In 2019, Mark Farrelly (48), David Byrne (46) and Niall Byrne (37) appealed convictions for the 2005 tiger kidnapping of the Richardson family and the €2.08 million robbery of a Securicor cash‑in‑transit van. The original trial, the fifth time the case had been heard, found them guilty of false imprisonment and conspiracy to rob. Farrelly, deemed the mastermind, received 17½ years; Byrne, one of the kidnappers, 13½ years; and Byrne, the inside man, 10 years. Their appeal, lodged on 29 October 2019, argued that mobile‑phone data used by Gardaí was gathered under the 1993 legislation, which did not cover the type of data now available and had been superseded in 2005. Counsel contended the evidence was inadmissible, citing the 2015 Supreme Court case 'JC' and the pending 'Dwyer' case. The appeal was heard by the Court of Appeal, with the Director of Public Prosecutions set to reply the following day. Mark Farrelly pleaded not guilty.
In a High Court ruling on 25 October 2019, Mr Ronan Ryan was awarded the costs of his successful appeal against a repossession order by Tanager DAC over the house he shares with his wife, Pamela Flood, in Clontarf. The appeal arose after the Circuit Court had allowed Tanager to execute a possession order on the €900,000 property, despite Mr Ryan having obtained a protective certificate under the Personal Insolvency Act. Mr Ryan argued that the certificate gave him a period of protection from creditors, preventing the fund from taking possession or selling the home. Judge Garrett Simons set aside the Circuit Court's decision, held that the protective certificate applied, and ruled that Mr Ryan was entitled to the legal costs of the Circuit Court hearing and the High Court appeal. The costs were understood to be well into five figures.
Rosalind Barton, 49, of Barrduff, Killarney, pleaded guilty to possessing €139,000 worth of cannabis for sale or supply at Dromalour, Kanturk, Co Cork on 8 December 2017 and €8,000 worth of cocaine at her home on the same date. She claimed the drugs were sold to fund feeding of abandoned horses at her sanctuary. Barton was sentenced to six years' imprisonment, with the final two years suspended, by Judge Seán Ó Donnabháin on 10 January 2019. The Court of Appeal upheld the sentence. The court noted that gardaí observed two vans entering the side of the road outside Kanturk, from which black refuse bags containing the cannabis were taken. A follow‑up search of Barton's home revealed the cocaine. Barton admitted her role in the transactions and had no prior convictions. The appeal was dismissed with no error found in principle.
In 2016, Marcus O'Rourke (39) and Brian O'Sullivan (33) robbed the Waterville Post Office in County Kerry, pointing a firearm at postmistress Lisa O'Reilly Foran and using a crowbar. They stole €4,000–€5,000, broke a glass pane, and activated a panic alarm. Two Dutch tourists witnessed the event. After the robbery, the pair fled in a Mazda, driving at high speed on the narrow Ring of Kerry road, and later reversed into a Garda car, damaging it and endangering officers. Gardaí, believing the firearm was real, opened fire during the chase. Both men had prior convictions (43 for O'Rourke, 52 for O'Sullivan) but none of comparable gravity. They were sentenced to nine years' imprisonment, with the final two years suspended, and the sentence was upheld on appeal as appropriate for the seriousness of the offence. The nine‑year term was made consecutive to three‑year terms for separate drug offences. Marcus O'Rourke pleaded guilty. Brian O'Sullivan pleaded guilty.
A 38‑year‑old UK businessman was convicted of raping and sexually assaulting two girls aged 10 and 12 between December 2010 and March 2011. He was sentenced to 14 years' imprisonment, with the final two years suspended. The girls lived with their mother and siblings in the UK when the man entered their lives; the family later moved into his house and then to Louth. He showered the children with gifts and trips, and UK social services noted his daily control and grooming. The man denied the charges. He has now appealed, arguing that specialist Gardaí interviews of the child complainants were flawed, citing leading questions, possible contamination, and pre‑prepared letters. The Court of Appeal has reserved judgment on the appeal.
Paul Flaherty, 32, was convicted by a jury at the Central Criminal Court for sexually assaulting a woman he met on Tinder at his home in Tallaght on 31 August 2015. The victim had made it clear she was not interested in sexual contact, yet Flaherty forced her to remove her trousers, threatened to kill her and allegedly strangled and touched her genitals. He denied the charges, claiming the encounter was consensual role‑play and that the victim had initiated contact. The trial judge, Mr Justice Michael White, sentenced him to five years imprisonment, describing his behaviour as "disgusting". The Court of Appeal upheld the conviction but reduced the sentence to two‑and‑a‑half years imprisonment, noting the offence could not be described as a minor sexual assault. No prior sexual convictions were recorded for Flaherty. The appeal decision was made by Mr Justice George Birmingham, joined by Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy.
A man convicted of murdering a fellow Polish national in Letterkenny, Co Donegal has had his appeal against conviction dismissed by the Court of Appeal. Krzystof Grzegorski was found guilty of murdering Bogdan Michalkiewicz at Westside Apartments on May 13, 2013, and received a mandatory life sentence in 2016. The victim sustained 46 wounds to the head and face, along with 17 stab wounds to the abdomen, a throat laceration, and injuries to his tongue which a pathologist said were unexplained in her 28-year career. Grzegorski appealed on grounds that the trial judge failed to adequately recharge the jury on intoxication and his account of events. Ms Justice Aileen Donnelly, delivering judgment, found the trial judge had properly instructed the jury on the burden of proof and the presumption of intent. The appeal was dismissed.
