene was given one week to submit affidavits and arguments, while the Director of Public Prosecutions had a week to reply. The case, first of its type in Ireland, involved a 30‑year‑old African man convicted in 2018 for intentionally or recklessly causing serious harm to two women between November 2009 and June 2010. The appeal focuses on procedural matters rather than the merits of the conviction. The hearing will resume after the submissions are reviewed.
In a Court of Appeal hearing on 24 June 2021, Calvin Cullen, aged 22, withdrew an appeal against his murder conviction, despite his lawyers' advice. Cullen, convicted in September 2020 for the November 2018 murder of David Boland, 34, had previously pleaded guilty to manslaughter but not to murder. The appeal, based on a single ground that the trial judge had refused to allow the jury to consider provocation as a partial defence, was now abandoned. Cullen, represented by barrister Brendan Grehan SC, confirmed he no longer wished to proceed. Judge John Edwards, hearing the case via video link from Mountjoy prison, asked Cullen if he was "completely certain" about the withdrawal; Cullen affirmed his certainty and satisfaction with the legal advice. The judge permitted the withdrawal. Cullen's original conviction was obtained at the Central Criminal Court in Kilkenny, where Judge Tara Burns sentenced him to life imprisonment following a unanimous jury verdict.
The Court of Appeal will re‑sentence Emma Fehily, a 37‑year‑old fraudster, after the Circuit Criminal Court imposed a one‑year fully suspended sentence that the Director of Public Prosecutions argued was unduly lenient. Jane Hyland BL presented evidence that Judge Sean O'Donnabhain had expressed displeasure with Fehily's early releases, describing them as a "complete and utter joke" and suggesting the governor of Limerick Prison had not taken white‑collar crime seriously. Fehily had pleaded guilty in 2020 to forging character references and had prior convictions for multiple thefts totalling over €25,000 and €34,000. Mr Justice John Edwards said the sentence was outside the norm but could not re‑sentence today because the defence had failed to provide evidence for claims of depression, self‑harm and suicide attempts. He ordered that medical evidence be supplied before a new hearing on 26 July, noting that the court would not allow Fehily to remain at liberty until then.
In a Dublin pigeon club shooting, Christopher McDonald, 36, was convicted of murdering 36‑year‑old Keith Walker after firing 18 bullets from a sub‑machine gun. McDonald, who was dressed in women's clothes and wearing a black wig, was found guilty by a unanimous jury in 2017. He appealed, arguing that a witness, Jason O'Connor, who lunged at him in court, should have caused the jury to be discharged. The three‑judge Court of Appeal, led by Mr Justice George Birmingham, rejected the appeal, stating that O'Connor's outburst, though "unacceptable," would not have prejudiced the jury. The court also dismissed claims about DNA sampling and witness discussions, affirming the trial's fairness and the verdict's validity. The decision confirms McDonald's murder conviction and the jury's unanimous verdict.
The High Court has adjourned the extradition appeal of Imre Arakas (62) to Lithuania. Arakas, currently serving a six-year sentence in Portlaoise Prison for conspiring to murder James Gately in Northern Ireland in 2017, is challenging a European Arrest Warrant. Lithuanian authorities allege he conspired to murder Deimantas Bugavicius in 2015, alongside firearms and criminal damage charges. Arakas pleaded guilty to the Gately conspiracy in December 2018. During the hearing, defense counsel cited an eyewitness who identified Arakas as not present at the Bugavicius scene, arguing no decision to prosecute had been made. The Minister for Justice's counsel countered that the warrant was issued for criminal prosecution. Mr Justice Paul Burns adjourned the matter, directing counsel to draft questions regarding the Lithuanian authorities' intention to try Arakas at the time the warrant was issued. The resumed hearing is fixed for July 15, with a mention scheduled for July 12. Arakas was remanded in custody until next month. His current sentence expires in October 2029.
