Patrick McMorrow, aged 51, of Caltragh Crescent, Sligo, has failed in his appeal against a ten-year sentence imposed for a knife attack at the Crozon Inn in October 2016. McMorrow pleaded guilty to assault causing serious harm to two victims following an altercation at a post-funeral gathering. The Court of Appeal, presided over by Mr Justice George Birmingham, upheld the sentence handed down by Judge Keenan Johnson in June 2018, with the final two years suspended. One victim was stabbed five times and required intensive care treatment, whilst the second suffered a collapsed lung. The appeal court rejected submissions that the sentencing judge had placed excessive emphasis on deterrence when referencing local knife crime prevalence. Mr Justice Birmingham stated there was nothing improper in the trial judge's remarks concerning the frequency of such offences or the expectation of severe penalties.
Christina Joyce, 31, was found guilty of endangering Garda Thomas Gallagher and assaulting him on 9 April 2018 at Macken Villas, Grand Canal Dock. She also pleaded guilty to two counts of trespass, damaging a wall and a car. Judge Martin Nolan sentenced her to four‑and‑a‑half years' imprisonment on 19 July 2018, a sentence upheld by the Court of Appeal. The appeal was dismissed by a three‑judge panel headed by Ms Justice Aileen Donnelly. The court noted that Joyce, while high on crack cocaine, drove her Volvo at speed, failed to stop when signalled, and fled after a confrontation with the garda. She had a history of 67 convictions, including 14 public‑order offences and 13 theft or fraud offences. The appeal was rejected, leaving the original sentence in place.
The Court of Appeal has reserved judgment on the appeals of five individuals convicted by the Special Criminal Court for their involvement in an IRA inquiry at Riverwood Park, Castleknock, Dublin 15, on August 7th and 8th, 2015. Kevin Hannaway (71) and Eva Shannon (61), both of Belfast, were sentenced to 45 months and 48 months imprisonment respectively for assisting the interviewing of persons involved in IRA-organised criminal activities. Seán Hannaway (48) received five years and six months, David Nooney (53) three years and nine months, and Edward O'Brien (42) 16 months, all for membership of an unlawful organisation styling itself the IRA. All five defendants, who had denied the charges, are appealing their convictions. DPP counsel Anne-Marie Lawlor SC argued that covert audio recordings were authentic evidence, rejecting defence claims that they were fabricated by Garda HQ. She contended the Special Criminal Court erred in ruling that gardaí breached the Criminal Justice (Surveillance) Act 2009, stating such issues went to the weight of evidence rather than admissibility. Defence counsel highlighted gaps in surveillance coverage and alleged statutory breaches regarding the handling of the recordings. The bench, comprising Mr Justice George Birmingham, Mr Justice John Edwards, and Mr Justice Patrick McCarthy, heard submissions before reserving judgment.
In 2017, Egyptian national Mohamed Okda, aged 33, was convicted of two counts of rape and one count of sexual assault after a 2014 incident in Dublin. He received an 11‑year sentence with the final year suspended. The Court of Appeal quashed the conviction on 18 July 2019, ordering a retrial because the trial judge failed to instruct the jury on the presumption of innocence. Justice John Edwards noted that the omission was a fatal flaw rendering the trial unsatisfactory. Okda was remanded in custody pending the retrial. The victim, a married mother visiting Dublin with friends, was found drunk and lost, and after Okda offered help she was taken to his flat where the assault occurred. She fled the flat, was rescued by a taxi driver, and reported the incident to Gardaí. The case remains pending retrial. Mohamed Okda pleaded not guilty.
In a 2019 Court of Appeal hearing, the appeal was made that the voices heard on a covert audio recording of an IRA "inquiry" should not have been attributed to the five men and one woman on trial for assisting the IRA. Kevin Hannaway, one of the "hooded men", was among those jailed for participating in an IRA interrogation of suspected informants at a Dublin house. The gardaí had installed listening devices and used the recordings to arrest and convict the defendants. The appeal argued that the audio was of poor quality and that the prosecution's attempt to attribute voices to the accused was improper, as the evidence was not disclosed to the defence early enough. The hearing continued before the Court of Appeal judges, with counsel for the defendants challenging the reliance on a Chief Superintendent's belief that they were IRA members.
In a 2019 decision, Ms Justice Marie Baker upheld a High Court ruling that a Garda officer was not required to offer a choice of language for breathalyser statements. The case involved Westmeath man Gerard Maher, who was arrested in 2015 for driving with excess alcohol. Maher's lawyers argued that he had a right to be informed that the breathalyser could print statements in Irish or English, and that the absence of such a choice made the statement inadmissible. The High Court found no obligation for the Garda to provide a language choice and that Maher, an English speaker, suffered no detriment. Justice Baker described the arguments as technical and noted that the conviction for driving while intoxicated carries significant consequences. The Court of Appeal agreed with her decision.
A 50‑year‑old Dublin man was convicted of raping his 14‑year‑old niece twice between 1 January 2012 and 1 April 2013. He pleaded not guilty, but a jury found him guilty and he was sentenced to nine years' imprisonment, with the final year suspended, by Mr Justice Paul McDermott on 31 July 2017. On 16 July 2019 the Court of Appeal, presided over by Mr Justice George Birmingham, upheld the conviction and dismissed the appeal. Mr Justice Birmingham said the defence had failed to present any arguments that could succeed, noting that the complainant could not identify the accused as the rapist. He also rejected the defence's attempt to cross‑examine the victim about her prior sexual history, describing it as contrived and lacking reality. No grounds for appeal were found, and the conviction was affirmed.