The Court of Appeal overturned a High Court ruling that had barred a 59‑year‑old man from being tried for alleged sexual abuse of his two sisters between 1974 and 1985. The man had been charged with 17 counts of rape and sexual abuse, but claimed he was not living in the family home during the period and that he had lived with grandparents and another relative, all now deceased. He argued that the deaths of potential witnesses and his prior conviction for serious sexual offending would prejudice his right to a fair trial. The High Court had agreed, citing the lack of corroboration and the risk of a "swearing match" between the parties. The Court of Appeal found the man had not shown how the unavailability of witnesses would lead to an unfair trial and therefore allowed the appeal, granting a 14‑day stay pending a Supreme Court application.
A 25‑year‑old man, Adam Marlowe, was convicted of aggravated burglary, robbery of €50 and assault on an 81‑year‑old farmer in north Co Dublin. The conviction was based on DNA evidence recovered from a small piece of blue latex material found in the victim's bedroom, described as a fingertip of a latex glove. The DNA matched Marlowe's profile 93%, with the remaining 7% from two unknown persons. No gloves were found in the house and there was no evidence the perpetrators wore gloves. Marlowe appealed, arguing the trial judge failed to direct the jury to acquit and misdirected the weight of forensic evidence. The Court of Appeal upheld the conviction, stating the evidence was sufficient to link Marlowe to the crime. He was sentenced to 12 years' imprisonment, with a suspended portion of a previous sentence for violent disorder. The victim suffered bruising, a deep cut requiring stitches, and reported lasting trauma. Adam Marlowe pleaded not guilty.
A former soldier has withdrawn an appeal against a €150,000 damages award in the Court of Appeal following an assault on his former partner. Jonathan McSherry, formerly of Dublin, had challenged the High Court's assessment of damages for assault and battery. The attack occurred in December 2015 when McSherry assaulted the mother of his two children at her home, causing fractures to her skull, eye sockets and cheekbones. He subsequently served 22 months of a three-and-a-half-year custodial sentence imposed in Dublin Circuit Criminal Court. In the civil proceedings, McSherry accepted responsibility for causing extensive facial injuries to his former partner. The three-judge panel, comprising Mr Justice John Edwards, Ms Justice Isobel Kennedy and Ms Justice Aileen Donnelly, was informed of the withdrawal before the hearing commenced. Legal costs were awarded against McSherry following an application by counsel for the plaintiff.
A 27-year-old man from Letterkenny, County Donegal, has had his suspended sentence for violent disorder doubled by the Court of Appeal. Johnny McDonagh was convicted in Castlebar Circuit Court following a trial relating to an incident at his grandfather's funeral in Ballyhaunis, County Mayo on 16 June 2016. The court heard he had been sentenced to three years suspended in February 2019, but the trial judge had been mistaken about the sentence imposed on a co-accused. The Court of Appeal found this error had resulted in a manifestly inadequate sentence. The court quashed the original three-year suspended sentence and imposed a new six-year sentence, suspended for five years. The president of the Court of Appeal remarked that McDonagh now has a substantial suspended sentence and must avoid further trouble.
The High Court has ordered the extradition of Gerard Lagan, 35, to Northern Ireland in connection with the 2007 double murder of Edward Burns and Joseph Jones in Belfast. Lagan, of Dunleer, Co Louth, faces charges alleging he lured the victims from their homes via telephone calls to be killed. The prosecution case, based on circumstantial evidence including cell site data, suggests Lagan was an organiser of the events and enlisted the assistance of Declan Smith and Gerard Mackin. Mackin was previously convicted for Burns' murder in 2008, a conviction later quashed on appeal, while Smith was murdered in Dublin in 2014. Lagan opposed extradition citing delay, previous non-prosecution decisions, and alleged rights breaches regarding mobile phone data analysis. Mr Justice Tony Hunt rejected all grounds, finding that fresh PSNI investigations and telephone data superseded earlier decisions. The judge determined there was no evidence of inappropriate data retention or examination, though he noted it remained unclear why such evidence was not analysed before 2015. Despite Lagan's family circumstances, including children in Irish schools and his role as a registered carer, the court found the public interest in extradition outweighed these factors. Lagan's legal team indicated they would consider the judgment to determine next steps.
Paul Flaherty, 30, will await the Court of Appeal's decision on his five-year sentence for sexually assaulting a woman he met via Tinder. Flaherty was found guilty by a jury at the Central Criminal Court last December of sexually assaulting the victim at his home in Tallaght, Dublin, on August 31, 2015. During the appeal hearing, Michael O'Higgins SC argued that the trial judge should have assessed which specific offence was proved beyond reasonable doubt, noting that the prosecution failed to break down the acts into separate charges. Counsel stated that if Flaherty was only guilty of forcibly removing clothing, it would be a lower-end offence, whereas attempted strangulation would be more serious. He highlighted a "serious issue" regarding the jury's findings on attempted strangulation and genital touching. Conversely, Eilis Brennan SC for the DPP argued the trial judge was clear in sentencing, citing bruising on the victim's neck and her distressed state as evidence of a violent assault at the higher end of the scale. The trial judge, Mr Justice Michael White, had previously noted the victim clearly rejected sexual contact. President of the Court of Appeal Justice George Birmingham stated he would deliver the judgement on October 24. Consequently, the matter was adjourned until that date.
