In a case before the Special Criminal Court, Jonathan Hawthorn, 45, was convicted of membership in the Irish Republican Army for purchasing explosives online. The prosecution relied on FBI surveillance of the dark web, where a user named Meat Cleaver ordered Semtex, a grenade, a handgun and ammunition. Hawthorn was photographed receiving a mock‑delivery of the explosives and was later found with the materials in a sports bag. He was sentenced to five years' imprisonment in October 2018. Hawthorn has now appealed, arguing that witnesses from the National Surveillance Unit should not be granted anonymity in the non‑jury court. The appeal contends that no legal authority exists for anonymous testimony, and that the accused has a right to know the identity of witnesses. The Court of Appeal has reserved judgment.
A High Court judge struck out an injunction application brought by Barbara Sloan, a sister‑in‑law of the late Cyril McGuinness, who died after a police raid in the UK. Sloan had travelled to the UK with McGuinness's widow, Mary, when they were removed from a flight at Dublin Airport and held by Garda detectives for two hours. Two mobile phones were seized. Sloan sought the return of the phones, claiming they contained private and business information. The judge noted the phones were taken in early November and said there was no urgency to the matter, suggesting an application under the 1897 Police Property Act would be more appropriate. The injunction was struck out and the Commissioner was awarded legal costs. Sloan may appeal the decision to the Court of Appeal, and her claim for damages remains pending.
Darren Magee, a 33-year-old man from Newry, County Down, pleaded guilty at Dublin Circuit Criminal Court to possession of child pornography at Store Street Garda Station on August 27, 2015. Prosecuting Detective Inspector Mark Jordan stated that Magee voluntarily attended the station and handed over two mobile phones, which were subsequently analysed. The analysis revealed three images of child pornography, including one depicting a sexual act between an adult male and a young boy, and two images of child exposure. The prosecution noted that the images were discovered following a report from a mother concerned about contact between her son and the accused. Defending counsel Bernard Condon SC submitted that there was no evidence of trading, commercial purpose, or creation of the images by the accused, suggesting they arrived via a conversation on the Grindr app. He highlighted that Magee had no previous convictions and was receiving therapeutic support. Judge Martin Nolan, noting Court of Appeal decisions regarding non-custodial sentences in the absence of aggravating factors such as prior records or distribution, sentenced Magee to one year imprisonment. This sentence was suspended in full. The Judge declined to impose probation, observing that the accused had taken independent steps toward rehabilitation and reform.
Bartosz Kepczynski, 43, pleaded guilty at Dublin Circuit Criminal Court to possession of child pornography at his home on June 19, 2014. The matter is currently at the appeal stage. Judge Pauline Codd suspended an 18-month prison term, imposing a condition that Kepczynski continues to engage with sex offender therapy. The court noted a Probation Service assessment placed him at low risk of re-offending and that he has no other convictions. Detective Garda Cliff Cullen testified that increased obligations on technology companies to notify gardaí of potential child pornography have resulted in more cases being brought to the attention of investigators. The search of Kepczynski's home, triggered by an Interpol investigation, seized computer equipment containing eight still images and one video file. These depicted children aged four to nine being subjected to oral sex and a teenage girl having her underwear removed. Kepczynski stated he downloaded the material out of curiosity and did not find it sexually arousing. Counsel for the defendant objected to certain evidence regarding the categorisation of the material, arguing it was not properly stated. The garda witness noted that applying a five-stage categorisation scale endorsed by the Court of Appeal would be time-consuming and detrimental to analysts. The judge acknowledged the defendant's socially isolated life at the time, noting that the internet may have become his support.
A 55‑year‑old Dublin man, who cannot be named for legal reasons, has appealed his conviction for raping his heavily‑pregnant girlfriend. He was found guilty by a Central Criminal Court jury of three counts of sexual assault in November 2014 and two counts of rape in December 2014, just before the victim was due to give birth to their second child. He denied all charges during both trials. Ms Justice Deirdre Murphy described his actions as "sneaky, underhand and clandestine" and noted the victim's humiliation when videos of the assault were shown in court. Mr Justice Paul Butler imposed a concurrent sentence of 10 years' imprisonment with the final two years suspended. The appeal was lodged on grounds that the trial judge erred in instructing the jury about corroboration and consistency of the complainant's account, and that adverse publicity and procedural issues may have affected the trial. The Court of Appeal reserved its judgment.
Roy Webster, 42, of Ashbree, Ashford, Co Wicklow, was convicted of murder for bludgeoning Anne Shortall, 47, to death with a hammer on 3 April 2015. Webster claimed he was provoked after Shortall threatened to inform his wife of their affair. He was found guilty by a jury at the Central Criminal Court and sentenced to mandatory life imprisonment by Mr Justice Patrick McCarthy on 24 March 2017. On 17 December 2019, Webster lodged an appeal in the Court of Appeal, challenging the trial judge's instructions on the defence of provocation. His barrister, Michael Bowman SC, argued that the test for provocation should be subjective, based on Webster's state of mind, rather than the objective standard used by the judge. The Court of Appeal, presided over by Mr Justice George Birmingham, is expected to deliver a decision on 20 December 2019. The appeal focuses solely on the provocation defence and does not address any other aspects of the case.