An 85‑year‑old taxi driver, John Walker, was convicted in 2019 of 40 counts of indecently and sexually assaulting his adopted daughter, Jennifer Kelly, over a decade from 1990 to 2000. The jury found him guilty on all counts and he received a three‑and‑a‑half‑year jail sentence. Kelly, who was aged eight to eighteen during the abuse, gave a victim impact statement describing Walker as "an evil man, a dangerous man" who abused her for personal gratification. Walker maintains his innocence and has appealed the conviction, arguing that missing evidence from two witnesses—his deceased mother and a teacher—undermined the fairness of the trial. He claims the judge failed to warn the jury about the absence of corroborating evidence and the delay between the offences and the trial. The Court of Appeal has reserved judgment on the appeal. The unnamed 85-year-old pleaded not guilty.
A 56-year-old travelling salesman has appealed his conviction for rape at the Court of Appeal. The appellant, who maintains his innocence, was sentenced to five years in prison in October 2018 by Mr Justice Paul McDermott after a jury at the Central Criminal Court found him guilty by a majority verdict of raping a 24-year-old mother of one in a camper van in Co Cork on August 2, 2015. The jury was unable to reach a verdict on a separate rape charge from the same date. At the time of the offence, the man was serving a suspended two-year sentence for sexually assaulting a 19-year-old woman in 2011. Counsel for the appellant, Michael Bowman SC, argued that text messages of a sexual nature between the appellant, the victim, and another employee should not have been admitted as evidence. He contended the texts were irrelevant or inadmissible hearsay and that the conviction was perverse given the jury's failure to convict on the other count. Bowman also claimed the trial judge's charge to the jury was inadequate and imbalanced. Opposing the appeal, DPP counsel Alice Fawsitt SC stated the texts were necessary to provide context and noted the appellant had effectively admitted initiating sex while the victim was asleep. The Court of Appeal, presided over by Mr Justice George Birmingham with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, reserved their ruling. The matter was adjourned.
In a 2021 appeal, a 73‑year‑old man who was convicted in 2019 of indecent assault on his sister‑in‑law, then six, seeks to overturn his three‑year sentence. He argues that background evidence of a 1973 incident, described as "grooming," was improperly introduced at trial. The evidence involved an alleged incident at a christening where the victim, then four, was observed by the defendant and his sister‑in‑law, who allegedly called her a "dirty girl." The appellant's counsel contended that this incident was unrelated to the later indecent assaults, which involved digital penetration, and that it was not a crime at the time. The State maintained that the incident was relevant to the defendant's intent and the victim's perception of the abuse. The Court of Appeal will consider the appeal. The unnamed 73-year-old pleaded not guilty.
Shafik Qadri, a 51‑year‑old Pakistani national, was sentenced to six years in prison in October 2018 for raping a woman he invited to dinner in January 2016. He appealed at the Court of Appeal, arguing that Gardaí failed to take two witness statements. The statements in question were from a work colleague of the victim and the colleague's girlfriend, who had been told by the victim about the incident before reporting it the following day. Qadri's counsel, Michael Bowman SC, claimed that the omission compromised the fairness of the trial. The DPP's counsel, Shane Costelloe SC, dismissed the appeal as speculative, noting no issue was raised during the trial and that the Gardaí had not disclosed any information to the defence. The judge reserved judgment on the appeal.
Stephen 'Rossi' Walsh, a 74-year-old former resident of Rathgar, Dublin, appealed his 2010 conviction for two counts of indecent assault at the Court of Appeal. Walsh, who represented himself at the original Dublin Circuit Criminal Court trial, argued that adverse media coverage published the day before his trial impaired his right to a fair trial. Counsel Paul Carroll SC submitted that Judge Patrick McCartan failed to apply fair procedure by not adjourning the proceedings to allow a "fade factor" for juror memory, despite Walsh's complaint about newspaper articles referencing his prior convictions. Walsh also alleged judicial bias, claiming Judge McCartan was familiar with him through the Prisoners' Rights Organisation. The State, represented by Dean Kelly SC, countered that the trial judge was fair and that Walsh himself raised his criminal history. The appeal concerns the October 21, 2010, conviction where Walsh was sentenced to three years' imprisonment, a term made consecutive to a prior 10-year sentence for rape. Presiding Judge John Edwards reserved judgment, noting that a decision would not be issued in the next short weeks. The matter remains adjourned pending the court's final determination on whether the pre-trial media coverage compromised the trial's fairness.
