The Central Criminal Court sentenced a man to eight years in prison for the repeated rape of a girl between 2009 and 2011. The appellant, who pleaded guilty to rape, oral rape, and rape with a tampon, as well as six further similar counts, was convicted of these offences. Mr Justice Michael White described the attacks as shocking and premeditated, noting the man abused the trust of the victim's mother to gain access to the child. The sentence consists of concurrent nine-year terms for each offence, which will run consecutive to the 15-year term the man is currently serving for the rape of another child. The final year of the new sentence was suspended on the condition that the man makes himself available for assessment for the 'Better Lives' sex offenders programme. The court noted the absence of genuine remorse, despite the guilty plea saving the victim the trauma of testifying. The man had previously been convicted in 2017 of possessing child pornography found on a computer seized during a 2012 search. While the victim has requested the publication of the man's name, a Court of Appeal ruling prevents this without a specific court order. The matter was finalised with the imposition of this custodial sentence.
John Waters and Gemma O'Doherty appealed a High Court refusal to allow them to challenge the constitutionality of Covid‑19 laws. The Court of Appeal, sitting with Justices Birmingham, Edwards and Costello, reserved its decision after hearing submissions. The applicants argued the High Court's denial was wrong, claiming they were denied a fair hearing and that the proceedings were held in camera, preventing public attendance. They criticised the pandemic restrictions as "draconian" and "unconstitutional", questioning the use of masks, social distancing, testing accuracy, vaccine safety and the official death count. The State, represented by Michael Collins SC and Patrick McCann SC, urged dismissal, describing the applicants' submissions as "appalling" and lacking evidence. The appeal concerns the High Court's refusal to grant leave, not the substantive merits of the constitutional challenge. The Court of Appeal has not yet ruled.
Liam Campbell, aged 58, who was found civilly liable for the 1998 Omagh bombing, is fighting extradition to Lithuania where he is suspected of international weapons trafficking for the Real IRA between late 2006 and early 2007. His lawyers argue that the High Court should not surrender him because Lithuanian authorities have not yet decided to charge or try him, citing section 21A of the European Arrest Warrant Act 2003 and an affidavit indicating pending evidence. The Court of Appeal, presided over by Mr Justice John Edwards, has reserved judgment. The Lithuanian EAW alleges Campbell prepared a crime, illegally possessed firearms, and engaged in terrorism, with a maximum 20‑year sentence. Campbell previously spent four years in custody in Northern Ireland during a prior extradition attempt but was released after a rights‑breach objection. The case remains at the appellate stage.
In a 2021 Court of Appeal decision, a 36‑year‑old man convicted of serial sexual assaults in Clondalkin was denied an appeal. The judge upheld convictions for false imprisonment, sexual assault and assault causing harm across three attacks in 2011, 2015 and 2016. The final assault involved a knife and resulted in a victim's hand injury requiring surgery. DNA evidence linked the suspect to all victims, and items such as duct tape and cable ties were found in his van and at the crime scenes. He received a 18‑year‑six‑month sentence, described by the sentencing judge as "brutal and primal" and "premeditated." The appeal was dismissed on all grounds, including alleged breaches of custody regulations and unlawful detention, with the court finding no prejudice or illegality. The defendant will serve a nine‑year supervision period after release.
In a 2017 Circuit Court trial, 43‑year‑old accountant Sidney Sutton of Ashbourne was convicted of four counts of assault, one count of assault causing harm and one count of producing a knife capable of inflicting serious injury. The offences occurred on the early hours of 6 February 2016 when Sutton, after a wedding in Slane, returned home with his partner Edele Aherne. He allegedly pushed her into a taxi, then punched and kicked her in their home, dragged her to the floor, stamped on her legs and finally stabbed her in the leg and shoulder with a knife. Sutton pleaded not guilty, claiming Aherne had assaulted him and self‑harmed. The Court of Appeal heard that he had fallen out with several solicitors and granted an adjournment to 26 April, warning that failure to proceed would result in the appeal being disposed of as abandoned.
Catherine Gaffney, 53, is in custody at Dochas Centre, Mountjoy Prison, after convictions at Dublin Circuit Criminal Court. She is wanted in Northern Ireland for alleged theft of six designer handbags and an obstruction offence. Gaffney applied for bail in the High Court, arguing that the European Arrest Warrant should not preclude bail. The High Court refused, citing section 27 of the European Arrest Warrant Act 2003, which states that a person in her situation "shall not be remanded on bail or otherwise released from custody." Gaffney appealed to the Court of Appeal, but the three‑judge panel, led by Mr Justice John Edwards, dismissed the appeal. The Court confirmed that she must be surrendered to UK authorities upon release. The alleged offences involve Mulberry handbags stolen in July, August, November and December 2016, and an attempt to steal a seventh handbag and a purse on 10 December 2016, as well as obstructing a constable on that day.