Kevin Hannaway, Eva Shannon, Seán Hannaway, David Nooney, and Edward O'Brien have appealed their convictions for roles in an IRA inquiry. The group was convicted at the Special Criminal Court in June 2018 for assisting interrogations of suspected informants at Riverwood Park, Castleknock, on August 7th and 8th, 2015. Kevin Hannaway (71) and Eva Shannon (61) were sentenced to three years and nine months and four years imprisonment respectively for rendering assistance to an unlawful organisation. Seán Hannaway (48) received five years and six months, David Nooney (53) three years and nine months, and Edward O'Brien (42) 16 months for membership of the IRA. Counsel Ronan Munro SC argued that the sole evidence against Kevin Hannaway was an audio recording, challenging its admissibility due to surveillance gaps and alleged breaches of the Criminal Justice (Surveillance) Act 2009. He noted Hannaway's request to leave the courtroom during playback due to trauma from 1971 detention. Counsel Vincent Heneghan SC contended that Eva Shannon's charge regarding an 'unlawful object' was unclear, though President George Birmingham described the charge as clear and unambiguous. The three-day appeal hearing continues and is expected to conclude on Thursday.
A 32-year-old man, Richard McLaughlin, who was found not guilty by reason of insanity of the murder of Jimmy 'James' Loughlin (20) in Sligo on February 24, 2018, has been committed to the Central Mental Hospital (CMH) following an appeal. The court heard that McLaughlin broke into Loughlin's home and beat him to death with a crowbar while suffering from delusions caused by paranoid schizophrenia. Pathologist Dr Linda Mulligan confirmed that Loughlin died from traumatic head injuries. During the trial, it was revealed that McLaughlin had a history of mental health issues, including previous admissions to St Columba's Hospital in Sligo and concerns raised by psychiatrists about his risk of violence. Dr Sally Linehan, a consultant forensic psychiatrist at the CMH, testified that McLaughlin has been compliant with his treatment plan and has begun to develop insight into his illness. She recommended his commitment to the CMH for inpatient care. Dr Conor O'Neill, also a consultant forensic psychiatrist, confirmed that McLaughlin suffered from schizophrenia and did not understand that his actions were wrong at the time of the attack. The court, having heard evidence from two consultant psychiatrists, concluded that McLaughlin met the criteria for the special verdict of not guilty by reason of insanity. The matter was adjourned for the Mental Health Review Board to review his condition every six months.
In an appeal-stage procedural development, the Central Criminal Court directed Dr Sally Lenihan to prepare a report on the ongoing treatment of Richard McLaughlin, with the court scheduled to hear the matter on July 16. This follows a jury verdict finding McLaughlin not guilty by reason of insanity of the murder of Jimmy Loughlin in Sligo in 2018. The court heard that McLaughlin, who suffered from paranoid schizophrenia, broke into the victim's home and attacked him with a crowbar. Two forensic psychiatrists agreed that McLaughlin did not understand his actions were wrong and was unable to refrain from the act due to his mental disorder. The victim's parents, Paula and Michael Loughlin, stated it was unacceptable that a man known to mental health services lived nearby. They expressed hope that questions regarding mental health services would be addressed at a coroner's inquest. McLaughlin's mother, Mairead McLaughlin, expressed her deepest sorrow to the Loughlin family. Ms Justice Carmel Stewart noted the palpable grief of the family and extended sympathy to McLaughlin's mother. The matter is currently adjourned pending the submission of the treatment report, and no final disposal or sentence has been concluded.
Barry McArdle, 33, of Drimnagh, was released from Dublin custody after the High Court declared a European Arrest Warrant issued by the Dutch Public Prosecutor invalid. McArdle had previously been sentenced to two years in the Netherlands for disposing of the body of Keith Ennis, 29, and had served that sentence while on remand. He was also convicted of manslaughter by the Amsterdam Court of Appeal in 2018, receiving a 13‑year sentence. The warrant, issued in January, led to his arrest on 3 May and remand. The High Court refused bail and, citing EU law, ruled the warrant invalid because it was issued by an authority not recognised as a judicial body. Justice Tara Burns ordered McArdle's immediate release, and he walked free from court. The Court of Appeal later upheld the High Court's refusal of bail, noting the warrant remained valid until the High Court's ruling. The case remains pending before the Dutch Supreme Court.
David Byrne, 43, of Kilcullen, was convicted of dangerous driving causing the death of 70‑year‑old Patricia Dunne on Collins Avenue East, Killester, on 16 October 2015. He also pleaded not guilty to dishonestly inducing the National Driving Licence Service to issue a licence and to making a false statement while taking out insurance. A jury found him guilty on all three counts and Judge Patricia Ryan sentenced him to five years' imprisonment on 11 May 2018. Byrne has Type 2 Usher Syndrome, a degenerative eye disorder that causes peripheral vision loss. During the trial the court heard that Dunne was walking home with a shopping trolley, began to cross the road, a van slowed to allow her, but Byrne's car struck her, flinging her into the air before stopping. Byrne has now moved to appeal his conviction in the Court of Appeal, where judgment is reserved.
