A man from Kiltimagh, County Mayo, has failed in his appeal against a five-year prison sentence imposed for dangerous driving. Martin Maughan (32) was convicted by jury at Castlebar Circuit Criminal Court in June 2017 of two counts of endangerment following incidents in the Kiltimagh area on 11 February 2016. During the offences, Maughan reversed a vehicle at speed, nearly striking two pedestrians on an evening walk, subsequently drove with excessive speed whilst crossing continuous white lines and navigated a sharp bend on the incorrect side of the road, forcing oncoming vehicles onto the verge. He was subject to multiple driving bans at the time and held 85 previous convictions, including 54 road traffic matters. The Court of Appeal, sitting at Castlebar, dismissed the appeal today, finding the sentence severe but not so severe as to warrant intervention, given the gravity of offending and his extensive driving-related criminal history. Martin Maughan pleaded not guilty.
Brian Rattigan, the appellant, pleaded guilty to the manslaughter of Declan Gavin in a matter currently at the appeal stage. The State accepted the plea, and Rattigan remains in custody while awaiting a sentence hearing scheduled for December 20. During that hearing, Mr. Gavin's family will have the opportunity to address the court regarding the impact of the death. The incident occurred on August 25, 2001, when Mr. Gavin was stabbed outside an Abrakebabra on Crumlin Road. Rattigan had previously been convicted of murder in 2009, but that conviction was successfully appealed last year. Upon being arraigned on the same murder charge, Rattigan stated he was not guilty to murder but guilty of manslaughter. Counsel for the Director of Public Prosecutions confirmed the plea was acceptable. Rattigan's legal representative conveyed that his client expressed sorrow to the Gavin family and anyone else hurt by his actions. The court has not yet finalized the sentence, as the matter is adjourned to the December 20 hearing for sentencing.
Ryan Glennon, 28, of Dublin, was convicted by the second Special Criminal Court in 2016 for membership in the Irish Republican Army (IRA). The court found his fingerprints on a handcart and his DNA on gloves at his parents' holiday home in Courtown, Co. Wexford, where explosives and rockets were stored. He was sentenced to six years' imprisonment on 5 December 2016. In October 2018, the Court of Appeal upheld the conviction and the sentence, ruling that Glennon was an "active service" member of an unlawful organisation and had engaged in activities that could endanger many lives. The appeal was dismissed, with the court noting that mitigation factors such as a guilty plea or cooperation were not present. The final sentence remained six years, with no reduction or suspension applied.
Mark O'Shea, aged 33 and without a fixed abode, pleaded guilty in June 2017 to possessing a pipe bomb that was found under a prison officer's car in Marino. The bomb, discovered by the officer's eight‑year‑old son, could not explode as it lacked a fuse. O'Shea had been paid €20 and a tray of tablets by two men to place the device. He had 25 prior convictions, all minor, and claimed he was "preyed upon" by others. Judge Martin Nolan originally sentenced him to five years' imprisonment, but the Court of Appeal, led by Justice Máire Whelan, reduced the sentence by suspending the final 12 months for two years. O'Shea must enter a good‑behaviour bond for the suspended period and for two years after release. The case remains at the sentencing stage.
In a case that unfolded over several years, Tadhg Butler, aged 37, pleaded guilty in July 2018 to unlawfully killing his nephew's friend, Michael O'Dwyer, who was 25 when he died on 10 January 2014. Butler's admission came after a series of trials that began in April 2015, where a jury was discharged, a second jury found him guilty of murder and imposed a mandatory life sentence, and a third trial ended with a hung jury. The Court of Appeal overturned the life sentence, and the State accepted a plea of guilty to manslaughter. Mr Justice Michael White, hearing the case in October 2018, set a headline sentence of 12 to 14 years, taking into account aggravating factors such as the violent and tragic circumstances of O'Dwyer's death and Butler's criminal history, and mitigating factors including Butler's remorse and lack of intent to cause serious injury. The judge backdated the sentence to the date Butler entered custody.
Patrick Harty, aged 21, was re‑sentenced to six‑and‑a‑half years' imprisonment after the Court of Appeal found his original three‑year term too lenient. The new sentence, with the final two‑and‑a‑half years suspended, imposes a net four‑year jail term. Harty had pleaded guilty to assault causing serious harm at a New Year's Eve house party in 2014, during which he smashed a bottle and thrust it into a 19‑year‑old's face, causing the victim to lose the use of one eye. He also pleaded guilty to an unprovoked assault on a man in Dungarvan on 1 September 2015. The Court of Appeal, led by Mr Justice George Birmingham, noted that the two assaults were separate incidents and that the original concurrent sentencing was overly lenient.