David Byrne, a 43‑year‑old former postman from Kilcullen, appealed the severity of his five‑year prison sentence for dangerous driving that caused the death of 70‑year‑old Patricia Dunne on Collins Avenue East, Killester, in October 2015. Byrne, who has Type 2 Usher Syndrome, a degenerative eye disorder that causes peripheral vision loss, pleaded not guilty to the charges of dangerous driving, dishonestly inducing the National Driving Licence Service to issue a licence, and making a false statement while taking out insurance. The jury found him guilty on all three counts. His appeal, presented to the Court of Appeal, argues that the eight‑year headline sentence was too high and that his medical condition should be considered. The Court of Appeal reserved judgment, with a decision expected on 20 December 2023.
Alan Cawley, aged 32, of Four Winds, Corrinbla, Ballina, County Mayo, has lost his appeal against murder convictions at the Court of Appeal. Cawley was found guilty in 2017 of murdering Thomas Blaine, aged 69, and John Blaine, aged 76, at New Antrim Street in Castlebar on 10 July 2013. He had admitted killing the brothers with a shovel and a walking stick but denied murder, arguing diminished responsibility due to mental health disorders. A jury unanimously rejected this defence, and Mr Justice Paul Coffey imposed mandatory life sentences. Cawley appealed on grounds that the trial judge misdirected the jury regarding intoxication and diminished responsibility. The three-judge appeal panel, led by Mr Justice Patrick McCarthy, found no error in the trial judge's instructions and dismissed the appeal. The brothers, who had special needs and were under HSE care, were both assaulted fatally during the attack.
Patrick Quirke, a 50‑year‑old farmer from Breanshamore, Co. Tipperary, has been granted a hearing in October to appeal his conviction for the murder of Bobby Ryan, a part‑time DJ known as 'Mr Moonlight'. Ryan disappeared on 3 June 2011 after leaving the home of his girlfriend, Mary Lowry, and his body was found in an underground run‑off tank on Lowry's farm in April 2013. The prosecution argued Quirke killed Ryan to rekindle a relationship with Lowry and staged the body's discovery after Lowry tried to terminate his lease. Quirke's lawyers contended the evidence was merely suspicious, citing inconsistencies in Lowry's testimony and questioning her reliability. A Central Criminal Court jury found Quirke guilty after 20 hours and 39 minutes of deliberation, and he received a mandatory life sentence on 1 May 2019. The Court of Appeal has set 13 October for the appeal hearing, which is expected to last four days.
In a retrial held at the Central Criminal Court, Yusif Ali Abdi, aged 46, was found not guilty by reason of insanity for the murder of his 20‑month‑old son, Nathan Baraka Andrew Ali, who died on 17 April 2001. The original 2003 trial had convicted Abdi of murder after a jury rejected his insanity defence. In 2013 he was diagnosed with paranoid schizophrenia, a fact that led the Court of Appeal to quash the conviction earlier this year. During the four‑day retrial, psychiatrist Dr Damian Mohan testified that Abdi had shown early signs of the disorder at the time of the offence and that he was unable to appreciate the wrongfulness of his actions. The jury deliberated 17 minutes and returned a unanimous verdict of not guilty by reason of insanity. Judge Alexander Owens ordered Abdi to be committed to the Central Mental Hospital and to appear before the court again next Friday.
Yusif Ali Abdi, 46, is on trial at the Central Criminal Court for the murder of his 20-month-old son, Nathan Baraka Andrew Ali, at The Elms, College Road, Clane, Co Kildare, on April 17, 2001. Abdi pleaded not guilty to the charge. The matter is currently at the retrial stage following an appeal in which the Court of Appeal quashed his 2003 murder conviction, citing a newly discovered diagnosis of paranoid schizophrenia in 2013. During closing submissions, defence counsel Barry White SC stated that Abdi had been admitted to the Central Mental Hospital on three separate occasions during his detention. White argued that all four expert psychiatrists now agree Abdi was suffering from schizophrenia at the time of the killing, rendering him legally insane. Prosecution counsel Seamus Clarke SC contended that the proper verdict is not guilty by reason of insanity. The jury is currently deliberating, with the judge continuing to charge them. No final verdict or sentence has been recorded in this report.
Yusif Ali Abdi, the appellant, is currently on trial at the Central Criminal Court for the murder of his 20-month-old son, Nathan Baraka Andrew Ali, at The Elms, College Road, Clane, Co Kildare, on April 17, 2001. Abdi has pleaded not guilty to the charge. His previous murder conviction was quashed by the Court of Appeal earlier this year after he was diagnosed with paranoid schizophrenia in 2013. The current proceedings focus on the insanity defence, with the State and defence largely agreeing on the issue. Dr Damian Mohan, a consultant psychiatrist, testified that he now agrees with other experts that Abdi was suffering from a mental disorder at the time of the offence, a view he did not hold during the 2003 trial. Mohan stated that Abdi met the criteria for a verdict of not guilty by reason of insanity, as he was unable to refrain from committing the act. This aligns with the testimony of Dr Alex Quinn and Dr Aggrey Washington Burke, who also concluded Abdi fulfilled the criteria for the special verdict. The court heard that Abdi was admitted to the Central Mental Hospital on four occasions between 2001 and 2013 for various psychiatric conditions, including psychotic depression and suicidal ideation. The trial continues before Mr Justice Alexander Owens and a jury.