The Court of Appeal has quashed the sexual assault conviction of an unnamed 25-year-old man, originally from Azerbaijan, while leaving his burglary conviction intact. The appellant had pleaded guilty to burglary but not guilty to sexually assaulting a woman in her south Dublin home on June 15, 2014. He was initially found guilty of sexual assault by a jury and sentenced to three-and-a-half years' imprisonment by Judge Martin Nolan on June 15, 2018. The appeal succeeded on the grounds that the trial judge erred in his instructions to the jury regarding the ingredients of the offence. Ms Justice Isobel Kennedy, sitting with Mr Justice George Birmingham and Ms Justice Máire Whelan, determined that the judge's instructions amounted to an error in principle, specifically by erroneously indicating that the complainant's state of mind was relevant rather than the accused's. The court noted the victim was alone and sleeping when she discovered the man in her bedroom, leading to the alleged assault. The quashing of the sexual assault conviction does not affect the burglary conviction, for which the man remains in custody serving his sentence. The matter regarding whether a retrial will take place has not been concluded and will be decided at a later date.
An 86‑year‑old retired doctor, whose name is protected by the Court of Appeal, lost an appeal against the severity of his sentence for abusing two teenage boys in the mid‑1970s. He had pleaded not guilty to eight charges of indecent assault on six patients between 1964 and 1991. A jury at Dublin Circuit Criminal Court found him guilty of indecent assault on two 15‑year‑old patients; one complainant was directed not guilty and the remaining counts were acquitted. Judge Cormac Quinn imposed two consecutive 10‑month sentences, totalling 20 months imprisonment, a sentence within the maximum two‑year range for the offence at the time. The Court of Appeal, in a three‑judge panel, upheld the 20‑month custodial term, noting the serious betrayal of trust inherent in the doctor's position and the deliberate nature of the acts. The appeal was dismissed with no error found in principle.
A man convicted of indecently assaulting a young teenager in 1980 has had his appeal dismissed by the Court of Appeal. Patrick Patton, aged 65, of Cashelard, Ballyshannon, County Donegal, was sentenced to fourteen months imprisonment in April 2019 following a trial at Donegal Circuit Criminal Court. A jury returned a ten-to-two majority guilty verdict on one count of indecent assault against a fourteen-year-old girl, while unanimously acquitting him on two further counts involving another young female. Patton's legal team argued the jury had been pressured into their guilty verdict due to adverse weather conditions and the late Friday timing of deliberations. They contended the jury, observed returning with coats on, had been influenced by the judge's instruction to persevere on the disputed count. President of the Court of Appeal Mr Justice George Birmingham found little merit in these submissions, noting either party could have raised concerns about the timing or sought adjournment. The court upheld the conviction, finding the judge's instructions fair and the procedure appropriate. Patrick Patton pleaded not guilty.
John Downey has lost a Court of Appeal challenge seeking to prevent his extradition to Northern Ireland in connection with the 1972 Enniskillen bombing. The 67-year-old, arrested in November 2018 at his home in Creeslough, Co Donegal, faces charges relating to the deaths of two British Army soldiers, Lance Corporal Alfred Johnston and Private James Eames, who were killed on 25 August 1972 when an explosive device detonated near Enniskillen. The High Court in Dublin ordered his extradition in March. The Court of Appeal upheld that decision today, with Mr Justice Michael Peart ruling that challenges based on an alleged "comfort letter" issued by the UK Government should be determined by Northern Irish courts rather than in extradition proceedings. Mr Downey's legal representatives indicated they intend to appeal to the Supreme Court. He remains on bail pending that application.
Alice Byrne, 44, of Dublin 15, pleaded guilty to assault causing harm to Sarah Comer outside James Connolly Hospital on 13 August 2017. She also pleaded guilty to trespass and criminal damage on 1 October 2015 when she directed the smashing of a domestic dwelling with baseball bats. Byrne was sentenced to four years imprisonment, with the final year suspended, by Judge Pauline Codd on 17 December 2018 for the assault. The sentence was consecutive to nine months imprisonment for the trespass and criminal damage. She lost an appeal against the severity of her sentence on 2 July 2019. The Court of Appeal, in a three‑judge panel, found no error in principle and dismissed the appeal. The judge noted Byrne's 21 previous convictions and the seriousness of the victim's injuries, including permanent facial disfigurement and nerve damage.
In 2017, Detective Sergeant Eve Doherty was convicted of harassing State solicitor Elizabeth Howlin by sending abusive letters and emails over an 18‑month period. The court found Doherty had called Howlin "corrupt", "incompetent useless hobbit" and "two‑faced bitch". She was sentenced to three years' imprisonment in January 2018, with no suspended portion, and served 20 months in Dóchas women's prison. In July 2019, the Court of Appeal suspended the unserved balance of her sentence, allowing her release on condition she does not contact Howlin or related parties for five years. The appeal also rejected Doherty's claim that evidence was unlawfully obtained under the Communications (Retention of Data) Act 2011, stating the data was not personal and did not breach her rights. Doherty remains suspended from Gardaí and her salary has been terminated.