In a 2018 case, Judge Karen O'Connor sentenced Paul Goddard, 58, and Derek Naylor, 47, to four‑year suspended sentences for their roles as drug mules in a €147,498 cannabis operation. The DPP argued the sentences were too lenient, noting that both men were more than mere carriers; they transported drugs to other locations. Naylor, a taxi driver with no prior convictions, admitted a drug debt of €800 and was paid €300, while Goddard, who had four minor traffic convictions, admitted possession of amphetamine and cannabis and was paid €1,000. The DPP highlighted that Goddard faced a threat to his daughter's family and had a moderate risk of reoffending, whereas Naylor's risk was low. The Court of Appeal was asked to review the probation reports and related evidence.
In a case heard by the Court of Appeal, a Nigerian man, Prince Ajibola, aged 51, had his four‑year prison sentence upheld. He had been convicted of money laundering after €32,000 was transferred to his bank account by a financial institution following a fraud. Ajibola pleaded guilty on 26 March 2019 and was sentenced by Judge Pauline Codd on 29 May 2019 to four years in prison, with the final two years suspended. The appeal argued the sentence was excessive, noting that Ajibola had no role in the theft of the funds, which were placed in his account by a man named Kumar. The Court found no error in the judge's decision, citing Ajibola's prior convictions and the need for deterrence. The sentence was considered within the legitimate scope, with a 50 % effective discount applied for health and personal circumstances. The appeal was dismissed, leaving the original sentence in place.
In October 2019 the Court of Appeal upheld a 15‑year prison sentence that had been imposed on Joseph Hogan, a 66‑year‑old resident of Rose Court, Keyes Park, Limerick city, for the rape and sexual assault of his niece. Hogan had been convicted in 2015 on three counts of rape and one count of attempted rape, with an additional ten‑year term for three counts of sexual assault, all of which were to run concurrently. The offences occurred between 1984 and 1988 when the victim, Ms Sonya Stokes, was aged between seven and eleven. Hogan had pleaded not guilty to all counts. The appeal court found no error in the original sentencing and confirmed that the 15‑year term was within the appropriate range for the seriousness of the offences, given the victim's age and the breach of trust involved.
A visually impaired postman who was convicted of dangerous driving causing the death of an elderly pedestrian has had his conviction upheld by the Court of Appeal. Postman David Byrne (43) of Sunnyhill, Castlemartin Lodge, Kilcullen, Co Kildare, had pleaded not guilty to dangerous driving causing the death of Patricia Dunne (70) at Collins Avenue East, Killester in Dublin on October 16, 2015. He also pleaded not guilty to dishonestly inducing the National Driving Licence Service (NDLS) to issue him with a driving licence and making a false or misleading statement while taking out insurance. He was found guilty by a jury on all three counts and sentenced to five years imprisonment by Judge Patricia Ryan on May 11, 2018. During the trial, the court heard that Ms Dunne had been walking home pulling a shopping trolley when she was struck by Byrne's car. Byrne has Type 2 Usher Syndrome, a degenerative eye disorder resulting in peripheral vision loss. The Court of Appeal rejected all grounds of appeal, including the claim that Byrne should have been charged with a lesser offence. The court upheld that Byrne ticked a box on his licence application stating that he did not have any condition affecting his peripheral vision, thereby making a gain by deception. The matter was adjourned, with Mr Justice Birmingham presiding, along with Ms Justice Maire Whelan and Ms Justice Isobel Kennedy, to hear an appeal relating to the length of Byrne's sentence in November.
Stephen Sarsfield, 39, of New Street Gardens, Dublin 8, pleaded guilty to possessing €4,170,932 of cannabis and heroin for sale or supply at an address on Ballyfermot Drive on 17 July 2017. He had four minor previous convictions. The Court of Appeal increased his original seven‑year sentence to ten years. The appeal court found the original sentence unduly lenient given the "enormous scale of the activity". Sarsfield was caught with 300 times the amount of drugs required for a minimum sentence of ten years. He had an early guilty plea but offered no material assistance. The Court of Appeal set the term at ten years, noting that a longer sentence could be justified but the minimum was deemed appropriate in this case. The decision was delivered by Mr Justice George Birmingham, with Ms Justice Maire Whelan and Mr Justice Pat McCarthy.
In 2015 a 38‑year‑old man raped his wife at their Dublin home. He was convicted at the Central Criminal Court and originally sentenced to five years' imprisonment with two years suspended. The Court of Appeal found the sentence too lenient and increased it to seven‑and‑a‑half years with two years suspended. The judge noted the offence was aggravated by a breach of trust and the victim's fear and humiliation. The wife had pleaded for clemency, arguing that imprisonment would add to her suffering, but the Court of Appeal considered the crime an attack on society and set the headline sentence at seven‑and‑a‑half years, suspending the final two years as before. The decision was delivered by Justice Isobel Kennedy, Justice George Birmingham and Justice John Edwards.
