A 64-year-old man, Seán Davy, has appealed his conviction for the murder of Thomas 'Toddy' Dooley, who was brutally beaten to death in his home in Edenderry on February 12, 2014. Seán Davy, along with Matthew Cummins and James Davy, was found guilty by a jury of the murder of Mr Dooley, who suffered eight blows to the head with a baseball bat. All three men had denied the charges. They were each given a mandatory life sentence by Ms Justice Margaret Heneghan in October 2016, who described the attack as 'brutal, motiveless' and targeted a 'defenceless elderly man'. Seán Davy's barrister, Ronan Munro SC, argued that his client's conviction was unsafe due to a pre-trial decision not to sever the indictment and order separate trials. He claimed that the garda statements of James Davy and Matthew Cummins gave the jury a 'peculiarly vivid' picture that it was 'all Seán Davy's fault', which overwhelmed any judicial direction. Counsel for the Director of Public Prosecutions, Patrick Treacy SC, stated that the case was presented as one of joint enterprise or common design, with Seán Davy being the only accused who admitted striking the deceased with a baseball bat. The court has reserved its judgement on the appeal.
A man from County Kildare has lost an appeal against his refusal to withdraw a guilty plea to theft and criminal damage charges at Roscommon Circuit Criminal Court. Conor Judge, aged 31, was sentenced to three years imprisonment in December 2016 for stealing equipment from a windfarm construction site near Arigna in north Roscommon in October 2010. The Court of Appeal upheld the Circuit Court judge's rejection of Judge's application to change his plea, with Mr Justice John Edwards stating the accused had given "blatant lies" and was an "unreliable witness". The court found Judge had failed to demonstrate good and substantial grounds for setting aside his guilty plea. Judge had also alleged coercion by his former legal representatives, claims which were rejected. A psychiatric assessment confirmed he was fit to plead. The Court of Appeal additionally upheld the three-year sentence as correct and proportionate.
Judge Melanie Greally sentenced four men to a total of 53 years for their roles in the 2005 €2.08 million robbery of Paul Richardson and Securicor, along with the false imprisonment of the Richardson family. Mark Farrelly, Christopher Corcoran, David Byrne, and Niall Byrne, all of whom pleaded not guilty, were convicted by a Dublin Circuit Criminal Court jury. Farrelly, identified as the mastermind, received 17.5 years. David Byrne was sentenced to 13.5 years. Corcoran was sentenced to 12 years, with the final five years suspended due to his age and health. Niall Byrne, the former Securicor worker convicted of conspiracy to rob, received 10 years. The jury failed to reach a majority verdict on a kidnapping charge against Niall Byrne. The judge noted the victims' "uncommon and unbending faith" in the justice system after five trials. She ordered the forfeiture of €19,220 in cash and a BMW belonging to Niall Byrne. This sentencing follows previous legal history where convictions for Farrelly and Corcoran were overturned in 2012 and later acquitted in 2015 before those acquittals were overturned by the Court of Appeal.
Tadhg Butler, aged 37, pleaded guilty to unlawfully killing Michael O'Dwyer on 10 January 2014. He was remanded in custody pending a sentence hearing on 18 October. Butler's case had seen three trials: the first in April 2015 ended with a jury discharge, the second resulted in a guilty verdict and a mandatory life sentence, which was overturned on appeal, and the third ended with a hung jury. Butler admitted he had stabbed O'Dwyer while taking a knife from his nephew to prevent self‑harm.
Brian O'Grady, 32, pleaded guilty in Dublin Circuit Criminal Court to possessing cannabis resin for sale, valued at €122,000, after agreeing to deliver 20 kg to help pay his step‑brother's €2,000 drug debt. Judge Martin Nolan imposed a wholly suspended five‑year sentence, departing from the mandatory 10‑year term, citing O'Grady's low moral culpability and his intent to protect family. The Director of Public Prosecutions seeks a review, arguing the sentence is unduly lenient and that the judge erred in suspending the whole term. Counsel for O'Grady highlighted his upbringing, employment history, and family dynamics as mitigating factors. The Court of Appeal has reserved judgment. Gardaí surveillance linked O'Grady to two men from Cork who were later arrested; O'Grady admitted the delivery but refused to name the men. O'Grady has six prior convictions and is a qualified electronic technician. The other two men received seven‑year and two‑year sentences.