Michael Murray, 50, of Killiney, Dublin, is on appeal regarding charges of making death threats against prosecuting barrister Dominic McGinn SC and Tony McGillicuddy BL between November 2014 and February 2015. Murray, a convicted rapist, has pleaded not guilty to these allegations, which include leaving threatening messages and posting online advertisements describing the legal professionals as prostitutes. During the trial, evidence emerged that Murray admitted to ordering the murder of Mr McGinn, stating he only did not proceed because he intended to do it himself. He also acknowledged making calls threatening to kill the barristers. Separately, Murray pleaded guilty to possessing a mobile phone without the governor's permission while in custody at Midlands Prison on February 11, 2015. He claimed the device was given to him by his solicitor while he was in hospital. The court heard that prison officers discovered the phone during a search after Murray resisted them. The matter was adjourned, with the trial continuing before Judge Karen O'Connor and a jury, expected to last up to four weeks. No final sentence or disposal has been recorded for the guilty plea to the phone possession charge at this procedural stage.
In a 2021 Court of Appeal decision, a 41‑year‑old man's five‑and‑a‑half‑year jail term, originally imposed for two sexual assaults on his step‑daughter, was reduced by two years. The first assault occurred in early 2015 when the man, while seated beside the bed, fondled the girl's breasts while her mother slept. The second assault took place in mid‑2016, after a pub visit, when the man again forced his hand under the girl's t‑shirt. The original sentences—five years with 18 months suspended for the first offence and five years with three years suspended for the second—were set to run consecutively. The Court of Appeal, citing the severity of the offences and the victim's severe impact, removed the suspended portions and set concurrent custodial terms of two years for the first offence and three‑and‑a‑half years for the second, back‑dating them to the original sentencing date.
In 2021 a 37‑year‑old serial sex attacker appealed his 18‑and‑a‑half‑year jail term for three premeditated attacks on women in a Dublin suburb. The attacks, carried out in 2011, 2015 and 2016, involved a hunting knife, sexual assault and false imprisonment. He pleaded not guilty to nine charges. DNA evidence linked him to the victims and Gardaí found duct tape and cable ties in his van. A jury found him guilty on all counts. Judge Pauline Codd imposed consecutive sentences of eight years, nine and a half years and five years, suspending the final four years on the condition of completing sex‑offender programmes. He will serve nine years of supervision and a curfew after release. He appealed the sentence, arguing the headline sentence for false imprisonment was unduly severe, but the appeal was not yet decided.
A man from Dublin has appealed his conviction for membership of an unlawful organisation after a trial in the Special Criminal Court in 2018. Ciaran Maguire, aged 32, and co-accused Kevin Braney were found guilty of IRA membership following an incident in Co Meath on 13 July 2017, when the two men allegedly threatened a construction worker and demanded he withdraw a workplace injury claim against his former employer. The victim had suffered fractures to his arm, wrist and pelvis in a roof accident. Maguire was sentenced to four years and eleven months imprisonment. His counsel raised grounds of appeal this week, including claims regarding the lawfulness of his arrest, the admissibility of surveillance evidence, and alleged unfair trial procedures. The Director of Public Prosecutions' office contested these submissions. The Court of Appeal, presided over by Mr Justice John Edwards, reserved its decision.
In 2018, a 54‑year‑old man pleaded guilty to 21 charges of rape, attempted rape, anal rape and sexual assault against his daughter, aged between five and 17, over a 12‑year period. He also pleaded guilty to three counts of assault causing harm. Sentenced to 18 years in prison with the final three years suspended, the judge described the offences as "at the very apex of seriousness" and noted a profound breach of trust. The daughter's victim impact statement described the father's manipulation and abuse. The man appealed, arguing the life sentence headline was excessive, but the Court of Appeal dismissed the appeal, upholding the 18‑year sentence and the judge's assessment of the aggravating factors. The case involved repeated daily attacks, including rape, assault and intimidation, with the father claiming a "partner by night" relationship. The appeal was rejected, confirming the original sentence.