An Algerian man, Lounes Ouachek, 50, of Tallaght, pleaded guilty in 2014 to attempting to murder his wife, Ruta, by striking her with a kettlebell on 23 August 2012. He was sentenced to 15 years' imprisonment, with the final three years suspended, and the sentence was reduced by one year in 2015. In January 2021, Ouachek applied to the Court of Appeal for permission to bring a new appeal after the statutory period had passed. He claimed he was misled by his legal team, that Garda evidence was fabricated, and that he had not understood English or had an interpreter at his hearing. The Court of Appeal, hearing arguments from the Director of Public Prosecutions, found no basis to extend the time and refused his application. The appeal was therefore denied. The case remains at the stage of a denied appeal application.
In a case heard by the Court of Appeal, a 17‑year‑old who pleaded guilty to the murder of his friend Glen 'Ossie' Osborne was sentenced to life detention with a review after ten years. The defendant, who used a knife to stab Osborne on 15 April 2020, will remain at Oberstown Detention Centre until his 18th birthday, when he will be transferred to an adult prison. The judge noted the aggravating factor of the defendant's armed assault and the mitigating factor of his early guilty plea, sorrow, regret and remorse. He also highlighted the defendant's behavioural, boundary and anger issues, describing him as impulsive with a chaotic lifestyle. The Court of Appeal ordered transcripts to be furnished and adjourned the case to 2 March for a full hearing, as the defendant seeks to appeal the severity of the life sentence before he turns 18.
The Court of Appeal upheld a four‑year sentence for a 17‑year‑old unlicensed driver who, after buying a car for €100 the day before, sped through tight turns in a residential area and struck a toddler on 25 March 2019. The child was thrown into the air, left bleeding and lifeless, and suffered severe injuries including a broken collarbone, broken shoulder blade, fractured hip, collapsed lung, brain bleed and permanent traumatic brain injury. He spent eight days in an induced coma, twelve days in intensive care, and remains unable to walk, talk or hold his head, requiring tube feeding. The defendant pleaded guilty to driving a dangerously defective vehicle, failing to stop, failing to remain at the scene, failing to report the incident to Gardaí and driving without insurance or a licence. The court imposed six years' detention, with the final two years suspended, and a 20‑year driving ban.
During a Court of Appeal application, a juror who had participated in the conviction of a man for raping his niece alleged that fellow jurors bullied each other and did not grasp basic criminal trial principles. The juror had contacted the convicted man's lawyers to complain about the behaviour of other jurors. The Court of Appeal granted the man more time to lodge his appeal and will later hear arguments on whether these revelations could lead to the conviction being overturned. The man was convicted in January 2020 by a unanimous jury verdict of raping his 16‑year‑old niece in 1978 and was sentenced by Mr Justice Paul Coffey to four years and six months. Mr Kenneth Fogarty SC, representing the appellant, argued that the jury had begun deliberations before all evidence was heard and that the jury was confused about the basic principles of a criminal trial.
In 2019 a 16‑year‑old pleaded guilty to two counts of defilement of a child under 15 after filming a 12‑year‑old girl performing oral sex on him while friends photographed the act. He threatened to send the footage to the victim's sport club if she refused to perform oral sex on one of his friends. He was sentenced to four years' imprisonment by Mr Justice Michael White, who described the offence as cruel and warned that the defendant had downplayed it to probation officers. The appellant appealed, arguing that his young age and lack of prior convictions should mitigate the sentence. The Court of Appeal, hearing Mr Bowman SC, noted the offence carries a maximum penalty of life imprisonment but reserved judgment. The case details the victim's distress and the defendant's threats to expose the footage. The appeal remains unresolved.
A man convicted of sexually abusing a child in County Mayo during the summer of 1978 has had his prison sentence reduced on appeal. The Court of Appeal found that the trial judge erred in principle by failing to apply any mitigating factors when sentencing. The man was found guilty by majority verdict in October 2018 of five counts of indecent assault and was initially sentenced to eight years and nine months, with one year and nine months suspended. The appellate court determined that the defendant's age at the time of the offences, his clean record over the subsequent forty years, and the significant delay before prosecution constituted relevant mitigating circumstances that should have been considered. Mr Justice Patrick McCarthy, sitting with the Court of Appeal President and Ms Justice Isobel Kennedy, re-sentenced the appellant to eight years and nine months with the final two years and nine months suspended, increasing the non-custodial portion of the original sentence.
During a Court of Appeal hearing, Ms Pauline Walley SC expressed grave concerns about the six‑day cross‑examination of a 12‑year‑old boy who had been repeatedly raped by his father. She noted that the child became exhausted, agitated and at times zoned out, and that the defence counsel spent two hours reviewing photo albums and a map with the boy, raising questions that were not substantive. Ms Walley argued that such prolonged questioning was unfair to a child, citing a psychiatric report that the boy had communication difficulties. The trial judge, Mr Justice Robert Eagar, had allowed the defence to take its time, while the Court of Appeal President, Mr Justice George Birmingham, emphasised that questioning a child requires adaptation. The case involved special measures under EU directives, with the boy giving evidence via video‑link and an intermediary assisting him.