Gavin Sheehan, aged 31, was convicted on 15 May 2016 of possessing a firearm and ammunition, recklessly discharging a firearm, and assault causing serious harm to Ciara Sheehan, a woman who was not related to him. The offence involved firing a handgun through a house window in Cork city, striking Ciara in the neck. Sheehan received a 14‑year prison sentence, with the final three years suspended, imposed by Judge Seán Ó Donnabháin on 14 February 2017. He has now applied to appeal the sentence. In the appeal, Patrick McGrath SC argued that the case relied on circumstantial evidence and that forensic evidence linking the bullet to the firearm was lacking. He highlighted that the bullet casing was found several houses away, that CCTV and 999 call times conflicted, and that some video evidence was of poor quality. The Court of Appeal, presided over by Mr Justice John Edwards, has reserved its judgment.
Martin Conroy, aged 45, has failed in his appeal against a sentence imposed by Castlebar Circuit Court in June 2018. Judge Seán Ó Donnabháin sentenced Conroy to five years imprisonment, with the final 18 months suspended on condition of residential treatment for alcohol addiction, following his conviction for burglary. A further charge of impersonating a garda was taken into consideration. The offence occurred on 12 December 2017 when Conroy broke into a home in Castlebar, County Mayo, and falsely identified himself as a garda to the elderly householder. He fled when asked to produce identification and was subsequently located by gardaí. Conroy pleaded guilty and made full admissions. His legal team argued the sentence was excessive, citing lack of premeditation and his acting alone. However, the Court of Appeal, presided over by Mr Justice John Edwards, upheld the original sentence, finding it not disproportionate given Conroy's 50 previous convictions and the psychological impact on the victim.
Vincent O'Donoghue, a former solicitor, was refused an extension of time to appeal his conviction for fraudulently converting cheques. The Court of Appeal, presided over by Mr Justice George Birmingham with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, denied the application. O'Donoghue had previously pleaded guilty to converting cheques totalling IR£34,828 (€44,231) intended as property deposits in Dublin and Belfast in the late 1990s. He was sentenced in July 2014 by Judge Mary Ellen Ring to 220 hours of community service in lieu of a two-year prison term. The judges noted that O'Donoghue, a former solicitor, entered his guilty plea while represented by legal counsel and had sworn affidavits that failed to demonstrate any substantive point for appeal. The court emphasized that finality and certainty are important litigation objectives, concluding that the interests of justice would not be served by granting more time. The matter was adjourned regarding the extension request, which was refused, leaving the original conviction and sentence intact.
The Court of Appeal has doubled the jail term for Alan Curtis, who was convicted of intentionally or recklessly causing serious harm to 16-year-old David McClelland in Crumlin, Dublin, in March 2014. Curtis, of Kimmage, had pleaded not guilty to the charge, claiming self-defence after youths damaged his car outside his mother's home. However, a jury at Dublin Circuit Criminal Court found him guilty, noting that he followed McClelland and struck him with a hurley in an act of revenge rather than defence. McClelland suffered a depressed skull fracture requiring emergency surgery and rehabilitation. The Director of Public Prosecutions successfully sought a review of the original sentence, arguing it was unduly lenient. The original sentence of four years imprisonment, with the final two years suspended, was replaced by a re-sentencing of five years imprisonment, with the final 12 months suspended. In delivering the judgment, Mr Justice Patrick McCarthy, sitting with President George Birmingham and Ms Justice Isobel Kennedy, stated that no one can take the law into their own hands. The court emphasized that the proper response to the incident would have been to speak peacefully to the youths or contact the gardaí, rather than engaging in physical retaliation.
In 2017, Mark O'Sullivan, 29, struck David Kirwan with a single punch to the back of the head near James Everett Park, Bray. Kirwan suffered catastrophic injuries, including brain damage, seizures, memory loss and hearing loss, and was in a medically‑induced coma for days. O'Sullivan pleaded guilty to assault causing serious harm. The Wicklow Circuit Criminal Court sentenced him to seven years' imprisonment, suspending the final two‑and‑a‑half years, after describing the assault as unprovoked, cowardly, vicious and violent. The Court of Appeal later reduced the net term to two years and three months, citing mitigating factors such as O'Sullivan's community service and the fact that he had no prior convictions. The appeal judge noted O'Sullivan's remorse and his actions after the assault, including calling an ambulance and keeping Kirwan in the recovery position.
Slawomir Gierlowski, 34, of Drimnagh, Dublin, has a partially suspended 22.5‑year prison term for random attacks on women in Clondalkin between 2015 and 2011. He is appealing those convictions and the severity of the sentence. In May 2018 he was convicted of sexual assault, attempted rape and assault causing harm for a 2010 attack in the city centre. At a July hearing, Judge Micheal White noted that the appeal was still pending and that any sentence for the 2010 attack would be consecutive to the term he is currently serving, subject to the principle of totality. The court adjourned finalising the 2010 sentence to March 2 next year, pending the outcome of the appeal. The 2010 case involved a woman who was assaulted and attempted to be raped in the courtyard of her apartment block at 3 am. DNA evidence linked Gierlowski to the attack.