Sarah Doran, aged 66, was convicted of assault causing serious harm and false imprisonment against an 84‑year‑old woman she was caring for. The incident occurred at Violet Hill, Bray on 28 December 2015. Judge Michael O'Shea sentenced her to eight‑and‑a‑half years, suspending the final three‑and‑a‑half years. Doran, with no prior convictions, appealed the severity of the sentence after the normal 28‑day period had passed. The Court of Appeal granted her an extension of time to lodge the appeal. Her barrister, Mark Lynam, described the offence as "inexplicable" and argued that mental health issues may have influenced her behaviour. The Court of Appeal, presided over by Mr Justice George Birmingham, acknowledged the seriousness of the assault and the unusual circumstances, and agreed to allow the extended appeal period. The case remains at the appeal stage. Sarah Doran pleaded guilty.
Leroy Dumbrell, 32, of Carriglea Gardens, Dun Laoghaire, withdrew a sentence appeal after a senior judge warned that the Court of Appeal could increase his sentence. Dumbrell had pleaded guilty to violent disorder in 2013 and to threatening a detective in 2015. He had over 70 prior convictions, including arson and a prison brawl. He was sentenced to seven years' imprisonment with the final year suspended in 2016. The appeal was to challenge the severity of the six‑year term, but the judge noted Dumbrell's extensive criminal record and the Court of Appeal's power to increase sentences. Dumbrell's lawyers requested withdrawal, and the judge described him as "very wise." The case was dismissed before hearing.
David Cully, 28, of Kilshane Road, Finglas West, was convicted of murder for shooting his uncle, Edward O'Connor, 41, at Ballycoolin Road on 15 December 2013. Cully admitted the shooting but denied it was murder, claiming it occurred in the heat of the moment after a comment about a sexual‑abuse allegation against O'Connor. The case involved an organised 'straightener' attended by both men and two others. A jury of seven women and five men deliberated over eight hours and returned a unanimous guilty verdict. Cully received a mandatory life sentence on 29 July 2015. He has now lodged an appeal, arguing that family testimony was wrongly excluded and that the evidence of a prior threat was crucial. The Court of Appeal will consider the appeal.
Barry McArdle, 33, of Drimnagh, faced a 13‑year sentence in the Netherlands for manslaughter after a Dutch court overturned his earlier acquittal. He had previously been convicted of concealing a body, receiving a two‑year term that he had already served while on remand. After being arrested under a European Arrest Warrant on 3 May, he was remanded in Dublin and later released. McArdle intends to challenge his surrender to the Netherlands in the High Court. In May, the High Court refused him bail, and the Court of Appeal upheld that decision today. Justice John Edwards noted that McArdle, as a convicted person, does not enjoy the presumption of innocence at this time, citing his movements between Dublin and Galway and failure to collect social welfare as evidence of his flight risk. The appeal was dismissed with no error found in the High Court's approach. Barry McArdle was acquitted.
Petronel Pal, 36, was arrested in Dublin on May 3 after a second attempt to secure bail was denied. He is wanted in Romania for aggravated murder, attempted aggravated murder and aggravated robbery committed on April 10, 2014, when he and others allegedly broke into the apartment of Virgil Busa, 37, at Academy Square, Navan. Busa was violently assaulted and died three days later. The alleged crime group, headed by a relative of Pal, is said to have used extreme violence and stolen a laptop, tablet, mobile phone and rucksack. Pal has eight prior convictions in Ireland, including possession of equipment for making false instruments and handling stolen property, which the Gardaí cited as evidence of a flight risk. The High Court refused bail, and the Court of Appeal upheld that decision, citing Pal's record and potential for absconding. Pal's lawyer noted that extradition proceedings will involve significant legal issues, including extra‑territoriality. The case remains pending.
In a case heard at the Court of Appeal, William Butler, aged 52, was found guilty of stealing €19,380 from a widow's pension over a three‑month period between November 2013 and January 2014. Butler admitted to obtaining the victim's banking details and withdrawing the money from the Bank of Ireland, Ballyfermot branch, to gamble. He had pleaded guilty at the Dublin Circuit Criminal Court and was sentenced to three years' imprisonment, with the final 12 months suspended, by Judge Karen O'Connor on 13 December 2018. The Court of Appeal upheld the sentence. Butler had made no restitution to the victim, who had discovered the withdrawals and had contacted him. The court noted Butler's previous good character and lack of prior convictions, but emphasized the seriousness of the dishonesty and the vulnerability of the victim. No error was found in the original sentencing, and the appeal was dismissed.
Serial offender Barry Watters, aged 43, pleaded guilty to public indecency for exposing himself to children on their way to school in Dublin over two days in December 2014, and to possession of child pornography on 20 October 2016. He had previously received several sentences for child porn offences, including a fully suspended two‑and‑a‑half‑year term in 2008, a three‑year term in 2010, and a four‑year term with the final year suspended in 2012. On 7 December 2018, Judge Martina Baxter imposed consecutive sentences totalling seven years, with the final year suspended. On appeal, the Court of Appeal held that the judge had imposed two maximum sentences consecutively, which was inappropriate. Watters was re‑sentenced to five years and eight months imprisonment, with the final 18 months suspended, subject to strict conditions. The appeal decision was made on 25 June 2019.
Jamie Coughlan, 39, was re‑sentenced by the Court of Appeal to six and a half years' imprisonment, with the final six months suspended, after the Director of Public Prosecutions successfully appealed his original six‑year term. The appeal was based on the sentence being "unduly lenient". Coughlan had been found guilty of violently stabbing his former partner at their home in Waterford in July 2017, causing multiple serious injuries including a laceration that left her nose hanging off. He had denied responsibility, claiming the wounds were self‑inflicted and citing the victim's psychiatric history. The Court of Appeal noted his extensive criminal record, lack of remorse, and failure to cooperate with authorities. The new sentence includes a good‑behaviour bond for the suspended period. The case remains at the sentencing stage, with no further verdicts or appeals reported.