In a 2019 Central Criminal Court hearing, psychiatrist Professor Keith Rix testified that Yusif Ali Abdi, aged 46, suffered from paranoid schizophrenia at the time he killed his 20‑month‑old son, Nathan Baraka Andrew Ali, in April 2001. Rix cited Abdi's reports of hearing voices, disorientation, and belief that his son was a threat, as well as depressive symptoms and post‑traumatic stress indicators noted by doctors in 1998 and 2001. He argued that these symptoms meant Abdi could not appreciate the moral wrongness of his act or refrain from it, satisfying the criteria for a special verdict of not guilty by reason of insanity. The court had previously rejected Abdi's insanity defence in 2003, but his 2019 appeal led to a retrial based on newly discovered psychiatric evidence. The trial continued the following day before Mr Justice Alexander Owens and a jury. Yusif Ali Abdi was found guilty.
A murder trial at the Central Criminal Court heard that 20-month-old Nathan Baraka Andrew Ali died from head injuries caused by forceful impacts against a hard surface, likely a wall or floor. Consultant Pathologist Professor Jack Crane testified that the toddler's injuries were not accidental and involved at least three or four impacts. Yusif Ali Abdi, 46, pleaded not guilty to the charge of murdering Nathan at The Elms, College Road, Clane, Co Kildare on April 17, 2001. The court heard that Abdi, who was granted refugee status in 2000 and married an Irish woman, had previously been found guilty in 2003 but had his conviction overturned in 2019 due to newly discovered evidence suggesting he may have been legally insane at the time. The trial is ongoing, with the matter currently in the appeal stage. Former Northern Ireland State and Consultant Pathologist Professor Jack are also named as accused, though their charges remain alleged or contested. The case has been adjourned and is not yet concluded.
In a 2019 retrial, Amanda Bailey, wife of Yusif Ali Abdi, testified that her husband's treatment has been "beyond cruel." She recounted their meeting in 1998, pregnancy in 1999, and marriage to secure his legal status. Bailey described Abdi as a quiet, caring partner who later displayed signs of paranoia and depression after a 2001 arrest and a visit to Africa. She detailed an argument over their son Nathan, during which Abdi threw a phone that cut her lip, and her subsequent refusal to return home until he sought psychiatric help. On the night of Nathan's murder, Bailey heard noises, saw Abdi praying, and found the child pale, blood‑stained, and lifeless. She noted Abdi's denial of mental illness and his accusations of her poisoning him. The prosecution highlighted that Abdi was convicted in 2003, but a 2019 appeal led to a retrial based on newly discovered evidence of early signs of paranoid schizophrenia. Yusif Ali Abdi pleaded not guilty.
The Court of Appeal has dismissed the appeal of John Barrow, a 74-year-old pensioner from Crolly, Co Donegal, upholding his conviction for abusing a teenage boy. Barrow had denied six counts of indecently assaulting the then 14-year-old victim between August 1989 and September 1990. He was originally found guilty by a jury at Donegal Circuit Criminal Court and sentenced to six years' imprisonment, with the final two years suspended, by Judge Cormac Quinn on June 19, 2017. The defence argued that a directed acquittal should have been granted due to a fundamental inconsistency regarding the victim's age and school year relative to the indictment dates. However, President of the Court of Appeal, Mr Justice George Birmingham, sitting with Mr Justice Patrick McCarthy and Mr Justice Brian Murray, held that the trial judge was entitled to leave the case to the jury. The court noted that while the complainant provided inconsistent details about the timing, he never resiled from his core complaint. Supporting evidence included the complainant's description of Barrow's home layout, a retained novel, and evidence related to a shared hobby. The three-judge panel concluded there was no doubt the trial judge acted correctly, thereby dismissing the appeal and maintaining the original conviction and sentence.
Alan Freeman, aged 38, was convicted of violently breaking into the Garvey family home in Pallasgreen, Co. Limerick, on 16 April 2012, where he and two other men used a sawn‑off shotgun, a sledgehammer and a baseball bat. The gang restrained the occupants, threatened Gerard Garvey and his 14‑year‑old daughter, and took cash before fleeing. Freeman, along with Patrick Roche (54) and Philip Roche (25), was also found guilty of a separate burglary at the Creed home. Judge John Hannan sentenced Freeman to 14 years, with the final three years suspended. On 10 December 2019 the Court of Appeal quashed Freeman's conviction and ordered a retrial, while the convictions of the Roche men were upheld. The appeal was based on the Court's view that evidence linking Freeman to an alleged burglary at another home should have led to a separate trial, as the evidence was deemed insufficient and potentially prejudicial.
The Court of Appeal quashed the money‑laundering conviction of Henry Alinta, 44, owner of Aligreen Recycling Limited, after a trial judge's instructions were found to have confused the jury about the presumption of innocence and the burden of proof. Alinta had been stopped at the M1 Toll Plaza outside Drogheda, where Gardaí found €127,000 and £146,940 in his BMW X6. He claimed the cash was collected on instructions from a Nigerian friend, Sanni, and that he did not know the amount. A jury convicted him after 27 minutes of deliberation and sentenced him to four years' imprisonment, 18 months suspended. The Court of Appeal held that the judge's explanation created "confusion" that was fatal to the trial's integrity, and the conviction was therefore quashed. The case will be reviewed for a possible retrial. Henry Alinta pleaded not guilty.
In a 2003 trial at the Central Criminal Court, a psychiatrist who had earlier testified that Yusif Ali Abdi was not suffering from paranoid schizophrenia now stated that Abdi displayed early signs of the condition in 2001. Abdi, a 46‑year‑old Somali refugee, was charged with murdering his 20‑month‑old son, Nathan, on 17 April 2001. He pleaded not guilty at arraignment. The prosecution argued that Abdi's mental health deteriorated after traumatic experiences in Somalia, including the death of his father, and that he became paranoid about Gardaí. Evidence was presented that Abdi had been admitted to the Central Mental Hospital from November 2001 until 2003 and was diagnosed with paranoid schizophrenia in 2013. The case was retried in 2019 after a Court of Appeal decision to order a retrial based on newly discovered facts. Yusif Ali Abdi was convicted.
