Farid Fawzi, 31, pleaded guilty to possessing almost €100,000 worth of cocaine and cannabis for sale or supply at his Cooneybeg address on 15 September 2016. The Cork Circuit Criminal Court found he was not present at the address when it was raided, but a mobile phone linked to him was discovered, leading Gardaí to him. Judge Seán Ó Donnabháin described Fawzi as the "main man" in the movement and distribution of a significant amount of drugs, giving directions to at least two others. He was not addicted to drugs but entered dealing for profit, attracted by a lucrative lifestyle and easy money. The initial sentence was 10 years with the final two years suspended. The Court of Appeal reduced this to seven years with the final six months suspended, requiring a good‑behaviour bond for the suspended period and compliance with probation service directions.
Wayne O'Dwyer, aged 30, pleaded guilty to robbery at the Eurogiant store in Carrick‑on‑Suir on 31 March 2016. He threatened a female shop assistant, demanding €250 and the till, and was sentenced to seven years' imprisonment with the final three years suspended by Judge Thomas Teehan on 15 December 2017. O'Dwyer's lawyers argued the judge sought to make an example of him because of the perceived rise in violent crime in the town. The Court of Appeal, led by Justice John Edwards, rejected this claim, stating the judge was entitled to consider general deterrence as a sentencing objective and that the sentence was not disproportionate. The appeal was dismissed, confirming the seven‑year headline sentence with a three‑year suspended portion and the effective custody term as imposed.
The Court of Appeal dismissed the appeal of a 20‑year‑old man who, as a 16‑year‑old, boasted about raping a 15‑year‑old girl at a house party in Co. Wexford. He had pleaded not guilty to rape on 24 July 2014 and was tried as an adult after a two‑year delay. A jury found him guilty and he was sentenced to five years' imprisonment, with the final two years suspended. The appeal was brought by the defendant and the Director of Public Prosecutions, who argued the sentence was too severe and too lenient respectively. The Court of Appeal, led by Mr Justice George Birmingham, found significant aggravating factors, including the victim's vulnerable, drunken state and the defendant's planning and persistence. The court upheld the sentence and dismissed both appeals, noting the defendant's age and the seriousness of the offence. The decision was made on 23 October 2017.
John Murphy (69), a former travel agent and founder of the Children to Lapland charity, was convicted of four counts of theft totaling €18,643 from the charity between June and July 2010. He had pleaded not guilty, arguing that the charity owed him money and that funds routinely moved between accounts. The prosecution described his defence as the "Father Ted defence." A jury found him guilty after 42 minutes of deliberation, and he received a wholly suspended three‑year sentence in 2016. On 1 March 2019, the Court of Appeal dismissed his appeal. Justice Isobel Kennedy, joined by Justices George Birmingham and Patrick McCarthy, upheld the conviction, noting that evidence of an honest belief in entitlement was insufficient and that the trial judge's instructions to the jury were correct. The appeal was therefore dismissed.
A man arrested in County Donegal is to be extradited to Northern Ireland to face charges relating to a 1972 bombing in Enniskillen. The High Court has rejected John Downey's objections to extradition on multiple grounds, including claims of delay, alleged amnesty protections, and assertions that surrender would be oppressive. Two UDR soldiers, Lance Corporal Alfred Johnston and Private James Eames, were killed when an explosive device detonated in a vehicle on the Irvinestown Road in August 1972. Ms Justice Aileen Donnelly found the public interest in extradition extremely high despite the passage of time. Downey's legal team indicated they will seek leave to appeal the decision to the Court of Appeal. The ruling addresses numerous technical and procedural arguments raised in defence, including challenges to fingerprint evidence and concerns about deceased witnesses.
In a case heard by the Court of Appeal on 28 February 2019, a motorist who had previously been acquitted of dangerous driving causing the death of an oncoming driver had that acquittal overturned. The man, whose identity is not disclosed, was charged five years earlier in Munster with dangerous driving causing death. The appeal centred on the fact that his vehicle crossed 1.7 metres into the opposing lane before colliding with the deceased's car on a straight stretch of the N20. The trial judge had directed the jury to acquit due to insufficient evidence, and no alternative charge such as careless driving was considered. The Director of Public Prosecutions appealed on a point of law under Section 23 of the Criminal Procedure Act 2010, arguing that the jury should have assessed whether the 1.7‑metre drift constituted a dangerous act.
Liam Walsh, a 27‑year‑old from Tallaght, was sentenced to two‑and‑a‑half years in prison for eight thefts in Dublin city centre in September and October 2017, including stealing a wallet from a pregnant woman at Supermacs and a handbag from an 87‑year‑old woman at the Shelbourne Hotel. He also pleaded guilty to an attempt to escape lawful custody at Pearse Street Garda Station. On 31 May 2018 Judge Martin Nolan imposed the original sentence. On 28 February 2019 the Court of Appeal increased Walsh's sentence to 35 months, but suspended the final five months for two years post‑release. The suspended portion will be activated if he breaches the conditions of his good‑behaviour bond and probation requirements. The court structured the sentence as eight consecutive month terms for each count, then reduced it by ten months to reach the final two‑and‑a‑half‑year term with the suspended five‑month period.
