Graham McEvoy, a 20-year-old from Crumlin, has lost his appeal against his conviction for the murder of Paul Curran. McEvoy had admitted stabbing Curran at Seagull House on Crumlin Road in Dublin on July 16, 2016, but originally denied the charge of murder, claiming self-defence. He was found guilty by a Central Criminal Court jury in a majority 11-1 verdict and sentenced to a mandatory life term by Mr Justice Patrick McCarthy on December 18, 2017. McEvoy appealed on the ground that the trial judge erred in allowing a Garda to explain a witness's use of the phrase "got a stripe," arguing this invited speculation about motive. The Court of Appeal, presided over by Ms Justice Isobel Kennedy with Mr Justice George Birmingham and Mr Justice John Edwards, dismissed the appeal. The court held the evidence was admissible and that the clarification merely explained the term's context without suggesting a revenge motive. The judges found no indication that the trial was unsatisfactory or the conviction unsafe, thereby upholding the original finding of guilt and the mandatory life sentence.
Michael Cummins, aged 32, of Applewood Avenue, Swords, pleaded guilty to stealing an iPhone, making a threat to kill, burglary, false imprisonment and assault in Swords on 9 August 2017. He threatened to pour acid into a boy's eye and to blow up their house, actions that occurred during a drug‑induced paranoid episode. The Dublin Circuit Criminal Court sentenced him to two years' imprisonment on 27 February 2018. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal added a two‑year suspended sentence, to be applied upon his release. Cummins' final net sentence is four years' imprisonment, with the last two years suspended. The case involved two teenage boys, aged 13 and 15, who were falsely imprisoned and threatened with violence. The Court noted Cummins' 230 prior convictions and the serious nature of the offence, including a racial element. The suspended sentence will be activated if he reoffends.
Gerard Manning, aged 38, of Limerick but originally from Belturbet in County Cavan, has had his murder conviction upheld following an appeal to the Court of Appeal. Manning was convicted in 2013 of murdering Martin Purcell, a 54-year-old father-of-two, at his home on Wickham Street in Limerick in September 2011. Mr Purcell sustained 41 wounds and died from a throat laceration that severed his jugular vein. Manning had pleaded not guilty and denied knowing the victim, but forensic evidence including his fingerprints found in the victim's blood proved decisive at trial. A jury returned a guilty verdict by majority, and Manning received the mandatory life sentence. The Court of Appeal dismissed grounds of appeal relating to the admission of evidence, including a knife found near Manning's flat, and alleged non-disclosure by gardaí. The court determined the trial was satisfactory and the conviction safe. Gardaí have stated no motive for the killing has been established.
The Court of Appeal has adjourned the matter, reserving its judgment on an appeal by the Director of Public Prosecutions (DPP) against the sentence imposed on Michael Cummins. Cummins, a 32-year-old man from Swords with 230 previous convictions, pleaded guilty to stealing an iPhone, making a threat to kill, burglary, false imprisonment, and assault in Swords on August 9, 2017. He was sentenced to two years' imprisonment by Judge Martin Nolan on February 27, 2018. The DPP is seeking a review of this sentence on the grounds that it was "unduly lenient." During the appeal hearing, counsel for the DPP, Maurice Coffey BL, highlighted the "bizarreness" of the incident and questioned how aggravating and mitigating factors were balanced, noting that the sentencing judge had not indicated a headline sentence. The three-judge panel, presided over by Mr Justice George Birmingham with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, heard the arguments and reserved its judgment. Consequently, the matter was adjourned, and Cummins must wait to hear whether his two-year jail term will be increased.
An autistic man, Alyn Maginn, 41, pleaded guilty to possessing over €600,000 worth of heroin and cocaine at Dublin Airport on 7 July 2017. He was found in a car park, having arrived from Malaga, Spain, and was arrested after a customs officer searched his vehicle. The drugs, valued at €591,752 for heroin and €16,833 for cocaine, were seized. Maginn had not imported the drugs; they were already in the car. A co‑accused, Martin Gilroy, 34, owned the drugs and received a seven‑year sentence. Judge Martin Nolan, on 23 February 2018, imposed a wholly suspended five‑year sentence on Maginn, citing his autism, borderline cognitive ability and the claim that he was manipulated by Gilroy. The Director of Public Prosecutions is seeking a review, arguing the sentence was unduly lenient, while the Court of Appeal has reserved its judgement. The case remains at the appeal stage.
In a Court of Appeal hearing, lawyers argued that the protection preventing a person from testifying against a spouse should extend beyond the 1992 definition of "nuclear family." 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 the Criminal Justice Act 2006. The men, each charged with attempting to pervert the course of justice in 2012, had been acquitted by the trial judge. The appeal, originally moved with prejudice, was advanced without prejudice after the men married their partners. The Court of Appeal noted that spousal protection should apply to ongoing relationships, but the judge's ruling was not yet final. The case remains pending for a potential retrial.
The State Examinations Commission and the Minister for Education and Skills have appealed certain aspects of a High Court judgment that allowed student Rebecca Carter to take up a place in veterinary medicine at University College Dublin. The appeal was briefly mentioned before Mr Justice Mary Irvine at the Court of Appeal on Friday. Nuala Butler SC, representing the Minister, stated that the client wished to appeal specific parts of the judgment and sought the earliest possible hearing date. Ms Justice Irvine listed the appeal for late May but expressed hope it could be heard earlier. Ms Carter, of Rectory Hall, Castlebridge, Wexford, will participate as 'legitimus contradictor.' It is understood that her legal costs have been indemnified by the State appellants. The original High Court judgment, delivered by Mr Justice Richard Humphreys, ruled that the appeals process was highly unfair and not fit for purpose. The Minister and Department of Education were directed to review the process to ensure appeals are completed before the start of the academic year in 2019. The outcome of the current appeal will not affect Ms Carter's place at UCD, nor will she be liable for legal costs if the appellate court finds in the State parties' favour. The matter remains at the appeal stage.