The Court of Appeal has adjourned the appeal of Dariusz Alchimionek, a Polish national convicted of manslaughter and assault causing harm in 2015. Alchimionek, who was sentenced to nine years' imprisonment with the final three years suspended by Judge Keenan Johnson in October 2017, challenges his conviction on the ground that the jury's verdict was perverse. The case presents a procedural difficulty for the Director of Public Prosecutions, as both prosecution and defence psychiatrists agreed Alchimionek met the criteria for a finding of not guilty by reason of insanity. Despite this, the jury returned majority guilty verdicts. Counsel for the DPP, Michael Delaney SC, stated the Director is conducting further enquiries and seeking a new psychiatric opinion, which will take several weeks. Defence counsel Kenneth Fogarty SC noted the charged atmosphere in the Circuit Court and Alchimionek's preference for detention in the Central Mental Hospital over Wheatfield Prison. President Mr Justice George Birmingham, sitting with Ms Justice Máire Whelan and Mr Justice Patrick McCarthy, put the matter back for case management on November 30. The court indicated it would attempt to secure an early hearing date if necessary, though this may not be possible. The matter remains adjourned and is not concluded.
Patrick Harty, aged 21, pleaded guilty to assault causing serious harm at a house party on New Year's Eve 2014 and to an unprovoked assault on a man in Waterford on 1 September 2015. He was sentenced on 28 October 2016 to four-and-a-half years' imprisonment, with the final 18 months suspended, and a concurrent 12‑month jail term for the second assault. No compensation order was made. The Director of Public Prosecutions, citing the attack's viciousness and the fact that Harty broke a bottle to use it as a weapon, seeks a review of the sentence on the grounds it was "unduly lenient." The Court of Appeal has reserved judgment and will deliver it on Monday. Counsel for Harty argues the sentence was lenient but not unduly so, noting his youth, remorse and difficult upbringing. The appeal will consider whether the judge's mitigation, suspension and concurrent sentencing were in error.
Yusuf Ali Abdi, who murdered his infant son Nathan Baraka Andrew Ali in 2001, was convicted in 2003 and sentenced to mandatory life imprisonment. He appealed in 2004 but lost. In 2018 he sought a miscarriage‑of‑justice declaration, arguing that a 2013 diagnosis of paranoid schizophrenia, made after his conviction, proved the earlier 2003 diagnosis of non‑psychosis by Dr Damien Mohan was erroneous. Abdi's counsel cited psychiatric reviews showing a progression from depression and PTSD to paranoid schizophrenia and antisocial personality disorder. The Director of Public Prosecutions countered that the 2013 diagnosis was an opinion, not a fact, and that reopening the case would set a dangerous precedent. The Court of Appeal reserved judgment, noting the case raised significant legal questions. The proceedings remain at the appeal stage. The unnamed man pleaded not guilty.
The Court of Appeal dismissed the appeal of Dutch skipper Klass Meijvogel, who had been convicted for breaching fishing regulations on the Wiron 5. Meijvogel, who pleaded not guilty, was found guilty by a 10‑2 jury for having equipment that could return fish to sea, contravening the requirement to freeze fish immediately and prevent the return of marine organisms. He was fined €344,960 for the catch and €55,000 for the gear. The appeal was rejected because the appellant did not challenge the indictment, seek a directed acquittal, or clarify the judge's directions. The Court of Appeal noted possible tensions between Articles 19 and 32 of Council Regulation (EC) No 850/98 but found no need for legislative intervention in this case. The appeal was dismissed, and the court will consider the severity of the penalties in the future.
Brian Rattigan, aged 37, remains in custody after the Court of Appeal dismissed his appeal against a conviction for directing the supply of drugs from prison. He had pleaded not guilty in the Special Criminal Court to possession of heroin and two counts of possession of the drug for sale or supply on Hughes Road South, Walkinstown, Dublin 12, on 21 May 2008. The court found him the director of a drugs gang that conducted a €1 million heroin deal and sentenced him to 17 years in prison, backdated to June 2008. Rattigan appealed on eight grounds, including alleged errors in search warrants, admission of evidence and the value and purity of the drugs. The appeal was dismissed by a three‑judge panel, who upheld the trial court's findings and the conviction as safe. The decision was delivered by Mr Justice John Edwards, with Mr Justice John Hedigan and Mr Justice Brian McGovern.
James Barry, aged 34, robbed a McDonald's on Lower Rathmines Road on 2 February 2016, holding a knife to a female cashier's stomach in front of customers and children and taking €330 in cash. He also pleaded guilty to robbing €460 from a chemist on 5 March 2015. Barry was sentenced to four-and-a-half years in prison on 5 July 2017, with consecutive sentences because the McDonald's robbery occurred while he was on bail. During the arrest, Barry jumped into the Dodder River, believing the water would conceal his body temperature from a pursuing garda helicopter, although no air pursuit was taking place. The Court of Appeal upheld his sentence, noting the seriousness of the offences and his previous convictions for attempted robbery and possession of a syringe. Barry admitted remorse and described his actions as a "cry for help.".