John Daly, aged 58, received a five‑year sentence for five acts of gross indecency with a mentally impaired male between 2016 and 2017. The Court of Criminal Appeal heard that Daly had threatened the complainant with death and had performed oral sex and rubbed his penis over the male. Judge Melanie Greally noted the maximum sentence for such offences is two years but imposed five consecutive years, suspending the final 12 months for five years. She ordered three years of probation supervision, compliance with all directions and completion of a sex‑offender treatment programme if appropriate. Daly had previously served a partially suspended four‑year sentence for assaulting two teenage girls in 2011 and a six‑year sentence in 2000 for other sexual crimes. The court acknowledged that Daly's guilty plea and admissions were taken into account in the sentencing decision.
The case of Dariusz Alchimionek (44), a Polish national from Portarlington, Co Laois, has been adjourned to March 7 for mention following a ruling by the Court of Appeal. The Court of Appeal found the jury verdict of guilty on charges of manslaughter and assault causing harm to be 'perverse' and against the weight of the evidence. Alchimionek had previously been found not guilty by reason of insanity by the jury, but the verdict was overturned. Consultant psychiatrists from both the prosecution and defence agreed that Alchimionek met the criteria for not guilty by reason of insanity. The trial judge had instructed the jury to consider this option, but the jury returned a majority guilty verdict of 11-1 on both counts. Alchimionek was sentenced to nine years imprisonment with the final three suspended by Judge Keenan Johnson in October 2017. The Court of Appeal quashed the verdict and considered the possibility of a retrial or substituting the appropriate verdict. However, the court decided against a retrial, citing the public interest and the likelihood of the same outcome. Alchimionek was committed to the Central Mental Hospital for assessment, with the most recent medical report from July 2017. The matter was adjourned to March 7 for mention.
The Court of Appeal has adjourned the appeal of Daniel Mullan, a 79-year-old dual US-Irish citizen, regarding his proposed extradition to the United States. Mullan is currently in custody at Midlands Prison, Portlaoise, and is wanted by the FBI in New York to face trial on charges of sexual exploitation and transportation of a minor, as well as two counts of possessing child pornography. The FBI alleges he produced and sold such material for at least 30 years. Mullan was indicted by a New York Grand Jury in September 2017 while serving a sentence for sexual offences in Ireland. The High Court ordered his extradition in December, a decision he is now challenging. His counsel argued that Mullan should be prosecuted in Ireland under the Sexual Offences (Jurisdiction) Act 1996 and cited his severe medical conditions, including sight loss and cardiac failure, as grounds for blocking extradition under Article 8 of the European Convention on Human Rights. The Attorney General's counsel countered that these conditions do not bar extradition, noting US prison facilities are adequate and that Mullan lacks a sufficient family life nexus in Ireland. President of the Court of Appeal, Mr Justice George Birmingham, sitting with Ms Justice Máire Whelan and Mr Justice Patrick McCarthy, reserved the court's judgement. The matter was adjourned, and no final decision was reached during this hearing.
Rosemary Jones, 49, of Ballygraigue, Nenagh, was convicted of forgery and criminal damage to her landlords' property after a strained landlord‑tenant relationship in 2014. She pleaded guilty and received a two‑year sentence for forgery and a consecutive three‑year sentence for criminal damage in March 2018. The judge noted she had not paid rent for an extended period and that the forgery involved a signature on a Rent Supplement Review Form, with no financial gain. Criminal damage included damage to kitchen furniture, a door, household items, a shower, walls and skirting boards, estimated at €10,000. The Court of Appeal found the five‑year aggregate sentence excessive, re‑sentencing her to two years imprisonment with the final six months suspended, and a concurrent 12‑month sentence for forgery. She must enter a good‑behaviour bond for the suspended period and for two years after release.
The Court of Appeal has reserved its judgment in an appeal by the Director of Public Prosecutions (DPP) regarding the sentence of Donal O'Hara. O'Hara, 26, pleaded guilty at the Special Criminal Court to assaulting John Roche and falsely imprisoning Martin Byrne at The Towers, Saggart, on June 9, 2015. He was sentenced to four years imprisonment, with the final two years suspended. The DPP argues this sentence is "unduly lenient," with counsel Shane Costelloe SC describing the incident as a "gang of thugs accosting" the victim and characterizing O'Hara as "muscle." Defense counsel Michael O'Higgins SC argued that O'Hara's prompt guilty plea warranted elevated status and distinguished his role from other participants. Those included Dessie O'Hare, who pleaded guilty to the same offences and is awaiting sentence; Declan Duffy, who pleaded guilty and was sentenced to six years imprisonment; and Daniel Kane, who pleaded guilty and received five years imprisonment with the final year suspended. The court, presided over by Mr Justice George Birmingham, heard that Duffy's sentence was "capped" at six years. The matter remains adjourned pending the court's decision on whether to increase O'Hara's term.