A family in Co Roscommon has been ordered by the High Court to vacate their home near Strokestown within one month. Mr Justice Senan Allen ruled on Friday that KBC bank is entitled to an injunction requiring siblings Michael Anthony, David, and Geraldine McGann to leave their property at Falsk. The judge found the defendants have no legal entitlement to remain and are trespassers, having lost a possession order obtained by the bank in 2012. The family must vacate by noon on 12 November. The case stems from a controversial eviction attempt in December last year when the property was repossessed following loan arrears exceeding €431,000. The McGanns subsequently re-entered and occupied the property. Their legal representatives indicated an intention to appeal the decision to the Court of Appeal and requested a stay on the vacation order, which the judge partially granted to allow time for alternative accommodation.
A lay litigant with addresses in County Mayo attempted to effect a citizen's arrest on a High Court judge, a solicitor and a barrister at the Four Courts on Thursday. Stephen Manning, who was before the court in judicial review proceedings relating to his conviction and subsequent incarceration in May 2017, made the request during a hearing before Mr Justice Michael MacGrath. Mr Manning sought to have the parties accompany him to a Garda station, citing grounds including perverting the course of justice. The judge had previously dismissed an application for his recusal from the substantive case. When the hearing resumed on Thursday to address a procedural matter regarding potential appeal to the Court of Appeal, Mr Manning raised the issue. Mr Justice MacGrath indicated the case was listed for a specific purpose and rose from the bench to allow other proceedings to continue. Members of An Garda Síochána present in court declined to detain any of the parties. Mr Manning subsequently left the courtroom.
Two Dublin men sought by Northern Irish authorities for the alleged attempted murder of a PSNI officer and possession of explosives with intent to endanger life have brought legal challenges regarding access to detention records. Ciaran Maguire, aged 29, and Sean Paul Farrell, aged 32, were arrested in County Donegal in 2015 in connection with an improvised explosive device discovered beneath a police officer's vehicle in County Derry on June 18, 2015. Both face potential life imprisonment if convicted. Their legal representatives sought judicial review at the Court of Appeal in Dublin, challenging the High Court's earlier refusal to grant access to custody records, statements, and samples obtained during their detention at Letterkenny Garda Station. Counsel argued their clients required such material to resist extradition proceedings. The Court of Appeal, presided over by Mr Justice George Birmingham, reserved judgment on the matter.
A 69‑year‑old man was convicted by a Central Criminal Court jury of indecently assaulting and raping his grandson from 2004 to 2015, when the boy was aged between four and fifteen. He also pleaded guilty to indecently assaulting three of his daughters, attempting to rape one and raping another between 1981 and 1987, when the girls were aged nine to fourteen. Mr Justice Patrick McCarthy sentenced him to a total of 20 years in prison, with some consecutive sentences, describing the offences as a "grim catalogue" of abuse across two generations. The man has moved to appeal the sentence in the Court of Appeal, where judgment is reserved.
Molly Sloyan, 26, from Kinsale, was sentenced to 10 years' imprisonment with the final three years suspended for her role in a cocaine "factory" operation in Bantry. The Court of Appeal found the headline tariff too high, reducing it to seven years, then to five years after mitigating factors. Sloyan admitted to renting a house, hiring a car and buying chemicals used in extracting cocaine from imported fabric, but she was not involved in the extraction itself. She was not the mastermind or top of the hierarchy, though she provided logistical support and was fully aware of the operation. The Court noted her lack of prior convictions, early guilty plea, cooperation with Gardaí, and a psychological report detailing life adversities. A suspended 18‑month period was imposed, and she must fully cooperate with probation services for two years. The decision was made by Mr Justice John Edwards, Mr Justice Patrick McCarthy, and Ms Justice Isobel Kennedy.
Anthony Cassidy, 34, was convicted of raping and seriously assaulting a woman in her 50s in Carlow on 25 June 2017. CCTV captured his movements to and from the site where the victim was found unconscious 12 hours later, but did not record the assault itself, which is said to have lasted about 30 minutes. Cassidy pleaded guilty to rape and assault causing serious harm, and had 34 prior convictions, including soliciting sex in the UK and two assaults in Ireland. Mr Justice Patrick McCarthy sentenced him to 18 years' imprisonment, noting that a life sentence would have been imposed had Cassidy not pleaded guilty and shown "genuine remorse". The Court of Appeal upheld the sentence, with Mr Justice Michael Peart affirming that the offence was of the most serious type and that the judge's decision to reduce a potential life sentence to 18 years was correct. The appeal was dismissed.
Slawomir Gierlowski, 34, already serving a long prison term for random attacks on women, has had his sentencing for an attempted rape adjourned to October 11. The case concerns an assault on a woman who was returning home at about 3 a.m. after a night out; Gierlowski attacked her in the courtyard of her apartment block and attempted to rape her. DNA evidence linked semen found on the victim's skirt to Gierlowski, matching profiles from earlier investigations in Clondalkin and the city centre. The Central Criminal Court heard that the victim declined to give a victim impact statement. Prosecutor Ann Rowland SC said the Director of Public Prosecutions seeks an adjournment until Gierlowski's other convictions are heard on appeal. Defending counsel Orla Crowe SC maintained his client's innocence and noted that his other convictions and sentences are under appeal. The hearing was adjourned by Mr Justice Micheal White to allow the application for the adjournment to be considered.