The Court of Appeal has substantially increased prison sentences imposed on two men convicted of setting fire to a vehicle containing a bound and gagged prisoner in the boot. Polish nationals Kamil Lacki and Krzysztof Niepogoda, with addresses in Co Carlow, had pleaded guilty at Carlow Circuit Criminal Court to arson, false imprisonment, assault, criminal damage and cannabis cultivation at various locations in late December 2015. The Circuit Court imposed six years imprisonment with the final year suspended. On appeal by the Director of Public Prosecutions, the three-judge court described the offence as akin to attempted murder and "unbelievable". The appellate judges found the original headline sentences significantly too low. Lacki was resentenced to nine years imprisonment, while Niepogoda received ten years, with an additional consecutive twelve-month term for a subsequent assault on the same victim. The court noted the victim's escape was possible only because duct tape had been removed to allow questioning.
Jarlath Higgins, 48, of Caraban, Ravensdale, Dundalk, pleaded guilty to dangerous driving and criminal damage after accelerating through a Garda checkpoint near the Táin Bridge on 18 November 2015. He had alcohol on board but was not charged with drink driving. Higgins' Renault Megane violently fishtailed, injuring a Garda and causing €7,500 worth of damage to two patrol cars. Judge Michael O'Shea imposed wholly suspended sentences of two years and five months and a three‑year driving disqualification on 4 May 2017. The Director of Public Prosecutions appealed, but the Court of Appeal, led by Mr Justice John Edwards, dismissed the appeal, citing Higgins' mitigating factors, low re‑offending risk, and lack of prior convictions. The suspended sentence remained, with no custodial time imposed.
Michael Lynch, 34, of Emmet Place, Inchicore, has been issued a bench warrant after failing to appear in court again. He has 16 prior convictions for failing to turn up. Lynch pleaded guilty to theft at Fairfield House, Newbridge Avenue, Dublin 4, on 26 February 2017 while on temporary release for other charges. He was sentenced to three years' imprisonment, with 18 months suspended, by Judge Patricia Ryan on 6 October 2017. The Director of Public Prosecutions seeks a review, arguing the sentence was "unduly lenient". In the Court of Appeal, Lynch was absent but had been notified by Gardaí. The court noted he had been charged with fresh offences recently and had been granted compassionate bail to visit his family during a hospital fire in Inchicore. He was denied visitation of his daughter in the ICU because of his handcuffs and prison officers.
Joseph Anderson, a former contributor to the anti‑drugs newsletter The Shrew, is awaiting the result of an appeal against his conviction and sentence for sexual offences committed between August 1992 and May 1995. He was 71 at the time of the appeal, lives in Powers Court, Mount St. Lower, Dublin, and had pleaded not guilty to twelve counts of sexual assault and one count of oral rape involving a boy aged 12 to 15. A jury at the Central Criminal Court found him guilty and he was sentenced to six years' imprisonment on 28 July 2016. Anderson's barrister, Patrick Gageby SC, argued that the boy's repeated visits to Anderson's home were not a legal consent and that the trial judge had misdirected the jury. The Director of Public Prosecutions, Bernard Condon SC, contended the sentence was unduly lenient and should have been higher.
The Court of Appeal ruled that it could not alter the sentence of a 20‑year‑old who had been sentenced as a minor to one year's detention in a children's centre for serious offences, because a "legal lacuna" in the Criminal Justice Act 1993 prevents re‑sentencing when the offender is no longer a child. The case involved a 17‑year‑old who crashed a stolen car into the Liffey, was chased by Gardaí, later assaulted an elderly man and stole his car. He was sentenced at Dublin Circuit Criminal Court to one year's detention, but the Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal agreed the sentence was too light but found no legal means to re‑sentence him, citing that the 1993 Act's provisions could only apply to a child.
The Court of Appeal has reduced the sentence of an unnamed 81-year-old man from seven years to five-and-a-half years. The defendant, who cannot be named to protect his victims, had previously pleaded guilty at Dublin Circuit Criminal Court to six sample counts of indecent and sexual assault. These counts were drawn from an indictment containing 18 sample counts detailing abuse inflicted over two distinct periods: between 1972 and 1978 against his adopted daughter, then aged eight to 14, and between 1997 and 2001 against his granddaughter, then aged four to eight. The original seven-year sentence was imposed by Judge Martin Nolan on July 24, 2015. The Court of Appeal has now cut this term to five-and-a-half years. The case emerged after the granddaughter sought counselling in 2013 and disclosed the abuse to her mother. The defendant subsequently admitted the offences to the girl's father and later to a priest during confession, who advised him to report the matters to the gardaí. The man voluntarily went to a garda station to make a confession. The appeal resulted in the reduction of his effective custody period, reflecting the appellate court's review of the original sentencing decision.