Garrett Phillips, a former Ros na Rún actor, has been granted legal aid for an appeal against his conviction. Phillips, 47, of Galway, was found guilty by a Central Criminal Court jury of raping a 20-year-old woman in November 2015. He had pleaded not guilty to the charge and had no previous convictions. The Court of Appeal President, Mr Justice George Birmingham, approved legal aid for two counsel after Phillips' lawyer, Ange Bolly BL, demonstrated the appellant had no income or assets. Phillips is appealing his conviction, which has not yet been dated for hearing. He was originally sentenced to six years' imprisonment by Ms Justice Eileen Creedon, who described the act as a "callous rape" with a "predatory element." The court heard that Phillips offered the victim a lift home after she was upset in a park, but allegedly raped her in his van. Phillips claimed the encounter was consensual, stating it felt "chemical," while the victim reported waking to find him standing over her. She escaped, memorised the vehicle registration, and sought help. Phillips, a father of two who had been acting in London, was not present for this procedural hearing. The matter remains at the appeal stage, with the legal aid application now resolved to facilitate the upcoming Court of Appeal proceedings.
A man convicted of murdering a guardian at a brothel in Cavan seven years ago has had his appeal against conviction dismissed by the Court of Appeal. Przemyslaw Trebacz, a Polish national formerly of Bramble Rise, Killynebber, Co Cavan, was sentenced to life imprisonment in February 2014 following his conviction for the murder of Costel Catalin Cretu at Connolly Court, Cavan in October 2012. Trebacz had pleaded not guilty to murder but admitted criminal damage. The Central Criminal Court jury returned a majority guilty verdict after hearing evidence that Mr Cretu was fatally stabbed twice. The appeal challenged the reliability of witness testimony, particularly regarding the layout of the apartment and what could have been observed. The Court of Appeal found no inadequacy in the trial judge's conduct or evidence summary, and determined the verdict was safe. Mr Justice Patrick McCarthy stated there was no reason to believe the trial was unsatisfactory.
A 20‑year‑old man, who was 16 when he raped a 15‑year‑old girl at a house party in Co. Wexford, is awaiting the outcome of two appeals on his three‑year jail term. He was tried as an adult after a two‑year delay between interview and charge. A jury found him guilty and he was sentenced to five years, with the final two suspended, by Mr Justice Paul McDermott on 23 October 2017. In the appeal, his barrister, Paddy McCarthy SC, argued the sentence was too long, citing the defendant's youth and the need to minimise interference with his future education and career. The Director of Public Prosecutions, Pauline Walley SC, welcomed the withdrawal of the defendant's appeal against conviction and argued the sentence was too lenient, noting the seriousness of the offence and the victim's vulnerability. The Court of Appeal will reserve judgement. The unnamed 15-year-old pleaded not guilty.
Mark O'Sullivan, 29, of Old Connaught View, Bray, was convicted of assault causing serious harm after striking David Kirwan with a single blow to the head on 15 January 2017 near James Everett Park. 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 and was sentenced on 28 April 2018 to seven years' imprisonment, with the final two‑and‑a‑half years suspended. He had no prior convictions. O'Sullivan has now lodged an appeal against the severity of the sentence, arguing that the seven‑year term was too high given his lack of intent and remorse. His barrister, Michael O'Higgins SC, contends the sentence is disproportionate, while the Director of Public Prosecutions, Eoghan Cole BL, maintains the attack was unprovoked and the seven‑year term appropriate. The Court of Appeal has reserved judgment.
In a 2019 case, the Court of Appeal quashed a jury verdict that convicted Polish driver Dariusz Alchimionek, 44, of manslaughter and assault after he allegedly caused the death of 19‑year‑old John Gorman and injured Gorman's brother Adam on 29 December 2015. The incident occurred when Alchimionek's vehicle crossed the road into the path of the brothers' car near Ballycrystal, Offaly. Both prosecution and defence psychiatrists, working at the Central Mental Hospital, agreed that Alchimionek met the criteria for not‑guilty by reason of insanity. The jury, after 2 hours 50 minutes of deliberation, returned a 11‑to‑1 guilty verdict, leading to a nine‑year sentence with a three‑year suspended portion. Alchimionek's lawyers appealed on the ground that the verdict was "perverse" and contrary to the evidence. Dariusz Alchimionek was found not guilty by reason of insanity.
The Court of Appeal re-sentenced Sean Ward, a former All Ireland boxing champion, to six years' imprisonment with the final nine months suspended, following an appeal by the Director of Public Prosecutions. Ward, who pleaded guilty to dangerous driving causing serious bodily harm to Natasha Keenan and driving without insurance in Dundalk in 2015, had previously received a six-year sentence with two years suspended. The court found his effective four-year term unduly lenient, noting he was driving while disqualified and had 68 prior convictions. President Mr Justice George Birmingham, sitting with Ms Justice Mary Irvine and Ms Justice Isobel Kennedy, stated Ward's prior record did not justify a significant suspended element. The court noted Ward initially provided a false account to gardaí, attempting to pin responsibility on the victim, and showed little empathy in his probation report. Ms Keenan suffered catastrophic injuries, including broken bones and skin grafting, and remains disabled. Ward was required to enter a good behaviour bond for the suspended period and two years post-release. Ward's own appeal against the severity of his sentence was withdrawn during the proceedings.
