An 86‑year‑old man, whose name is withheld to protect a victim, was found guilty by a Central Criminal Court jury of three counts of indecent assault against his son between 1977 and 1979. The son was described by the defendant's lawyers as a "sexual plaything" and was subjected to oral and anal rape, gagging and restraint. The judge, Ms Justice Deirdre Murphy, imposed consecutive sentences totalling four years, noting that the maximum penalty at the time of the offences was two years and that the court was "hugely constrained" by sentencing limits. The defendant appealed on the ground that the trial judge failed to warn the jury about the uncorroborated evidence of the complainant. The Court of Appeal, led by Ms Justice Isobel Kennedy, found no impermissible error and dismissed the appeal.
The Supreme Court dismissed the Boyles' appeal against the High Court's decision to appoint a receiver over a Dublin house at Casement Drive, deemed to be proceeds of crime. The Criminal Assets Bureau (CAB) had applied in 2019, and the High Court found the house and other assets, including cash, were beneficially owned by alleged drug trafficker Jason Boyle, though registered in his parents' names to conceal his involvement. The Boyles denied the claims and argued the property was purchased for €70,000 in 2013 with a €60,000 loan from Mrs Boyle's father. CAB had secured freezing orders in 2016 and claimed the house, worth about €250,000, was used by Boyle and had been extensively renovated. The Court of Appeal dismissed the Boyles' appeal in January, and the Supreme Court, after reviewing the evidence, found no grounds to hear the appeal, citing sufficient evidence regarding the property's insurance status to justify the receiver's appointment.
In a Court of Appeal hearing, Dylan Hayes (25) and Ger Hogan (37) appealed convictions for the murder of Shane Murphy at a house‑party in Pallasgreen, Co. Limerick. The appeal argued that the prosecution failed to prove joint enterprise and that the provocation defence was inadequately instructed. Hayes claimed he was provoked after a confrontation over alleged drug use, then stabbed Murphy with a knife, causing a heart wound and other injuries. Hogan was alleged to have participated in the attack, with witnesses stating he stabbed Murphy with a screwdriver, though the pathologist found only knife wounds. The DPP maintained that witnesses implicated both men in a common design, and that no evidence showed Hogan withdrew. The Court of Appeal reserved judgment, noting the complexity of the appeals and the need for further consideration. Dylan Hayes was found guilty. Ger Hogan was found guilty.
Two men, Dylan Hayes (25) and Ger Hogan (37), were convicted of murdering Shane Murphy at a house party in Pallasgreen, Co. Limerick, on 30 April 2015. The Central Criminal Court jury found them guilty and Mr Justice Patrick McCarthy imposed a mandatory life sentence on each in May 2017. Hayes claimed he stabbed Murphy after a confrontation over alleged drug use, while Hogan was alleged to have participated in a joint enterprise, attacking Murphy with a screwdriver and encouraging Hayes. The trial judge's charge on provocation was challenged by Hayes' counsel, who argued the jury was not properly instructed on the subjective element of the test. Hogan's counsel contested the use of words and acts attributed to Hogan, noting the pathologist's testimony that fatal wounds were caused by a knife, not a screwdriver. The Court of Appeal adjourned the appeal hearing to Thursday morning due to poor audio‑video link quality.
Eamonn Cumberton, 32, was given a life sentence for the 2016 murder of Michael Barr, 35, at the Sunset House pub. Barr was shot seven times by two men in "Freddy Kruger" masks. The Special Criminal Court found Cumberton one of three culprits who dumped items linked to the killing into a getaway car, later found partially burnt on Walsh Road. DNA on a baseball cap and a rubber mask matched Cumberton, and circumstantial evidence included his unusual trip to Thailand and failure to answer Garda questions. Cumberton appealed on 28 grounds, but the Court of Appeal dismissed all, affirming the trial's safety and the court's findings. He remains jailed for life, with no part of the sentence suspended. The appeal was rejected on 19 May 2020.
Patrick Nevin, a 38‑year‑old serial sex offender, is set to appeal the 14‑year sentence handed to him for raping and sexually assaulting women he met on the Tinder dating app. The judge, Ms Justice Eileen Creedon, found Nevin had a preoccupation with sex, hostility towards women and a high risk of re‑offending. He pleaded guilty to raping a woman in Bellewstown, Co. Meath on 12 July 2014 and to a sexual assault of a second woman four days later at an unknown location in Co. Meath. The judge imposed a 14‑year term with the final two years suspended and noted Nevin was already serving a five‑and‑a‑half‑year sentence for a third Tinder‑related assault at the UCD campus on 23 July 2014. The State has lodged a counter‑appeal arguing that the two‑year suspended portion was too lenient. Both appeals will be heard remotely on 30 July 2020.
Michael McCarville, a 53-year-old farm labourer, is set to appeal his 20-year prison sentence at the Court of Appeal. The Monaghan native, residing in Cootehill, Cavan, was charged with 187 counts of indecent assault and sexual assault involving seven children from the same family between 1982 and 1999. The alleged abuse, which reportedly began when McCarville was 15 and the victims were as young as seven, took place in farm sheds, outhouses, and fields. In December 2016, McCarville pleaded guilty to 52 sample charges of indecent and sexual assault. He was subsequently sentenced in March 2017 to 20 years in prison. The seven victims, who agreed to McCarville being named in the media while retaining their anonymity, have not waived their right to privacy. At the Court of Appeal today, Mr Justice George Birmingham set a date of Monday, 9th November, for the hearing of McCarville's appeal against the sentence. The matter is currently at the appeal stage, with the specific procedural step being the scheduling of the appeal hearing rather than a final determination of the case.