John Kelly, 51, was found guilty of arson for setting fire to his family home in Bruhenny, Churchtown, Mallow, Co Cork, on 18 December 2016. At the time, four children aged 11, eight, six and two were inside. He was sentenced by Cork Circuit Criminal Court to seven years imprisonment, with the final two years suspended. The Court of Appeal upheld this sentence. The judge noted that Kelly had returned home for Christmas holidays, an argument with his wife had escalated, and he felt "a fool was being made of him" on her Facebook page. He set two fires upstairs, removed the children, locked the door, and set a third fire downstairs. The house was destroyed, and the family relied on HSE accommodation. Kelly pleaded guilty, had no prior convictions, and was described as a good supporter for his family.
Two Leaving Cert students were formally expelled from their secondary school after they filmed and posted a classmate snorting white powder during a lesson. The students appealed to the Department of Education, which has set up a Section 29 Committee to review the case. They obtained High Court injunctions that allow them to remain at school for the current academic year while the appeal is pending. The injunctions were granted by Mr Justice Max Barrett, who noted that the students had not consumed any illegal substance and that the incident was unplanned. The school's board confirmed the expulsion after the injunction was granted, citing the students' behaviour as a serious threat to school order. The Court of Appeal has scheduled the appeal of the injunction for March 28, while the Section 29 Committee will consider the case between January 9 and 21.
Luke Foran, aged 21, pleaded guilty to burglary, criminal damage, vehicle theft and theft offences between March and May 2017. He entered a family‑owned garage in Fairview on 12 March 2017, ransacked the premises, set off a fire extinguisher, stole a BMW, damaged other cars and the garage's electronic shutters, crashed the BMW into a pole, stole a Hyundai and set it on fire at Dublin Port. The garage suffered €20,300 in damage. In May 2017 he ransacked an 81‑year‑old woman's home, stole her purse and €150, withdrew €1,480 from her account, and caused damage to her window and door. Foran had 33 prior convictions. The Court of Appeal increased his sentence to five years' imprisonment, with the final 12 months suspended, citing the severity of the offences and his extensive criminal record. The sentence was reduced by a year for his early guilty plea, youth and engagement with rehabilitation services.
Eve Doherty, a former detective sergeant, moved to appeal her conviction for harassing State solicitor Elizabeth Howlin. Doherty was found guilty by a jury at Dublin Circuit Criminal Court of sending abusive letters and emails to Ms Howlin between September 2011 and March 2013. She was found not guilty on two counts of making false statements. In January 2018, Judge Melanie Greally sentenced Doherty to three years imprisonment, describing the communications as containing outright and "scurrilous" lies. Doherty, who maintains her innocence, argued that the conviction should be overturned because the State retained technical evidence, including a static IP address and data from a Canadian server, under the Communications (Retention of Data) Act 2011. Her counsel, Michael O'Higgins SC, contended that this Act was "doomed" and breached EU law, which had been struck down by European Courts. He submitted that the trial judge erred in failing to exclude this evidence, as well as other documents and an email regarding the Garda Commissioner, citing privacy breaches and lack of authorship proof. The appeal panel, led by President George Birmingham, heard that the 2011 Act was the law of the land at the time of the alleged offences. The matter was adjourned, with the DPP's counsel, Kerida Naidoo SC, scheduled to make submissions on Thursday next.
The Irish Supreme Court is set to determine a landmark extradition appeal concerning Artur Celmer, a 31-year-old man wanted in Poland on drugs trafficking charges. Celmer was arrested in Ireland under a European Arrest Warrant, and his proposed surrender was ordered by Ms Justice Aileen Donnelly in the High Court. However, she noted that the High Court's interpretation of a Court of Justice of the EU ruling regarding Poland's justice reforms was not clear-cut, encouraging a leapfrog appeal to the Supreme Court in the public interest. President of the Court of Appeal, Mr Justice George Birmingham, permitted this application, with the State supporting it. The core legal question is whether systemic deficiencies in judicial independence in an EU member state are sufficient, on their own, to establish substantial grounds for believing a specific accused's fair trial rights would be breached. Earlier proceedings involved Ms Justice Donnelly seeking assurances after Poland's Deputy Justice Minister, acting as applicant, referred to Celmer as a dangerous criminal. While Judge Joanna Bitner assured the High Court that such statements were irrelevant to judicial independence, Judge Piotr Gaciarek testified that recent legislative changes posed serious threats to the Polish justice system, citing disciplinary actions against judges who criticized government amendments. The matter remains at the appeal stage, with the Supreme Court yet to deliver its final determination.
Michael Sheehan, 29, of Cliona Park, Moyross, Limerick, pleaded guilty to dangerous driving that caused serious bodily harm to three elderly men on September 25, 2014, after a burglary spree. The victims were 79‑year‑old former hurler Eric Ryan, who lost a leg; William Barry, a retired Garda in his 70s, who suffered brain bleeding; and Dermot O'Brien, also in his 70s, who escaped injury but later died. Sheehan also pleaded guilty to two burglary counts on the same date and had more than 50 prior convictions. He admitted drinking eight bottles of cider and a naggin of vodka before the incident. Judge Tom O'Donnell sentenced him to five years' imprisonment, with a concurrent 12‑month term for the burglaries, and added a three‑year sentence for a May 2014 burglary. Sheehan had planned to appeal the sentence, but after the Court of Appeal's warning that sentences could be increased, his lawyer withdrew the appeal.