Jonathan Grimes, aged 33, had a six‑year jail term reduced to four years after a Court of Appeal decision. He had 161 prior convictions and was on bail for a burglary at the Irish Whiskey Museum when he stole a €300 tablet. He then committed two burglaries at Bewley's café on Grafton Street, stealing a cash belt and later a bottle of gin and a €1,500 laptop. He pleaded guilty to all three offences. Judge Elma Sheahan had originally sentenced him to four years for the museum burglary and three and four years for the café burglaries, with the last two years suspended, giving a net six‑year term. The appeal argued the museum sentence was too harsh and that mitigating factors such as substance misuse and a 10‑year‑old son had been overlooked.
Akbar Jafari, 35, an Afghani refugee, began a one‑year jail term after being caught with 14 bogus identity cards. He had originally received a fully suspended two‑year sentence from Dublin Circuit Criminal Court for conspiring to produce false identification documents between 2 and 17 January 2017. The Court of Appeal, finding the original sentence unduly lenient, quashed the suspended sentence and imposed a two‑year jail term with the second year suspended on the condition of a bond for good behaviour. Jafari entered the bond in court and his sentence commenced. He had been in contact with a Nigerian man in Dublin who had agreed to make the fake identities for his family members hoping to come to Europe. Jafari claimed he was acting out of humanitarian concern for his relatives, though the court did not accept this as a defence. The unnamed man pleaded guilty.
The Court of Appeal has dismissed the appeal by Séamus Morgan, who was found guilty of the murder of Laurence 'Bomber' Keane. The three-judge panel, presided over by Mr Justice George Birmingham, ruled that there were no grounds to find the trial unfair or the verdict unsafe. Morgan, a 53-year-old from Athy, Co Kildare, was sentenced to life imprisonment in January 2016 for beating Keane to death in a laneway near the Greenhills estate in July 2013. He had previously served an eight-year jail sentence after being found guilty of the manslaughter of James Hand in 2002. Defence counsel Seán Gillane SC argued that the trial judge erred regarding the admissibility of previous convictions and misdirected the jury on identification evidence. The Court of Appeal rejected these claims, finding the trial judge's approach on prior convictions and witness recognition evidence to be legally sound. The court also noted that while the judge's warning on street lighting was not strong, it was adequate given the focus on witness honesty. During the proceedings, the presiding judge and Mr Justice McCarthy recalled potential prior involvement in Morgan's earlier case. Both parties confirmed no objection to the original panel proceeding, and the appeal was ultimately lost.
A man from Aughavas, County Leitrim, has lost his appeal against conviction for money laundering and related offences at the Court of Appeal. Simon Gold, aged 56, was serving a seven-and-a-half-year sentence following his conviction in June 2019 on 20 charges, including money laundering of €1.6 million, deception, and use of false instruments. The Court of Appeal dismissed all 12 grounds of his appeal. During his trial at Dublin Circuit Criminal Court, evidence emerged that Gold had operated under multiple aliases and falsely represented himself as offering investment opportunities and loans to victims. A Danish businessman transferred €1.6 million to an account he controlled, whilst Irish victims, including a quarry owner and dairy farmer, were targeted with deposit schemes. The appeal court found no legal error by the trial judge in permitting the offences to be tried together, noting this presented a fuller picture of Gold's operations. Gold held 17 previous convictions spanning two decades.
In a 2021 Court of Appeal decision, the appeal of Romanian national Petronel Pal, aged 36, was dismissed, allowing his extradition to Romania. Pal, arrested in Dublin, faces charges of aggravated murder and organised crime for an alleged 2014 incident at Academy Square, Navan, where Romanian national Virgil Busa was assaulted and later died. Pal's lawyers argued that the extradition should be barred under Section 44 of the European Arrest Warrant Act, citing the Ian Bailey case to claim reciprocity was not established. The Minister for Justice countered that Ireland and Romania exercised extraterritorial jurisdiction on the same basis. Justice Aileen Donnelly, with Justices Úna Ní Raifeartaigh and Maurice Collins, ruled that the High Court had correctly considered the Romanian authorities' reliance on Pal's nationality and that the surrender was not prohibited. A 14‑day stay was imposed on the extradition order to allow a possible Supreme Court appeal.