The Court of Appeal upheld the High Court's injunctions that allowed two Leaving Certificate students, expelled for recording and posting a classmate snorting white powder, to return to school. The injunctions, granted by Mr Justice Max Barrett, were part of the students' High Court action to challenge the expulsion. The appeal court, consisting of Mr Justice George Birmingham, Ms Justice Maura Whelan and Ms Justice Caroline Costello, found Mr Justice Barrett's approach correct and agreed that the expulsion was irrational. The students had also appealed to the Department of Education, where a Section 29 Committee reversed one boy's expulsion but upheld the other's. The Court of Appeal noted that the High Court's intervention was limited to the period until the full determination of the case, either by a judge or through the appeals process. The students argued the expulsions breached fair procedures, were disproportionate and flawed.
The Special Criminal Court has acquitted Darren Weldon of membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA on October 14, 2014. Weldon, who pleaded not guilty, was previously convicted of the same offence in January 2017 and sentenced to five years imprisonment with the final year suspended. That conviction was overturned by the Court of Appeal in June 2018, resulting in the current retrial. The prosecution's case relied primarily on the belief evidence of Detective Chief Superintendent Anthony Howard, supported by alleged independent strands including a DNA match to a number plate from the 2010 Newry courthouse bombing, an image of Alan Ryan on Weldon's phone, and adverse inferences from interviews. The court found that the integrity of the number plate was not properly preserved, rendering the DNA evidence unreliable. It also could not draw inferences regarding the phone image or the interviews, as the solicitor's objections to the arrest's lawfulness were reasonable. Consequently, the court found the belief evidence unsupported by independent evidence and acquitted Weldon. This decision follows the procedural stage of an appeal that overturned the prior conviction.
Martin Sherlock, a 31-year-old man from Navan, Co Meath, has lost his appeal against a rape conviction. The Court of Appeal dismissed his argument that judges are mandatorily required to warn juries about an accused's 'previous good character.' Sherlock had pleaded not guilty to raping a woman at her Dublin home on August 14, 2015, claiming the sex was consensual, though he admitted hearing 'no.' He pleaded guilty to stealing her mobile phone. A Central Criminal Court jury found him guilty of rape, and he was sentenced to five years' imprisonment by Mr Justice Patrick McCarthy in July 2018. In the appeal, President of the Court of Appeal, Mr Justice George Birmingham, stated there is no empirical evidence that a person without previous convictions is more likely to tell the truth. He noted that while defence counsel can argue enhanced credibility or lack of propensity to offend, this does not necessitate a mandatory judicial warning. The court highlighted that Sherlock admitted lying to the victim and stealing her phone, actions inconsistent with 'good character.' The panel, including Ms Justice Isobel Kennedy and Ms Justice Aileen Donnelly, concluded that adopting such a mandatory requirement would create difficulties and is not supported by Irish legal authority. Consequently, the appeal was dismissed, and the original conviction and sentence stand.
The Court of Appeal has dismissed the appeal of Paul Flaherty, upholding his conviction for sexually assaulting a woman he met via Tinder. Flaherty, 31, was found guilty by a jury at the Central Criminal Court of sexually assaulting the complainant at his home in Tallaght, Dublin, on August 31, 2015. He was sentenced to five years' imprisonment by Mr Justice Michael White, who described Flaherty's behaviour as "disgusting" and noted that he ignored the victim's clear lack of interest in sexual contact. Flaherty, who denied the charge, alleged the encounter was consensual and that he was engaging in role-play at the victim's suggestion. His counsel, Michael O'Higgins SC, argued the trial should have been halted due to investigative delays and issues regarding the complainant's credibility, and that the jury's verdict was perverse. However, President of the Court of Appeal, Mr Justice George Birmingham, sitting with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, rejected these submissions. The court held that the trial judge was correct in refusing to stop the proceedings and that credibility assessments were matters for the jury. The panel found no evidence that the verdict was unsafe or that the trial was unsatisfactory, noting that differing outcomes on various counts did not indicate jury confusion. Consequently, the appeal was dismissed and the original conviction stands.
Adam Marlowe, a convicted person, appeared before the Court of Appeal regarding his conviction for aggravated burglary, robbery of €50, and assaulting Malachy Turley at a home in rural north Co Dublin on July 29, 2016. Marlowe had pleaded not guilty but was found guilty by a jury at Dublin Circuit Criminal Court and sentenced to 12 years imprisonment. His legal team argued that the DNA evidence linking him to the crime was insufficient, claiming the jury speculated on the origin of a 93% DNA match found on a blue latex glove fingertip. Prosecutors countered that the evidence was overwhelming and the trial judge properly directed the jury. The court, comprising Mr Justice John Edwards, Ms Justice Isobel Kennedy, and Ms Justice Aileen Donnelly, reserved its judgment. Consequently, the matter was adjourned, and Marlowe must wait to hear the outcome of his appeal. At the time of the offence, Marlowe was on bail for two district court offences and serving the suspended portion of a sentence for violent disorder. The victim, an 81-year-old farmer, suffered bruising and a deep cut requiring stitches, describing the incident as traumatic.