In a 2018 decision, Judge Martin Nolan refused insurers' request for costs of two trials involving former Anglo Irish Bank senior executive Tiarnan O'Mahoney, aged 59, who had been acquitted of conspiracy to falsify records and defraud the Revenue Commissioners. The 2017 trial, a retrial after a 2014 conviction was quashed, had seen O'Mahoney plead not guilty to offences alleged between 25 March 2003 and 31 December 2004, linked to eight bank accounts associated with former CEO Sean FitzPatrick. Brendan Grehan SC argued that the insurer's policy covered O'Mahoney's legal costs, while Dominic McGinn SC contended that the Court of Appeal had only awarded costs for the appeal, not the original trial. Judge Nolan acknowledged insurers could recover costs if they pursued that route but ultimately made no order for the insurers' application, noting no financial distress or extraordinary circumstances. He also declined to grant the DPP's application for costs.
Lawyers for Henry Alinta, 44, who was found guilty of money laundering under Section 7.1 of the Criminal Justice Money Laundering and Terrorism Financing Act 2010, have asked the Court of Appeal for guidance on how the complex legislation should be explained to juries. Alinta was convicted by a jury at Trim Circuit Criminal Court after 27 minutes of deliberation and sentenced to four years' imprisonment, with the final 18 months suspended by Judge Michael O'Shea. He was released early from serving his sentence. Alinta is appealing on the grounds that the trial judge allegedly confused the jury on the presumption of innocence and the burden of proof, and that the verdict was perverse given the dense, difficult language of the legislation. His barrister, Pauline Walley SC, argued that the judge failed to bridge the distinction between the burden of proof and the shifting presumptions, and that the legislation is widely drafted and complex. Henry Alinta pleaded not guilty.
A 76-year-old retired teacher, who cannot be identified for legal reasons, is appealing a High Court decision that refused to prohibit his trial on 16 charges of indecently assaulting eight male pupils in a south Dublin school between September 1968 and June 1969. A ninth pupil has also made similar allegations. The defendant, who denies the accusations, argued in the High Court that the deaths of 16 potential witnesses, including staff and inspectors, created a real risk of an unfair trial. Mr Justice Paul McDermott rejected this, finding the case not wholly exceptional. In the Court of Appeal, counsel Patrick Gageby SC submitted that the High Court judge devalued the loss of these irreplaceable witnesses, who could have described the classroom layout and the unlikelihood of the alleged abuse occurring in full view of others. He also highlighted a chronological inconsistency regarding a threat to raise the abuse on a television show that did not start until 1973. The Court of Appeal, comprising Mr Justice John Edwards, Mr Justice Patrick McCarthy, and Ms Justice Isobel Kennedy, reserved its judgment. The court acknowledged the age of the case and stated it would endeavour to deliver its decision as early as possible. The matter was adjourned, with a trial date fixed for April.
Two individuals were acquitted in Louth Circuit Criminal Court after their lawyers argued that the search warrant used to investigate a "diesel laundering factory" was invalid, leading to exclusion of all evidence obtained under that warrant. The trial judge's ruling resulted in their acquittals. The Director of Public Prosecutions has now appealed the acquittals on a point of law, claiming that the Circuit Court judge incorrectly excluded evidence of paraphernalia linked to diesel laundering. The DPP argues the warrant was issued on misleading information and that the judge failed to properly assess the credibility of the source. The acquitted parties' counsel maintains there was insufficient evidence and that the warrant was based on confirmation bias. The Court of Appeal will decide whether to quash the acquittals and order a retrial.
Rafael Tiso, 33, was convicted of raping an intoxicated woman in a lane behind Harcourt Street, Dublin, on 18 January 2016. He pleaded guilty to rape, oral rape, aggravated sexual assault and assault causing harm. The victim, 23, suffered a deep tear to her rectum and could not recall the incident. Tiso was sentenced to 14 years imprisonment with the final year suspended on 1 November 2016. On appeal, the Court of Appeal reduced the term to 12‑and‑a‑half years, with the final 12 months suspended, citing the early guilty plea and the circumstances of his non‑national status. The appeal was heard by Mr Justice George Birmingham, Mr Justice John Edwards and Ms Justice Máire Whelan, and the final sentence was 12‑and‑a‑half years imprisonment with 12 months suspended. The case was completed within ten months.
In a 2018 Court of Appeal decision, the court found that a District Court judge had erred in dismissing charges against James Kelly, a Dublin protestor, for obstructing a flatbed truck operated by an Irish Water contractor on York Road, Dun Laoghaire, on 18 May 2015. Kelly was charged under Section 9 of the Criminal Justice (Public Order) Act 1994 for preventing or interrupting the free passage of the vehicle without lawful authority or reasonable excuse, and under Section 8 for failing to comply with a Garda direction. The District Court judge, Anne Watkin, dismissed both charges, citing uncertainty about the presence of lawful authority or reasonable excuse and the sergeant's reasonable suspicion. The Court of Appeal, led by Mr Justice George Birmingham, held that the evidence clearly showed deliberate blocking of the truck's free passage without lawful authority or reasonable excuse, and that the judge's dismissal was incorrect.