The Court of Appeal has criticised the six-day cross-examination of a 12-year-old boy in an appeal against his father's 2016 conviction. The father, a 70-year-old UK national, was convicted of nine counts of raping his son from age six and one count of child cruelty for locking the boy in a box. He received a 15-year sentence, with the final year suspended, and a four-year supervision order. His partner, also from the UK, was convicted of child cruelty but acquitted of sexual assault allegations. The appeal, presided over by Mr Justice George Birmingham, is ongoing. Counsel for the appellant argued that evidence of a video showing consensual sexual acts was prejudicial and irrelevant, while the DPP contended it was probative. The court also addressed the admissibility of the father's previous theft convictions. The boy, who was removed from the family home in 2011, provided a victim impact statement expressing severe trauma. The matter was adjourned and continues tomorrow.
A case currently in appeal involves Paul Gregory (56) of Lucky Brook House, Cronroe, Ashford, Co Wicklow, who admitted to 205 counts of rape and sexual assault of his wife's two sons at his Co Wicklow home. The abuse, which began in 1993 when the victims were under ten years old and continued for a decade, was admitted by Gregory during a guilty plea in 2015. The victims, now adults, had previously waived their statutory anonymity, but a stay on the lifting of the gagging order was imposed to avoid prejudicing other trials. Those trials have since concluded, and the Director of Public Prosecutions (DPP) applied to lift the stay. Gregory has expressed concerns about his safety if his identity is published, and his legal team has raised questions regarding the interpretation of Section 252 of the Children Act. The matter was adjourned pending an application to the Court of Appeal by Gregory, but no such appeal has been made, and the deadline has passed. The court has now lifted the reporting restrictions, allowing Gregory to be named publicly. The case remains in the appeal stage, with no finalised sentence or disposal at this time.
A 38‑year‑old Pakistani man, father of three, was convicted of raping a woman in the back of his car on a beach date. He was sentenced to eight years' imprisonment, with the final 18 months suspended, after a jury found him guilty of rape but not of sexual assault. He appealed, arguing that the trial judge had allowed a friend of the complainant and a Garda to give evidence of what the complainant had told them the night after the rape, claiming this was hearsay. The Court of Appeal dismissed all grounds of appeal. The judge noted that the two accounts differed only in detail, not in substance, and that the evidence was sufficient for a guilty verdict. The appeal was rejected, leaving the original conviction and sentence in place. The case was heard in the Central Criminal Court in 2019, with the appeal decided in December 2020. The unnamed 38-year-old pleaded not guilty.
The Court of Appeal has dismissed a sentence appeal by Aaron Wilson, who was convicted of assault causing serious harm to Aaron Kiely in Dublin City on January 19, 2014. Wilson, a personal trainer, pleaded guilty to the charge after initially absconding from a scheduled trial. He was sentenced to eight and a half years in prison by Judge Martin Nolan at Dublin Circuit Criminal Court. Wilson appealed to the Court of Appeal, seeking a reduction of six months and one day to avoid classification as a long-term prisoner. His counsel argued the sentence was at the top of the scale and that the attack was not premeditated. The prosecution, represented by Tony McGillacuddy BL, urged the court to dismiss the appeal, noting the severity of the injuries. The victim, Mr. Kiely, suffered skull fractures, a brain clot, and hearing loss, leaving him requiring 24-hour care. Justice Patrick McCarthy, sitting with Justices Birmingham and Kennedy, dismissed the appeal. The court held that the classification of prisoners is a matter for prison authorities, not the judiciary. It found that the sentencing judge was correct to place the case near the top of the available range, given the victim's severe, life-altering injuries and the fact that Wilson's fitness exacerbated the harm. The court noted that a generous reduction had already been applied for mitigating factors and confirmed the original eight-and-a-half-year sentence.
Two burglars, Niall Fitzpatrick (53) and Jerry O'Leary (62), were convicted of a carefully planned burglary at Kilberehert, Freemount, Charleville on 19 October 2023. They targeted the home of a couple in their late 80s who were out attending Mass. The crime involved hiring cars, changing drivers, altering clothes, hiding in woods and staked‑out surveillance over two days. Both received seven‑year sentences at Cork Circuit Criminal Court. Their appeals to the Court of Appeal were dismissed. The court noted the planning, the number of offenders, the rural target and the vulnerability of the occupants as aggravating factors. It found no error in principle and stated that the judge was not obliged to suspend any portion of the sentences. The appeals were therefore rejected, leaving the seven‑year terms in place. Niall Fitzpatrick pleaded guilty. Jerry O'Leary pleaded guilty.
In a serious assault case, the Court of Appeal ruled that a judge erred by excluding a medical certificate from a non‑examining doctor. The case involved a pub incident where a man was assaulted with a bar stool, leading to two charges of assault causing harm and assault causing serious harm. A consultant in emergency medicine had issued a certificate stating the victim suffered facial fractures and was transferred to a specialist setting; this certificate was not challenged. A second consultant, who had not examined the victim but based his opinion on others' notes, issued a certificate alleging likely permanent long‑term damage. The accused's counsel sought to exclude this certificate as hearsay, arguing it was speculative. The trial judge agreed, preventing the jury from considering serious harm and resulting in a conviction on the lesser charge.