In an appeal regarding the Essex migrant deaths, the Court of Appeal reserved judgment on Eamon Ronald Harrison's challenge to his extradition warrant. Harrison, of Mayobridge, Co Down, is alleged to have delivered the trailer containing the 39 deceased migrants to a Belgian port. He faces 39 counts of manslaughter and conspiracy to assist unlawful immigration. Separately, Maurice Robinson, of Craigavon, Co Armagh, admitted to 39 counts of manslaughter at the Old Bailey. He had previously pleaded guilty to conspiracy to assist unlawful immigration and acquiring criminal property, specifically cash, while denying a further charge of transferring criminal property. Robinson awaits sentencing. Meanwhile, Ronan Hughes, a Monaghan haulier alleged to be the ringleader, is fighting his proposed extradition in the High Court. Counsel for the Minister for Justice dismissed arguments that the offences were extraterritorial, describing the submission as a "red herring" and asserting the crimes occurred within UK territory. Hughes, who faces 39 manslaughter charges and one conspiracy count, was remanded in custody until June 12 for a judgment. The State argued that the UK clearly asserted jurisdiction over acts committed within its borders, including the conspiracy and the deaths of the migrants.
The State argues that a review of the sentence imposed on a 17‑year‑old who tried to murder a 25‑year‑old woman after meeting her on a dating app is too early. The teenager was sentenced to 11 years' detention in November 2019, with a review set for 1 January 2023. He pleaded guilty to attempted murder after luring the victim to an isolated area, choking her, and slashing her neck. The State appeals on grounds of "unduly leniency", claiming the five‑year review does not reflect the gravity of the offence. The DPP does not challenge the 11‑year sentence but argues the review period is too short. The Court of Appeal will consider the case and decide when it has sufficient information. The case remains at the review stage.
The Court of Appeal heard an appeal by Damien Metcalfe, 34, who was convicted of membership in the Irish Republican Army (IRA) and jailed for two years and six months by the Special Criminal Court in May 2019. The appeal argued that the key evidence was the belief evidence of Detective Chief Superintendent Anthony Howard, who claimed Metcalfe was an IRA member. The appellant's counsel said Howard's belief evidence was unsubstantiated, that Howard failed to revise the file on which his belief was based, and that his cross‑examination was obstructive and evasive. The defence also alleged that Howard asserted privilege and made contradictory statements. The DPP's counsel countered that the belief evidence was weakened but not dismissed, and that corroborating evidence was strong. The Court of Appeal reserved its judgment, noting that it had previously upheld convictions and sentences in similar IRA‑inquiry cases.
The High Court has dismissed an application by John Waters and Gemma O'Doherty for leave to challenge pandemic-related legislation. Mr Justice Charles Meenan ruled that the applicants failed to provide expert evidence or facts to support their claims that the laws were disproportionate or unconstitutional. The judge described their reliance on unsubstantiated views and historical parallels as insufficient, noting they lacked medical or scientific qualifications. The applicants, who represented themselves, sought to quash various acts, including the 2020 Health Preservation and Protection Act, arguing they breached constitutional rights regarding travel, bodily integrity, and the family. The State and notice parties, including the Dáil and Seanad, opposed the application, with counsel describing it as a frontal attack on the separation of powers. The judge agreed that the legislation was constitutionally permissible and that the manner in which it was passed by the Oireachtas was not subject to judicial interference. He further noted that the case should have been brought by way of plenary hearing rather than judicial review. The applicants had indicated their intention to appeal to the Court of Appeal if leave was not granted. The decision was delivered electronically, and the matter is to be mentioned before the court again at a later date.
In April 2019, a 17‑year‑old was convicted of robbery, assault and false imprisonment of three 15‑year‑old boys in St Aidan's Park, Marino. He was sentenced to four years' detention for the false imprisonment count by Judge Martin Nolan, with the other offences considered. Garda Kevin Murphy testified that the boy was part of a group that forced the boys to hand over phones and money, threatened them with a knife, and that the teenager later kicked and punched one boy. The defendant admitted participation after viewing CCTV and had 18 prior convictions. On 8 May 2020 he appealed the sentence, arguing the judge failed to incorporate rehabilitation and that a less severe sentence could have been imposed if he had been dealt with as an adult. The Court of Appeal, presided over by Justice George Birmingham, noted the case would be decided in about two weeks. The unnamed 15-year-old pleaded guilty.
In 2020 the Court of Appeal dismissed an appeal by a 53‑year‑old man who had been convicted of attempted rape in 1984 and of five further counts of raping his seven‑year‑old cousin on a weekly basis between 1985 and 1986. The man, who was 17 when the first offence occurred, had been found guilty by a jury and sentenced to nine years' imprisonment, the final year suspended. He had argued that the trial judge had admitted the complainant's older brother's evidence incorrectly, had failed to warn the jury about uncorroborated evidence, and had made errors in jury instructions. The Court of Appeal, presided over by Mr Justice George Birmingham, found no basis to doubt the fairness of the trial or the safety of the verdict and affirmed the conviction.