The Court of Appeal has dismissed an appeal by Naoufal Fassih, a Dutch gang leader, who sought to halt a murder prosecution in the Netherlands. Mr Justice John Edwards, presiding over the three-judge panel, ruled that the appellant's grounds lacked merit. Fassih, a Dutch citizen of Moroccan origin, was previously surrendered to Dutch authorities under a 2016 European Arrest Warrant (EAW). In the Netherlands, he was convicted of attempted murder, assault, possession of false documents, and money laundering, receiving an 18-year prison sentence. In 2020, Dutch authorities requested permission from the Irish High Court to try Fassih for additional charges of murder and incitement to murder. The High Court granted this permission in July of last year. Fassih's legal team argued that the original EAW was issued by a Dutch public prosecutor, which a 2019 CJEU decision suggested might not qualify as a 'judicial authority,' thereby invalidating the basis for further prosecution. However, Mr Justice Edwards rejected this argument, stating that challenging the 2016 warrant constituted a collateral attack on a prior judicial decision. He affirmed that the High Court judge who ordered the surrender had already determined the prosecutor was a competent judicial authority, a finding that is res judicata and cannot be further challenged. The appeal was dismissed, allowing the Dutch prosecution to proceed.
Gerard O'Riordan, a 37-year-old father from Killarney, appeared before the Central Criminal Court in an appeal regarding the potential revocation of the suspended portion of his 2009 manslaughter sentence. O'Riordan was previously convicted of the manslaughter of James Brazier in 2007, receiving a 14-year term with the final 18 months suspended. After his release in June 2019, he entered a good behaviour bond. However, he was subsequently convicted of threatening to kill gardai, an allegation where he allegedly threatened to stab officers who entered his home. He also faced a separate fine for trespass and public order offences after threatening staff at an off-licence. Defence counsel Dean Kelly SC highlighted O'Riordan's rehabilitation, noting he has attended 24 anger management sessions and become a father. Mr Justice Michael White acknowledged these efforts but expressed concern over O'Riordan's history as a 'violent and dangerous' individual. The court did not revoke the suspended sentence immediately. Instead, the matter was adjourned for one year to monitor O'Riordan's behaviour. He agreed to return to court in May of next year, with the judge noting that the delay allows him to continue confronting the issues that have blighted his life.
Paul Crosby, a 25‑year‑old from Rathmullen Park, Drogheda, with 40 prior convictions, had his original five‑year arson sentence reduced to three years and six months, with the final six months suspended, by the Court of Appeal. The offence involved the 2019 arson of a stolen Volkswagen Polo, which was jump‑started by Crosby and two others, driven to a field, and set on fire. He pleaded guilty and was initially sentenced by a Dundalk Circuit judge to five years, the last six months suspended. The appeal argued the original seven‑year headline was excessive, citing the remote location of the fire and Crosby's early guilty plea. The Court of Appeal agreed, quashing the original sentence and imposing the reduced term, while requiring Crosby to bond for good behaviour for 12 months and remain under probation supervision for six months. The decision was based solely on the facts presented in the case.
In 2021, a man convicted of eight sexual assault and four rape offences against a child aged six to eleven between 2003 and 2008 lost an appeal. The Central Criminal Court had sentenced him to 12 years in prison in 2014. The victim, the daughter of the defendant's partner, had reported the abuse to social services in 2008 and was interviewed by specialists in 2010; the recordings were used as evidence. She claimed the perpetrator warned her that if she disclosed the abuse she would be "going ten feet under." The defence argued that the death of the victim's grandmother, who had testified in a prior trial, damaged the defence, and that the trial judge erred by allowing the interview DVDs and video‑link testimony.