The Court of Appeal heard that Ireland lacks a register of professionals qualified to assist vulnerable witnesses, such as children and people with intellectual disabilities, in court. The Director of Public Prosecutions had to travel to Northern Ireland to find a registered intermediary for a teenage girl who was raped and sexually assaulted by her mother's partner. A barrister for the Law Reform Commission argued that Ireland should have a register similar to Britain's, which includes speech therapists, clinical psychologists, social workers and occupational therapists trained for court work. The DPP used an external intermediary, and the court noted that legislation requiring intermediaries was introduced in 1992 but no register exists. The case involved a girl aged 11 and 12 who was raped between April 2015 and September 2016. She denied that her mother prompted her allegations. The jury found the defendant guilty on all eight counts, and a 13‑year prison sentence was imposed.
Barry McArdle, 34, was formally surrendered to Dutch authorities at the High Court following the lifting of a postponement order. The surrender relates to his conviction for the stabbing and dismemberment of Keith Ennis in 2009. Although McArdle was initially acquitted of the stabbing in 2017, the Dutch public prosecutor successfully appealed that verdict. In 2020, after a Supreme Court ruling upheld the appeal, McArdle was found guilty of the stabbing and sentenced to 13 years. The High Court heard that the balance of his sentence left to serve is 4,514 days. McArdle had previously been convicted of removing or disposing of Mr Ennis' body to conceal the cause of death, a charge for which he had already served his sentence. He was arrested in Galway on July 1 under a European Arrest Warrant issued in April and endorsed by the High Court in June. His legal representative, Ms Leanora Frawley BL, stated that McArdle was no longer seeking a postponement for a medical procedure, having previously requested time for a colostomy consultation. The Minister for Justice's counsel, Ms Caroline Cummings SC, confirmed the warrant details. Detective Garda Eoin Kane noted that McArdle is considered a flight risk with 19 previous convictions, including drug supply offenses. The court proceedings concluded with the formal surrender to the Netherlands.
The State appealed the court‑directed acquittal of two individuals charged with falsely imprisoning a teenager five years earlier. The first accused, a teenage boy at the time, faced two counts; the second, a woman in her 60s, faced one count. The alleged victim did not testify, but the trial judge admitted his statements after the State applied to have him treated as a hostile witness. At the end of the prosecution case, the defence requested the jury to find the accused not guilty. The judge, citing the victim's failure to answer questions, directed the jury to acquit both. The Director of Public Prosecutions appealed, arguing that Section 16 of the Criminal Justice Act allowed the jury to assess the reliability of the admitted statements. Counsel for the young man and the woman argued that a retrial would be oppressive and that the accused denied wrongdoing. The case was referred to the Court of Appeal for further consideration. The unnamed accused was acquitted.
Two Cork men, Niall Fitzpatrick (53) and Jerry O'Leary (62), appealed their seven‑year sentences for a burglary at a home in Charleville on 19 October 2023. The crime, described as carefully planned, targeted an elderly couple who were away at Mass. The men were caught by armed Gardaí after an intelligence‑led investigation. Fitzpatrick had 70 prior convictions, including escape and post office robbery; O'Leary had 48, eight of them burglary. Their counsel argued that mitigating factors such as age, health issues, and the fact that Fitzpatrick had never seen his child due to the pandemic had been insufficiently considered, and that a portion of the sentences should have been suspended to encourage rehabilitation. The Court of Appeal, presiding over the appeal, will decide on Monday. The case highlights the seriousness of the planning and the lack of aggravating factors such as violence or weapons. The appeal is pending. Niall Fitzpatrick pleaded guilty. Jerry O'Leary pleaded guilty.
An unnamed 67-year-old man, described as having community standing, appealed his conviction for repeatedly raping his friend's daughter when she was aged 12 to 14. The Court of Appeal heard arguments regarding the trial judge's decision to allow the jury to bring majority verdicts after they indicated they had not yet adjudicated on some of the 32 counts. The appellant was found guilty of six counts of rape, three counts of sexual assault, three counts of oral rape, and one count of attempted oral rape, while acquitted of 16 other charges. Ms Justice Kennedy originally sentenced him to nine years, suspending the final 12 months on conditions, noting the deep impact on the victim and the breach of trust. The appellant's counsel argued the jury was denied adequate time for debate on the remaining counts. The prosecution countered that the jury's statement meant they had not reached a final conclusion. The three-judge panel, presided over by Mr Justice George Birmingham, reserved judgment. The matter was adjourned pending the court's decision.
Aaron Wilson, aged 31, attacked Aaron Kiely, aged 33, three times after seeing Kiely and his girlfriend interfere with Wilson's partner's car in Dublin. Wilson pursued the pair, punching, kicking, stamping on Kiely and beating him with a chair. Kiely was found on Patrick Street, breathing poorly and bleeding from his mouth. He was taken to hospital, where he suffered severe injuries: deafness in one ear, loss of hearing in the other, fractures to both sides of his skull, a brain blood clot, and now requires 24‑hour care. Wilson pleaded guilty to assault causing serious harm and was sentenced to eight and a half years. He appealed to the Court of Appeal, seeking a reduction of six months and one day to avoid being classed as a long‑term prisoner. The appeal was heard by Justice George Birmingham, with counsel arguing the sentence was not excessive, and a decision is pending.