In a Court of Appeal decision on 13 February 2019, a 45‑year‑old man was upheld as having received a six‑year jail term for sexual abuse of a primary school pupil over a period of about six years. The man pleaded guilty to sexual assault, indecent assault and one count of oral rape of his nephew at two locations in Limerick between 1989 and 1996. The Central Criminal Court had found that the victim, aged six to 12, suffered repeated abuse while the uncle was aged 16 to 23. The victim's impact statement described the abuse as having haunted him, torn his family apart and left him feeling shunned. The original sentence of eight years, with the final two years suspended, was imposed by Justice Isobel Kennedy on 27 October 2015 and was upheld by the Court of Appeal.
In 2003, Yusuf Ali Abdi was convicted of murdering his infant son, Nathan Baraka Andrew Ali, and sentenced to life imprisonment. The conviction was based on a jury verdict that rejected his insanity defence, despite medical witnesses for the defence claiming he was a zombie and acted under voices. The prosecution's witnesses, including Dr Damien Mohan, stated Abdi was not psychotic. In 2019, the Court of Appeal quashed the conviction after a 2013 diagnosis of paranoid schizophrenia, made by a psychiatrist at the Central Mental Hospital, was deemed new evidence that could have affected the trial outcome. The appeal judge, citing the change in diagnosis and Abdi's ongoing mental illness, ruled the conviction unsafe and remanded him for a retrial. The case remains pending before the Central Criminal Court.
Gerard O'Grady, aged 54, pleaded guilty to sexually abusing two boys while babysitting them in the mid‑1980s. The victims, aged about 10 at the time, reported the abuse in 2016. O'Grady was sentenced on 6 March 2018 to six years' imprisonment, with the final two years suspended. The Court of Appeal upheld the sentence. In the appeal hearing, Mr Justice George Birmingham noted the offences occurred when O'Grady was 16‑18 and that the victims were six and eight years younger. He described the single offence involving one boy as the most serious form of sexual assault, likely to be tried in the Central Criminal Court today. O'Grady entered the witness box to apologise, claiming he did not understand his actions then and only gained insight after having his first child. The appeal was dismissed.
A 54‑year‑old Tipperary man was convicted of two counts of sexual assault and two counts of defilement of a child in 2014, after a jury found him guilty of abusing a 14‑year‑old schoolgirl in 2009 and 2010. He was sentenced to six years' imprisonment by Judge Thomas Teehan. The man appealed only on the ground that his lawyers should have been allowed to introduce text messages exchanged between the victim and a 13‑year‑old boy, which he claimed could undermine the girl's credibility. The Court of Appeal, led by Mr Justice George Birmingham, rejected the appeal, holding that the text messages did not meet the statutory threshold for admissibility and that the defence had no other evidence of penetration. The court noted that the victim had denied any sexual relationship with the boy and that the texts were not relevant to the conviction. The appeal was dismissed, leaving the six‑year sentence in place.
John Shaw, a 73-year-old English national serving a life sentence for murders committed in 1976, has been granted an extension of time to appeal a High Court decision at the Court of Appeal. Shaw has been in Irish custody since September 1976, when he and Geoffrey Evans were arrested for the abduction, rape, torture and murder of two women in Wicklow and Mayo. Both men received life sentences in February 1978. In 2016, the Parole Board recommended Shaw be granted two days of escorted temporary release annually, a recommendation the Minister for Justice declined to support. Shaw's legal challenge to that decision was dismissed by the High Court in March, though the presiding judge noted the Minister's reasoning was inadequate. At today's hearing, President of the Court of Appeal Mr Justice George Birmingham approved the late filing of Shaw's appeal, accepting that he had formed clear intention to appeal within the required timeframe.
John Murphy, 69, founder of the Children to Lapland charity, was convicted of four counts of theft totalling €18,643 between June and July 2010. The charity, established in 1987, raised funds to send terminally ill children to Lapland. Murphy also ran United Travel, a travel agency that closed in 2012. At trial, he claimed the charity owed him money and that funds moved normally between accounts, a defence described by the prosecution as the 'Father Ted defence'. A jury found him guilty after 42 minutes, and Judge Pat McCartan imposed a wholly suspended three‑year sentence on 16 March 2016. Murphy has now appealed, arguing that the trial judge denied the jury the chance to consider an 'honest belief' defence and that the judge incorrectly stated no defence was available. The Court of Appeal has reserved judgment. Murphy was not present at the appeal hearing. John Murphy pleaded not guilty.
In an appeal-stage pretrial motion, Mr Justice Senan Allen dismissed anti-eviction activist Ben Gilroy's application for an injunction under section 33 of the 2009 Defamation Act. Gilroy, who remains jailed in Mountjoy Prison for contempt of court after failing to complete 80 hours of community service, sought to compel autism rights campaigner Fiona O'Leary to remove a YouTube video pending the outcome of his defamation action. The judge found that Gilroy failed to meet the legal threshold for the order, noting that whether the video conveys defamatory meanings is a matter for a jury to decide. The court observed that a jury might view the case as "greatly over pleaded" and stated it could not conceive the Court of Appeal interfering with a jury verdict finding the video non-defamatory. O'Leary, represented by Patricia Sheehy Skeffington BL, denies the post contains defamatory remarks. Businessman Vincent Byrne, of Balrothery, Co Dublin, is a co-applicant in the suit against O'Leary. Following the ruling, the judge addressed concerns regarding statements Gilroy made in an interview, noting O'Leary could bring a motion if necessary. The judge then adjourned the case to a date in late April.