The Court of Appeal has heard appeals from Matthew Cummins and James Davy against their convictions for the murder of Thomas Dooley. Sean Davy, the third convicted person, previously failed in a 2018 bid to overturn his conviction. All three men were found guilty by a unanimous jury at the Central Criminal Court in 2016 and sentenced to life imprisonment for the 2014 killing of the 64-year-old Offaly man. During the trial, the accused offered conflicting accounts, with Cummins and Davy blaming each other for the fatal blows, while Davy denied involvement. In the current appeal, counsel for Cummins argued that the trial judge's directions on joint enterprise were biased and that the indictment should have been severed. Counsel for Davy similarly contended that the judge's directions were confusing and that his client's reasonable excuse of fear was not properly addressed. The prosecution, represented by Patrick Treacy SC, maintained that all three men were intrinsically involved in the savage attack. The Court of Appeal, presided over by Justice George Birmingham with Justices John Edwards and Isobel Kennedy, reserved its judgment on these applications.
James Lammon, aged 48, was convicted in 2016 of the brutal, pre‑meditated murder of Jason Doogue in Athy, Co. Kildare, and received a mandatory life sentence. He is appealing on the ground that his legal team failed to challenge a disputed statement attributed to him by Garda Daniel O'Shea, who claimed Lammon had spoken about the murder in a Garda station exercise yard. Lammon denies the conversation ever occurred and says he never authorised the admission of excerpts from O'Shea's memo. His counsel argues that no clear instruction was given by Lammon to allow the evidence, and that the legal team's strategy was not supported by any record of his consent. The Court of Appeal has reserved judgment on the appeal, noting the case remains at the trial stage.
Richard O'Mara, 31, of Tallaght, Dublin, appealed his conviction to the Court of Appeal regarding two counts of rape committed in Co Clare in 2015. O'Mara had previously pleaded not guilty but was found guilty by a Central Criminal Court jury. He was sentenced to 14 years' imprisonment, with the final two years suspended on strict conditions, resulting in an effective custody period of 12 years. The appeal, argued by Michael Delaney SC, contended that the trial should have been halted because Gardaí failed to examine the crime scene at Ballymulcashel, Kilmurry, Sixmilebridge. Defence counsel cited a forensic report suggesting semen could have been detected on a sofa nine months after the incident, arguing this missing evidence deprived O'Mara of a realistic defence. The DPP, represented by Maurice Coffey SC, countered that the appellant had not met the necessary legal test for the absence of evidence to warrant a stay. The court, presided over by President George Birmingham, reserved its judgement. The matter was adjourned pending the decision.
The Court of Appeal has granted the Irish Human Rights and Equality Commission (IHREC) permission to intervene as amicus curiae in a criminal appeal, a first for Irish courts. The Director of Public Prosecutions (DPP) is appealing the Special Criminal Court's acquittal of two men charged with IRA membership. Last year, the non-jury court directed acquittals after Gardaí refused to disclose secret material underpinning Detective Chief Superintendent Anthony Howard's "belief evidence." The court ruled this evidence inadmissible due to unfairness arising from a blanket privilege claim, noting the remaining evidence was "inherently tenuous." Justice Tara Burns also cited "worrying aspects" of Howard's evidence in light of claims by State's-witness David Cullen. The DPP is appealing with prejudice, meaning a successful appeal could allow the men to be retried. The appeal is listed for July. While the DPP argued such intervention was unprecedented in criminal proceedings and might affect the balance, the IHREC maintained its role was not to favor either side. Court President Justice George Birmingham acknowledged the application was "effectively unknown" but confirmed the court's jurisdiction to accept it. He noted the IHREC's commitment to keeping its intervention "confined and focused." The court ordered the DPP and IHREC to file submissions within 14 days, while the respondents must submit theirs by Thursday. The IHREC stated the case raises significant human rights issues regarding the balance between protecting Garda investigations and ensuring a fair trial.