Thomas Healy, 46, of Upper Fair Hill, Cork, pleaded guilty to burglary of a residential apartment at Mount Vernon, Belgrave Avenue, Wellington Road, Cork, on 21 July 2017. He was sentenced on 15 February 2018 to five years' imprisonment, with the final year suspended, by Judge Brian O'Callaghan. The Court of Appeal upheld the sentence. Judge Patrick McCarthy, in a three‑judge panel, noted that Healy entered the apartment with another man while the resident was absent, stole 70 cents, and used socks from the home as gloves to avoid detection. He had 67 prior convictions, including two burglary convictions in the Circuit Court. The Court of Appeal found no error in the sentencing decision and dismissed the appeal. The case was heard by Mr Justice McCarthy, Mr Justice George Birmingham and Mr Justice John Edwards.
Wales-born Wesley Purse, 40, was convicted in Clonmel Circuit Criminal Court for possessing and cultivating €42,000 worth of cannabis in Rossadrehid, County Tipperary. He received a five‑year prison sentence on 29 June 2018, a term he now seeks to appeal in the Court of Appeal. Purse, who had 92 prior convictions, was also "at large" from a 12‑year sentence imposed in Stafford Crown Court, England, when he was arrested in Tipperary. His barrister, Philip Sheahan SC, argued that the headline sentences of eight years for possession and six years for cultivation were excessive, noting that the plants were at various stages of production and that the €42,000 valuation was not comparable to higher‑valued cases. The Court of Appeal heard the arguments and reserved judgment. The case remains at the appeal stage, with no further outcome announced. Wesley Purse pleaded guilty.
Alan Cawley (32) of Four Winds, Corrinbla, Ballina, has appealed his conviction for the murder of two elderly brothers with special needs at the Court of Appeal in Dublin. Cawley was unanimously found guilty by jury in 2017 and received a mandatory life sentence for killing Thomas Blaine (69) and John Blaine (76) at New Antrim Street in Castlebar on 10 July 2013. He admitted the killings but denied murder, claiming diminished responsibility on grounds of mental disorder. The appeal focused on the trial judge's directions to the jury regarding intoxication and its interaction with the diminished responsibility defence. The defence argued the jury may have been directed to exclude intoxication before considering mental disorder, whereas both issues could operate simultaneously. The prosecution maintained the trial judge's instructions were legally sound and that evidence of the crime was overwhelming. A three-judge panel reserved judgment.
Nicolae Vlad, a 28-year-old Romanian national, appeared at Dublin Circuit Criminal Court on appeal regarding his conviction for possession of cannabis for sale or supply. The offence occurred on September 13, 2018, at Beacon South Quarter, Sandyford, following a controlled delivery operation where gardaí intercepted a package from Spain containing €80,000 in cannabis. Vlad was observed acting suspiciously near the delivery address and was arrested after signing for the parcel. He admitted to being paid €2,000 to collect the package, though he claimed ignorance of its contents. Vlad pleaded guilty to the charge. Judge Melanie Greally imposed a five-year custodial sentence. The final year of the sentence was suspended on the condition that Vlad leave the jurisdiction within seven days of his release and not return for ten years. Defence counsel James Dwyer SC highlighted Vlad's custody since September and his lack of income at the time of the offence. The court noted Vlad's history of eleven previous convictions, primarily for road traffic offences. This report reflects the sentencing outcome following the guilty plea, with the specific conditions of the suspended portion clearly defined by the judge.
In a case heard at Dublin Circuit Criminal Court, 31‑year‑old Carl Cullen pleaded guilty to robbery at Tolka Valley Road, Finglas, on 27 February 2017. Cullen and a co‑accused entered a taxi at about 6 a.m., behaved oddly and appeared intoxicated. The driver, fearing a crash, stopped the vehicle and left it 40 metres away. Cullen and the accomplice then rummaged through the car, taking a phone, an MP3 player and a bag of coins. Garda Barry Hehir reported that the victim later located the phone via a "find phone" feature, leading police to the suspects on St Helena's Road. Cullen, who has 40 prior convictions, was sentenced to three‑and‑a‑half years' imprisonment by Judge Martin Nolan on 22 November 2017. He had intended to appeal the sentence, but withdrew the appeal after the Court of Appeal warned that it could increase his jail time. The appeal was formally withdrawn with the court's permission.
Eve Doherty, 51, a detective sergeant in An Garda Síochána, was found guilty by a jury at the Dublin Circuit Criminal Court of harassing State solicitor Elizabeth Howlin between September 2011 and March 2013. The harassment involved sending abusive letters and emails to Howlin's home, workplace and GP, calling her "corrupt", "incompetent useless hobbit" and "two‑faced bitch". Doherty denied the charge and was acquitted on two counts of making false statements. She was sentenced to three years' imprisonment in January 2018. Doherty has appealed the severity of the sentence to the Court of Appeal, arguing that prison is more difficult for her as a Garda and that no suitable open prison exists for women. The Court of Appeal has reserved its judgement. The case highlights the seriousness of harassment of public officials.