In a 2017 Limerick Circuit Criminal Court hearing, Lithuanian national Aurimas Petraska, of Church Street, Rathkeale, was sentenced to seven years' imprisonment for a series of 2016 burglaries that stole €150,000 worth of women's clothing and Chanel beauty products across Tipperary, Cork and Limerick. Judge Tom O'Donnell described the gang as "professional" and the raids as "premeditated and planned down to the last detail and executed with military precision". The final 18 months of the sentence were suspended. Petraska had planned to appeal the severity of the sentence, but his barrister John Moher BL informed the Court of Appeal that he wished to withdraw the appeal. Judge George Birmingham, President of the Court of Appeal, noted that Petraska had received "extraordinarily well" in the Circuit Court and that proceeding with the appeal risked an increased sentence. The Court of Appeal allowed the withdrawal, following a landmark 2018 sentencing guideline for burglary offences. Aurimas Petraska pleaded guilty.
Brandon Crosbie, aged 20, was sentenced to three-and-a-half years' imprisonment for a series of reckless driving offences committed on 24 April 2017 in Ballymun and Finglas. He pleaded guilty to three counts of reckless endangerment, one count of driving without insurance and more than a dozen related counts. Garda Carl McSweeney described how Crosbie drove a Hyundai at high speed toward a patrol car on Longdale Terrace, forced the officer to take evasive action, then crashed head‑on into a car, causing €400 of damage and frightening the other driver. Crosbie subsequently wove through traffic, hit a car stopped at a red light, and rear‑ended a taxi on St Margaret's Road, propelling it forward. He was arrested at the scene and expressed remorse. The Court of Appeal upheld the original sentence, noting Crosbie's 47‑count criminal record and the possibility of a higher sentence, but dismissed the appeal for an increase.
Steven McGinty, a 47‑year‑old former nurse from Swords, pleaded guilty in Dublin Circuit Criminal Court to possession of 260 child‑pornographic images and four videos and to distributing such material between 2006 and 2013. He received a wholly suspended sentence on 15 March 2018. The Director of Public Prosecutions appealed, arguing the sentence was too lenient, but the Court of Appeal dismissed the appeal, confirming the suspended sentence was within the judge's discretion. The judge noted McGinty's cooperation, remorse, low risk of reoffending, and lack of prior convictions. He also highlighted the difficulty of detecting private offences and the need for deterrence. McGinty's sentence was upheld, and he was not sent to prison. The case was heard by a three‑judge panel, including Mr Justice Patrick McCarthy, Mr Justice George Birmingham, and Ms Justice Marie Baker.
In a Dublin Circuit Criminal Court trial, a 67‑year‑old former primary school teacher was convicted of 15 counts of indecent assault and three counts of sexual assault against five pupils between 1972 and 1998. He denied the allegations. The judge sentenced him to three years imprisonment, consecutive to a ten‑year term for raping and abusing a female relative. On appeal, the Court of Appeal upheld the conviction, finding the trial satisfactory. Justice Isobel Kennedy rejected the defence's arguments that the indictment should have been severed, that evidence from one victim was prejudicial, and that missing roll books warranted an acquittal. She noted commonalities among the allegations, such as the victims' ages, their status as pupils, and the teacher's role, and dismissed the appeal. The conviction remains in force.
A man convicted of rape has initiated High Court proceedings challenging the Director of Public Prosecutions over an alleged delay in reviewing a decision not to prosecute prison officers for perjury. Darius Savickis, originally from Lithuania and with an address in County Galway, was assaulted by several prison guards on 29 September 2009 while serving a sentence at Castlerea Prison in County Roscommon. The incident was recorded on CCTV. Following civil proceedings, the Court of Appeal in 2016 found the officers had lied under oath and awarded him damages totalling €17,225. In 2017, the DPP agreed to review its decision not to prosecute the officers for perjury. Savickis claims his solicitors made repeated enquiries in 2018 regarding progress, with responses indicating the review was ongoing but taking longer than expected. Mr Justice Seamus Noonan granted permission for the judicial review on an ex-parte basis on Monday, with the matter returnable in March.
Antonia McGrath, a 26‑year‑old single mother from Clondalkin, was found in possession of over €450,000 worth of cannabis and was sentenced to three‑and‑a‑half years' imprisonment by Judge Martin Nolan on 30 April 2018. The sentence was upheld by the Court of Appeal on 25 January 2019. McGrath admitted she had agreed to hold the drugs for sale or supply both at her home and in the vehicle of co‑accused Keith Tiswell, who was also convicted and jailed for the same period. McGrath's apartment had been under surveillance after a Garda tip‑off; CCTV showed her handing the drugs to Tiswell. She claimed she feared for her life and that of her son and gave no further information. The Court of Appeal found no error in the original sentencing and dismissed her appeal. Antonia McGrath pleaded guilty. Keith Tiswell pleaded guilty.