Daniel O'Brien, a 28‑year‑old banned driver, was found guilty of endangering a Garda and a mother with a newborn when he drove disqualified at a checkpoint in Cork City and later sped through a red light. He swerved at speed toward Garda Ryan Dillon, who feared for his life and was clipped by O'Brien's wing mirror. O'Brien then overtook a vehicle at a red light, narrowly missing a mother and her baby in a buggy, forcing them to retreat to the footpath. He had previously been sentenced in December for two counts of reckless endangerment and had 44 prior convictions, including an 18‑month prison term for slashing a man. Judge Seán Ó Donnabháin imposed a four‑year jail term and a 12‑year driving ban. O'Brien appealed to the Court of Appeal, but the appeal was dismissed, with the judges finding no error in the original sentencing.
The Court of Appeal reduced a four‑year jail sentence to two years for 75‑year‑old taxi driver Denis McSweeney, who fled the scene of a fatal collision that killed 49‑year‑old psychiatrist Dr Martin Lawlor on 15 December 2018. McSweeney pleaded guilty to four hit‑and‑run offences: failing to stop, failing to remain at the scene, failing to report the incident and failing to give information to gardaí. The original sentencing hearing at Cork Circuit Criminal Court in February had imposed five years, with the final year suspended, and a 20‑year driving disqualification. The Court of Appeal found the sentence excessive, citing McSweeney's age, lack of prior convictions, remorse and the absence of aggravating factors, and substituted a two‑year term. The decision was made after McSweeney's defence argued mitigating circumstances and the prosecution acknowledged limited case law on such matters.
A 37-year-old man, Sameer Syed of Grosvenor Lodge, Rathmines, Dublin 6, accused of murdering his wife Seema Banu (37), his daughter Asfira Riza (11), and son Faizan Syed (6) at Llewellyn Court, Rathfarnham, Dublin 16 on October 28 last year, will stand trial at the Central Criminal Court in June next year. The accused was charged with three counts of murder at Dun Laoghaire District Court on November 30 last year. At that time, arresting officer Detective Sergeant John White informed Judge Ann Watkin that reporting restrictions under Section 252 of the Children Act applied because two of the deceased were juveniles. The matter was adjourned and is now at the appeal stage. Mr Syed appeared via video-link for today's hearing and was remanded in custody until the trial date. The trial is expected to last five weeks, and the case was sent forward to the Central Criminal Court on April 28 after the accused was served with the book of evidence. Free legal aid was granted, and there was no State objection. The Children (Amendment) Act 2021 has been signed into law, which removes the restriction on naming deceased children except in certain exceptional circumstances.
In a 2021 appeal, the Court of Appeal dismissed the case of Andrzej Benko, 48, who had been convicted of attempted murder after striking his wife, Joanna, on the head with a lump hammer while she slept on 5 July 2010. Benko had been sentenced to 15 years in prison by the Central Criminal Court in April 2014. His lawyers argued that the trial judge's direction to the jury about the presumption that an accused intends the natural and probable consequences of his actions was inappropriate, claiming that such a presumption applies only in murder cases under the Criminal Justice Act 1964. Justice Ni Raifeartaigh rejected this argument, citing case law that the presumption extends to a wide range of offences involving intent. She also found the trial judge's direction correct, noting that the burden of rebutting the presumption lay with the prosecution. Benko's appeal was therefore dismissed, leaving his conviction and sentence intact.
Joseph Behan, 45, of Edenmore Park, Raheny, was convicted in February 2020 of robbery, attempted robbery, assault causing serious harm, assault causing harm, possession of a firearm and reckless discharging of the firearm after he shot two workers at Mizzoni's Pizza on New Year's Day 2019. He was sentenced to 15 years' imprisonment for assault causing harm. Behan now appeals his conviction, arguing that the search warrant for his house was not lawfully obtained and that a glove found with firearms residue was unconstitutionally seized. His barrister, Ronan Munro SC, contends that the warrant was issued by Detective Superintendent Paul Scott, who was involved in the investigation, and therefore was not independent. The Court of Appeal has reserved its judgement. The appeal focuses solely on the alleged unlawful search and seizure, not on the trial findings or sentencing.