Martin Aylmer, 32, of Casino Park, was sentenced to three years and nine months in prison for supplying six pre‑paid mobile phones to the Kinahan crime group, which were used in the 2016 murder of Michael Barr. The Special Criminal Court found that one phone was found beside the getaway car used in the killing, and CCTV footage showed Aylmer buying the phone two days before the shooting. He pleaded guilty to aiding a criminal organisation, but the judge could not prove he knew a murder would occur and found no evidence he moved firearms. Aylmer, who had two prior minor convictions, is now appealing on the grounds that the sentence was unduly lenient. The Director of Public Prosecutions argued that Aylmer's provision of "vital tools" and delivery of the phones to a lock‑up that later contained firearms and bleach demonstrated his assistance in a well‑planned, cold‑blooded assassination. The Court of Appeal will review the sentence.
A 74-year-old man from Crolly, County Donegal, appeared before the Court of Appeal on 28 November to challenge his conviction for sexually abusing a teenage boy over three decades ago. John Barrow had been found guilty by jury of six counts of indecent assault against the then 14-year-old between August 1989 and September 1990. He was sentenced to six years imprisonment, with the final two years suspended, in June 2017. During today's appeal hearing, Barrow's legal counsel argued that a significant inconsistency in the prosecution case concerning when the complainant was in sixth class undermined the indictment's timeframe. The Director of Public Prosecutions' representative maintained there was sufficient evidence for the jury to assess credibility. The three-judge panel reserved judgement, with the court expected to deliver its decision on 10 December.
The Court of Appeal dismissed Michael McDonald's appeal, which argued that his alcoholism or Alcohol Dependence Syndrome had diminished his responsibility for the murder of Breda Cummins. McDonald, 56, had admitted killing Cummins, 31, in 2010 but denied murder, and was convicted of murder in 2012 with a mandatory life sentence. His defence at trial claimed diminished responsibility due to schizoaffective disorder; the jury rejected this and found him guilty. In the appeal, his barrister Michael Lynn SC presented psychiatric experts who agreed McDonald suffered from alcoholism but also agreed it did not fall within the Criminal Justice (Insanity) Act 2006 definition of diminished responsibility. The Court of Appeal, led by Mr Justice George Birmingham, held that the argument was raised too late, was not raised at trial, and could not be pursued at appellate level. The appeal was dismissed, with the court affirming the trial judge's rulings and the verdict as safe and proper.
Anthony Walsh, 32, was convicted of murder for the killing of Dermot Byrne, 54, in Swords on 16 July 2017. Walsh admitted killing Byrne but denied it was murder. He claimed Byrne attacked him during a drunken altercation over a cigarette, but prosecutors argued his account was unrealistic given Walsh's height and Byrne's intoxication. Walsh sent social‑media messages after the killing, describing the attack with laughing emojis and a voice message stating he was "going to fucking jail." The Court of Appeal upheld his conviction, ruling the messages were not overly prejudicial and that Walsh's admission of wrongdoing was clear. A second appeal ground, the partial defence of provocation, was also dismissed. Walsh's conviction was affirmed, and he remains sentenced to mandatory life imprisonment.
Joseph Hillen, aged 25, was sentenced to nine years' imprisonment, with the final year suspended, after the Court of Appeal found his original six‑year term too lenient. Hillen admitted stabbing taxi driver Martin Mulligan, aged 53, in a rural area near Dundalk on 28 September 2015, but denied murder. He was found guilty of manslaughter by a jury and originally sentenced to seven years, with one year suspended. The appeal, brought by the Director of Public Prosecutions, led to a new sentence of nine years, again with the final year suspended. Hillen's case involved two serious stab wounds, a 22.5‑cm abdominal wound and a through‑and‑through thigh wound. He had previously been convicted of dangerous driving while on bail for the killing and had 15 prior convictions, none for violence. The court noted his role as a father of two children and the impact on the Mulligan family.
The Court of Appeal will ask the Court of Justice of the European Union for clarification on EU fishing regulations that govern the return of fish to sea in Irish waters. The case involves Dutch skipper Klass Meijvogel, who was convicted in 2015 of operating a Dutch factory ship, the Wiron 5, that had equipment capable of returning fish to the sea within the Irish exclusion zone near Cork. The ship was boarded by the Irish Naval Service on 11 February 2015, and the boarding party found a grading machine and chute that could return pelagic fish such as herring, mackerel or horse mackerel, which EU regulations made illegal to discharge or return. Meijvogel pleaded not guilty but was found guilty by a 10‑2 jury. Judge Seán Ó Donnabháin ordered confiscation of €344,960 for the catch and €55,000 for gear.
A 69‑year‑old man was sentenced by a Central Criminal Court jury to 20 years' imprisonment for indecent assault and rape of his grandson between 2004 and 2015, and for indecent assault, rape and attempted rape of three daughters between 1981 and 1987. The sentences were consecutive, giving a headline term of 20 years. The Court of Appeal, after hearing the case, suspended the final two‑and‑a‑half years of the sentence, citing the defendant's age and the likelihood that he would die in custody. The court kept the 20‑year term but removed the last 2½ years from the period to be served. The barrister for the defendant argued that a 20‑year sentence would effectively mean the man would serve the rest of his life in prison, while the Director of Public Prosecutions noted that 69 was not "very old" and that no medical evidence suggested ill‑health. The unnamed 69-year-old pleaded guilty and was convicted.