In 2020 the Court of Appeal upheld the conviction of Ger Hehir, a stable owner, for raping and sexually assaulting a teenage girl between 2010 and 2013. Hehir, aged 59, had pleaded not guilty to the rape and four counts of sexual assault at his home and at horse events. The Central Criminal Court jury found him guilty after a seven‑day retrial and sentenced him to seven years' imprisonment, with the final 18 months suspended. Hehir appealed, arguing that the trial judge failed to warn the jury about uncorroborated evidence and confused the issue of consent. The Court of Appeal rejected these arguments, stating that the judge's charge was clear enough to leave no doubt that the complainant had not consented and that the defence's case was that no sexual activity had occurred. The appeal was dismissed, leaving the original conviction and sentence intact.
A man has brought an appeal against his eight-and-a-half year sentence for stabbing his friend seventeen times with scissors in Letterkenny, County Donegal, in October 2008. Kenneth Broe was convicted by jury of assault causing serious harm following an incident in the early hours of the morning on Main Street. The victim sustained multiple wounds to the neck, head and chest, requiring two life-saving operations and two weeks in intensive care. At the Court of Appeal hearing on 8 May 2020, Broe's counsel argued that the sentencing judge had erred by suspending eighteen months of the sentence rather than reducing the overall term, given mitigating factors and rehabilitation efforts made during the significant delay between offence and trial. The Director of Public Prosecutions' counsel contended that mitigating circumstances and rehabilitation were appropriately addressed through the suspended portion, whilst maintaining public protection. The Court of Appeal reserved judgment.
A man from County Mayo has unsuccessfully appealed his conviction for sexually assaulting three sisters over an eighteen-year period beginning in 1976. He was found guilty by a Mayo Circuit Criminal Court jury in October 2017 on nineteen counts of indecent assault against one sister and one count each against her two siblings. The trial heard that the abuse began when the victims were aged between nine and twelve years old. He received concurrent prison sentences totalling seven years. On appeal, his counsel argued that the trial judge erred in refusing to sever the indictment, contending the three separate complaints should not have been heard together as they lacked the striking similarities required. The Court of Appeal, however, determined that the trial judge correctly admitted all counts simultaneously, identifying significant common features across the allegations including the victims' ages, familial connection, and methods of abuse. The court dismissed the appeal.
The Court of Appeal has reserved its judgment in the extradition appeal of Eamon Ronald Harrison, who is alleged to have delivered the trailer in which 39 migrants died in Essex. Harrison's legal team argued the European Arrest Warrant was "wholly unsatisfactory" and lacked precise details regarding the time, place, and his specific involvement. Conversely, counsel for the Minister for Justice contended the warrant was validly issued by the Issuing Judicial Authority and contained sufficient detail. The court, presided over by Mr Justice George Birmingham, remanded Harrison in custody pending the decision. In related proceedings, Ronan Hughes, alleged to be the ringleader of the trafficking group, was refused bail by the High Court ahead of his extradition hearing. He faces 39 counts of manslaughter and one count of conspiracy to assist unlawful immigration. Meanwhile, Maurice Robinson, who admitted 39 counts of manslaughter, previously pleaded guilty to conspiracy to assist unlawful immigration and acquiring criminal property, while denying a charge of transferring criminal property. He awaits sentencing. Four other men are scheduled to stand trial at the Old Bailey in October.
In 2019 a Central Criminal Court jury convicted a 49‑year‑old Wicklow man of repeated sexual attacks on a nine‑year‑old neighbour. He pleaded not guilty to four counts of rape and two counts of indecent assault between 1987 and 1989. Mr Justice Michael White sentenced him to seven years in May 2019 and, during the trial, imposed an order preventing the publication of the identities of both parties. The Director of Public Prosecutions (DPP) later sought to lift the order after the victim wished to waive her anonymity so the rapist could be named. The DPP's application was rejected in November 2019 because the court had no mandate to alter the trial‑time order. The DPP is now appealing that judgment, and the case is scheduled for hearing before the Court of Appeal.
Joseph McGrane, a 60‑year‑old fruit and veg wholesaler, was convicted in March 2019 of 11 counts of indecent assault and seven of sexual assault against three boys and a young woman, with offences occurring between 1985 and 1993. He was sentenced to 13 years' imprisonment, the final year suspended, after a trial at Dublin Circuit Criminal Court. McGrane denied all charges. The Court of Appeal heard an appeal filed by counsel Paul Greene SC, who argued that the conviction was unsafe due to delays in prosecution, a failure to sever the indictment, and improper jury instructions. Greene cited the differing nature of the case involving the young woman and the judge's refusal to discharge the jury on acquitted counts. Counsel for the DPP, Eilis Brennan SC, countered that the offences were part of a single series and that the judge's decisions were within discretion. The Court of Appeal reserved judgment.