Carl Freeman, aged 23, pleaded guilty to aggravated burglary at the home of Mr William Crean (72) and Mrs Kathleen Crean (65) in a rural area outside Ashford Village, Co Wicklow, on 12 March 2015. He was originally sentenced to seven years' imprisonment, with the final three years suspended, by Judge Michael O'Shea on 26 July 2017. The Court of Appeal, following an appeal by the Director of Public Prosecutions, found the sentence too lenient and re‑sentenced him to ten years' imprisonment, with the final four years suspended. The decision was made by a three‑judge panel headed by Mr Justice John Edwards. The case involved a violent burglary in which the intruders used hurls, assaulted Mr Crean, threatened Mrs Crean, and stole approximately €150 in cash, a landline, and Mr Crean's mobile phone.
In 2018 the Court of Appeal upheld the conviction of O'Reilly Commercials Limited for breaching health and safety laws during a test of a school bus that later crashed in 2006, killing 15‑year‑old Michael White. The bus, a Mercedes originally registered in the UK, had a rear suspension that had been modified in 1991 and was not properly noted during the 2005 test. The company pleaded not guilty to four charges under the Safety Health and Welfare at Work Act 1989, but a jury found it guilty of failing to identify the modified suspension. The firm was fined €25,000 and the appeal was dismissed by a three‑judge panel, confirming the original verdict as safe and satisfactory. The case highlighted the importance of accurate testing records for vehicle safety.
Siobhan Maguire, 48, of The Brambles, Skerries, was convicted of 32 sample theft and fraud charges for fraudulently lodging 660 cheques into her personal bank account between 2001 and 2015. The cheques, falsely endorsed on the back, ranged from €5,000 to several hundred euros, and the total theft amounted to €1,187,616. She had initially faced 1,320 charges. The Court of Appeal found her original four‑year sentence too harsh compared with similar offences and re‑sentenced her to three years imprisonment, with the final year suspended. The judge noted her early guilty plea, cooperation, good character, low re‑offending risk, genuine remorse, and lack of wealth. She entered a good‑behaviour bond for the suspended year and pledged to comply. The sentence was imposed on 3 October 2018.
In 2018 the Court of Appeal upheld the eight life sentences imposed on a 49‑year‑old Wexford man for raping a 60‑year‑old mother and her daughter in Dublin between 2 and 5 July 2015. The man pleaded guilty to rape, false imprisonment, attempted rape, aggravated burglary, threats to kill and aggravated sexual assault. He had previously been convicted of repeatedly raping his daughter between 2000 and 2004. The sentences were concurrent and the Court of Appeal found the offences "wholly exceptional" and "appropriate" for life imprisonment. The judge noted the mother's vulnerability, the prolonged nature of the assault, the use of a knife, restraints, threats, and the fact that the daughter heard the rape on a voicemail. The appeal was dismissed, with the Court affirming the life terms as justified by the severity and violence of the crimes. The defendant's guilty plea was deemed insufficient to reduce the sentences.
James Cronin, aged 35, was jailed for two years by the Court of Appeal after breaching the conditions of a suspended sentence by drinking alcohol. Cronin had previously been sentenced to seven years in 2007 for attempting to rape a girl he met at a Killarney disco on Christmas Eve 2004, and was already serving an eight‑year sentence for kidnapping and raping another woman he met at a Killarney disco on 31 October 2004. The Court of Criminal Appeal had varied his Christmas Eve sentence to ten years, suspending the final five years on the condition that he comply with probation services and abstain from alcohol. The probation service reported that Cronin had consumed alcohol to an excessive degree on several occasions, undermining his medication and the terms of his release. The Court of Appeal, hearing the matter, activated two of the five suspended years, requiring Cronin to serve two years in jail.
Jarlath Higgins, 48, of Caraban, Ravensdale, Dundalk, pleaded guilty to dangerous driving and criminal damage after speeding through a Garda checkpoint near Táin Bridge on 18 November 2015. He accelerated when signalled to stop, causing a collision that severely injured a Garda and damaged two patrol cars worth €7,500. Higgins had alcohol on board but was not charged with drink driving. Judge Michael O'Shea imposed a wholly suspended sentence of two years and five months, plus a three‑year driving disqualification, on 4 May 2017. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient due to the speeding, alcohol, and opportunity to stop earlier. A three‑judge Court of Appeal dismissed the appeal, concluding the sentence was not unduly lenient, and the court will issue reasons on the following Wednesday.
In a 2018 High Court case, a woman who had pleaded guilty to assaulting her four‑year‑old son was later denied the right to change her plea. The court held that the judge's comments had unduly influenced her decision, but the High Court quashed the refusal to allow a judicial review. The Director of Public Prosecutions appealed, arguing that the trial had not yet concluded and that a judicial review was premature. The Court of Appeal, led by Mr Justice John Hedigan, ruled that a judicial review should not intervene before sentencing. The court emphasized that the appropriate remedy was to proceed to sentencing and, only after that, consider an appeal. The decision was joined by Mr Justice John Edwards and Mr Justice Patrick McCarthy. The unnamed accused pleaded not guilty.