The Court of Appeal has reserved judgment in an appeal against the murder conviction of Regina Keogh, with the matter adjourned. Keogh, 42, was convicted by the Special Criminal Court in 2018 of murdering Gareth Hutch and sentenced to life in prison. Her brother, Jonathan Keogh, 34, and Thomas Fox, 32, were also convicted and sentenced to life imprisonment for the same offense. All three defendants had denied the charges. During the appeal, defense counsel Patrick Gageby SC argued that the trial court made a significant error of law by finding that Jonathan Keogh's DNA on latex gloves corroborated the prosecution witness Mary McDonnell's evidence, despite an innocent explanation for the DNA presence. The DPP, represented by Fiona Murphy SC, responded that even if the court accepted an error occurred, it did not constitute a substantial miscarriage of justice. Consequently, the DPP requested the court to invoke the proviso to dismiss the appeal. The defense rejected this, characterizing the alleged error as a fundamental irregularity central to the case. The bench, presided over by Justice George Birmingham with Justices Patrick McCarthy and Isobel Kennedy, has reserved its decision.
In a 2020 appeal, an 80‑year‑old retired teacher, John Devlin, sought to overturn an 2017 conviction for sexually assaulting a student. His counsel argued that no evidence supported five of the eight counts and that reasonable doubt existed for the remaining three. The appeal court, hearing the case, noted that the jury had deliberated just over an hour and that the victim had provided detailed testimony for only three incidents. The court rejected the appeal, stating that the conviction was not perverse and that the jury's verdict was within its jurisdiction. The judge emphasized that the evidence was sufficient and that the trial had been fair, thereby upholding the original conviction. The teacher had already served his sentence.
Regina Keogh (42) appealed her conviction for the murder of Gareth Hutch to the Court of Appeal. In 2018, the Special Criminal Court found Keogh guilty of colluding with her brother, Jonathan Keogh (34), to cause serious injury to Mr Hutch. Jonathan Keogh was found guilty of the 'deliberate and callous murder' of Mr Hutch on May 24, 2016. Both were sentenced to life in prison. A third accused, Thomas Fox (32), was also convicted and sentenced to life. All three defendants had denied the crime. The prosecution alleged Regina Keogh was instrumental in planning the attack, encouraging a neighbour to allow Jonathan Keogh to use her flat as a base, and providing latex gloves. Defence counsel Patrick Gageby SC argued the trial court erred in law by drawing inferences from DNA evidence on the gloves, suggesting Jonathan Keogh's own handling of the gloves provided an innocent explanation for the DNA. The DPP, represented by Fiona Murphy SC, countered that the gloves were not the sole basis for the conviction and that no error undermined the verdict. The hearing before Justice George Birmingham, Justice Patrick McCarthy, and Justice Isobel Kennedy was adjourned and continues tomorrow.
Former INLA member Dessie O'Hare, known as "The Border Fox", has dismissed his legal team ahead of his appeal against the severity of his seven-year sentence. O'Hare, of Newtownhamilton, County Armagh, was jailed by the Special Criminal Court last year for falsely imprisoning a family and leading a violent attack. He pleaded guilty to assaulting John Roche and falsely imprisoning Martin Byrne at Rathcoole and Saggart on June 9, 2015. The court also considered counts regarding Byrne's wife and son. O'Hare received three years for the assault and ten years, with three suspended for life, for the false imprisonment, with sentences running concurrently. In a remote hearing before the Court of Appeal, new counsel Patrick Jackson BL and Dominic McGinn SC, representing Ferry Solicitors, stated they could not proceed on the originally scheduled Monday date. The DPP opposed the delay, but President Mr Justice George Birmingham permitted the change of solicitor, noting no prejudice to the prosecution. The appeal, which cites a lack of parity with former paramilitary Declan "Whacker" Duffy—who received six years for similar offences in 2018—was adjourned. The Court of Appeal fixed January 22 as the new hearing date for the appeal against the sentence.
In December 2020 the Court of Appeal increased the sentence of Mark O'Dwyer, a 46‑year‑old former inmate, for his role in a large‑scale drug distribution hub that involved €4.17 million worth of heroin and cannabis. O'Dwyer had pleaded guilty in July 2017 to possession of drugs for sale or supply at a Ballyfermot Drive address and to three counts of possessing stun guns. He had previously served 41 convictions and was released from prison before the appeal. The Court of Appeal, after agreeing with the DPP that his original five‑year sentence was unduly lenient, raised it to nine years, citing the exceptional circumstance that he had already been released and had resumed normal family life and employment. The decision was made by Justices Úna Ní Raifeartaigh, John Edwards and Patrick McCarthy, who noted that a harsher sentence would have been inappropriate given his circumstances. The judgment was delivered on 10 December 2020.
In December 2020 the Court of Appeal reserved judgment on the appeal of Sharif Kelly and Edward McGrath, who were convicted of murdering Peter Butterly in 2013. The men had been sentenced to life imprisonment by the Special Criminal Court. Their conviction relied heavily on testimony from former co‑accused David Cullen, who had pleaded guilty to unlawful possession of a pistol and was later turned into a State witness. Cullen's evidence, which alleged a planning meeting and the men's presence, was contested by the defence as unreliable and tainted. The appeal argued that Cullen's testimony was not credible and that the men's state of mind at the time of the murder was not established. The Court of Appeal, presided over by Justice George Birmingham, has not yet ruled on the appeal.