Inga Ozolina, aged 48, was convicted of manslaughter for killing her violent alcoholic boyfriend, Audrius Pukas, 40, in Roscrea on 20 November 2016. Ozolina claimed she acted in self‑defence after Pukas had pulled her hair, pushed her to the floor, and began hitting and biting her. She had previously obtained two safety orders against him, which had lapsed. During the Central Criminal Court trial, photographs of her injuries, including bite marks, were shown to the jury. Ozolina was found not guilty of murder but guilty of manslaughter, and was sentenced to four years' imprisonment. The Court of Appeal upheld the conviction, rejecting her appeal that the Garda interview evidence was unreliable. The appeal court dismissed the appeal, confirming the trial judge's decision that the evidence was admissible and reliable. The case remains at the manslaughter conviction stage.
The Court of Appeal has dismissed the appeal of James Joseph Cassidy, a 57-year-old Monaghan mechanic, against his conviction for membership of the IRA. Cassidy was originally convicted by the Special Criminal Court in March 2019 of belonging to an unlawful organisation on September 21, 2016, and sentenced to four years in prison. The appeal challenged the admissibility of belief evidence provided by Chief Superintendent Christopher Mangan, arguing that Mangan was biased because he had extended Cassidy's detention during the investigation. The Court of Appeal rejected all ten grounds of appeal, finding that the Special Criminal Court took scrupulous care to exclude prior material and avoid double-counting evidence. The court determined that the likelihood of anyone other than Cassidy placing a booster tube in his shed was remote and fanciful. It further held that no statutory provision prohibits a senior officer involved in an investigation from forming the required belief under section 3(2) of the 1972 Act. Consequently, the appeal was dismissed, and the original conviction and sentence stand.
The European Court of Human Rights (ECHR) has declared a damages claim by Mark Nash inadmissible due to delay. Nash, who is serving life sentences for the Grangegorman murders, had complained that his right to a trial within a reasonable time was breached. The Strasbourg Court unanimously held that his complaints were lodged more than six months after the final Irish Supreme Court decision, rendering them inadmissible. Nash was found guilty in 2015 of murdering Sylvia Sheils and Mary Callanan in 1997, a conviction upheld by the Court of Appeal and the Supreme Court. He had previously sought damages in Irish courts for the delay between his initial questioning in 1997 and formal charges in 2009, but the High Court and Supreme Court refused relief. The ECHR noted that the Supreme Court dismissed his damages claim in October 2016, and a subsequent 2017 application to revisit that order did not restart the six-month filing period. The Court stated that allowing such applications to reset the deadline would subvert the purpose of the six-month rule. Consequently, Nash's application for damages regarding pre-trial prosecutorial delay was dismissed. Nash remains serving four life sentences at Midlands Prison, Portlaoise, for the murders of two women in Dublin and two people in Roscommon.
Christopher Connolly, a dog handler from Cappawhite, Co. Tipperary, appealed a High Court decision that upheld a ban by the Irish Greyhound Board (Bord na gCon) and the Irish Coursing Club (ICC) preventing him from participating in racetrack or coursing events. The appeal was dismissed by a three‑judge Court of Appeal. Connolly's ban stemmed from an incident in 2014 while he lived in Australia, where he used a live piglet as bait at Tooradin Trial Track. Australian authorities had imposed a lifetime ban, later reduced to five years with a suspended five‑year period. Connolly returned to Ireland in 2015, applied for a Kennelhand Authorisation, was refused, and his appeal to the board's control committee was rejected. The Court of Appeal found that Connolly had been fully informed of the board's investigation and had no right to challenge the findings, concluding that the exclusion order was justified and lawful.
A Mayo man has appealed his conviction for sexually abusing three sisters over an extended period. He was found guilty in October 2017 on 19 counts of indecent assault against one girl and one count each against her two sisters. The Circuit Criminal Court jury heard evidence of offences occurring between 1976 and 1994, when the victims were aged between nine and twelve years old. The man received concurrent sentences totalling seven years. His appeal, heard remotely at the Court of Appeal, centres on whether the trial judge erred in refusing to sever the indictment, allowing all three complaints to be heard simultaneously. The appellant's counsel argued the cases lacked the striking similarities required for joint trial. The Director of Public Prosecutions' counsel contended substantial similarities existed, including the victims' ages, family connection, and consistent methods of abuse. The three-judge panel reserved its decision.
The Court of Appeal granted leave to appeal to Eamon Ronald Harrison, who is pending extradition to the UK to face 39 counts of manslaughter and one count of conspiracy to assist unlawful immigration. UK authorities have withdrawn a separate charge of conspiracy to commit human trafficking against Harrison, which is expected to shorten his appeal hearing scheduled for May 7. In a related development, Maurice Robinson, 25, of Craigavon, Co Armagh, admitted 39 counts of manslaughter at the Old Bailey in London. He had previously pleaded guilty to conspiracy to assist unlawful immigration and acquiring criminal property, while denying a further charge of transferring criminal property. Robinson will be sentenced at a later date. These proceedings follow the discovery of 39 migrants dead in a lorry container in Essex. Ronan Hughes, alleged to be the ringleader, was refused bail by the High Court and remanded in custody until May 15 for his full extradition hearing. The court found him a probable flight risk, noting his international haulage business and access to funds. The High Court judge stated that the prosecution met the burden of proof regarding the risk of absconding, despite Hughes' ties to the jurisdiction.