Michael Collins, who had a recent bail address at Mellows Park in Finglas, pleaded guilty to handling stolen property in Enniscorthy on 1 February 2015. He was found guilty of three counts involving stolen power tools worth almost €7,000 and two high‑quality bicycles worth just under €2,000. The owner had reported a burglary a few days earlier and Collins recognised the tools by their distinctive yellow cables. He was sentenced to 10 months' imprisonment, with the final four months suspended for five years, by Judge Barry Hickson. Collins' lawyers sought a judicial review, arguing the five‑year suspension was disproportionate, but the High Court rejected the appeal and the Court of Appeal upheld that decision. Justice Isobel Kennedy confirmed there is no statutory limit on the length of a suspended sentence and that the judge's decision was proportionate and evidence‑based.
In a Special Criminal Court case, Dublin men Conor Hughes (41) and Darren Fox (28) pleaded guilty to unlawful possession of a Winchester 12‑gauge, sawn‑off, double‑barrel shotgun and two 12‑gauge cartridges. The weapons were seized on 31 October 2015 in a stolen car in Limerick, where a loaded shotgun, a jerry can of petrol and matches were found. The men were wearing gloves and hoodies, and the shotgun's serial number had been removed. Both had clean criminal records. The court sentenced them to seven years' imprisonment on 2 October 2017, a sentence upheld by the Court of Appeal on 4 December 2018. The appeal was dismissed, with the Court of Appeal noting the seriousness of a sawn‑off shotgun, its readiness to fire, and the connection to IRA activity as factors justifying the sentence.
Dominic Downes, aged 23, pleaded guilty to aggravated burglary of a house in Hazel Park, Newcastle, on 24 September 2016. He was sentenced by Judge Rory McCabe at Galway Circuit Criminal Court to six years imprisonment on 18 July 2017. Downes appealed against the severity of his sentence, but the Court of Appeal dismissed the appeal, holding that the six‑year term was within the range available to the Circuit Court judge. The Court of Appeal, presided over by President Mr Justice George Birmingham, noted that Downes entered the house armed with a hunting knife and a hatchet, both of which had been stolen the day before, indicating premeditation. A bag containing €1,760 worth of stolen property was dropped during the escape, and the burglary caused significant injury to the occupants, including PTSD and a move out of the house. Downes had a history of criminal activity and drug problems, and had committed further offences while on bail.
Seán Garvey, aged 52, of Hartland's Avenue, The Lough, was found guilty of sexually assaulting a 10‑year‑old girl at a Cork house on 6 February 2016. He pleaded not guilty but was convicted by a jury and sentenced on 1 June 2017 to seven years' imprisonment, with the final two years suspended. The victim, who is not related to Garvey, was awakened around 3 a.m. when he lifted her from bed, dragged her downstairs by the wrist, and touched her vagina and chest while attempting to remove her clothes. She managed to kick him, escape, and alert an adult. Garvey's appeal against the sentence was dismissed by the Court of Appeal, which found no error in principle. The judge noted Garvey's good work record, medical stress and anxiety, and prior unrelated convictions, but emphasised the seriousness of the offence and its impact on the victim and her family. The appeal was therefore dismissed.
In a case watched by the Polish Embassy in Dublin, Polish national Dariusz Alchimionek, aged 44, was found guilty of manslaughter and assault causing harm to Adam Gorman, the brother of 19‑year‑old John Gorman, after a vehicle he drove collided with their car on 29 December 2015. The incident occurred while the brothers were returning from Tullamore. Alchimionek claimed he believed the Islamic State would invade Europe and trigger a world war. Consultant psychiatrists for both sides agreed he met the criteria for not guilty by reason of insanity, yet the jury, after 2 hours 50 minutes of deliberation, returned a 11‑1 guilty verdict on both counts. He was sentenced to nine years' imprisonment, with the final three years suspended. Alchimionek has appealed, arguing the verdict was "perverse" and seeking treatment in the Central Mental Hospital. The Court of Appeal has scheduled a hearing for 24 January, with the Polish Embassy observing the proceedings.
In November 2018 the Court of Appeal heard an appeal by the Director of Public Prosecutions (DPP) against the acquittal of a motorist charged with dangerous driving causing the death of another driver in Munster in 2014. The case centred on the accused's car crossing 1.7 metres into the oncoming lane before colliding with the deceased's vehicle. The accused had not been drinking, speeding or using his mobile phone in the 42 minutes before the incident, and no medical, vehicle or environmental factors were found to have contributed. The trial judge had directed the jury to acquit on the basis of insufficient evidence for the charge of dangerous driving causing death, and no alternative charge such as careless driving was considered.
Tiarnan O'Mahoney, 58, former Chief Operations Officer of Anglo Irish Bank, is seeking legal costs for his original 2015 trial and the retrial that led to his acquittal. In 2015 he was found guilty of furnishing false information and conspiring to defraud the Revenue and delete accounts linked to former CEO Seán Fitzpatrick. He successfully appealed in March 2016, arguing that many documents were wrongly admitted and that the false‑information charge was outside the ten‑year limitation. The Court of Appeal ordered a retrial, which Judge Martin Nolan directed to acquit O'Mahoney on all charges. The Court of Appeal had awarded costs for the successful appeal, but the issue now is whether O'Mahoney is entitled to costs for the original trial and retrial. The matter will be heard by Judge Martin Nolan next Monday. The case also involved former company secretary Bernard Daly, who was acquitted, and assistant manager Aoife Maguire, whose conviction remains.