Juraci Da Silva, a 36‑year‑old Brazilian butcher, was found not guilty of murder but guilty of manslaughter for killing James 'Jay' Banville in Waterford on 8 October 2016. Da Silva had been assaulted twice that evening by Banville and a friend, the first assault accompanied by racial remarks and the second by sexual comments. After the second assault, Da Silva, armed with a knife, pursued the men and stabbed Banville in the heart. The Central Criminal Court sentenced him to eight years' imprisonment, citing his knowledge of knife dangers from his occupation. The Court of Appeal upheld the sentence, noting the substantial provocation and mitigating factors, and rejected Da Silva's appeal. The case concluded with Da Silva's eight‑year term confirmed.
The Court of Appeal has reduced the sentence of Martin Wanden, who was found guilty of his role in the €440 million drugs haul that went awry at Dunlough Bay, West Cork, in 2007. Wanden, who pleaded not guilty, was originally sentenced to 30 years imprisonment by Cork Circuit Criminal Court. His appeal, arguing the sentence was "crushing" and disproportionate, was successful. The court re-sentenced him to 23 years, noting mitigating factors including the tragic death of his wife and his status as a foreigner. The court found him "majorly involved" at an operational level, referencing his prior 2005 conviction for smuggling drugs in France. In related appeals, Perry Wharrie's original 30-year sentence was previously reduced to 17.5 years by the Court of Criminal Appeal, though the Supreme Court later ruled this reduction was legally incorrect. Joe Daly's 25-year sentence was upheld on appeal. A fourth defendant, Gerard Hagan, who pleaded guilty to possession of cocaine for sale or supply, received a 10-year sentence. The appeals highlighted the severity of the original sentences, which were among the longest ever imposed for drugs offences in Ireland.
In a 2019 decision, the Court of Appeal struck out appeals filed by Portuguese companies against a €1 million damages award granted to workers who claimed they were underpaid and lived in a "work camp" while building part of the N7 motorway. The High Court had awarded the workers damages and legal costs, and the companies—Rosas Construtores SA, Constructocoes Gabriel AS Couto SA and Empresa Deconstrucoes Amandio Carvalho SA—had appealed. The three‑judge panel, led by Justice Michael Peart, Justice Marie Baker and Justice Caroline Costello, found the appeals to be an abuse of process aimed at delaying payment. Justice Costello noted that the employers' conduct was "extremely serious and persistent" and that the appeals would add further years of delay. The court therefore dismissed all appeals, leaving the employers liable to pay the compensation and legal costs. The employers announced plans to appeal the decision to the Supreme Court.
A 40-year-old man from County Mayo has had his conviction for rape upheld following an appeal to the Court of Appeal. He was originally sentenced to nine years imprisonment after being convicted on two counts of anal rape against his wife at their home on 18 December 2015. The jury had acquitted him on four other counts relating to earlier dates in 2015. During the trial at the Central Criminal Court, the woman gave evidence describing how her husband arrived home intoxicated and subsequently assaulted her twice that night. The man had maintained all sexual contact was consensual. On appeal, the defence challenged the trial's conduct and the safety of the conviction, particularly regarding corroboration warnings given to the jury. The Court of Appeal, presided over by Mr Justice George Birmingham, found the jury's verdicts well-justified and determined the trial was conducted fairly. The court dismissed the appeal, finding no grounds to consider the conviction unsafe.
A 55‑year‑old Dublin man, who cannot be named for legal reasons, was convicted by a Central Criminal Court jury of three counts of sexually assaulting his heavily‑pregnant partner in November 2014. The jury could not reach a verdict on two additional rape allegations from December 2014, but he was later found guilty of those charges at a retrial. He was sentenced to seven‑and‑a‑half years' imprisonment, with the final two‑and‑a‑half years suspended for the sexual assaults. The judge described his conduct as "sneaky, underhand and clandestine" and noted the victim, a 40‑year‑old mother of their child, was eight months pregnant and felt "humiliated, embarrassed and degraded" when the assault videos were played in court. The Court of Appeal upheld the conviction and dismissed the appeal, finding the trial judge's interventions fair and justified. The appeal concerning the two rape counts remains pending.
In a Dublin case, a 38‑year‑old man was convicted of raping and sexually assaulting his wife at their home on 30 August 2015. He denied the charges but accepted the jury's verdict and apologized to his wife in court. The wife, who had lived in fear of her husband's violence, later wrote a letter to the sentencing judge forgiving him and expressing regret for bringing the case against him. Judge Paul Coffey sentenced the man to five years' imprisonment, suspending the final two years on account of the wife's plea for clemency. The Director of Public Prosecutions is seeking a review of the three‑year jail term, arguing it is unduly lenient, and the man is appealing the severity of his sentence on the basis that the case is exceptional. The Court of Appeal has reserved its judgement on both proceedings.
Christopher Black, 27, pleaded guilty to two robberies and heroin possession in Dublin in late 2016 and early 2017. Judge Martin Nolan sentenced him to consecutive terms totalling four‑and‑a‑half years on 6 December 2017. Black's appeal against the severity of that sentence was dismissed by the Court of Appeal. Justice Aileen Donnelly, sitting with Justices George Birmingham and Patrick McCarthy, held that the sentence was not excessive. Donnelly recounted Black's offences: a 2016 robbery of a 65‑year‑old shopkeeper on Glasnaon Road, a drug‑related incident on Amiens Street where he was found with 27 g of heroin, and a 2016 ATM robbery of an 18‑year‑old woman on Camden Street while holding a syringe. She noted Black's 55 prior convictions and long‑standing substance abuse, but said rehabilitation was not a sufficient reason for a suspended portion. The appeal was therefore dismissed.