A man convicted of sexually abusing a child in County Mayo during the 1970s has appealed his conviction at the Court of Appeal. The defendant was found guilty in October 2018 by majority verdict on five counts of indecent assault alleged to have occurred between May and August 1978. He received a sentence of eight years and nine months, with the final 21 months suspended, in February 2019. The appeal centres on grounds of substantial delay in prosecution and its impact on fair trial rights. Defence counsel argued that the complainant's delay in reporting and gardaí's delay in charging the defendant, combined with the deaths of potential defence witnesses, prejudiced the accused's ability to mount a proper defence. The Director of Public Prosecutions submitted that a delay warning was appropriately issued at trial and that corroborative evidence was heard. The Court of Appeal, presided over by Mr Justice George Birmingham, reserved judgment and indicated a decision would be delivered as soon as possible.
A Monaghan man, Ronan Hughes, is alleged to be the 'ringleader' and 'chief organiser' of an organised criminal group involved in the trafficking of 39 Vietnamese migrants found dead in a lorry container in Essex in October 2019. The High Court heard that Hughes is alleged to have organised, paid for the travel, and controlled the drivers who collected the migrants. Evidence presented during the bail hearing included the freezing of €200,000 in 33 bank accounts linked to Hughes and his family, as well as the seizure of a 2019 BMW X5 valued at €108,000. Mr Justice Paul Burns will deliver a decision tomorrow on whether Hughes will be granted bail ahead of his extradition hearing. Hughes, who is wanted by UK authorities on 39 counts of manslaughter and one count of conspiracy to assist unlawful immigration, was arrested in Co Monaghan following the endorsement of a European Arrest Warrant. Maurice Robinson, Hughes' younger brother, has pleaded guilty to conspiracy to assist unlawful immigration and acquiring criminal property. The case is currently at the appeal stage, with no finalisation of the matter yet.
The State has secured an early hearing date to appeal the 11‑year sentence imposed on a 17‑year‑old who attempted to murder a 25‑year‑old woman he met on the Whisper app. The teenager, who cannot be named, was in custody since December 2017 after luring the victim to an isolated area on the Sea Front, Queen's Road, Dun Laoghaire. He pleaded guilty to attempted murder and was sentenced in November 2019, with a review set for 1 January 2023. The State argues the sentence is "unduly lenient." The case was heard remotely by the Court of Appeal, where the Director of Public Prosecutions applied for an early hearing. The court scheduled the appeal for 14 May, and the teenager's counsel indicated that a video link could be arranged from Oberstown Children Detention Campus, where the defendant is held.
In April 2020 the Court of Appeal quashed a 2017 conviction for two counts of rape against a Dublin man aged 55, who had previously been convicted of three sexual assaults against the same heavily‑pregnant partner. The appeal was based on a misdirection by the trial judge who had told the jury that the consistency of the complainant's account could be "supportive or corroborative" of the prosecution case. The Court of Appeal held that such consistency was not independent evidence and that the judge's instruction could have misled the jury. All other grounds of appeal, including a claim of adverse publicity, were rejected. The court therefore overturned the rape convictions without ordering a retrial, leaving the earlier sexual‑assault convictions and the 10‑year sentence with a two‑year‑six‑month suspended portion intact. The case highlights the importance of precise jury instructions regarding corroboration.
Marius Gaizutis, 55, was convicted of murder for the axe killing of Audrius Butkus, 44, whose body was found on Mornington beach in 2013. Gaizutis admitted killing Butkus but denied murder, claiming provocation after the victim allegedly insulted him and struck him with a bottle. Forensic evidence suggested an attempt to clean the scene, and Gaizutis had wounds consistent with a bottle attack. A jury found him guilty of murder on 1 May 2015 and he was sentenced to life imprisonment. Gaizutis appealed, arguing insufficient evidence for a murder conviction and that the trial judge should have directed an acquittal on murder, leaving only a manslaughter charge. The Court of Appeal, in an electronic judgment, rejected the appeal, stating there was no basis to deem the trial unsatisfactory or the verdict unsafe, and upheld the jury's decision to convict of murder. The appeal was dismissed.
Patrick Byrnes, aged 80, was convicted in 2018 by a Central Criminal Court jury of 58 indecent assault charges and two rapes committed between 1975 and 1985. The abuse began when his daughters were about seven, the year of their First Communion, and continued for ten years, occurring mainly in the family home, a coal shed, and his car. Byrnes encouraged the family dog to participate in sexual acts with one daughter on three occasions. He was sentenced to eight years' imprisonment with two years suspended. Byrnes, a retired taxi driver, pleaded not guilty and maintains his innocence. He has now lodged an appeal, arguing that the trial judge failed to properly address alleged fabrication and collusion by the complainants and that the jury was not given adequate directions on how to use their evidence. The Court of Appeal has reserved judgment.