Michael Kaiser, a 24‑year‑old Polish national, was found guilty of burglary and assault causing harm to an off‑duty Garda in Naas on 1 July 2016. He was originally sentenced to two years' imprisonment with the final six months suspended. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal agreed and increased his term to two‑and‑a‑half years, crediting time already served. The judge noted that Kaiser and a co‑offender had been drinking at the Ivy Inn, entered the kitchen without permission, attacked the head chef with a mop, and then assaulted Garda James Keating, who had come to the pub for lunch. The assault on the Garda was aggravated by the fact it was committed on an off‑duty officer. The court emphasised that Kaiser had no prior convictions, had been a good employee, and had returned to Ireland in breach of a deportation order. Michael Kaiser pleaded not guilty.
Judge Melanie Greally adjourned the sentencing of Niall Byrne, Mark Farrelly, Christopher Corcoran, and David Byrne until July 16, remanding them in continuing custody. The men were convicted by a Dublin Circuit Criminal Court jury for their roles in the €2.08 million robbery of Paul Richardson and Securicor on March 14, 2005, and the false imprisonment of the Richardson family at their Raheny home on March 13 and 14, 2005. All four defendants had pleaded not guilty. The jury convicted Farrelly, Corcoran, and David Byrne of robbery and false imprisonment. Niall Byrne was convicted of conspiracy to robbery, while the jury failed to reach a majority verdict on a kidnapping charge against him. This was the fifth trial for the case; previous convictions for Farrelly and Corcoran were overturned in 2012 due to unconstitutional search warrants, and subsequent acquittals were reversed by the Court of Appeal. During the hearing, victim Paul Richardson described the crime as "heinous and inhumane" and driven by greed. His wife and sons also submitted impact statements detailing the long-term trauma. The court noted Farrelly had 25 previous convictions, while Corcoran, David Byrne, and Niall Byrne had prior records for minor offences. The matter was adjourned for sentence.
Declan Harris, 59, pleaded guilty to possessing €2,830 worth of heroin at the Dunkettle Interchange on 2 February 2016. He was sentenced by Judge Seán Ó Donnabháin at Cork Circuit Criminal Court to five years imprisonment on 23 July 2017. Harris appealed the severity of the sentence, but the Court of Appeal, in a decision delivered by President Mr Justice Birmingham with Mr Justice John Edwards and Mr Justice John Hedigan, held that there was "no question" of a reduction. The court considered whether the sentence should be increased but ultimately declined to intervene. The judges noted Harris's significant prior record, including an eight‑year sentence for a previous offence, and described him as a "professional" drug dealer with a calculated operation. Harris remains in Loughan House open prison, and the Circuit Court sentence was left in place.
A Dublin man, Stephen Bennett, lost his latest legal challenge against the Director of Public Prosecutions' (DPP) authority to prosecute offences related to obstructing the installation of water meters. Bennett's lawyers argued that only Irish Water, the water services authority, could prosecute under the Water Services Act 2007, citing the act's language and the legal maxim "expression unius exclusion alterius" to support their claim. They suggested that if the DPP were the intended prosecutor, the section would not have been enacted as it was. The High Court had previously rejected Bennett's challenge, finding no ambiguity in the act. The Court of Appeal, led by Justice George Birmingham, upheld that decision, stating there was no hint that the DPP's normal jurisdiction was ousted and affirming the DPP's entitlement to commence summary proceedings. Bennett's lawyers were absent at the hearing, and no cost issue arose as he was legally aided.