An autistic man, Alyn Maginn, 41, was caught with over €600,000 worth of heroin and cocaine in a car park at Dublin Airport. He pleaded guilty to one count of possession on 7 July 2017. Judge Martin Nolan, after noting Maginn's autism and the unclear benefit he derived from the drugs, imposed a wholly suspended five‑year sentence on 23 February 2018, deeming it unjust to jail him. Maginn had already spent seven months in custody before sentencing. The Director of Public Prosecutions appealed, claiming the sentence was unduly lenient, but the Court of Appeal, led by Justice George Birmingham, upheld the judge's decision. Birmingham highlighted the unusual circumstances, including Maginn's difficulty in interviews, his emotional state, and the fact that the drugs were ultimately claimed by a friend who received a seven‑year sentence. The appeal was dismissed, leaving the suspended sentence in place.
In a 2019 case, Polish driver Dariusz Alchimionek, aged 44, was found guilty of manslaughter and assault after a December 2015 incident in which he collided with the Gorman brothers, killing 19‑year‑old John Gorman and injuring Adam. The jury, after 2 h 50 min deliberation, returned a 11‑1 guilty verdict on both counts, despite psychiatrists agreeing he met the criteria for not guilty by reason of insanity. Alchimionek was sentenced to nine years' imprisonment, with the final three years suspended. His defence counsel appealed, arguing the verdict was "perverse" and that the jury's decision contradicted expert evidence. The Court of Appeal has reserved judgment on the appeal. The case remains at the appeal stage.
The Court of Appeal, on 22 January 2019, ruled that Galway Free Range Eggs Ltd is entitled to a permanent injunction against Hillsbrook Eggs Ltd and its directors, Kevin O'Brien and Carmel O'Brien, for passing off. The three‑judge panel overturned a 2016 High Court decision that had found the plaintiff not entitled to orders against the defendants. The appeal court held that Galway Free Range Eggs Ltd had established a substantial reputation in its brand name and that the defendants had used the name "O'Briens of Galway Free Range Eggs" in a manner that could mislead consumers. The injunction restrains the defendants from trading under that name, protecting the plaintiff's reputation and goodwill. The court also found that EU regulations requiring free‑range labeling did not justify the defendants' use of the brand name, and it rejected the High Court's dismissal of survey evidence.
A man from Ballina in County Mayo has failed in his appeal against a five-year custodial sentence for causing a fatal collision while driving under the influence of alcohol and cocaine. Declan Moran pleaded guilty at Castlebar Circuit Criminal Court to dangerous driving causing the death of Martin Wynne, a motorcyclist, on the N26 near Ballinahaglish on 8 May 2016. He also admitted leaving the scene. Moran had attempted an illegal U-turn whilst impaired and collided with Mr Wynne's motorcycle, resulting in fatal injuries. A urine sample taken hours after the incident revealed alcohol levels nearly three times the legal limit. The Court of Appeal upheld the six-year sentence, with the final year suspended, finding the culpability serious and the previous drink-driving conviction a significant aggravating factor.
The Court of Appeal has ruled that a man, Faisal Ellahi, 37, must be given convincing evidence before being granted extra time to appeal his conviction for raping a young woman with Down Syndrome. Ellahi was found guilty by a jury at the Central Criminal Court after a five‑week trial and sentenced to 13 years' imprisonment in March 2016. He admitted "sexual contact" but denied penetrative sex, claiming he was unaware of the victim's mental impairment. Ellahi lodged an appeal one year and seven months after the conviction, outside the 28‑day limit, and the Director of Public Prosecutions opposed extending the time. The Court of Appeal, presided over by Mr Justice George Birmingham, said the papers filed by Ellahi did not identify any core issue for a potential appeal and that the grounds were not adequate to justify an extension of time.
Francis Lanigan, 53, is to be extradited to Northern Ireland on murder and firearm charges following the Supreme Court's refusal to hear an appeal against his surrender. The High Court formally lifted the stay on his extradition, clearing the way for his return. Mr. Lanigan is wanted in connection with the alleged 1998 killing of John Knocker in Dungannon, Co Tyrone. He had contested extradition, arguing his life was at risk from paramilitaries. His legal battle spanned multiple High Court judges, the Court of Appeal, the Supreme Court, and the European Court of Justice. He also challenged the constitutionality of the European Arrest Warrant Act and filed two Habeas Corpus applications. In 2015, the High Court ordered his surrender, a decision upheld on appeal. Last year, the Court of Appeal dismissed his application to refer the case to the ECJ. Mr. Lanigan had been on bail pending the Supreme Court's decision. He was arrested in 2013 under a European Arrest Warrant while working as a barber in Dublin, where he had lived under the alias Ciaran McCrory for 15 years. In an affidavit, he stated he joined the INLA around age 19 and was jailed for membership in the 1980s. He claimed he fled south after an attack in 1998 that resulted in Mr. Knocker's death, disputing the authorities' account of the incident.