The High Court has permitted an appeal in the extradition case of Artur Celmer, a 31-year-old man wanted by Poland to face trial on drugs trafficking charges. Ms Justice Aileen Donnelly, who previously ordered Celmer's surrender, granted the appeal on the basis that her interpretation of a Court of Justice of the EU ruling was not "clear cut" and that another view might prevail. She proposed that the matter be formalised for a higher Irish court, suggesting a "leapfrog" appeal directly to the Supreme Court due to the case's impact on other extradition proceedings. The core legal question is whether generalised systemic deficiencies in an EU member state's judicial independence are sufficient to establish a specific risk to an accused's fair trial rights. A stay on the surrender order was imposed for 11 days. The proceedings also addressed allegations regarding Poland's justice reforms. While Poland's Deputy Justice Minister was quoted as calling Celmer a "dangerous criminal" connected to a "drugs mafia," Judge Joanna Bitner of the Warsaw Regional Court assured the High Court that such statements were irrelevant to judicial independence. Conversely, Judge Piotr Gaciarek testified that recent laws and their practical operation posed "very serious threats" to the Polish justice system, citing disciplinary actions against judges who criticised government amendments aimed at placing courts under political control.
Shane Murphy, 31, of Cork, pleaded guilty to two thefts and dangerous driving that caused serious harm to a six‑month‑old baby on Blackrock Road in March 2017. The baby's skull was fractured after the mother was knocked to the ground and the buggy was swept against a wall. Murphy, the driver, fled the scene after retrieving stolen items and had previously stolen from two retail stores. He was sentenced to six years' imprisonment with the final year suspended, a sentence upheld by the Court of Appeal. The judge noted Murphy's 104 prior convictions, including two hit‑and‑run offences, his intoxication, disqualification, and the aggravating circumstances. The appeal was dismissed, confirming the original sentence. The baby continued treatment at the time of sentencing.
In a Dublin case, Afghan national Muhammed Tajik, aged 28, pleaded guilty to assault causing harm after attacking his pregnant wife, Susan Wombsley, on 8 December 2015. Tajik allegedly grabbed Wombsley's neck from behind, punching her in the head and face until she passed out, causing a broken jaw on both sides. The Court of Appeal upheld a three‑year prison sentence imposed by Mr Justice Patrick McCarthy, finding no error in principle. The appeal was dismissed by a three‑judge panel, including Mr Justice John Edwards, who noted that the couple had married in Turkey, moved to Dublin, and faced financial difficulties. Wombsley had recently secured employment, which was cited as a source of dispute. Tajik sent apologetic messages after the assault but denied responsibility until presented with them. The court rejected arguments that his new relationship or church involvement mitigated the offence. The sentence remains in force.
In November 2018 the High Court granted injunctions allowing two Leaving Certificate students to return to school while their case against the school's board of management was pending. The students had filmed and posted a video of a fellow pupil snorting white powder, which the school said threatened order and discipline. The board had preliminarily decided to exclude them, a decision the students challenged as unfair, disproportionate and flawed. Justice Max Barrett ruled that the injunctions would permit the students to attend school for the current academic year, noting that the incident involved no illegal substance and that the students' future education was at stake. He acknowledged that the disciplinary process would continue and that the injunction did not alter the board's authority. The board sought an appeal and a stay, but the court declined to grant one and awarded the students legal costs for the injunction application.
A man convicted of murdering a Romanian national at a brothel in Cavan six years ago is awaiting the outcome of his appeal against conviction at the Court of Appeal. Przemyslaw Trebacz, a Polish national aged 39, of Bramble Rise, Killynebber, Cavan, received a mandatory life sentence in February 2014 after a Central Criminal Court jury returned a majority guilty verdict for the killing of Costel Catalin Cretu on 13 or 14 October 2012 at Connolly Court, Cavan. Trebacz maintained his innocence regarding the murder charge, though he admitted criminal damage. His defence argued he sought services as a customer, while the prosecution contended he and another man attended to commit robbery. The appeal challenged the trial's adequacy, questioning the judge's direction to the jury and the reliability of a key female witness. The Director of Public Prosecutions' counsel cited corroborating evidence from a taxi driver. The Court of Appeal reserved judgment. Przemyslaw Trebacz pleaded not guilty.
Brian Quinn, a 51-year-old psychiatric nurse from Balbriggan, Co Dublin, was convicted by a jury at Dublin Circuit Criminal Court of intentionally or recklessly causing serious harm to Lee Harte. The incident occurred on October 9, 2011, following an altercation outside Quinn's former residence in Tallaght. Prosecution evidence stated that Quinn stabbed Harte in the leg and stomach after Harte intervened to protect his cousin. Harte, who was 18 at the time, required surgery and reported long-term trauma and career disruption in a victim impact statement. Judge Patrick Quinn sentenced Quinn to five and a half years' imprisonment, with the final two years suspended on condition he keep the peace and be of good behaviour for two years post-release. Additionally, Quinn received a concurrent two-year sentence for using an offensive weapon. The judge ordered credit for the two years and one month Quinn had already served following a previous conviction that was later quashed by the Court of Appeal. Defence counsel Giollaíosa Ó Lideadha SC argued the incident occurred during an attack by multiple individuals and highlighted Quinn's lack of prior convictions. The judge acknowledged mitigating factors, including Quinn's loss of employment and good character, while noting the tragedy of the case and Harte's innocence.