In a €3.3 million lotto dispute, the Court of Appeal was informed that the matter between Mrs Mary Walsh (67) and her stepson David Walsh (53) had been resolved. The appeal, represented by Dervla Brown SC, confirmed that the High Court's decision to award David a one‑sixth share of the winning ticket and to order Mrs Walsh to pay €560,000 plus legal costs would be vacated, except for the dismissal of the defendant's counterclaim. No costs order would be made, and the plaintiff's High Court claim would be struck out. The settlement terms were not disclosed, as they are confidential. The case had originally involved a claim that David was entitled to his share because his signature was on the back of the ticket, while Mrs Walsh had argued that the ticket belonged to her. The Court of Appeal accepted the settlement and closed the appeal.
Martin Morgan, 53, of Highbury Road, London, was convicted in 2008 of organising prostitution and running a brothel at a Bachelor's Walk apartment between 22 August and 10 October 2005. He was jailed for three years. The Dublin Circuit Criminal Court ordered the confiscation of €252,908, calculated from the likely net profit of the business during the offending period. The Court of Appeal reduced the amount by €9,000, acknowledging a failure to deduct €9,397 seized from Morgan. The appeal was dismissed. Justice John Hedigan ruled that a person who benefits from crime must pay the State an amount equivalent to the criminally obtained benefit, regardless of the source. The order may be enforced against any assets Morgan possesses at the time. Morgan's barrister, Paul Greene SC, argued that Morgan had spent the entire benefit on business expenses and had no realisable assets, but the court rejected this claim. Martin Morgan pleaded not guilty.
Kevin Carroll, a drama teacher aged 58, was convicted of raping a student between 1996 and 1998 when the girl was six to eight years old. He was found guilty on two counts by a jury at the Central Criminal Court and sentenced to 10 years imprisonment on 26 February 2016. Carroll appealed his conviction, arguing that the trial judge should have discharged the jury when a witness gave hearsay evidence that Carroll had "looked up the skirts of girls" and that a juror's facial expression—described by the defence as a smile and wink—warranted intervention. The Court of Appeal, presided over by Mr Justice George Birmingham, rejected all grounds of appeal. The court held that the alleged comments and the juror's expression were not prejudicial or communicative enough to affect the trial's fairness, and therefore upheld the conviction and sentence. The appeal was dismissed. Kevin Carroll pleaded not guilty.
The Court of Appeal upheld a joint trial for Seán Davy (24), Matthew Cummins (24) and James Davy (27) who were convicted of murdering 64‑year‑old Thomas 'Toddy' Dooley in his Edenderry home on 12 February 2014. The men broke into the house and beat Dooley with a baseball bat, delivering eight blows to his head. Each defendant gave conflicting accounts: Cummins claimed Davy struck first and then continued the assault; Davy said James Davy delivered most blows and he struck once with less force; James Davy denied striking and said Davy beat him while Cummins kicked. All were found guilty by jury and sentenced to mandatory life imprisonment by Justice Margaret Heneghan on 10 October 2016. Davy's appeal to separate his trial was dismissed by the Court of Appeal, which ruled the case was "compelling" for a joint trial and the judge's refusal to sever the indictment was proper.
Adrian Nestor, 44, from Keamsella, Kilcolgan, was found guilty of dangerous driving causing the death of 66‑year‑old Liam McDonnell and serious harm to Garda Sharon Casserly and Garda Peter Murtagh. He collided with a garda car near Ardrahan on 1 February 2016 while five times over the alcohol limit, with a blood alcohol level of 272 mg. Sentenced by the Galway Circuit Criminal Court to 240 hours of community service, a €1,000 fine and a four‑year driving ban, the Court of Appeal later ruled the sentence was too lenient. The DPP appealed, arguing the suspended four‑year sentence failed to reflect the seriousness of the offence. The Court of Appeal, after hearing counsel, imposed a four‑year prison term with the final two years suspended, sending Nestor to jail for the first time in this case.
A Longford man convicted of sexually abusing four of his nieces has had his 13-year prison sentence upheld by the Court of Appeal. The 50-year-old man pleaded guilty at the Central Criminal Court to seven charges, including three counts of anal rape and one sexual assault committed between 2001 and 2010. The offences involved victims aged between seven and 16 at the time. The Central Criminal Court imposed consecutive sentences totalling 13 years in May 2017. The Court of Appeal, comprising Mr Justice John Edwards, Mr Justice George Birmingham, and Mr Justice John Hedigan, found the sentences proportionate both individually and cumulatively. The court dismissed the man's appeal against sentence severity.
Denis Nolan, a former priest aged 64, was convicted by a jury at the Central Criminal Court of six counts of oral rape, defilement and sexual assault of a boy aged 10‑11 between 2005 and 2006. The boy was paid €10‑€15 for gardening work at Nolan's home and the presbytery, a sum that rose when the abuse began. Nolan, who had previously been defrocked and was serving an eight‑year sentence for a separate sexual abuse case, denied the charges. The court heard that Nolan made inappropriate remarks about puberty, encouraged the boy to view sexual material online, and progressed to fondling, oral rape and assault in the priest's bedroom, the presbytery and a car. The final rape in the presbytery caused injury requiring surgery and ongoing health problems. Nolan's appeal was dismissed by Mr Justice John Hedigan, who upheld the conviction, noting that alleged inconsistencies in the victim's evidence were within normal limits for such cases.