In a murder conviction appeal, the DPP's counsel, Paul O'Higgins SC, acknowledged that David Cullen, a former murder suspect who became a State witness, was a 'tarnished' witness. Cullen had previously pleaded guilty to unlawful possession of a semi‑automatic pistol and was sentenced to seven years' imprisonment, half suspended, for that offence. He testified for four and a half days in the Special Criminal Court trial of Sharif Kelly and Edward McGrath, who were convicted of murdering Peter Butterly in 2013. The defence argued that Cullen's evidence was tainted and should have been excluded, citing his prior perjury conviction. O'Higgins countered that no rule bars a person convicted of perjury from giving evidence, and that the trial court could rely on Cullen's testimony only if corroborated by other evidence. The appeal remains before the Court of Appeal.
In a 2020 appeal, a man convicted of sexually assaulting his 10‑year‑old goddaughter in 2016 had his conviction overturned. The Court of Appeal found that the trial judge had failed to mention the cross‑examination of the complainant when reading her testimony to the jury, creating an imbalanced charge. The judge had read the entire transcript of the girl's interview but did not remind the jury that the direct evidence was not the whole evidence. The appellate court quashed the conviction and ordered a retrial, remanding the man on bail. The original trial had sentenced him to seven years' imprisonment, with the final three years suspended, after a majority verdict in the Circuit Criminal Court. The case involved allegations that the man entered the girl's bedroom and assaulted her while she was asleep, an act that profoundly affected her emotional well-being.
The appeal of Edward McGrath and Sharif Kelly, who were convicted of the murder of Peter Butterly in 2013, is ongoing before the Court of Appeal. McGrath's barrister, Paul Greene SC, argued that while McGrath was 'caught red-handed' in the criminal enterprise, there was a lack of evidence regarding his state of mind at the time of the shooting. The appeal hinges on the reliability of David Cullen's testimony, who was originally charged with the murder but later pleaded guilty to the unlawful possession of a semi-automatic pistol at the Huntsman Inn on the day of the shooting. Cullen's evidence was central to the convictions of McGrath, Kelly, and others. The appeal is examining whether the trial judges erred in accepting Cullen's testimony, which was the basis of the convictions. The matter was adjourned for further submissions from the DPP, with Paul O'Higgins SC set to continue his arguments tomorrow. Dean Evans, who pleaded guilty to the murder, was not present for the trial but was extradited back to Ireland. The case remains in the appeal stage, with no finalised conclusions yet.
In a 2020 Court of Appeal decision, the appeal of Cornelius Price, a 38‑year‑old former gang leader from Drogheda, was dismissed. Price had been released from Wheatfield Prison on 18 May 2019 after serving three‑quarters of a three‑year sentence, with a quarter remission calculated by days. He argued that a month‑based calculation would have released him 24 hours earlier, on 17 May 2019. The court upheld the High Court's earlier ruling that the IPS's day‑based method is logical, consistent and fair, and that a month‑based approach would create ambiguity and unfairness. Justice Maire Whelan, joined by Justices George Birmingham and Isobel Kennedy, found Price's detention for the disputed 24‑hour period lawful and dismissed the appeal. Price had been convicted in 2017 for recklessly endangering a Garda during a high‑speed incident in 2014.
Two men, Edward McGrath and Sharif Kelly, are appealing their convictions for the murder of Peter Butterly, a dissident republican, in a five‑day hearing before the Court of Appeal. The appeal focuses on the reliability of evidence given by former murder suspect David Cullen, who became a State witness. Cullen's testimony, which lasted four and a half days, is alleged by the defence to be tainted and untrustworthy. The defence argues that Cullen's statements were inconsistent, often vague, and that he used evasive language such as "don't know" and "possibly" to undermine his credibility. The appeal contends that the trial judges erred by accepting Cullen's evidence and not adequately addressing his credibility. The hearing will continue the following day before a three‑judge panel of the Court of Appeal.
A man from Dublin has failed in his appeal against extradition to Northern Ireland on a charge of attempted murder of a Police Service of Northern Ireland officer. The Court of Appeal dismissed the case today. The 29-year-old man was arrested in County Donegal following the discovery of an improvised explosive device beneath a PSNI officer's vehicle. He had challenged his surrender on the grounds that his exercise of the right to silence during interviews at Milford and Letterkenny Garda Stations could be used against him in Northern Ireland proceedings, potentially breaching his constitutional rights. The High Court had previously ordered his extradition in February. The Court of Appeal, presided over by three judges, upheld that decision, finding the High Court's legal analysis sound and expressed confidence in the Northern Irish judiciary's commitment to safeguards regarding adverse inferences. If convicted in the North, he faces a possible life sentence.