The Director of Public Prosecutions has dropped all charges against Jonathan Gill, who was accused of participating in the 2011 kidnapping of a Drogheda family. At Dublin Circuit Criminal Court, Vincent Heneghan SC informed Judge Karen O'Connor that the State was entering a nolle prosequi regarding three charges of false imprisonment and one of robbery. Gill, of Malahide Road, Swords, had pleaded not guilty to falsely imprisoning Warren Nawn, Jean Marie Nawn, and their ten-week-old baby between August 1 and August 2, 2011. The State alleged Gill was part of a group that held the family hostage before robbing €660,000 from the man's workplace. No reason was given for the decision to drop the case. This follows a previous trial collapse in 2017 due to juror misconduct concerns and a subsequent adjournment in May 2023 when a vital witness was unavailable in Australia. Gill remained on bail throughout the proceedings. Separately, Mark McCarthy, of Ballyfermot, was jailed for nine years after pleading guilty to the kidnapping; his sentence was later increased to 15 years following a successful appeal by prosecutors.
A man convicted of indecently assaulting a fourteen-year-old babysitter in Ballyshannon in 1980 has appealed his conviction at the Court of Appeal, claiming the jury was pressurised into returning a guilty verdict. Patrick Patton, aged 65, of Cashelard, Ballyshannon, pleaded not guilty to three counts of indecent assault. A jury at Donegal Circuit Criminal Court unanimously acquitted him on two counts but returned a ten-two majority guilty verdict on the first count following a four-day trial. He was sentenced to fourteen months imprisonment in April 2019. His barrister argued the jury was pressurised to continue deliberating on a Friday evening when severe weather warnings were in place and despite jurors appearing ready to leave. The trial judge had instructed them to persevere on the disputed count after they had already acquitted on the other charges. The Director of Public Prosecutions' counsel contended the jury had not expressed concern and the weather argument remained speculative. Judgement has been reserved.
In a 2019 Court of Appeal case, prosecutors sought to overturn a High Court ruling that barred a 59‑year‑old man from trial for alleged sexual abuse of his two sisters between 1974 and 1985. The man, whose identity is withheld, faced 17 rape and sexual abuse charges. He argued he was not living in the family home during the alleged period, claiming residence with grandparents and another relative, all now deceased. Only one charge had a specific date, and neither sister was aware of the other's alleged abuse, limiting corroboration. He claimed prejudice due to the deaths of potential witnesses and alleged unfairness from prior publicity. The High Court had ruled that the deaths denied him a fair defence, citing elderly witnesses with poor recollection. The DPP appealed, arguing witnesses were peripheral and the man's parents were alive. The Court of Appeal reserved judgment, noting the alleged "threatening letter" as a catalyst for the sisters' complaints.
Andrew Shannon, 54, was convicted on 31 January 2014 for handling a stolen Frederick Goodall oil painting, a 1892 desert scene taken from Bantry House in Cork in March 2006. Gardaí searched his Dublin home in 2014, finding the painting valued at about €5,000. He was found guilty by jury after a two‑day trial and sentenced to two years' imprisonment by Judge Patricia Ryan in November 2014. Shannon appealed, arguing that evidence from his 2006 arrest over John Speed maps from Tinakilly House was improperly introduced to link him to the Bantry House theft. The Court of Appeal rejected this ground, stating the Gardaí had no suspicion of him in relation to Bantry House and that the evidence was admissible. The appeal was dismissed by Justice Isobel Kennedy, with the case heard by Justices George Birmingham and Patrick McCarthy.
Eve Doherty, a former detective sergeant, has lost her appeal against a conviction for harassing State solicitor Elizabeth Howlin. The Court of Appeal, presided over by Mr Justice John Edwards alongside President Mr Justice George Birmingham and Ms Justice Isobel Kennedy, upheld the jury's finding of guilt from Dublin Circuit Criminal Court. Doherty was originally found guilty of harassing Ms Howlin between September 2011 and March 2013 by sending abusive letters and emails. She had denied the charge but was found not guilty on two separate counts of making false statements in March 2012. In January 2018, Judge Melanie Greally sentenced Doherty to three years imprisonment, describing the communications as containing outright and "scurrilous" lies. Doherty's legal team argued that evidence obtained under the Communications (Retention of Data) Act 2011 was inadmissible because the Act breached EU law, and that the trial judge erred regarding the definition of harassment and the exclusion of certain documents. The Court of Appeal rejected these grounds, ruling that the retained data did not constitute Doherty's personal data and that her privacy rights were not breached. The judgment dismissed all appeals, thereby upholding the original conviction and sentence.
Faisal Ellahi, 37, from Haripur, Pakistan, was convicted of raping a young woman with Down syndrome after a five‑week trial at the Central Criminal Court. He denied the charge, claiming the victim had actively participated and that he was unaware of her mental impairment. The judge described the offence as "frightening, appalling, disgusting and depraved" and sentenced him to 13 years' imprisonment. Ellahi attempted to appeal after 19 months, beyond the 28‑day deadline, citing emotional distress. The Court of Appeal, led by Mr Justice George Birmingham, refused him extra time, noting the lack of a realistic prospect of success and the compelling prosecution evidence. The court highlighted the victim's dignity and the impact on her independence, while acknowledging the delay in the appeal process. The case remains at the conviction stage.