The Friends of the Irish Environment CLG has lodged an appeal against the High Court's dismissal of its judicial review challenge to the Government's National Mitigation Plan. The NGO seeks to have the appeal leapfrogged directly to the Supreme Court. In September, Mr Justice Michael MacGrath dismissed the proceedings, ruling that the government must be afforded broad discretion in adopting plans under the Climate Act and that the court could not interfere based on the separation of powers. The NGO alleged the plan, published in July 2017, was flawed and failed to specify urgent measures to reduce greenhouse emissions or manage risks such as flooding and ecological destruction. It sought to quash the government's approval of the plan and direct the production of a more robust strategy. The State respondents opposed the action, arguing the National Mitigation Plan was not justiciable and that the NGO was impermissibly advancing a prescribed policy while seeking to impose a positive obligation on the State. The matter is currently at the appeal stage, with the NGO requesting the Supreme Court to hear the case directly rather than through the Court of Appeal.
Ms Justice Leonie Reynolds granted possession orders to Everyday Finance DAC, requiring more than 20 adults and children to vacate three Dublin properties by January 31. The properties, originally purchased by businessman Jerry Beades in 2002 using a €1.7m loan from PTSB, were repossessed following an alleged default. The loans were subsequently acquired by Cheldon Property Finance and later by Everyday Finance. The judge rejected residents' claims of valid leases, noting no such leases were sanctioned by lenders. She refused an application by residents Tomasz and Marta Skorupinska to adjourn the matter for legal representation, stating they had previously retained solicitors and that their recent sworn statements appeared assisted. The judge emphasized that possession orders had been before the courts since 2012 and that delays were no longer acceptable. Although Mr Beades has appeals before the Court of Appeal regarding the possession orders, the current ruling mandates the residents' departure. Everyday Finance, represented by Mr Stephen Byrne BL, alleged the occupants were present without valid leases and had obstructed property inspections. The judge noted that previous offers to allow rent-free occupancy were rejected by the residents.
The State has appealed to the Court of Appeal against a High Court ruling that quashed Judge Mary Fahy's refusal to recuse herself from hearing the prosecution of Midnight Entertainments. The company, which operates the "4 Aces" casino in Galway city, is charged with selling alcohol without a licence on November 28, 2015. Midnight Entertainments denies wrongdoing, asserting it is a private members' club that does not require a liquor licence, and intends to fully defend the prosecution. The appeal stems from Judge Fahy's earlier 2015 decision in a similar case against a company director, where she found him guilty, imposed a six-month suspended prison sentence, and remarked that a "genuine casino" must hold a liquor licence. Citing these remarks, the company argued in January 2017 that a reasonable apprehension of bias existed, prompting Judge Fahy's refusal to recuse. The High Court subsequently ruled in the company's favour. The Director of Public Prosecutions is now seeking to overturn that decision. Counsel for the DPP argued that the judge's legal ruling did not necessitate recusal, while company counsel described the prosecution as unusual and a "second bite of the cherry." The Court of Appeal, presided over by Mr Justice George Birmingham with Mr Justice Patrick McCarthy and Ms Justice Aileen Donnelly, reserved its judgement on the appeal.
In a case heard by the Court of Appeal on 22 November 2019, Brandon Power, aged 21, was found to have bitten Garda Thomas Devereux's finger so hard that the bone snapped during an incident at the Bray courthouse on 31 March 2018. Power had pleaded guilty to assaulting the Garda and was already being sentenced for a separate matter when he became aggrieved and tried to escape. While being restrained, he bit the Garda's finger, causing the injury. Judge Terence O'Sullivan had originally imposed a wholly suspended one‑year sentence on 11 April 2019. The Court of Appeal, with Mr Justice George Birmingham presiding, declared that sentence "unduly lenient" and ordered a re‑sentencing hearing on 10 March 2020. The court also requested an updated probation report and allowed Power to remain on bail pending the new hearing. The decision does not yet specify a custodial term, but indicates that a custodial sentence may be imposed.
A lay litigant with addresses in County Mayo attempted to effect a citizen's arrest on a solicitor from the office of the Director of Public Prosecutions during proceedings in the Court of Appeal on Friday. Stephen Manning, a candidate in the 2016 general election, had previously sought to arrest a DPP solicitor and barrister during judicial review proceedings in the High Court. Mr Manning is now appealing certain findings from those High Court proceedings. During case management on Friday, he disputed the title of his appeal and made various allegations of fraud. When asked to sit down by the President of the Court of Appeal, Mr Justice George Birmingham, Mr Manning refused. Following the lunch adjournment, he approached the DPP solicitor and placed his hand on the solicitor's shoulder, requesting he accompany him to a garda station. Members of An Garda Síochána present declined to take anyone into custody.