In November 2020, the Court of Appeal dismissed the appeal of a 41‑year‑old Laois truck driver who had been convicted of possession of cocaine for sale or supply. The driver, who had transported almost €300,000 worth of cocaine into Dublin, had denied saying, "So you found the drugs, then?" to the officer who discovered the drugs. The alleged admission was allowed into evidence at his trial. The drugs were found stashed in a fire extinguisher in the cab of his truck after it was seized at Dublin Port more than five years earlier. Judge Patricia Ryan had sentenced him to eight and a half years' imprisonment in 2018, describing him as a facilitator in the importation of the drugs. The appeal focused on the alleged verbal admission, but the Court of Appeal ruled that it was not unfair for the State to rely on the admission, even though it was made before the driver was cautioned. The unnamed 41-year-old pleaded not guilty.
Conor Metcalfe, a 30‑year‑old Dublin resident, was convicted by the Special Criminal Court for membership of the Irish Republican Army on 24 November 2015. The conviction was based on belief evidence supplied by Detective Chief Superintendent Anthony Howard, who asserted that Metcalfe was an IRA member after reviewing material and that Metcalfe's refusal to answer questions during a Gardaí interview under Section 2 of the Offences Against the State Act allowed the court to infer membership. Justice Tony Hunt judged that the combined weight of evidence proved guilt beyond a reasonable doubt. Metcalfe received a four‑year‑six‑month prison sentence. He has now appealed to the Court of Appeal, arguing double counting of evidence, lack of materiality of the questions, and privilege claims that limited cross‑examination. The Director of Public Prosecutions defended the conviction as safe and proper, and the Court of Appeal has reserved judgment.
Joseph McGrane, a fruit and veg salesman aged 60, was convicted of 11 indecent assault and seven sexual assault offences committed between 1985 and 1993. The victims, all of whom worked for him at different times, included three boys aged 13 to 18 and a 22‑year‑old woman. McGrane denied the charges but was found guilty by a jury in March 2019. The trial judge, Elma Sheahan, reduced the headline sentence from 18 to 13 years, suspended the final year, and considered that McGrane had not reoffended for 26 years. The Court of Appeal upheld the 12‑year sentence, noting that the trial judge had been misled about the maximum sentence for sexual assault under the Criminal Law (Rape) Act 1990. McGrane's appeal against the severity of the sentence was dismissed. The case was heard by Justices Isobel Kennedy, George Birmingham and Patrick McCarthy. The final sentence remained 13 years with the last year suspended.
Niall Byrne, 37, of Crumlin Road Flats, withdrew his appeal against a 10‑year sentence for conspiracy to rob Securicor of €2.08 million and for being the 'inside man' in a €2 million cash‑in‑transit robbery that involved the tiger kidnapping of Paul Richardson's family. The robbery took place on 14 March 2005, when the gang forced Richardson to deliver the cash to a carpark after holding his wife and teenage sons at gunpoint in the Dublin Mountains. Byrne had previously pleaded not guilty to the kidnapping and robbery charges. The Court of Appeal had upheld the convictions earlier in the year, noting that Byrne's role was central to the operation. After the judge warned that the court could increase or decrease the sentence, Byrne's counsel, Feargal Kavanagh SC, withdrew the appeal, accepting the court's decision. The case had spanned five trials and two appeals over 11 years.
A 46‑year‑old man, previously acquitted of raping and sexually assaulting his niece, will face a retrial on the same charges after the Court of Appeal quashed his acquittal. The original trial, held in Cork, saw the judge direct a jury to acquit after hearing prosecution evidence and noting that the prosecution had failed to call two witnesses who had given statements to the gardai. The Court of Appeal, in a judgment delivered earlier this month, found that the trial judge had erred in halting the trial and directing the jury to acquit. The appeal judge highlighted that the defence's application for an acquittal was based on the prosecution's failure to call the complainant's grandmother and father, who had given statements to the gardai. He described the application as surprising and noted that the defence or the judge could have called those witnesses if they wished.
Ian O'Sullivan, aged 32, appealed against a 12‑year prison sentence for a violent robbery of Thomas Lonergan in Clonmel on 26 February 2017. The Court of Appeal, led by Justice John Edwards, found the headline sentence excessive, noting a lack of guidance for judges on robbery. O'Sullivan's offence was deemed a serious instance of robbery with significant culpability but no weapon was used and the attack was spontaneous. The court re‑sentenced him to six years' imprisonment, suspending the final year on conditions, and upheld a €2,000 compensation order. Lonergan suffered severe physical and psychological harm, including blurred vision and diabetic complications, and his family relocated due to fear of further attacks. The appeal focused solely on the sentence, not on the facts of the robbery. The unnamed 32-year-old pleaded guilty.
Ian O'Sullivan, 32, appealed the 12‑year sentence he received for a 2017 unprovoked assault on Thomas Lonergan in Clonmel. O'Sullivan, one of three attackers, was found guilty of robbery after a CCTV‑recorded attack in which Lonergan was punched, kicked, and forced to hand over money and a phone. Lonergan suffered severe injuries, hospital treatment, eight weeks out of work, blurred vision, and long‑term health complications, including diabetic shock. O'Sullivan had 18 prior convictions, including assault and knife possession. Judge Thomas Teehan imposed a 12‑year term with four years suspended and a €2,000 compensation order. O'Sullivan's lawyer argued the sentence was too harsh, citing the victim's impact, while the DPP defended the judge's decision. The Court of Appeal will decide on Thursday.