In a Dublin Circuit Criminal Court case, Vasile Marin, 24, was found guilty of robbing an 81‑year‑old woman's purse on 10 September 2016. The victim, who had recently had a pacemaker fitted, was targeted while shopping at Eurospar; Marin, seen on CCTV, approached her from behind, seized her purse containing €300, and fled. Marin had previously been convicted of theft twice, had no employment history, and was receiving disability allowance for hearing issues and depression. He claimed a gambling debt as his motive. Judge Melanie Greally sentenced him to three years' imprisonment, suspending the final 18 months, a decision upheld by the Court of Appeal. The judge emphasised that protecting vulnerable elderly people and ensuring deterrence were key reasons for the custodial sentence. The appeal was dismissed.
In a limited appeal, the State Examinations Commission (SEC) and the Minister for Education and Skills won against parts of a High Court decision that had allowed student Rebecca Carter to enrol in veterinary medicine at UCD. The Court of Appeal, comprising Justices Peart, Baker and Brian, held that the High Court had incorrectly found an unenumerated constitutional right to higher education, a claim not raised by Carter. The Court noted that the High Court had no jurisdiction to decide on such a right because the parties who could address it were not before the court. The ruling does not affect Carter's place at UCD or her legal costs. The High Court had earlier found the appeals process unfair and urged the Minister to review it. The SEC's appeal also challenged the High Court's findings on the appeal system's rationality and fairness, which the Court upheld as erroneous.
Donal Billings, a 67-year-old pensioner from County Longford, has lost his appeal against convictions obtained at the Special Criminal Court. The appeal, heard by the Court of Appeal, focused on two primary issues: the sufficiency of evidence and alleged violations of his Irish language rights. Billings was found guilty of possessing an explosive substance at Longford railway station car park on May 16, 2011, and making false bomb reports on May 16, 18, and 20, 2011, targeting Busáras, Sinn Féin headquarters, Dublin Castle, and Cork airport during Queen Elizabeth's state visit. He was sentenced to eight-and-a-half years' imprisonment by Mr Justice Tony Hunt, who described the acts as outrageous and dangerous. In the appeal, counsel Martin Giblin SC argued that Billings' Irish language rights were destroyed, citing the lack of an Irish-language transcript and the unavailability of the Explosive Substances Act 1883 in Irish. President of the Court of Appeal, Mr Justice George Birmingham, dismissed these arguments, stating the evidence was sufficient and that the trial arrangements, including the use of interpreters, were reasonable. The court found no disadvantage to Billings and ruled that the State was not compelled to provide an Irish transcript or translate pre-1922 statutes. The appeal was dismissed, upholding the original conviction and sentence.
In a two‑week trial at the Central Criminal Court, Kerry farmer Michael Ferris, aged 64, was found not guilty of murder but guilty of manslaughter for the death of neighbour Anthony O'Mahony, aged 73, after Ferris drove the prongs of a teleporter into O'Mahony's car on 4 April 2017. The jury, 10 to 2, accepted that the attack was deliberate and caused catastrophic injuries. Justice Carmel Stewart sentenced Ferris to six years' imprisonment, with the final year suspended, and backdated the sentence to the day of the offence. The Director of Public Prosecutions has applied for a review, arguing the sentence was "unduly lenient", and the Court of Appeal has set a hearing for 2 December. Ferris's defence lawyer, Brendan Grehan SC, expressed remorse and cited cumulative provocation by O'Mahony. The O'Mahony family, represented by his niece Ann O'Carroll, has expressed that the outcome was insufficient and that a murder conviction would have been appropriate.
In 2018, a 74‑year‑old unnamed man was sentenced to five years' imprisonment for 17 counts of indecent assault and two counts of sexual assault against his son between 1981 and 1992. The sentence included a final three years and three months suspended, and the man was offered €10,000 restitution, which he accepted. The Court of Appeal, after an appeal by the Director of Public Prosecutions, found the original nine‑month jail term "unduly lenient" and increased the custodial period to two years. The appeal court noted that the abuse occurred in various parts of the family home and at the man's workplace, involved masturbation, oral sex, rubbing from the waist down, and an attempted anal penetration that stopped when the victim complained of soreness. The victim, who became depressed at age 21 and was hospitalised, eventually disclosed the abuse to the Gardaí. The unnamed 74-year-old pleaded guilty.
John Downey, aged 67, has appealed his extradition to Northern Ireland to face charges relating to the August 1972 bombing in Enniskillen, County Fermanagh, in which two British Army soldiers were killed. The High Court in Dublin ordered his extradition in March following his arrest in Creeslough, County Donegal, on a European Arrest Warrant. Northern Irish authorities seek to prosecute him for the murders of Lance Corporal Alfred Johnston and Private James Eames, who died when an explosive device detonated near a vehicle they were inspecting on the Irvinestown Road. Mr Downey's legal representatives argued before the Court of Appeal that a letter of assurance issued by the UK government constituted a decision not to prosecute him and created a legitimate expectation he would not face proceedings. The Attorney General's counsel contended the letter merely stated no active investigations existed at that time and did not amount to immunity from prosecution. The Court of Appeal reserved judgement on the appeal.