Ciaran Maguire and Sean Paul Farrell, Dublin men wanted in Northern Ireland for the alleged attempted murder of a PSNI officer and possession of explosive substances, raised constitutional concerns regarding their potential extradition. Both face life imprisonment if convicted. Maguire's counsel argued that evidence gathered during their arrest in Donegal, including DNA and interview transcripts, must be scrutinized in Ireland to ensure it was not obtained unlawfully, as Irish constitutional protections cannot be challenged in Northern Ireland. Farrell's counsel contended that his client was informed of a right to silence that does not exist in Northern Ireland, where inferences can be drawn from silence. The Minister for Justice's counsel dismissed these as fishing expeditions, noting that inferences are trial issues. The Court of Appeal previously rejected a judicial review concerning the Gardaí's refusal to provide this information. In the High Court, Mr Justice Donald Binchy stated the applications deserved a written judgment, aiming to deliver it by November 26. He also granted each man senior counsel to argue their extradition case in December. The matter remains at the pre-extradition procedural stage, with no final determination on the extradition request yet made.
Petr Balint, a 41-year-old former night security guard at All Hallows College, Dublin, was sentenced at Dublin Circuit Criminal Court after pleading guilty to theft charges. He admitted to stealing 33 art prints and an incunabula, defined as a book printed before 1501, from the college between January 2013 and June 2014. Balint also pleaded guilty to the theft of four prayer books and six other books during the same period. Judge Martin Nolan noted that while theft from employers is a serious matter, the value involved in this case did not approach the thresholds cited by the Court of Appeal for significant custodial sentences. Consequently, the judge determined that a custodial sentence was not appropriate. Balint was imposed a two and a half-year sentence, which was suspended in full. The court heard that Balint had sold some of the stolen prints through Sotheby's auction house, claiming they belonged to his mother, and had later returned the incunabula to the college. Defence counsel highlighted that Balint had no previous convictions, was a married father of one, and had used the proceeds to supplement his low wage. The judge accepted that Balint had been working alone and succumbed to temptation while the college was winding down operations.
Kerrie Fitzpatrick, 41, of Loughnamona Park, Leixlip, Co Kildare, was sentenced to 16 months in prison for attempting to smuggle 63 grams of heroin, worth €9,575, into Mountjoy Prison on 14 January 2017. She pleaded guilty at the Dublin Circuit Criminal Court and had a prior conviction for a similar offence at Portlaoise Prison. The Court of Appeal, presided over by Mr Justice George Birmingham, upheld the sentence after an appeal. Birmingham noted evidence that Fitzpatrick had been coerced and that her relationship with her former partner was violent and abusive, factors that may have influenced her decision to bring the drugs. He also remarked that the heroin was a "very significant quantity of hard drugs" likely intended for general supply within the prison, and that a custodial sentence was necessary given the seriousness of the offence. The appeal was dismissed by the panel of judges.
Anthony Walsh, 32, of no fixed abode, appeared in the Court of Appeal to challenge his conviction for the murder of Dermot Byrne, 54, at North St, Swords, Co Dublin, on July 16, 2017. Walsh had admitted killing Mr Byrne but denied the charge of murder, claiming self-defence and provocation. A Central Criminal Court jury found him guilty, and Ms Justice Eileen Creedon imposed the mandatory life sentence on October 22, 2018. In the appeal, Walsh's counsel, Brendan Grehan SC, argued that the trial judge erred by admitting a voice recording sent by Walsh to a friend shortly after the incident. The recording contained statements such as "I'm going to fucking jail" and references to a "poor old fella being kicked to death," followed by laughter. Grehan SC contended this evidence was highly prejudicial and not probative, while the Director of Public Prosecutions' counsel, Vincent Heneghan SC, maintained it was admissible as an admission of how the victim died. The appeal panel, presided over by Mr Justice George Birmingham with Mr Justice Patrick McCarthy and Ms Justice Aileen Donnelly, reserved its judgement. Consequently, the matter was adjourned, and Walsh must wait to hear the outcome of the appeal against his conviction.
Joseph Hillen, aged 25, was found guilty of manslaughter for stabbing taxi driver Martin Mulligan, aged 53, near Dundalk on 28 September 2015. Hillen admitted stabbing Mulligan after an altercation but denied murder. He was sentenced to seven years' imprisonment, with the final year suspended, by Ms Justice Eileen Creedon on 28 January 2019. The sentencing judge noted the jury's view that Hillen believed he was acting in self‑defence. The Director of Public Prosecutions (DPP) has appealed, arguing the sentence was unduly lenient, citing the brutality of the attack, Hillen's prior convictions, and his lack of honesty. The Court of Appeal will consider the appeal, with no decision yet announced. The case remains at the appeal stage. Joseph Hillen pleaded not guilty.
Joseph O'Connor, a 58‑year‑old former Garda, was convicted of possessing child pornography and sentenced to two years' imprisonment. He pleaded not guilty to five counts of possession of images and videos of children being sexually abused, with evidence seized from his home in August 2011. The material included videos of boys as young as ten and under 17, and 16 images of children exposed or abused. O'Connor was acquitted on one count but found guilty on the others. He maintains his innocence, claiming he never saw the material and that a man who visited his home days earlier corrupted his computer. He has appealed the conviction in the Court of Appeal, where the judgment is reserved. The appeal argues that the trial judge erred in rulings and that the prosecution failed to prove O'Connor knowingly possessed or deleted the material. The court will decide on the appeal.