Ibrahim Gharib, 41, an Egyptian national, appealed his rape conviction after a trial in which he was found guilty of raping a 27‑year‑old foreign student at her home following a sexual assault on a bus. The appeal argued that a doctor's evidence about "foreign debris" on the victim's body was unreliable and that the debris had not been preserved for forensic analysis. Gharib claimed the intercourse was consensual and occurred while standing over a couch in the living room. The prosecution maintained that the victim's testimony, eyewitness accounts, and text messages supported the claim that Gharib followed her home, did not leave her alone, and raped her. The trial judge sentenced him to ten years' imprisonment, a verdict upheld by the jury. The appeal was heard by the Court of Appeal, but the judge's decision was not yet finalized.
The Court of Appeal has upheld a finding that the sentence imposed on Muiris Flynn, a 31-year-old appellant, was unduly lenient for dangerous driving causing serious bodily harm, drink driving, and driving without insurance at Doon near Boyle on September 24, 2017. Flynn pleaded guilty to all charges. While the three-judge panel nominated a headline sentence of six years, they decided not to increase the custodial element because Flynn had already been released from prison and secured new employment. Instead, the court imposed a €20,000 fine, describing it as a substantial part of his punishment. The unserved balance of the three-year custodial sentence was suspended. The court re-imposed the original driving disqualifications, acknowledging their adverse impact on his social and working life but deeming them an appropriate response to the devastating harm caused to the victims. Flynn was given until December 31, 2020, to pay the fine in a single instalment, with permission to pay through the Roscommon Town court office. The matter was not adjourned; the re-sentencing and fine payment deadline were finalized.
A woman who was raped as a child in County Wicklow has won an 18‑month legal battle to have her rapist named. The man, convicted of four rapes and two indecent assaults between 1987 and 1989, was sentenced to seven years in prison in May 2019. A gagging order issued by Judge Michael White in that sentencing hearing prevented the publication of his name and any identifying details of the victim. The victim, who was unaware of her right to waive anonymity at the time, later informed Gardaí that she wished to have the rapist named. The DPP applied to lift the ban, but Judge White refused, citing an expired mandate. The Court of Appeal, led by President Justice George Birmingham, ruled the order superfluous and removed the restriction, allowing the rapist's name to be published in accordance with the Criminal Law (Rape) Act 1981 and the Children Act.
In November 2020, a 36‑year‑old serial sex attacker appealed his convictions, claiming unlawful detention after a knife‑wielding assault. The Court of Appeal, presided over by Mr Justice George Birmingham, found the evidence overwhelming but left the appeal undecided. The defendant had been convicted of nine offences across three attacks in Clondalkin between 2011 and 2016, including false imprisonment, sexual assault, and assault causing harm. He was sentenced to 18 years and six months' imprisonment, described by Judge Pauline Codd as "brutal and primal" and "premeditated," with aggravating factors such as a hunting knife, duct tape, and cable ties. Post‑release, he faces a nine‑year supervision period, curfew, residence notification, and travel log. The appeal centred on alleged procedural breaches during his arrest, specifically the lack of a custody record book and an unlawful extension of detention, which the Director of Public Prosecutions deemed "unfortunate" but not unlawful. Mr Justice Birmingham reserved judgement.
Barry McArdle, 34, of Drimnagh, Dublin, who had been living in Galway, formally surrendered to Dutch authorities for his role in the 2009 stabbing and dismemberment of Keith Ennis, 29, whose body was disposed of in a canal between Rotterdam and Amsterdam. McArdle had previously been acquitted of the stabbing in the Netherlands but was later found guilty and sentenced to 13 years in 2020 after a Supreme Court ruling upheld the appeal. He had already served two years of a 12‑year, 3‑month sentence imposed in 2018 for dismemberment. The Irish High Court issued an extradition warrant on 22 April, endorsed on 6 June, and McArdle was arrested in Galway on 1 July under a European Arrest Warrant. At the extradition hearing, the court remanded him in custody for 10 days pending surrender to the Netherlands.
An appeal has been heard in Dublin Circuit Criminal Court regarding the case of Aaron Flanagan, Jordan Ennis, and Lucy Ennis, who admitted to charges of violent disorder and assault causing harm at Edenmore Park, Raheny on September 19, 2015. The three appellants pleaded guilty to the charges. During the hearing, Judge Martin Nolan remanded the three in continuing custody for sentence tomorrow. The incident involved a 15-year-old victim who was repeatedly stabbed, punched, and kicked by a group of teenagers after he intervened to protect a friend. The victim, now an adult, cannot be identified due to a recent Court of Appeal decision on the identification of juvenile victims of crime. The court heard that the victim was in the park when he saw a group of four teenage girls shouting at another girl, accusing her of making comments on Facebook. The victim attempted to assist the girl, leading to an altercation. The court also heard that Lucy Ennis was the instigator, and her brother Jordan Ennis was involved in the attack. The victim was later assaulted again by Jordan Ennis and others. The court heard that Jordan Ennis had a previous record of being a law-abiding young man and that the attack was out of character for him. The matter was adjourned for sentence.