Stephen O'Reilly, aged 30, was convicted of two assaults, two counts of criminal damage and two counts of producing an article at his neighbour's address on 7 May 2016. He was sentenced to seven years' imprisonment, with the final two years suspended, by Judge Keenan Johnson at Tullamore Circuit Criminal Court on 8 February 2017. O'Reilly appealed his conviction, but the Court of Appeal dismissed the appeal. The Court held that Section 16 of the Criminal Justice Act 2006, which allows admission of statements where a witness denies making the statement or gives evidence inconsistent with the statement, was "specifically designed for this type of situation". The Court found no error in the trial judge's decision to admit the witnesses' initial statements under Section 16, and therefore upheld the conviction. The case involved witnesses who had withdrawn their statements after the incident, and the Court considered issues of reliability, fairness, and the interests of justice in its decision.
A 47-year-old man from County Mayo, convicted of multiple sexual offences against his daughter, has been granted an early appeal hearing date by the Court of Appeal. In February, he was found guilty of three counts of rape, five counts of anal rape, and six counts of sexual assault committed between 2006 and 2010 when the victim was aged seven to eleven. Justice Deirdre Murphy imposed a sentence of fifteen years imprisonment with the final year suspended. The man has maintained his innocence and lodged an appeal against conviction. An application for bail pending appeal was considered, with the court fixing an early hearing date for the second of November. A separate gardaí investigation is ongoing into allegations that the victim made statements contradicting her trial evidence. The man's identity is protected to safeguard the victim's anonymity. The unnamed 47-year-old pleaded not guilty.
The skipper of the Dutch factory ship Wiron 5, Klass Meijvogel, is awaiting the outcome of an appeal against his conviction for breaching Irish fishing regulations. On 11 February 2015 the ship, which was caught and processed pelagic fish, was boarded by the Irish Naval Service. Meijvogel was found guilty by a 10‑2 jury and fined €344,960 for the value of the catch and €55,000 for the value of the gear. He pleaded not guilty, arguing that the equipment on board was installed in a manner that complied with Article 19 of the regulations, which requires undersized marine organisms to be returned immediately to the sea. His counsel, Paul Burns SC, said the case hinged on the interpretation of contradictory regulatory requirements and that no photos were presented as evidence.
Keith Murphy, aged 42, was convicted of repeatedly raping his step‑daughter over a six‑year period from May 2008 to November 2015. He pleaded not guilty to 26 counts of sexual assault, two counts of attempted rape and 64 counts of rape. A Central Criminal Court jury found him guilty after just under four hours of deliberation. He was sentenced to 12 years' imprisonment, with the final two years suspended by Ms Justice Deirdre Murphy on 29 May 2017. The offences largely occurred in the former family home in Cork while the victim, now 19, was aged nine to 15. She waived anonymity and described the abuse as having a devastating, profound and far‑reaching effect on her life. The Court of Appeal upheld the conviction, dismissing Murphy's appeal. The appeal was heard by Mr Justice George Birmingham, Mr Justice John Edwards and Mr Justice John Hedigan.
Francis Rafferty, 68, of Drumcondra, was convicted at the Central Criminal Court of two counts of raping a girl aged nine to twelve and of sexually assaulting her older sister, while acquitted of two other rape charges. He had pleaded guilty to sexually assaulting the younger girl. The court imposed concurrent sentences totalling ten years imprisonment. Ms Justice Margaret Heneghan noted a Probation Service report that Rafferty had no understanding of the hurt, trauma or long‑term effect of his actions, and that he could not equate his own childhood abuse with that of his victims. The Court of Appeal upheld the sentence, finding it within the range available to the judge, and dismissed Rafferty's appeal. The decision was delivered by Mr Justice George Birmingham, joined by Mr Justice John Edwards and Mr Justice John Hedigan.
Zoltan Almasi, a 46‑year‑old Hungarian national living in Harbour View, Naas, was convicted of murdering 20‑year‑old Joseph Dunne with a baseball bat on 16 May 2014. The Central Criminal Court found him guilty after 11 hours of deliberation and imposed a mandatory life sentence on 16 March 2016. Almasi, who worked for a courier company, had previously lived alone and had moved to Ireland after becoming a Hungarian national in 2007. He appealed the conviction, arguing that the partial defence of provocation should have been left to the jury. His barrister, Dominic McGinn SC, claimed that drunken youths had damaged his van, provoking Almasi. The Court of Appeal, led by Mr Justice John Edwards, dismissed the appeal, holding that the trial judge had not applied an overly rigorous standard and that the evidence did not conclusively show a total loss of self‑control.