Brian Rattigan, 37, of Cooley Road, Drimnagh, appealed his conviction for directing a €1 million heroin supply from prison. He had pleaded not guilty at the Special Criminal Court to possession of heroin and two counts of possession for sale or supply on Hughes Road South, Walkinstown, on 21 May 2008. The court found him the director of a drugs gang and sentenced him to 17 years, back‑dated to June 2008, to run concurrently with a life sentence for the murder of 21‑year‑old Declan Gavin. The Supreme Court quashed the murder conviction in December 2017. Rattigan's counsel argued insufficient evidence of possession and control, citing lack of drug purity testing and questionable expert testimony. He also challenged the validity of warrants used in the case. The Court of Appeal reserved judgment on the appeal.
Keith Murphy, aged 42, is awaiting the outcome of an appeal against his conviction for repeatedly raping his step‑daughter over a six‑year period. He pleaded not guilty to 26 counts of sexual assault, two counts of attempted rape and 64 counts of rape between May 2008 and November 2015. A Central Criminal Court jury found him guilty after just under four hours of deliberation, and he was sentenced to 12 years' imprisonment, with the final two years suspended by Justice Deirdre Murphy on 29 May 2017. The offences largely took place in the former family home in Cork while the victim, now 19, was aged nine to 15. She waived anonymity and reported the abuse's devastating impact. The appeal, opened today, focuses on alleged due‑process failures, including the judge's handling of DNA evidence and jury instructions. The Court of Appeal will reserve its judgment.
Walter Morrissey has lost his appeal against the severity of his sentence for aggravated sexual assault and intentionally or recklessly causing serious harm to his former partner. The Court of Appeal, presided over by Mr Justice John Edwards with Mr Justice John Hedigan and Mr Justice Patrick McCarthy, dismissed the appeal without hesitation. Morrissey, 74, was found guilty by a jury of assaulting a woman in Kilkenny between December 1 and 8, 2011. Medical evidence indicated he used his fist to cause severe injuries, which a gynaecologist described as comparable to machete rape in sub-Saharan Africa, stating self-infliction was impossible. In 2013, Mr Justice George Birmingham sentenced Morrissey to 13 years imprisonment, describing him as cunning, devious, and manipulative. Counsel Seán Gillane SC argued the sentence was excessive compared to typical rape cases. However, the appellate court found the sentence lenient, noting the case fit within a 15-year-to-life category before a generous four-year reduction for age. The court stated the depravity reached new depths. Morrissey's criminal history includes a 1977 conviction for the double manslaughter of Francis McEnery and his son Marcus, and a 1999 conviction for seven counts of indecent assault. He previously lost an appeal against his conviction for the current sexual assault charges in May.
Craig O'Donnell, aged 21, was convicted in 2014 of aggravated burglary, burglary, possession of a knife, robbery, possession of a firearm and escape from lawful custody in Limerick. He received a ten‑year sentence, with 18 months suspended, imposed by Judge Tom O'Donnell on 5 May 2017. In a Court of Appeal hearing, Mr Justice George Birmingham asked whether the sentence should be increased in light of recent guidance on burglary sentencing. The three‑judge panel, led by Mr Justice John Edwards, upheld the original eight‑and‑a‑half‑year jail term. Edwards noted that O'Donnell's first offences were committed at age 17 and 18, that he had a history of drug problems and four prior convictions, and that the Court of Appeal found no error in principle. The appeal was dismissed, leaving the sentence unchanged. Craig O'Donnell pleaded guilty.
Anthony Hussey, 27, from Ardshillane, Sneem, Co Kerry, was sentenced to 13 years' imprisonment for twice raping a 73‑year‑old woman after breaking into her home on 20 September 2014. He pleaded guilty to two categories of rape at the Central Criminal Court. The sentence included five years of post‑release supervision. Hussey appealed against the severity of the sentence, but the Court of Appeal dismissed the appeal. Justice John Hedigan described the offence as one of the most serious cases of rape before the court, noting that Hussey had placed the victim's hand over her mouth, struck her face, threatened her with further rape, and left her covered with a duvet. The judge highlighted the extraordinary impact on the victim and the "constellation of aggravation" that justified the severe sentence. Hussey had no prior convictions and was described as well‑adjusted and popular in his community before the offence.