Martin Hanley, 55, pleaded guilty to robbing a 65‑year‑old man outside a bookies on Gardiner Lane, Dublin, on 23 November 2017. He knocked the victim, Frank O'Neill, to the ground with a punch, demanded money while O'Neill lay on the ground, and stood on his leg. O'Neill's tibia was broken, leaving him unable to run or walk for a period and preventing him from walking his dog. Hanley, who is undergoing cancer treatment and has had a lung removed, was sentenced to five years' imprisonment, with the final two years suspended, by Judge Karen O'Connor on 29 March 2019. The Court of Appeal upheld the sentence, rejecting the appeal that it was too severe. The appeal was dismissed by Mr Justice George Birmingham, who noted the violence and injury inflicted and the victim's refusal of a €2,000 token of remorse offered by Hanley's family. The final sentence was three years' imprisonment, with no further suspension or adjustment.
A man convicted of raping two women in Sligo town has launched an appeal against his conviction at the Court of Appeal. Clement Limen, aged 47, of North Court, Quayside, Sligo, was found guilty by jury at the Central Criminal Court of raping two women at his apartment on June 2, 2014, following their meeting at a nightclub during a bank holiday weekend. He was sentenced to seven-and-a-half years imprisonment in December 2017. The defence contends that prosecuting counsel inadvertently introduced the concept of "system evidence" during closing arguments to the jury, potentially creating prejudicial inferences about corroboration between the complainants' accounts. The prosecution disputes this characterisation, maintaining that the counsel's language carried only ordinary meaning and that matters of corroboration were properly left to the jury's determination. The Court of Appeal, presided over by President Mr Justice George Birmingham, sat with two fellow justices and has reserved judgement on the appeal.
Mark Carlisle, aged 30, was convicted of violent disorder and assault causing harm after he kicked a man up to 12 times while the victim lay on the ground. The incident occurred on 12 October 2015 in Crumlin when the victim was returning home and was attacked by a group of five or six men. Carlisle was the only one who continued to kick the victim, who suffered a fracture to the base of the skull, intracranial haemorrhage and extensive facial trauma. He had 109 previous convictions, including three for violent disorder, and was already serving a three‑year sentence for a firearms offence. Judge Martin Nolan sentenced him to seven‑and‑a‑half years in prison on 26 July 2018. The Court of Appeal upheld the sentence, dismissing Carlisle's appeal and confirming the severity of the punishment. The decision was made by Mr Justice George Birmingham, with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy present. Mark Carlisle pleaded not guilty.
Paula Underwood, 56, pleaded guilty to unlawfully using a computer to divert over €23,000 from pensioners at Donabate Post Office between 2008 and 2013. She withheld payments from 91 pensioners across 156 transactions, understating entitlements and exploiting vulnerable customers. An Post refunded the money and held the then postmaster, Mr Neill Smith, liable, requiring him to repay the sum. Underwood was sentenced to three years imprisonment with the final 18 months suspended on 30 July 2019. She sought to withdraw an appeal against the severity of her sentence, but the Court of Appeal required her to present €750 to compensate Mr Smith. After the payment was produced, the appeal was withdrawn, allowing her to remain released from prison. Mr Smith, a 32‑year postmaster, expressed betrayal and health impact but received no apology. The case highlights breaches of trust against elderly pensioners.
John Conroy, 24, was convicted of 13 counts of dangerous driving and public endangerment after hijacking a car and leading a high‑speed chase through Galway city on 31 May 2016. He was found guilty by a jury at the Galway Circuit Criminal Court and sentenced to six‑and‑a‑half years' imprisonment, with the final year suspended. Conroy appealed his conviction, arguing that the car‑owner's out‑of‑court statement was inadmissible because the witness, Thomas Ackroyd, was under the influence of morphine when he made the statement and could only recall about 2 % of its contents. The Court of Appeal has reserved judgment on the appeal, which centres on whether the safeguards for admitting such statements were met. The appeal will be heard after the Court of Appeal's decision is announced. The case remains at the appeal stage.
Derek Lennon, 34, was jailed for four and a half years at Dublin Circuit Criminal Court after pleading guilty to two counts of threatening a witness, criminal damage to CCTV cameras, assault causing harm, production of a length of wood, and threatening to kill or cause serious harm on October 2 and November 13, 2018. The offences stemmed from a 2017 District Court road traffic prosecution where Lennon, found guilty of dangerous driving, was sentenced to 90 hours of community service and banned from driving for six years. Following an appeal regarding the severity of that sentence, Lennon allegedly intimidated State witness Niall Fitzgerald, who was too afraid to attend court. In November 2018, Lennon allegedly attacked Fitzgerald with a plank of wood and punched him, causing facial injuries and dental damage. Judge Martin Nolan imposed a substantial custodial sentence, noting Lennon's 72 previous convictions and his inability to reform. The sentence was backdated to when Lennon was first remanded in custody last November. Defense counsel highlighted Lennon's remorse and fixation on his driving ban, while the victim reported lasting trauma and diminished faith in the justice process.
A man has had his sentence increased following an appeal by the Director of Public Prosecutions on grounds of undue leniency. Aurelijus Kizelavicius, aged 23, of Knocktornagh, Castleblayney, Co Monaghan, pleaded guilty to rape and assault causing harm to a woman on 29 March 2015. The Central Criminal Court heard the woman had accepted a late-night lift from Kizelavicius after becoming stranded in Monaghan town. Upon reaching her home, he attacked her with repeated punches to the face before sexually assaulting her. Mr Justice Paul Butler originally imposed a five-year sentence with the final two years suspended in April 2018. The Court of Appeal today increased the custodial term to seven years with the final two suspended. Ms Justice Isobel Kennedy described the offence as a serious rape involving significant additional violence. She noted the victim sustained facial injuries and referenced adverse probation reports and disciplinary breaches in custody. The court also heard the man has agreed to participate in a sex offenders programme.