Krzysztof Wojtalski, a 37-year-old resident of Newtown, Co Carlow, has lost his appeal against sentence for cultivating cannabis. Wojtalski, who pleaded not guilty, was found guilty by a jury of cultivation and possession of cannabis for supply following a search of his property on April 16, 2015. Gardaí discovered an elaborate bunker under a pig shed containing 30 mature and 115 immature plants, valued at €32,000. Although Wojtalski claimed the plants were hemp for personal use, the Court of Appeal noted he was described as having an attachment to cannabis. The sentencing judge had imposed a four-year prison term, reducing a five-year headline sentence to account for a skin condition. The judge highlighted that Wojtalski had previously received suspended sentences for similar offences in Ireland and had also offended in Poland, indicating that prior penalties did not dissuade him from further offending. President of the Court of Appeal, Mr Justice George Birmingham, sitting with Mr Justice John Edwards and Ms Justice Isobel Kennedy, dismissed the appeal. The court held that the four-year sentence fell within the available range and that the one-year reduction sufficiently reflected mitigating factors. The appeal was therefore dismissed, leaving the original sentence intact.
Sean Healy, a 28‑year‑old from Beechpark, Cahir, withdrew an appeal against a €20,000 compensation order after the Court of Appeal warned that custody could be reconsidered if he proceeded. Healy had pleaded guilty to assault causing harm to former hackney driver John Bailey in March 2017. Bailey, who had run a hackney in the Burncourt area, ended his business after the assault. Healy received a wholly suspended three‑and‑a‑half‑year sentence and was ordered to pay €20,000, with a two‑year payment period. His barrister sought to limit the appeal to the compensation order, citing the amount's burden. The Court of Appeal's President, Mr Justice George Birmingham, reminded the counsel that all aspects of the sentence, including the suspended term, could be considered, potentially bringing custody back into play. Following this, Healy chose to withdraw the appeal.
A man convicted in February of sexually assaulting and raping his daughter in County Mayo between 2006 and 2010 has brought a motion before the Court of Appeal seeking to adduce new evidence. The Central Criminal Court had sentenced the 47-year-old to fifteen years imprisonment, with the final year suspended, after finding him guilty of multiple offences committed when the complainant was aged seven to eleven. At the Court of Appeal hearing, the accused's counsel submitted that the victim subsequently recanted her evidence, allegedly admitting she had told lies during trial. Evidence was heard from the man's former solicitor corroborating claims of such an admission. The victim was scheduled to give evidence via video link but had left the jurisdiction and would not be available for cross-examination. The three-judge court ordered her evidence to be heard on 11 January next. The defence challenged the trial judge's conduct, contending that the complainant received unfair preferential treatment. The hearing resumes before Mr Justice John Edwards, Ms Justice Máire Whelan and Mr Justice Patrick McCarthy. The unnamed 47-year-old pleaded not guilty.
The Court of Appeal has refused an application by an unnamed 45-year-old man for an extension of time to appeal his sentence. The defendant, whose identity is protected to preserve victim anonymity, pleaded guilty at the Central Criminal Court to representative counts of rape, sexual assault, and anal rape committed between 1989 and 2001. He was sentenced to consecutive terms totalling 14 years on November 11, 2016, for abusing three young relatives. His counsel, Roderick O'Hanlon SC, argued the client intended to appeal within the 28-day window but was overwhelmed by the sentencing process and incarceration. However, the application was lodged in March 2018, approximately 16 months late. President of the Court of Appeal, Mr Justice George Birmingham, sitting with Mr Justice John Edwards and Ms Justice Máire Whelan, rejected the request. The court held that the victims were entitled to closure and that reopening the case so long after the fact would deny them the ability to move forward. The judges noted that no discrete grounds of appeal were identified beyond a formulaic claim that the sentence was severe. The panel emphasized the public interest in finality and the necessity of allowing victims to put the matters behind them, thereby refusing the extension of time.
Kevin Carroll, a drama teacher from Birr, Co Offaly, withdrew his appeal against the severity of his sentence after the Court of Appeal warned it had the power to increase his term. Carroll, 58, had pleaded not guilty to two categories of raping a girl aged between six and eight at an Offaly school between 1996 and 1998. He was found guilty on both counts by a jury at the Central Criminal Court and sentenced to 10 years imprisonment by Ms Justice Margaret Heneghan on February 26, 2016. Carroll previously lost an appeal against his conviction in July. During today's proceedings, President of the Court of Appeal Mr Justice George Birmingham told Carroll's lawyers that the court possessed its "full range of powers." Later that morning, Carroll's barrister, Roderick O'Hanlon SC, informed the court that the appeal against the sentence was being withdrawn. The three-judge panel, which included Mr Justice John Hedigan and Ms Justice Marie Baker, had earlier dismissed Carroll's unsuccessful appeal against his conviction. In that decision, the court rejected the defence argument that a juror's facial expression constituted improper communication, stating that such reactions are part of the human element of jury trials and did not interfere with the process. The court found the trial satisfactory and the verdict safe.
Jonathan Chubb, a 38‑year‑old former property investor from Dublin, pleaded guilty to 34 counts of theft and one count of money laundering for stealing deposits from 11 would‑be tenants between March 2013 and July 2015. He also admitted to providing a false reference, deception and possession of a forged driving licence. The victims had believed Chubb was the landlord of an apartment at Oblate View, Tyrconnell Road, and were left homeless, including a woman who had no family support and her eight‑year‑old daughter. Chubb's fraudulent activities netted almost €50,000. He was sentenced on 1 June 2018 to seven‑and‑a‑half years' imprisonment, with the final 18 months suspended. Ten weeks after the sentencing, he lodged an appeal for a reduction in the severity of the sentence.