Gerard Lawlor, 68, of Balrothery, Tallaght, pleaded guilty in the Dublin Circuit Criminal Court to 11 counts of fraudulently claiming €167,873 in social welfare payments from 2005 to 2015. The fraud was uncovered during a Revenue audit of his former wife's dieting company, which revealed that Lawlor had been claiming pre‑retirement payments for himself and adult dependent allowances for his estranged wife. On 15 June 2017 Judge Karen O'Connor imposed a wholly suspended three‑year sentence with strict conditions, citing a reluctance to imprison Lawlor because it would be detrimental to the life of his sisters, who rely on his support. The Director of Public Prosecutions has requested a review of the sentence on the grounds that it was unduly lenient. The Court of Appeal has reserved its judgment. The case remains at the appeal stage, with no further outcome reported.
Mark Hehir, a 27‑year‑old former captain of the Galway Under‑21 All Ireland football team, pleaded guilty to stealing €259,072 from his former employer, Galway City Bin, over a six‑month period in 2016. In January, Judge Rory McCabe at Galway Circuit Criminal Court imposed a wholly suspended two‑year sentence, ordered 240 hours of community service, required Hehir to remain gambling‑free, to avoid opening a bookies account, to attend counselling, and to pay €100 a week in restitution. The Director of Public Prosecutions, represented by Lorcan Staines BL, requested a review of the sentence, arguing that gambling was not an exceptional circumstance and that the sentence was unduly lenient. Hehir's counsel, Bernard Madden SC, countered that Hehir's addiction and his efforts to repay the debt were exceptional factors. The Court of Appeal, with Justices George Birmingham, John Edwards and John Hedigan, reserved judgement on the review.
Conan Murphy, aged 30, the son of Colm Murphy, withdrew his appeal against a six‑year jail term for building an explosive in County Louth in 2010. Murphy had pleaded guilty before trial, while his co‑defendant Philip McKevitt, aged 62, contested the charge and was convicted. Both men had earlier appealed convictions that followed a Supreme Court ruling that Section 29 search warrants were unconstitutional, leading to retrials. Murphy was sentenced to seven‑and‑a‑half years, with the final 18 months suspended; McKevitt received eight‑and‑a‑half years. On Monday, McKevitt withdrew his appeal after the Court of Appeal reminded his lawyers of the court's full powers, and on Thursday Murphy's lawyers formally withdrew his appeal. The case involved surveillance of a house in Aghaboys, where police found a shed containing a bomb‑loading unit, two gas cylinders, 26 kg of glucose, and a command‑wire, and an ERU intervention prevented the device's completion.
Frank Kelly, aged 24, pleaded guilty to three counts of sexually assaulting a 20‑year‑old woman while she was in a state of particular vulnerability. The assaults were captured in three video clips found on the mobile phone of a man involved in a fatal car crash. The clips show Kelly licking the victim's vagina, digitally penetrating her while saying he was "going in for the kill", and anal penetration. The victim was unaware of the abuse until the clips were presented to her during the investigation, which she described as very distressing. Kelly was sentenced at Bray Circuit Criminal Court to five years' imprisonment, with the final two‑and‑a‑half years suspended by Judge Michael O'Shea on 7 April 2017. The Director of Public Prosecutions sought a review, claiming the sentence was unduly lenient, but the Court of Appeal declined to intervene, leaving Kelly's release date in February 2019.
The Court of Appeal has upheld the conviction of Ryan Glennon, a 25-year-old Dublin man, in the first recorded trial at the second Special Criminal Court. Glennon was convicted in 2016 of membership of an illegal organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA. The appeal, heard by President Mr Justice George Birmingham with Justices Mahon and Hedigan, was dismissed as the court found the prosecution mounted a particularly powerful case. The original non-jury court, presided over by Mr Justice Eagar, relied on belief evidence from Chief Superintendent Peter Kirwan, who stated he believed Glennon was an IRA member based on confidential information. The court also considered inferences drawn from Glennon's refusal to answer material questions during Garda interviews, including inquiries about his presence in a Courtown, Co Wexford house containing Semtex explosive, rockets, and improvised explosive device materials. Physical evidence linked Glennon to the scene, with his fingerprints found on a handcart holding a water butt used for storage and his DNA detected on gloves in the kitchen. Surveillance testimony further placed him at the premises, a holiday home owned by his parents, where bags were seen being transferred from vehicles. The Court of Appeal rejected all grounds of appeal, confirming the original finding of guilt.