Michael Lynch, aged 34, was given a fresh three‑year prison sentence, with no suspended portion, for burglary of a house on Newbridge Avenue, Dublin 4, where a medical surgery was located in the basement. The burglary took place on 26 February 2017 while Lynch was on temporary release for other charges. He entered the house, confronted the occupants, stole a handbag, and locked the injured party inside her bedroom. The husband, a doctor, pursued Lynch and called the Gardaí, who later identified him after he discarded a wallet taken from the house. Lynch had already completed the custodial part of his previous sentence and had 27 charges pending appeal. The Court of Appeal, hearing an application from the Director of Public Prosecutions, imposed the new sentence, citing Lynch's extensive criminal record of 121 convictions, including 16 burglaries, seven thefts, two robberies, one assault and 56 traffic offences. Michael Lynch pleaded guilty.
A man convicted of murdering two elderly brothers in Castlebar in July 2013 has had his appeal held up pending legal submissions, which is now delaying an inquest into the deaths. Alan Cawley, aged 31, was found guilty by jury at the Central Criminal Court in 2017 of killing Thomas Blaine, aged 69, and John Blaine, aged 76, at New Antrim Street. He received a mandatory life sentence. Cawley had admitted the killings but denied murder, arguing diminished responsibility due to mental health conditions. The jury rejected this claim. The Court of Appeal has requested that Cawley's legal representatives provide the Coroner for Mayo with an update on the appeal's progress, as the inquest cannot proceed until the appeal concludes. The coroner's delay is causing concern to the deceased's family, according to the court.
A man convicted of raping his daughter between 2006 and 2010 in County Mayo and abroad has appealed his conviction at the Court of Appeal. The 47-year-old was sentenced to 15 years imprisonment, with the final year suspended, following his conviction at the Central Criminal Court in February 2018. The appeal centres on events after the trial, when the victim visited her father in prison and subsequently sent a Facebook message to his relatives indicating willingness to sign an affidavit and withdraw charges. Defence counsel argued the prison visit undermined her trial evidence that she was in grave danger from him, and claimed she had recanted her testimony. The victim told the court she was manipulated by her father's relatives, who pressured her by stating he was starving himself and would die, placing responsibility on her shoulders. She clarified in a sworn affidavit that she had not recanted her allegations. The Director of Public Prosecutions' counsel argued the victim, a vulnerable person in State care, had been subjected to invidious manipulation. The unnamed 47-year-old pleaded not guilty.
The Court of Appeal held that the privilege preventing a spouse from testifying against their partner applies only to married couples, not to civil partnerships or other relationships. The case arose from a Circuit Court decision that two women, who were in ongoing relationships but not married to the accused men, could not be compelled to give evidence under section 16 of the Criminal Justice Act 2006. The men, charged with attempting to pervert the course of justice in 2012, were acquitted by the trial judge, who cited the "changing landscape" and the recognition of non‑marital relationships in law. The Director of Public Prosecutions appealed the acquittals, but the appeal was moved "without prejudice" on a point of law. The Court of Appeal confirmed that the term "spouse" in the Criminal Evidence Act 1992 refers only to a married spouse, and that extending the privilege to other relationships is a legislative, not judicial, matter.
An Irish man, Kenneth Brunell of Palmerstown, Dublin, has agreed to be extradited to the Netherlands where he is appealing convictions related to the killing of 29‑year‑old Keith Ennis. Ennis was stabbed to death in 2009, his body chopped up and dumped in a canal on the northern outskirts of Amsterdam. Brunell was previously found not guilty of manslaughter but guilty of concealing Ennis's corpse by a Dutch court. An appeals court in Amsterdam overturned the acquittal in May and upheld the conviction for concealing the body, sentencing him in absentia to 13 years' imprisonment. The Dutch authorities issued a European Arrest Warrant in July of last year. Brunell's lawyers have appealed the conviction, and he is now wanted in the Netherlands for detention pending that appeal. Brunell has consented to extradition, and the High Court judge has endorsed the warrant and ordered his surrender to Dutch authorities.
The Court of Appeal has reserved its judgment in the appeal by Donal Billings, who was found guilty by the Special Criminal Court of possessing an explosive substance and making false bomb reports during Queen Elizabeth's 2011 State visit. Billings, sentenced to eight-and-a-half years' imprisonment by Mr Justice Tony Hunt, argues his Irish language rights were violated during the trial. Counsel Martin Giblin SC and Ronan Munro SC, arguing in Irish, contended that the lack of an Irish transcript and the untranslated Explosive Substances Act 1883 breached constitutional rights, independent of fair trial guarantees. They also argued the possession charge should have been dismissed due to insufficient evidence. The DPP's counsel, Garnet Orange SC, countered that the circumstantial evidence, including a bomb found on a bus referenced in Billings' threats, was compelling and that the State facilitated his use of Irish. The appeal, heard before President George Birmingham and colleagues, is the first case in the Court of Appeal conducted in Irish. The court has not yet delivered a decision, meaning the matter remains adjourned pending judgment.