In 2018, 13‑year‑old Boy B lured 14‑year‑old Ana Kriegel from her home to a derelict house in St Catherine's Park, Lucan, where he and Boy A attacked her. Boy B later admitted seeing Boy A assault Ana. In June 2019, a Central Criminal Court jury found Boy B, now 15, guilty of murder; he received a 15‑year sentence, reviewable after eight years. Boy A was also convicted of aggravated sexual assault and sentenced to life with a 12‑year review and eight years for the assault. Boy B's appeal, originally scheduled for April 24, 2020, was postponed because he changed counsel and will be heard later. The DPP will file its own submissions by April 3. The appeal concerns only the conviction, not the sentence. Boy B remains detained at Oberstown Children Detention Campus, with an earliest possible release in June 2027.
In a Court of Appeal hearing on 24 April 2020, Mr Justice George Birmingham, the President of the Court of Appeal, expressed that he had never heard of post‑trial research into jurors and would deprecate such practice if it were emerging. The case concerned a 53‑year‑old man convicted in February 2019 of sexually assaulting a 13‑year‑old girl, who received a sentence of three‑and‑a‑half years with the final year suspended. Lawyers for the defendant argued that a post‑trial investigation had raised concerns about the impartiality of the jury, citing connections between jurors, the defendant's employer, and the complainant's family. The defence claimed the jury had no knowledge of these connections, while the Director of Public Prosecutions maintained that no evidence showed jurors had acted on such information. Mr Justice Birmingham noted the matter was curious and that he would reserve judgment and return a decision soon.
The Court of Appeal heard that UK authorities have withdrawn a human trafficking charge against Eamon Ronald Harrison, a Northern Irishman facing extradition for 39 counts of manslaughter and conspiracy to assist unlawful immigration. Harrison, who is challenging his pending extradition, was alleged to have delivered the trailer in which 39 migrants died in Essex. The withdrawal of the trafficking charge will shorten his appeal hearing, scheduled for May 7. In related proceedings, Maurice Robinson, of Craigavon, Co Armagh, admitted 39 counts of manslaughter at the Old Bailey. He had previously pleaded guilty to conspiracy to assist unlawful immigration and acquiring criminal property, specifically cash, while denying a further charge of transferring criminal property. Robinson will be sentenced at a later date. Additionally, Ronan Hughes, of Co Monaghan, appeared before the High Court in Dublin, where he is wanted by UK authorities for 39 counts of manslaughter and one count of conspiracy to assist unlawful immigration. His extradition hearing is set for May 1, with a provisional bail hearing fixed for April 29. Four other men are scheduled to stand trial at the Old Bailey on October 5 in connection with the investigation.
In a remote Court of Appeal hearing, an 86‑year‑old paedophile, whose name is withheld to protect his victim's identity, appealed a conviction for three counts of indecent assault against his son committed between 1977 and 1979. The Central Criminal Court had found him guilty and imposed consecutive sentences totalling four years, a maximum penalty of two years at the time of the offences. The appellant's barrister argued that the trial judge failed to give a required corroboration warning, citing inconsistencies in the complainant's evidence and the judge's refusal to engage with it. The DPP countered that the judge's stance was consistent with judicial practice and that section 7 of the Criminal Law (Rape) (Amendment) Act 1990 left discretion to the judge. The Court of Appeal, presided over by Mr Justice Birmingham, reserved its judgment.
In a remote hearing of the criminal side of the Court of Appeal, Judge John Edwards reduced the sentence of Romanian national Mihai Tache, 31, who had been jailed for four years for handling 67 stolen mobile phones worth just over €17,000. The original six‑year headline sentence was deemed excessive; the court set a headline of four‑and‑a‑half years, applied the one‑third mitigating discount, and imposed a net sentence of three years. The court declined to suspend any portion of the sentence, noting Tache's significant record and prior reoffending. The decision was made after submissions by Ms Kitty Perle BL on Tache's behalf and was delivered by the Court of Appeal President, Mr Justice George Birmingham, and Ms Justice Una Ni Raifeartaigh. The hearing was the first of its kind to involve the judges and lawyers via video link. Mihai Tache pleaded guilty.
A Monaghan man, Ronan Hughes, has appeared before the High Court in Dublin as part of an ongoing appeal related to his alleged involvement in the Essex migrant tragedy. Hughes, who is wanted in the UK on 39 counts of manslaughter and one count of conspiracy to assist unlawful immigration, admitted to the charges during the hearing. He was remanded in custody until a later date. Maurice Robinson, who previously pleaded guilty to conspiracy to assist unlawful immigration and acquiring criminal property, admitted 39 counts of manslaughter at the Old Bailey and will be sentenced at a later date. The case is currently in the appeal stage, with the court provisionally fixing April 29 for a bail application and May 1 for the full extradition hearing. The matter was adjourned and not finalised. The court heard that the sealed refrigeration unit was not turned on, leading to the deaths of 39 migrants due to oxygen starvation. Four other men are set to stand trial at the Old Bailey in connection with the investigation.
Petronel Pal, a 36‑year‑old Romanian, was arrested in Dublin in 2019 and faces extradition to Romania for alleged involvement in the murder of fellow Romanian Virgil Busa, who was violently assaulted on 10 April 2014 at Academy Square, Navan, and died three days later. Pal and other identified individuals are accused of forming an organised crime group, allegedly headed by a relative of Pal, and of breaking into Busa's apartment in the early hours of the murder date. The High Court, presided over by Mr Justice Paul McDermott, granted Pal a certificate to appeal the proposed surrender to Romanian authorities but refused a bail application. Pal's lawyers argued that the case raises a point of law of exceptional public importance, questioning whether the High Court correctly applied extraterritoriality principles and whether it is permissible to prosecute individuals for crimes committed in other EU Member States. The appeal will be heard by the Court of Appeal.