Eddie Barnaville, a former kickboxing champion, has lost his appeal against the severity of his sentence for two robberies committed within 24 hours of each other in Thurles in January 2016. Barnaville pleaded guilty to the offences, which involved violently assaulting victims on Liberty Square and Kickham Street. At Nenagh Circuit Criminal Court on April 28, 2017, Judge Thomas Teehan imposed consecutive five-year sentences, totalling 10 years, with the final four years suspended. The Court of Appeal, presided over by Mr Justice John Edwards alongside President Mr Justice George Birmingham and Mr Justice Patrick McCarthy, dismissed the appeal. The court held that the sentencing judge correctly assessed the gravity of the offences, noting the victims were in vulnerable, semi-conscious states when subjected to extreme violence. Mr Justice Edwards described the sentencing approach as "impeccable" and the four-year discount for mitigation as adequate and generous. The court rejected the argument that the gravity was over-assessed, emphasizing that Barnaville's culpability was significant due to his prior convictions and the gratuitous nature of the attacks. The appeal was dismissed, upholding the original sentence.
John Daly (58), the appellant, pleaded guilty to five acts of gross indecency with a mentally impaired person on unknown dates between 2016 and 2017. The matter is at the appeal stage, where Judge Melanie Greally addressed the sentencing. Prosecution evidence, presented by Lisa Dempsey BL, alleged that Daly threatened the complainant with death and burning if he did not comply with the acts, which included rubbing his penis over the male and performing oral sex. Daly claimed during interview that the behavior was consensual. Defense counsel Luigi Rea BL submitted that Daly has an intellectual disability and that his guilty plea was valuable to the investigation. Judge Greally noted Daly's significant and concerning record of sexual misconduct, including a prior six-year sentence from the Court of Criminal Appeal in 2000 for rape and other sexual crimes, and a partially suspended four-year sentence served for assaulting two teenage girls in 2011. The judge imposed an 18-month sentence for one of the latest charges. Daly was remanded in custody until next year, when the court will deal with the remaining four counts on the indictment. The matter was adjourned for the sentencing of the remaining charges.
The Court of Appeal has dismissed an appeal by Eugene Costello against 2017 High Court injunctions that restrain him from placing animals on lands in Coolfree, Taughmaconnell, Ballinasloe, Co Roscommon. The three-judge panel, comprising Mr Justice Michael Peart, Ms Justice Mary Irvine, and Ms Justice Marie Whelan, upheld the orders granted by Mr Justice Michael Twomey. The appeal also failed regarding the High Court's dismissal of Costello's application to strike out proceedings brought by applicant Carlisle Mortgages. Carlisle Mortgages claims approximately €1.4m remains outstanding on a 2004 loan of €440,000 secured by the land, which it seeks to sell following a 2006 possession order. Costello has alleged the transaction was fraudulent, a claim Carlisle denies. The court rejected Costello's argument that Carlisle needed to renew its execution order of possession before seeking the injunction, noting that Carlisle obtained possession in 2014 after Costello purged a prior contempt. The judges stated that any subsequent adverse action by Costello constituted trespass. Costello has been jailed three separate times for contempt of High Court orders directing him to remove livestock from the lands. Most recently, Mr Justice Twomey jailed him for three weeks for failing to comply with the 2017 injunction, following a one-week jail sentence in January of this year for similar non-compliance. He was also jailed in 2014 for breaching undertakings to remove livestock, from which he was released after purging his contempt.
Kathleen Stokes, 43, of St Anthony's Park, Knocknaheeny, Cork, was sentenced to three years' imprisonment for possessing a stolen safe near Faggot Hill, Clogheen, in April 2017. She was arrested with two children, one of whom was her son, an aggravating factor. At sentencing, her husband was also serving a prison term. Stokes had 32 prior convictions, including burglary and theft. Her appeal was dismissed by the Court of Appeal, which upheld the three‑year sentence. The court noted that the trial judge's remarks on a Healthy Minds report were "quite disparaging" and that the judge's handling of submissions was "not engaging as he should have done." The Court of Appeal found the sentence proportionate to the seriousness of the offence and Stokes' poor record. The decision was made by a three‑judge panel, including Mr Justice Brian McGovern. Kathleen Stokes pleaded not guilty.
A 19‑year‑old man was sentenced to two years' imprisonment after an appeal reduced his original three‑year term for defiling a 14‑year‑old girl. The girl, who had attended a teenage disco in Dublin, was taken by the accused from a garage and forced to perform oral sex in his car. She was later dropped off near her home, visibly upset, and reported the incident to the Gardaí. The man pleaded guilty to one count of engaging in a sexual act with a girl under 15. Judge Melanie Greally had originally imposed a four‑year sentence with the final 12 months suspended. On appeal, Mr Justice George Birmingham re‑sentenced him to two years' imprisonment with 12 months of post‑release supervision, citing mitigating factors such as the victim's intoxication, the accused's apology, admissions, guilty plea, lack of prior convictions, intellectual limitations, and supportive family background.
The High Court has ordered the extradition of a Roscommon man wanted in the United Kingdom for involvement in a £5 million tax fraud. Thomas Joseph O'Connor, aged 50 and resident at Cloughbeirne, The Walk, County Roscommon, was convicted at Blackfriars Crown Court in London in January 2007 following a six-week trial and sentenced to four years and six months imprisonment for defrauding the British revenue. He failed to attend his sentencing hearing while on bail and faces additional charges of absconding. O'Connor had opposed his extradition on various grounds, including concerns related to Brexit. However, the Supreme Court dismissed his appeal on 24 October 2018, with Chief Justice Frank Clarke stating he had been afforded ample opportunity to raise relevant objections. Justice Aileen Donnelly ordered his surrender to UK authorities effective 31 October 2018.