In 2017, 41‑year‑old Robert Kane was convicted of burglary and criminal damage at Patrick Morrissey and Co Solicitors in Dun Laoghaire. He denied the offences, claiming he was homeless and seeking a place to sleep. The jury found him guilty and sentenced him to three years' imprisonment, with the final six months suspended. In May 2019 the Court of Appeal quashed Kane's conviction because the trial judge failed to adequately explain the defence case to the jury, particularly the claim that Kane was homeless and that no items were taken. The appeal also highlighted problems with the police interview process, including attempts to interview Kane while handcuffed and without his solicitor present. Lawyers for the DPP confirmed that no retrial was being sought. Kane had already served his sentence when the conviction was overturned. The Court of Appeal allowed the appeal and no retrial will be pursued.
Stephen Sarsfield, 39, pleaded guilty to possessing €4,170,932 of cannabis and heroin for sale or supply at an address on Ballyfermot Drive. He was found transferring boxes of cannabis from a large lorry into a garage in a Dublin housing estate before Gardaí moved in. Detective Garda Brian Foran described the site as a "large scale drug distribution hub" with 188 kg of cannabis herb and 2.9 kg of cocaine, a money‑counting machine, two plastic bag sealers, three stun guns and a weighing scale. Sarsfield was sentenced to seven years imprisonment by Judge Martin Nolan on 10 April 2018. The Director of Public Prosecutions now seeks a review, arguing the sentence was "unduly lenient" and that a mandatory minimum of 10 years should have applied. The Court of Appeal has scheduled further submissions for 1 July.
Andrew Shannon, 54, was convicted on 31 January 2014 for handling a stolen Frederick Goodall oil painting, valued at about €5,000, found in his Dublin home. The painting, a 1892 desert scene, had been stolen from Bantry House, Cork, in March 2006. A two‑day trial in the Dublin Circuit Criminal Court led to a two‑year sentence imposed by Judge Patricia Ryan in November 2014. Shannon appealed today, arguing that evidence obtained during his 2006 arrest for suspected theft of John Speed maps from Tinakilly House was improperly used to convict him of handling the Goodall painting. His barrister, Marc Thompson BL, contended that Gardaí should have formally questioned him about Bantry House as a suspect, not while interrogating him on unrelated matters, and that the 2006 information was "fishing" for evidence. The Court of Appeal, presided over by Justice George Birmingham, will reserve judgment.
Jonathan Chubb, a former property investor, withdrew his appeal against the severity of his sentence at the Court of Appeal. Chubb, 38, of Drimnagh, Dublin, had previously pleaded guilty to 34 counts of theft and one count of money laundering committed between March 2013 and July 2015. He also admitted to providing a false reference, deception, and possession of a forged driving licence. The Dublin Circuit Criminal Court heard that Chubb allegedly stole deposits from 11 would-be tenants who believed he was the landlord of an apartment on Tyrconnell Road. Gardaí reported that victims arrived at the address to find numerous others in similar situations. One victim, a woman with an eight-year-old daughter, was left homeless as a result of the alleged fraud. Chubb was sentenced to seven-and-a-half years' imprisonment on June 1, 2018, with the final 18 months suspended. Judge Karen O'Connor noted the offending was premeditated and involved vulnerable victims. Before the appeal hearing began, President of the Court of Appeal Mr Justice George Birmingham advised Chubb's lawyers that the court could increase as well as reduce sentences. Following this warning, Chubb's barrister, James Dwyer SC, stated that Chubb wished to withdraw the appeal. Chubb confirmed this decision to the court. The matter was adjourned, and the appeal was not concluded.
The Court of Appeal has reduced the sentence of David Burke, who was found to have the greatest culpability in the fatal assault on Dale Creighton in Tallaght in 2014. Burke, along with four others, pleaded guilty to manslaughter after murder charges were dropped during trial. The original sentencing judge, Ms Justice Deirdre Murphy, imposed a ten-year term on Burke with the final two-and-a-half years suspended, citing his role in setting the agenda. However, President of the Court of Appeal, Mr Justice George Birmingham, sitting with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, re-sentenced Burke to ten years imprisonment with the final three years and three months suspended. This results in a net jail term of six years and nine months, a reduction of nine months. The court determined that the original divergence from the next most culpable offender, Ross Callery, was excessive. Callery, who was also found to have high culpability, received a ten-year sentence with the final four years suspended, leaving a net term of six years. Other participants included Aisling Burke, jailed for one year for violent disorder; James Reid, given a wholly suspended two-year sentence for possession of a knife; Graham Palmer, sentenced to ten years with five suspended; Jason Beresford, sentenced to ten years with four suspended; and Gerard Stevens, sentenced to ten years with seven suspended. The appeal focused on parity and relativity among the multiple defendants.
Greg Lordan, 29, of Parish Field, Clonakilty, pleaded guilty in Cork Circuit Criminal Court to possessing 1,027 images of child pornography on 16 February 2017. He had an old mobile phone containing 638 images of child nudity, 386 images of sexual activity involving children and adults, and three images of a child with an animal. The original judge, Seán O'Donnabháin, imposed a wholly suspended three‑year sentence on 9 November 2018, which the Court of Appeal found unduly lenient. On appeal, Patrick McCarthy re‑sentenced Lordan to three years imprisonment, suspending the final two years. He must enter a good‑behaviour bond for the suspended period and was taken into custody immediately. Lordan had no prior convictions, had cooperated with Gardaí, and had undergone therapy, but the Court emphasised the need for deterrence in sentencing.