The Court of Appeal has increased the effective custody period for Roger Ryan, a defendant with over 90 previous convictions, including a prior rape conviction. Ryan was originally sentenced in Clonmel Circuit Criminal Court to seven years' imprisonment for three offences, with the final two years suspended. Additionally, Limerick Circuit Criminal Court imposed a wholly suspended three-year sentence for a robbery at Fine Wines, which was ordered to be consecutive as the crime occurred while he was on bail. The Director of Public Prosecutions appealed the Limerick sentence as unduly lenient, while Ryan's legal team challenged the severity of the Clonmel sentence. President Mr Justice Birmingham, sitting with Ms Justice Donnelly and Mr Justice McCarthy, found the Clonmel sentence overly severe given Ryan's history and the reality of the suspended portion. Conversely, the court determined the Limerick judge erred by suspending that sentence entirely. The court re-sentenced Ryan to six years' imprisonment for the Clonmel offences, with the final two years suspended. For the Limerick robbery, he received a consecutive three-year sentence with the final 18 months suspended. This intervention resulted in an additional six months of effective custody. Ryan was required to enter a good behaviour bond for the suspended periods. The court noted his adverse background and institutionalisation but acknowledged his positive conduct in custody.
In the appeal of Michael McDonald, a 56‑year‑old alcoholic who murdered his ex‑girlfriend Breda Cummins in 2010, the Court of Appeal was presented with an argument that alcohol dependence could diminish responsibility for murder. McDonald admitted stabbing Cummins six times but denied murder, and the defence claimed his responsibility was reduced by schizoaffective disorder. The jury rejected this and convicted him of murder, sentencing him to mandatory life imprisonment. On appeal, barrister Michael Lynn SC argued that both prosecution and defence psychiatric experts agreed McDonald suffered from alcoholism or alcohol dependence syndrome, yet the condition was excluded from the Criminal Justice (Insanity) Act 2006. Lynn contended this exclusion deprived McDonald of a significant defence and caused a fundamental injustice. Director of Public Prosecutions counsel Orla Crowe SC countered that the experts agreed the condition did not fall within the statute and that no evidence linked alcoholism to the murder.
The Supreme Court dismissed an appeal by a man, whose identity is withheld for legal reasons, who had been deported to Jordan in 2016 on security grounds linked to alleged involvement with ISIL, ISIS, Daesh or the Islamic State of Iraq and the Levant. He had previously sought to set aside the deportation order, compel the Minister to accept his asylum application, and claim that he did not need the Minister's consent to apply under the 1996 Refugee Act. The High Court in 2016 dismissed his challenge to the deportation and the Minister's refusal to consider his asylum application in 2015. The Court of Appeal upheld those decisions in 2018. The Supreme Court, hearing the appeal on Tuesday, ruled that the man's arguments constituted an impermissible collateral attack on earlier procedural steps and that the appeal was dismissed, leaving the lower courts' decisions intact.
Molly Sloyan, 26, from Kinsale, Co Cork, had her 10‑year prison sentence for participation in a cocaine "factory" cut in half by the Court of Appeal. She had pleaded guilty at Cork Circuit Criminal Court to possession of cocaine for sale or supply at Seascape, Dromleigh, Bantry, on 26 November 2017. The original sentence, imposed by Judge Seán Ó Donnabháin, was 10 years with the final three years suspended, after the court described the operation as a sophisticated system of extracting cocaine from fabric imported from Brazil. Sloyan admitted renting a house on Airbnb, hiring a car and buying chemicals used in the extraction. The Court of Appeal found the headline sentence "simply too high" and re‑sentenced her to five years with the final 18 months suspended.
Wesley Purse, a 41‑year‑old Welshman, was found cultivating 112 cannabis plants in County Tipperary while he was supposed to be serving a 12‑year sentence in the UK. He pleaded guilty to possession and cultivation of €42,000 worth of cannabis at Rossadrehid on 3 May 2017. The Clonmel Circuit Criminal Court sentenced him to five years' imprisonment on 29 June 2018, a sentence upheld by the Court of Appeal on 22 July 2019. In the appeal hearing, Justice Máire Whelan noted that Purse had initially given a false name to Gardaí and claimed coercion by a gang in Cork, but the claim was undermined by the fact that the name was an alias he used elsewhere. She highlighted that Purse had 92 prior convictions, including 13 drug offences, and that he committed the offence while he was supposed to be in prison in the UK.
A 75‑year‑old man, Christopher Redmond of Finglas, had his 2018 conviction for raping his granddaughter quashed after a new medical report found he suffered from a severe form of dementia with no prospect of recovery. The Court of Appeal considered that the earlier report, which had only noted a mild cognitive impairment, did not raise any doubt about his fitness to stand trial at the time of the original trial. Redmond had pleaded not guilty to four counts of rape and five counts of sexual assault between 2002 and 2004. He was sentenced to five years' imprisonment by Ms Justice Úna Ní Raifeartaigh, who had reduced the headline sentence because of his progressive cognitive impairments. The appeal was allowed, and no further order was made. The victim, Leanne Murphy, aged seven to nine when abused, expressed her shock and disappointment with the outcome.