Wayne Kinsella, 46, has appealed his conviction for the murder of Adil Essalhi, 31, to the Court of Appeal. 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 Kinsella and a relative lured Mr Essalhi to a field behind the Plaza in Tyrrelstown on January 6, 2011, where he was violently assaulted with a machete-type weapon and a knife. His burnt and bleached body was subsequently discovered in the location. Kinsella's counsel, Giollaíosa Ó Lideadha SC, argued that the trial witnesses colluded to omit Michael Kinsella from the narrative, thereby falsely placing blame on the appellant. Counsel further submitted that the trial judge erred in identifying CCTV as corroboration and failed to properly articulate the defence case to the jury. The Court of Appeal, presided over by Mr Justice George Birmingham with Mr Justice John Edwards and Mr Justice Patrick McCarthy, considered the appeal and a motion to adduce fresh evidence. The court reserved its judgment, meaning the matter was adjourned and remains pending rather than concluded.
The daughters of Jerry O'Keefe, who was sentenced to ten years in prison for repeatedly raping and sexually abusing them between 1980 and 1993, expressed relief that his appeal was dismissed. O'Keefe, 69, had pleaded guilty to nine counts of rape and sexual abuse after a jury was sworn in. He received consecutive sentences of seven years for raping one daughter and three years for abusing the other, totaling ten years. The Court of Appeal upheld the sentence, stating it was not lenient. Amy Barrett, the eldest daughter, said she was relieved the case was finally over and that the judges showed zero tolerance for child abuse. She urged other victims not to lose hope and to come forward. The appeal was dismissed by a three‑judge panel, including Mr Justice John Hedigan, Mr Justice George Birmingham and Mr Justice John Edwards.
Adrian Nestor, 44, from Keamsella, Kilcolgan, was five times over the legal limit when he collided with a garda car near Ardrahan on 1 February 2016. The crash killed 66‑year‑old Liam McDonnell, who had been reported missing from a nursing home, and seriously injured Garda Sharon Casserly and Garda Peter Murtagh, the latter breaking a leg. Nestor pleaded guilty to dangerous driving causing death and serious harm. The Galway Circuit Criminal Court sentenced him to 240 hours of community service instead of a four‑year prison term, fined €1,000, and banned him from driving for four years. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient and that a suspended four‑year term would better reflect the seriousness and deterrence required. The Court of Appeal will decide whether to uphold or alter the sentence.
John Stokes, aged 30, was found guilty of 343 counts of theft related to a sophisticated social welfare fraud that spanned from April 2008 to December 2013. He had originally received a wholly suspended four‑and‑a‑half‑year sentence from Judge Michael O'Shea on 30 June 2017. The Director of Public Prosecutions argued that the sentence was unduly lenient, and the Court of Appeal agreed. Judge Patrick McCarthy, sitting with Judges George Birmingham and John Hedigan, imposed an 18‑month custodial term, with the remainder of the four‑and‑a‑half‑year sentence suspended. The fraud involved €55,000 in Jobseekers Allowance and €47,000 in Rent Allowance, and Stokes had rented a house in Sallins, Co. Kildare, to facilitate the scheme. He had also provided €4,000 in restitution and an additional €2,000 through withheld child allowance, and was paying €28 a week in restitution from social welfare payments.
In a 2018 Court of Appeal hearing, the lawyers for Kevin Carroll, a drama teacher convicted of raping a seven‑year‑old student, argued that a juror had "smiled and winked" at the complainant during his trial. Carroll, aged 58, had pleaded not guilty to rape and anal rape at an Offaly school between 1996 and 1998, was found guilty by a jury at the Central Criminal Court, and sentenced to 10 years' imprisonment in February 2016. His barrister, Roderick O'Hanlon SC, claimed the trial judge should have discharged the jury when a witness gave hearsay evidence that Carroll had "looked up the skirts of girls," and that the judge should have examined the jury after the alleged gesture. The Court of Appeal, with Judges John Hedigan, Marie Baker, and George Birmingham, reserved judgment on the appeal. The appeal was lodged on grounds including alleged prejudice and the juror's alleged gesture.
Michael Lynch, a 26‑year‑old from Cork, had his eight‑year jail term for false imprisonment upheld by the Court of Appeal. He was found guilty of false imprisonment of a woman he had been seeing for three weeks and was sentenced to 10 years, with the final two suspended. Lynch had a history of violent offences, including torturing a pregnant ex‑girlfriend by pouring boiling water over her after adding sugar to raise the temperature, and assaulting another ex‑girlfriend. The Court of Appeal, citing his record of violence against women, held that the sentence had to be significant. The appeal against the severity of the sentence was dismissed, and the eight‑year term remained in force. The case was heard by a three‑judge panel, including Mr Justice George Birmingham. The decision was made on 19 July 2018. Michael Lynch pleaded not guilty.