Joseph Walshe, a 50‑year‑old former general manager of Nevinar Cosmetics Ltd, was found guilty of ten counts of theft for stealing Clarins cosmetics worth over €700,000 retail from his employer between January 2010 and December 2011. He sold the goods to a UK wholesaler who believed he acted on behalf of Nevinar, receiving €204,122.38, while the loss to Nevinar was €181,582.00. A jury convicted him after a 12‑day trial and Judge Pauline Code sentenced him to two‑and‑a‑half years' imprisonment, suspending the final 12 months on the condition that he repay €181,000 within one year. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient, but the Court of Appeal dismissed the appeal, finding no error in the sentencing judge's approach. The case was described as a serious, pre‑meditated fraud carried out over more than two years. Joseph Walshe pleaded not guilty.
The Supreme Court of Ireland has dismissed Gary Davis's appeal and cleared the way for his extradition to the United States. Davis, who lives in Wicklow, is alleged to have been an administrator of the Silk Road website, which sold illegal drugs and hacking software. He faces US charges of conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering, and could receive a life sentence if convicted. Davis argued that his Asperger's Syndrome and mental health would be at risk if extradited, but the court found no real risk of degrading treatment and held that the state must protect all persons in extradition cases. The High Court had ordered his extradition in 2016, and his 2017 appeal was dismissed. The Supreme Court granted a 48‑hour stay to allow his lawyers to advise him and consider a referral to the European Court of Human Rights.
A 35‑year‑old Waterford man was found guilty of raping his younger cousin at his home on 27 February 2013. The Central Criminal Court jury convicted him and he was sentenced to eight years' imprisonment, with the final year suspended, by Mr Justice Robert Eagar on 18 April 2016. The man appealed against the severity of the sentence. The Court of Appeal, sitting with Mr Justice John Hedigan, Mr Justice Michael Peart and Mr Justice Alan Mahon, upheld the seven‑year jail term. Mr Justice Hedigan noted that the man and the victim had attended a pub gathering to mark the first anniversary of the man's mother's death, moved between pubs, and were intoxicated. The victim woke to find the man on top of her, undressed, and she told him to stop and leave. The man, a separated father of one, had seven prior convictions, including theft and drug supply. The unnamed 35-year-old pleaded not guilty.
Darren Weldon, a 47‑year‑old taxi driver from Kilbarrack, Dublin, had his 2014 conviction for membership of the Irish Republican Army quashed on appeal. The Special Criminal Court had found him guilty on 14 October 2014, sentencing him to five years' imprisonment with the final year suspended. The Court of Appeal held that the trial court's finding was "factually incorrect" because it relied on a photo from Weldon's iPhone that did not actually show him, and that the evidence left a "substantial gap" in the court's reasoning. The appeal judge, Mr Justice John Hedigan, noted that the conviction was based on a combination of opinion evidence, DNA linking Weldon to a car bomb's number plate, and the disputed photo. With the conviction deemed unsafe, it was quashed, a retrial ordered, and Weldon was released on bail to appear again before the Special Criminal Court on 29 June 2018. Darren Weldon pleaded not guilty.