Darren Cusack, 47, of Crumlin, Dublin, was sentenced to eight and a half years in prison at Dublin Circuit Criminal Court after pleading guilty to possession of drugs for sale or supply and possession of three stun guns at Ballyfermot Drive on July 17, 2017. Prosecutors alleged he was part of a large-scale drug distribution hub where 188kg of cannabis and 2.9kg of cocaine were found. Judge Martin Nolan noted that while Cusack admitted to carrying boxes into the garage, evidence indicated he did not own the drugs or act as the chief organiser. The judge considered the Court of Criminal Appeal's recent decision to increase co-accused Stephen Sarsfield's sentence from seven to ten years for undue leniency, distinguishing Cusack's role as less significant because Sarsfield possessed the truck keys. A third co-accused, Mark O'Dwyer, was sentenced to five years in May 2018, with his case also subject to a Court of Criminal Appeal review on grounds of undue leniency. Cusack's defence highlighted his role as a father to an autistic child, but the court imposed the custodial sentence.
An unnamed 26-year-old man, who cannot be named to protect the victim's identity, received a fully suspended sentence at the Central Criminal Court following an appeal process. The appellant had previously been convicted of rape in 2016, a verdict quashed by the Court of Appeal in 2018 due to improper questioning regarding the complainant's contraceptive use. In the subsequent proceedings, he pleaded guilty to defilement of a child at his family address on October 4 and 5, 2014, while pleading not guilty to an alleged rape on the same dates. A jury acquitted him of the rape charge in July of this year. Mr Justice Paul McDermott sentenced the man to 15 months imprisonment, suspended in full for two years, conditional on his compliance with Probation Service directions. The judge also ordered that the man must not approach the victim or her family by any means. Although the man had served 24 months in custody following the initial trial, the court noted his late guilty plea, lack of prior convictions, and family circumstances as mitigating factors. The judge criticized the appellant for abusing the criminal justice process through persistent lying and subjecting the victim to extensive cross-examination. The matter was not adjourned; the sentence was finalized with the specified conditions and prohibitions.
A High Court judge warned activist Ben Gilroy that he could face imprisonment if he attempts to arrest employees or agents of Start Mortgages DAC. Justice Leonie Reynolds told Gilroy that such actions could lead to charges of assault and false imprisonment, and that he had been ordered not to arrest, restrain or assault any of Start's officers, agents, lawyers or employees. The judge also cautioned that Gilroy's videos, which he posted on social media and claimed to give legal advice, could mislead viewers. Gilroy, who represented himself, said he intended to appeal the ruling and that he believed he had the right to arrest those he thought had committed fraud. He also objected to the removal of his posts, citing freedom of speech. The court reiterated that any attempt to arrest people associated with Start could result in criminal charges and that Gilroy should report alleged fraud to the Gardaí, not act on his own.
In a long-running High Court action concerning the 1996 award of Ireland's second mobile phone licence to Esat Digifone, Mr Justice Senan Allen granted discovery orders in proceedings brought by Comcast International Holdings Inc, Ganley International Ltd, GCI Ltd, and businessman Declan Ganley. The plaintiffs, whose Cellstar consortium was an unsuccessful bidder, allege that the selection process was flawed and corrupted, seeking damages from the Minister for Public Enterprise, the State, Denis O'Brien, and Michael Lowry TD. The defendants deny these claims. The action, initiated in 2001, involved motions for the discovery of 22 categories of documents, including tender evaluations and communications. Defendants opposed the applications, arguing the requests were onerous and dated. In a detailed judgment, Mr Justice Allen noted the complexity of the case, exacerbated by prior Court of Appeal and Supreme Court decisions. He was satisfied to order the discovery of documents in most, but not all, of the requested categories. After delivering his decision, the judge adjourned the matter to allow the parties to consider his decision.
Two Dublin men wanted in Northern Ireland for the alleged attempted murder of a Police Service of Northern Ireland officer have failed in their latest legal challenge. Ciaran Maguire, aged 29, and Sean Paul Farrell, aged 32, face charges of attempted murder and possession of explosive substances with intent to endanger life, offences that carry potential life sentences if proven. The Court of Appeal dismissed their judicial review application on Friday. The men were arrested in County Donegal in June 2015 following the discovery of an improvised explosive device beneath a PSNI officer's vehicle in County Derry. They sought disclosure of custody records and samples taken during their detention at Letterkenny Garda Station. Ms Justice Isobel Kennedy ruled their arguments speculative and found no explicit obligation on gardaí to provide the material before extradition proceedings. The Minister for Justice indicated an application would be made for an extradition hearing date in mid-November.
In the Court of Appeal, state lawyers argued that the right to privacy is subordinate to the State's right to investigate crime, citing the €2m tiger kidnapping of the Richardson family. The case involves Mark Farrelly (48), David Byrne (46) and Niall Byrne (37), who pleaded not guilty to false imprisonment and robbery of Securicor. Farrelly, deemed the gang's mastermind, was sentenced to 17½ years; Byrne to 13½ years; Byrne to 10 years. Christopher Corcoran (72) received 12 years for scouting the kidnapping. The appeal, opened in January 2018, challenges the constitutionality of evidence gathered by Gardaí under 1993 legislation, now superseded by 2005 law. Counsel for the Director of Public Prosecutions contended that the breach did not affect evidence quality, as the same data would have been obtained under the newer law. The Court reserved judgment.