The Court of Appeal has upheld the prison sentence of Dylan Cahill, a 24-year-old from Lower Irishtown, Clonmel, Co Tipperary, who pleaded guilty to serious firearms and explosives offences. Cahill admitted to possessing a .380 calibre Colt semi-automatic pistol and four rounds of ammunition, as well as two improvised explosive devices, or pipe-bombs, at Sradrine, Glefarne, Co Leitrim, on May 13, 2015. These admissions were made at the non-jury Special Criminal Court, where Ms Justice Isobel Kennedy, presiding with Judges Sinead Ni Chulachain and James Faughnan, sentenced him to six years in prison, with the final year suspended. The appeal, heard by President Mr Justice George Birmingham alongside Ms Justice Máire Whelan and Ms Justice Marie Baker, was dismissed. Mr Justice Birmingham stated there was no basis to suggest the mandatory minimum sentence for firearm possession constituted an error in principle. He characterized the carrying of a semi-automatic pistol, ammunition, and a pipe bomb in furtherance of the activities of the IRA as a very serious offence. Consequently, the Court of Appeal confirmed the original disposal, maintaining the effective custody period and suspended portion as originally imposed by the Special Criminal Court.
In a 2011 burglary at Botanic Avenue, a 22‑year‑old ringleader forced a student to be taken to an ATM, threatening the student's girlfriend with rape if the student did not comply. The offender, who pleaded guilty to aggravated burglary, robbery and false imprisonment, was sentenced to six years' detention in 2012. In 2015 the Court of Appeal suspended the final 12 months of that sentence, but in 2018 the Court reactivated 10½ months of the suspended portion, extending the offender's custodial period. The decision was based on the offender's lack of cooperation with probation and the need for rehabilitation, as the Court noted the offender's youth and prior convictions. The reactivation was a response to the Probation Service's application and the Court's assessment of the offender's continued risk. The case remains a matter of ongoing custodial sentencing.
Joseph Anderson, 71, who worked for the 1990s anti‑drugs newsletter "The Shrew", had his 2016 conviction for 12 counts of sexual assault and one count of oral rape of a boy aged 12‑15 between August 1992 and May 1995 upheld by the Court of Appeal on 26 October 2018. Anderson, who had no prior convictions, was found guilty by a jury at the Central Criminal Court and sentenced to six years' imprisonment by Mr Justice Paul Butler. He appealed the conviction and the sentence, arguing that the victim's repeated return to his house contradicted the abuse claim. The Court of Appeal, with Mr Justice Patrick McCarthy, dismissed both appeals, stating the trial was satisfactory and the conviction safe. The court also rejected the Director of Public Prosecutions' request for a review of the sentence on grounds of undue leniency. The unnamed man pleaded not guilty.
Stephen Brophy, aged 27, pleaded guilty to violent disorder and assault causing harm in Ashbury View, Roscrea, during a feud between the McCarthy/O'Donoghues and the Hutchinson/Marshalls. He had thrown a pitchfork that bounced and struck a woman, Sharon McCarthy, on the lips, causing a scar and requiring surgery. The original sentence of seven years, with two years suspended, was quashed on appeal. He was re‑sentenced to four years for violent disorder (two years suspended) and three years for the assault (12 months suspended), with both terms running concurrently. Brophy must remain in good behaviour for two years after release and may not approach a McCarthy family member unless invited or in a friendly manner. The appeal was granted by Mr Justice Patrick McCarthy, with the Court of Appeal hearing the case.
The Court of Appeal has dismissed the appeal of Wayne Kinsella, upholding his conviction for the murder of Adil Essalhi. Kinsella, who pleaded not guilty, was unanimously found guilty by a Central Criminal Court jury and sentenced to life by Mr Justice Garrett Sheehan on May 21, 2012. The prosecution alleged that Essalhi, whose body was found in Tyrrelstown in 2011, was assaulted with a machete and knife after the Kinsellas believed he was involved in the death of Wayne's brother, an allegation the court noted was false. While Michael Kinsella was jailed for 15 years for manslaughter in 2016, Wayne Kinsella's appeal argued that the trial judge erred regarding witness credibility and the identity of a confidential informant. President Mr Justice George Birmingham, sitting with Mr Justice John Edwards and Mr Justice Patrick McCarthy, rejected these grounds. The court highlighted the "very considerable" probative value of CCTV footage showing the Kinsellas leaving with Essalhi and returning without him. The judges concluded that the trial judge adequately addressed witness creditworthiness and that the prosecution case was "particularly strong." Consequently, the appeal was dismissed, and the mandatory life sentence remains in effect.
The 65‑year‑old former Roman Catholic priest, who had been defrocked and was already serving a seven‑year sentence for sexually abusing a boy, was given an eight‑year consecutive sentence by Mr Justice Patrick McCarthy on 15 May 2017 for six counts of oral rape, defilement and sexual assault of a boy aged 10‑11 at his home between 2005 and 2006. The abuse began shortly after the priest's earlier offence ended in 2006. On appeal, the Court of Appeal, led by Mr Justice George Birmingham, found an error in the sentencing judge's remarks that had led to a 15‑year total sentence. The court reduced the eight‑year term to six years, leaving a total of 13 years in prison. The priest had initially made inappropriate remarks about the victim's puberty, encouraged him to look up sexual subjects online, and progressed to fondling, oral rape and sexual assault in his house, the presbytery and a car. The unnamed 65-year-old was found guilty.