Jason Byrne, a 38-year-old from Clondalkin, Dublin 22, has lost his appeal against his conviction. Byrne had pleaded not guilty at Wexford Circuit Criminal Court to a series of offences, including three counts of burglary, one count of aggravated burglary, assault causing harm, and unauthorised use of a vehicle, allegedly committed in the south-east in 2008 and 2009. Following a lengthy trial, a jury found him guilty, and Judge Barry Hickson sentenced him to six years imprisonment on April 15, 2016. The Court of Appeal, presided over by Mr Justice George Birmingham with Mr Justice Alan Mahon and Mr Justice John Hedigan, dismissed the appeal, holding that the trial was satisfactory and the conviction safe. The prosecution alleged Byrne was part of a gang targeted by An Garda Síochána's Operation Slope. Key evidence came from Des Kavanagh, an accomplice in the Witness Protection Programme, who implicated Byrne in incidents including a burglary at Bunclody and an assault at an Esso filling station. Byrne's lawyers argued Kavanagh's evidence lacked credibility and transparency. However, the Court of Appeal noted the trial judge had issued clear warnings to the jury regarding the dangers of relying on such evidence. The court concluded that the matter was quintessentially for the jury to decide, and they were content to convict based on the evidence presented.
Gerard Hayes, 53, of Limerick, was convicted of murdering 20‑year‑old John Robinson at John Carew Park on 22 or 23 January 2000. A Central Criminal Court jury found him guilty and he received a mandatory life sentence in March 2003. Fifteen years later, Hayes brought an appeal against his conviction. The Court of Criminal Appeal, presided over by Mr Justice John Edwards with Mr Justice George Birmingham and Mr Justice Alan Mahon, dismissed the appeal. The court noted that Hayes had not sought leave from the trial judge to appeal, had delayed the appeal process, and had not requested a transcript of the original trial in a timely manner. The original stenographic record and tapes had been destroyed, and the court found no evidence that the trial was unsatisfactory or that the conviction was unsafe. Consequently, the appeal was rejected. The case remains at the conviction stage. Gerard Hayes pleaded not guilty.
The Court of Appeal has quashed the conviction of Michael Connolly, a 45-year-old from Dundalk, for membership of an unlawful organisation, styling itself Oglaigh na hEireann, otherwise the Irish Republican Army, otherwise the IRA, on December 16, 2014. Connolly had pleaded not guilty at the Special Criminal Court, where he was found guilty and sentenced to three years imprisonment by Mr Justice Tony Hunt, presiding alongside Judge John O'Hagan and Judge Flann Brennan, on July 10, 2017. The appeal centered on the trial court's refusal to view an intelligence file that grounded Assistant Garda Commissioner Michael O'Sullivan's "belief evidence" regarding Connolly's membership. The trial court had upheld the Assistant Commissioner's claim of privilege over the material, citing State security and protection of life, and declined to inspect the file. In allowing the appeal, Mr Justice Alan Mahon, sitting with President George Birmingham and Mr Justice John Edwards, ruled that the trial court's reasons for rejecting the request to view the file were insufficient to justify their refusal. The Court of Appeal noted that the belief evidence significantly contributed to the guilty verdict. Consequently, the court quashed Connolly's conviction, ordered a retrial, and remanded him on bail to appear before the Special Criminal Court on Monday next.
The appeal of Michael Lowry TD, concerning four charges of filing incorrect tax returns between August 2002 and August 2007 in relation to a sum of Stg £248,624 received by his company, Garuda Ltd, and one charge of failing to keep a proper set of accounts between August 28, 2002 and August 3, 2007, is ongoing. The charges allege that Lowry arranged for a payment of Stg £248,624 to be made to a third party through the Glebe Trust, resulting in the payment not appearing in the company accounts for that year. It is further alleged that the accounts were falsified in 2007 to reflect that the payment was received in 2006. Lowry and Garuda Ltd pleaded not guilty to these charges. The appeal is currently at the stage of deliberation, with the jury having retired for the evening after failing to reach a verdict on the second day of deliberations. The matter is to be adjourned until tomorrow morning for the jury to resume their deliberations.