In a Dublin case, a 43‑year‑old man was convicted of sexually assaulting a 12‑year‑old girl who was a friend of his stepdaughter during a sleepover at his home on 14 February 2015. The jury found him guilty and Judge Cormac Quinn sentenced him to one year in prison on 9 March 2018. The man appealed, arguing that the trial judge had erred by not warning the jury about the lack of corroboration for the victim's testimony. The Court of Appeal, with Justices Patrick McCarthy, George Birmingham and John Edwards, upheld the conviction, stating that the trial judge was within his discretion to withhold a warning in this circumstance. The appeal was dismissed, leaving the original conviction and sentence in place. The unnamed 12-year-old pleaded not guilty.
Brian O'Grady, 32, of Finglas, pleaded guilty to possessing 20 kg of cannabis resin worth €122,000 in February 2016. He had delivered the drugs to pay off his step‑brother's €2,000 debt. The original court gave a wholly suspended five‑year sentence, a decision the Director of Public Prosecutions challenged as unduly lenient. The Court of Appeal, in a three‑judge panel, imposed a two‑and‑a‑half‑year jail term, with the remaining two‑and‑a‑half years suspended. O'Grady had 11 prior convictions and had lost his job six months before the offence. He is now in Britain working in construction. The appeal court found his decision to commit the crime was a conscious choice, not merely a product of addiction or family pressure, and therefore the suspended sentence was too lenient. The new sentence will run from the date he first goes into custody.
The High Court heard an appeal regarding a judicial review application by a 79-year-old man, identified as the applicant, who is wanted in the United States for alleged child sex offences. The applicant's counsel, Kieran Kelly BL, argued that the Director of Public Prosecutions (DPP) should consider prosecuting the man in Ireland due to his age and ill-health, asserting a right to fundamental fairness. However, Remy Farrell SC, acting for the Attorney General, contended that the judicial review was taken solely to delay the applicant's extradition. Mr Farrell stated that the applicant provided no legal basis or relevant statute to support a claim that the DPP must consider prosecution before extradition. He further argued that the applicant had not submitted a valid application or argument, merely asserting a desire to be tried in Ireland. Siobhán Ní Chulacháin BL, representing the DPP, confirmed that the office cannot compel an investigation without a submitted file. Ms Justice Aileen Donnelly reserved her judgment on the matter. The court directed the parties to return on July 30 for the decision. The applicant's charges remain alleged and contested, with no plea, finding, or sentence recorded at this procedural stage.
Gareth Prior, 36, of Ramblers Court, Newbridge, Co. Kildare, was sentenced to nine years' imprisonment for his role in a heroin transaction worth an estimated €560,000. He had pleaded guilty in December 2015 to possession of cocaine and heroin for sale or supply. The Court of Appeal dismissed his appeal against the severity of the sentence, citing the need to protect society from drug trafficking. Prior was observed by Gardaí travelling to an Aldi supermarket on Fonthill Road, Clondalkin, where he was seen placing a rucksack in a car. Gardaí seized four packages containing four kilograms of heroin, and a search of his Newbridge address uncovered 2.5 kg of cocaine, 487 g of cannabis and 56 g of ketamine. He had 17 prior convictions, including seven for drug offences, and was found in possession of drug paraphernalia.
The Court of Appeal has dismissed an appeal by the Director of Public Prosecutions against the sentence imposed on Mark Hehir, a former GAA star who admitted stealing €305,072 from his employer, Galway City Bin company. Hehir pleaded guilty to transferring funds from the company's account to his personal account on 71 separate occasions between April and September 2016 to fund an online gambling addiction. In January, Judge Rory McCabe at Galway Circuit Criminal Court sentenced Hehir to a wholly suspended two-year term and ordered him to complete 240 hours of community service. Additional conditions require Hehir to remain gambling-free, refrain from opening bookmakers' accounts, continue counselling, and pay €100 weekly in restitution. Prosecutors, represented by Lorcan Staines BL, argued the sentence was unduly lenient and that the addiction did not constitute an exceptional circumstance justifying avoidance of custody. However, Mr Justice John Hedigan, sitting with Mr Justice George Birmingham and Mr Justice John Edwards, upheld the Circuit Court decision. The Court of Appeal found that the sentencing judge had carefully balanced all factors, including Hehir's status as a first-time offender, his full admissions, and his engagement in restorative justice. The court concluded there was no basis to intervene, leaving Hehir's suspended sentence and conditions intact.
Gerard Lawlor, 68, of Balrothery, Tallaght, pleaded guilty in Dublin Circuit Criminal Court to 11 counts of fraudulently claiming €167,874 in social welfare payments from 2005 to 2015. The fraud was uncovered when his ex‑wife was audited by Revenue, revealing that Lawlor had claimed pre‑retirement, adult dependence, and jobseeker allowances while not living with his partner and while self‑employed. He also received rent payments for a co‑owned property and sold and purchased properties during the period. Lawlor, a father‑of‑three with no prior convictions, cooperated with Gardaí and entered an early guilty plea. He was sentenced to a wholly suspended three‑year term on 15 June 2017, a decision upheld by the Court of Appeal after the Director of Public Prosecutions appealed for a custodial sentence.