Jonathan Hawthorn, a 45‑year‑old former IRA member, was convicted of membership in an unlawful organisation and sentenced to five years' imprisonment in October 2018. He appealed on the basis that six witnesses, including an undercover FBI agent and Garda National Surveillance Unit officers, had been granted anonymity. The Court of Appeal held that anonymity was permissible under the Special Criminal Court's rules and that the defence was not disadvantaged. The court noted that the witnesses' anonymity was granted for operational and safety reasons, and that the trial's fairness was not compromised. Consequently, the appeal was dismissed, and Hawthorn's conviction and sentence were upheld. The decision reaffirmed that the Special Criminal Court may grant anonymity to witnesses when justified by security concerns.
After five trials and two appeals over an 11‑year period, the Court of Appeal upheld the convictions of Mark Farrelly (48), David Byrne (46) and Niall Byrne (37) for the tiger kidnapping of a Dublin family and the robbery of Securicor of €2.08 million. The appellate court, presided over by Mr Justice George Birmingham with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, found no merit in the gang's grounds of appeal. The defendants had pleaded not guilty to the false imprisonment of Paul Richardson's family at their Ashcroft home in Raheny and to the cash‑in‑transit robbery on 14 March 2005. They had argued that the evidence gathered by Gardaí was unconstitutional and should be excluded under the 2015 Supreme Court ruling in 'JC', but the court rejected this claim. The convictions were therefore confirmed and the appeals dismissed. The decision was released electronically as part of Covid‑19 pandemic measures.
Paula Farrell, 47, was sentenced to the mandatory term of life imprisonment for the murder of Wayne McQuillan, 30, at her Drogheda home on New Year's Day 2014. This marks her second conviction for the offence following an appeal that quashed her initial 2015 conviction due to the exclusion of the partial defence of provocation. A subsequent retrial in 2019 resulted in a hung jury. In this final trial, Farrell pleaded not guilty to murder but guilty to manslaughter. The Central Criminal Court jury unanimously rejected her defence of provocation, finding her guilty of murder. Mr Justice Paul McDermott sentenced Farrell to life imprisonment, backdating the sentence to July 1, 2015, to account for time already served in custody. The judge excused the jurors from future service. The court heard a victim impact statement from the deceased's sister, Audrey McQuillan, who described the family's enduring pain. Farrell's legal team had argued she acted under provocation and suffered from PTSD and alcohol dependency, while the prosecution contended she intended to cause serious injury. The matter was concluded with the imposition of the mandatory life sentence.
Paula Farrell, convicted of the murder of Wayne McQuillan, is currently at the appeal stage of her legal proceedings. The Central Criminal Court trial heard that Farrell stabbed McQuillan four times on New Year's Day 2014 in Drogheda. McQuillan, who was six times over the drink-driving limit, suffered a fatal cardiac arrest after a 30-minute ambulance delay. Farrell, who had no previous convictions, claimed she acted in self-defense after McQuillan allegedly attempted to sexually assault and strangle her. She testified that she stabbed him to stop the abuse, though she admitted to washing her hands and leaving the knife in the sink. Defense experts attributed her actions to PTSD stemming from childhood sexual abuse and alcohol dependency, while prosecution experts argued her behavior was primarily driven by intoxication. Farrell was found guilty of murder, rejecting the defense argument for a manslaughter conviction based on provocation. The current procedural stage is an appeal against this conviction.
The Court of Appeal has dismissed appeals by professional landlords Paddy McKeown and Adelaide McCarthy against High Court orders restraining them from interfering with four properties in Cork. The couple, who reside at Villa Nova, Douglas Road, challenged injunctions secured in 2017 by receiver Ned Murphy, appointed by AIB after the defendants allegedly defaulted on loan agreements. AIB claims to have obtained judgments exceeding €1.4m against the couple. The High Court, presided over by Mr Justice Paul Gilligan, had previously granted the receiver's orders and dismissed the couple's cross-applications to restrain the disposal of the properties. In a detailed written judgment, the three-judge panel, led by Mr Justice Brian Murray, upheld the High Court's decision. Mr Justice Murray stated that the defendants failed to establish any basis for concluding the High Court erred. He rejected allegations that the High Court judge was biased or unfair, describing the proceedings as scrupulously fair. The court also dismissed the argument that the receiver used an alias, deeming it utterly without merit. The only remotely arguable ground regarding the validity of the receiver's appointment was noted for consideration at the full trial of the action. The appeal was formally dismissed, leaving the original restraining orders in place.