A man from Drumlish, County Longford, has appealed his conviction for possessing an explosive substance and making hoax bomb threats during a state visit in 2011. Dónal Billings, aged 67, was found guilty by the Special Criminal Court of placing a device on a Dublin-bound bus at Longford railway station car park on 16 May 2011, and of making false reports of bombs at multiple locations including Dublin Castle and Cork Airport. He received a sentence of eight-and-a-half years imprisonment. His appeal, heard before the Court of Appeal, is being conducted in Irish, marking the first such case since the court's establishment in 2014. Counsel for Billings argued that the State failed to protect his client's Irish language rights, citing the unavailability of transcripts in Irish and the non-translation of relevant legislation. The hearing continues.
Matthew Kelly, 26, pleaded guilty to assault causing harm to his ex‑partner in Roundwood, Co Wicklow, on 17 November 2017. He was originally given a wholly suspended two‑and‑a‑half‑year sentence by Judge Michael O'Shea at Bray Circuit Criminal Court on 26 July 2018. The Director of Public Prosecutions appealed, arguing the sentence was "unduly lenient". The Court of Appeal agreed and, on 15 January 2019, imposed a new two‑and‑a‑half‑year term with all but the final 12 months suspended, effectively sentencing Kelly to 12 months in custody. The appeal judge noted the assault occurred near a creche where the victim's two‑year‑old daughter was being collected, that Kelly had a safety order in force at the time, and that the attack was described as "cowardly, vicious and violent". The court highlighted the seriousness of breaching a safety order and the presence of the victim's child during the assault.
Patrick Lynch, 38, was found guilty of assaulting his partner and abducting her two‑year‑old son on 7 November 2016. He was originally sentenced to two years' imprisonment with six months suspended. The Director of Public Prosecutions applied for a review, arguing the sentence was unduly lenient. The Court of Appeal, in a three‑judge panel, increased the sentence to three years' imprisonment with nine months suspended. Lynch had spent much of the day drinking outside a dwelling while his partner and the infant were inside. He attacked the partner with a brush handle, punched her in the face, rammed a toilet door with his shoulder and assaulted her while she sat on the toilet. He later drove away with the infant, who was handed over to Gardaí at or near Naas Courthouse. Lynch has 148 previous convictions, including violent disorder, burglary and robbery, and more than 100 road‑traffic convictions. Patrick Lynch pleaded not guilty.
The State will ask the Supreme Court to hear an appeal against a High Court ruling that found Graham Dwyer, a Cork-born architect, was entitled to a declaration that Section 6.1(a) of the 2011 Communications (Retention of Data) Act was inconsistent with EU law. The High Court judge, Mr Justice Tony O'Connor, made a single declaration in Dwyer's favour and placed a stay on it until the first directions hearing of the proposed appeal. The stay will be reviewed by the Supreme Court. The State also seeks a recommendation that Dwyer's legal costs be paid by the State. Dwyer, who denies murdering childcare worker Elaine O'Hara, argues that data from his work phone, used at his 2015 trial, was unlawfully retained and accessed under the 2011 Act, which he claims is inconsistent with EU and European Convention rights. The State contends the data retention regime is essential for serious crime investigations.
A County Mayo man convicted of raping his daughter between 2006 and 2010 when she was aged seven to eleven has had his case heard in the Court of Appeal. The 47-year-old was sentenced to fifteen years imprisonment, with the final year suspended, following his conviction in the Central Criminal Court last February. During proceedings this week, the victim gave evidence via video link that she was manipulated by her father's relatives into visiting him at the Midlands Prison shortly after trial. She stated she had been told her father was starving himself and dying, though she later said she was confused about her reasons for the visit. The man denied attempting to influence his daughter and maintained he wished to see her welfare. The Court of Appeal hearing continues later this month before Mr Justice John Edwards, Ms Justice Máire Whelan and Mr Justice Patrick McCarthy. The unnamed 47-year-old pleaded not guilty.
Paula Farrell, 44, mother of three, was charged with murdering her partner Wayne McQuillan, 30, and had been sentenced to life imprisonment after a jury found her guilty. She had pleaded not guilty at her home on 1 January 2014. The Court of Appeal quashed her conviction earlier this year and ordered a retrial, but she did not apply for bail and remained in custody. On 21 December 2018 she applied to the Central Criminal Court for compassionate bail to spend Christmas with her family. Her barrister, Edward Doocey BL, presented a sworn affidavit to Mr Justice Michael White, noting that she had been on bail until her conviction in July 2015 and had complied with all conditions.
Eve Doherty, 50, was found guilty by a jury at Dublin Circuit Criminal Court of harassing State solicitor Elizabeth Howlin between September 2011 and March 2013 by sending abusive letters and emails. She was convicted of harassing a State solicitor and was sentenced to three years imprisonment in January 2018. Doherty was found not guilty on two counts of making false statements in March 2012, where she claimed Ms Howlin was perverting the course of justice. She has appealed her conviction on more than a dozen grounds, including that the State retained her data under the Communications (Retention of Data) Act 2011, which she argues was "doomed" under EU law. The Court of Appeal has reserved its judgement. The appeal focuses on the legality of the data used by the prosecution and the alleged breach of EU privacy directives. The case remains at the appeal stage, with no further outcome announced.