The High Court in Dublin has dismissed an appeal brought by a County Sligo man seeking to overturn a possession order relating to his family home. Keith McNair had appealed a 2016 Circuit Court decision, made in favour of Start Mortgages DAC, concerning his property at Lisheen, Loughaneeteen, Calry. Mr McNair raised several grounds of appeal, including alleged breaches of the Family Home Protection Act 1976 and non-compliance with the Code of Conduct for Mortgage Arrears. He also argued the 2007 mortgage agreement was unlawful due to Start's authorisation status and claimed violations of EU consumer protection directives. Mr Justice Garrett Simons dismissed all grounds, finding Start was entitled to possession as the registered charge holder. The judge noted Mr McNair had not disputed significant arrears exceeding €470,000, with no repayments made since July 2011. A six-month stay on execution was imposed, with permission granted to apply for extension should pandemic conditions persist.
In a 31‑page Court of Appeal judgement, Mr Justice Aileen Donnelly dismissed Tezaur Bita's challenge to the constitutionality of the offence of urinating in public under section 5 of the Summary Jurisdiction (Ireland) Amendment Act 1871. Bita, who was arrested after relieving himself on Old Nangor Road at 3.45 am on 27 August 2015, had argued that the 1871 offence was too vague and uncertain, and that he could not have known his conduct fell within the section. The court rejected his arguments, finding them irrelevant, and noted that the offence was not applied to him simply for urinating but for the circumstances in which it occurred, which the respondents contended were indecent. Bita's comparison of urinating to breastfeeding in public was described as an "extraordinary comparison" and was not considered relevant to the appeal. The court also rejected his claim that the section was arbitrary or conferred excessive power on Gardaí.
The Court of Appeal has listed an appeal against the conviction of an unnamed 15-year-old, referred to as Boy B, who was unanimously found guilty of murdering 14-year-old Ana Kriegel in May 2018. Boy B, who was 13 at the time, lured the victim from her home to a derelict house in Lucan where he was attacked by his friend, Boy A. Boy B was sentenced to 15 years detention, reviewable after eight years, with an earliest possible release date in June 2027. His co-accused, Boy A, was sentenced to life imprisonment with a review after 12 years for murder, plus eight years for aggravated sexual assault; no appeal has been lodged on Boy A's behalf. Boy B is appealing his conviction only, not the sentence. DPP counsel Brendan Grehan SC stated that three grounds of appeal were submitted, with the hearing scheduled for April 24. The President of the Court of Appeal, Mr Justice George Birmingham, confirmed that media will be present, but strict anonymity rules regarding the boys' identities, families, and schools remain in force. Boy B is currently detained at Oberstown Children Detention Campus, and arrangements for his transfer to court are being finalized. The matter is at the appeal stage, with the hearing set for a future date.
Mr Justice Brian McGovern retired from the Court of Appeal and High Court after more than fourteen years of service, including a long spell as judge in charge of the Commercial Court division of the High Court. He began his legal career as a barrister in 1972 and later served on several tribunals such as the Whiddy Island Tribunal, the Ryan Commission and the Lindsay Tribunal. In 2006, shortly after his appointment to the High Court, he presided over the embryo case involving Mary Roche and her frozen embryos. Tributes were paid by the President of the Court of Appeal, the Attorney General, the President of the Law Society of Ireland, the Chairman of the Bar Council, the CEO of Court Services, and others. Mr Justice McGovern thanked his family, colleagues, and supporters, and expressed a desire to depart quietly, following the example of Homer Simpson.
A 54‑year‑old Tipperary man was convicted of 75 counts of sexual abuse and rape of his daughters and sentenced to 17 years' imprisonment. The conviction, upheld on appeal, covered 44 charges of sexual abuse, 37 counts of raping his eldest daughter, one count of anal rape of that daughter, one count of oral rape of his younger sister, and one count of threatening to kill his youngest daughters between October 1994 and July 2012. He pleaded not guilty at the Central Criminal Court. The Court of Appeal rejected all grounds of appeal, finding the evidence sufficient for the jury to convict on each count and dismissing the argument that the judge should have allowed further questioning of a victim about her conduct in a previous trial. The appeal judges confirmed the 17‑year sentence imposed by Ms Justice Margaret Heneghan on 18 May 2015.
A 38‑year‑old UK businessman was convicted of raping and sexually assaulting two girls aged 10 and 12 in Dublin and Louth between December 2010 and March 2011. He had denied the charges during a 42‑day trial. The girls lived with their mother and siblings in the UK before moving into the businessman's house, where he showered them with gifts and trips. UK social services had been involved and were concerned about his daily control and grooming of the children. He was sentenced to 14 years' imprisonment, with the final two years suspended. His appeal was dismissed by the Court of Appeal, which upheld the conviction and found the trial and conviction to be satisfactory. The appeal was rejected on all grounds, including the specialist Gardaí interviews and the use of pre‑interview materials. The court confirmed the conviction was safe.
Robert Maxwell, 26, was found guilty of endangering Simon Ryan by driving a van into a group of people in Nenagh on 6–7 August 2017. Maxwell struck Ryan, knocked him to the ground, drove over him and then drove at him again. He pleaded guilty to the endangerment and to three public order offences. The Tipperary Circuit Criminal Court had imposed a wholly suspended four‑year sentence on 28 June 2019, but the Court of Appeal deemed it unduly lenient. The appeal court quashed the original sentence and re‑sentenced Maxwell to four years' imprisonment, with the final two years suspended. He must enter a good‑behaviour bond for the suspended period. Maxwell had 28 prior convictions, many for road traffic offences, and had been disqualified from driving on several occasions.