The Court of Appeal heard several sentencing appeals, with two appellants withdrawing their cases after President Mr Justice George Birmingham reminded counsel of the court's power to increase sentences. Philip McKevitt, 62, of Dundalk, withdrew his appeal against an eight-and-a-half-year sentence imposed in 2017 by the Special Criminal Court. He had been convicted of making a bomb in his shed on May 22, 2010, which detectives alleged would have weighed 500lb fully loaded. His co-accused, Conan Murphy, 32, had previously pleaded guilty to the same incident and received a six-year sentence. In a separate matter, Charles McDonagh, 27, of Co Cavan, withdrew his appeal against a nine-year sentence for dangerous driving causing serious harm, a decision Mr Justice Birmingham described as sensible. Conversely, the court upheld the sentences of two other appellants. Keith Hughes, 27, of Dundalk, had his appeal dismissed regarding a six-year sentence (with the final year suspended) for robbing €235 and possessing a knife at a bookmaker in 2015. The court noted his 59 previous convictions and found no error in principle. Additionally, the appeal of a 28-year-old South African national against a 10-year sentence for raping his former partner was dismissed, with the court holding the sentence was within the available range.
In 2018 a 25‑year‑old man's rape conviction was quashed after the Court of Appeal ruled that his lawyers had been prevented from questioning a 15‑year‑old complainant about her use of a contraceptive pill. The man had been found guilty by a Central Criminal Court jury in 2016 and sentenced to eight years' imprisonment. The defence had argued that the girl's sexual activity was consensual and that she had been sexually active before the alleged rape, citing text messages and a photo of a male penis. The trial judge had ruled that these materials did not prove close sexual relations and that questioning the girl about her pill use would be degrading. The Court of Appeal agreed that the judge had wrongly excluded questions about why the girl was on the pill, an issue it deemed important for the jury's credibility assessment. The unnamed 15-year-old pleaded not guilty.
Philip McKevitt, 62, of Aghaboys, Mount Pleasant, Dundalk, was convicted by the Special Criminal Court for possession of explosive substances on 22 May 2010. He had denied the charges. McKevitt's co‑accused, Conan Murphy, 32, had pleaded guilty and received a six‑year sentence, while McKevitt was sentenced to eight and a half years. McKevitt had previously been tried and convicted in 2011, but a Court of Criminal Appeal overturned that verdict and ordered a retrial. The investigation began in May 2010 after Gardaí received information about IRA activity in Louth. Surveillance outside McKevitt's house observed him with Murphy and a garda heard an angle‑grinder in the shed. On 22 May, Gardaí entered the shed, finding two adapted gas cylinders, fifty‑two 500‑g glucose bags, a 377‑metre wire, and a match to McKevitt's DNA on a cylinder handle.
Paula Farrell, 44, had her murder conviction quashed by the Court of Appeal after a Central Criminal Court jury found her guilty of killing her partner Wayne McQuillan, 30, on 1 January 2014. The appeal argued that the trial judge wrongly excluded the partial defence of provocation, which could have been considered by the jury. The court noted that Farrell had claimed she was provoked by McQuillan's violence and that she had a history of alcohol‑induced psychosis and PTSD from alleged sexual abuse. The Court of Appeal ordered a retrial and remanded Farrell in custody. The case remains at the retrial stage, with no further outcome reported in the article. Paula Farrell pleaded not guilty.
Brendan Smith, a former director of Aston Carpets and Flooring, was found guilty of price‑fixing with Carpet Centre (Contracts) Ltd between July 2012 and April 2013. The scheme involved both firms tendering higher bids than the other to secure contracts. Smith pleaded guilty and was fined €7,500, fined the company €10,000, given a three‑month prison sentence suspended for two years, and disqualified from acting as a director for five years. The Court of Appeal, after an appeal by the Director of Public Prosecutions, ruled the €7,500 fine "unduly lenient" and increased it to €45,000, to be paid within six months. Smith's suspended sentence and the company's fine remained unchanged. The appeal judge noted the profits from the scheme were modest and the customers affected were mainly large corporations. The case was concluded after a Garda raid on April 30, 2013, and the cooperation of Carpet Centre's David Radburn, who received immunity.
In a Cork city park on 28 June 2013, Keith Aherne, aged 24, was found guilty of raping a woman while he held her down. He denied the charges. The other perpetrator, who pleaded guilty but died before sentencing, is alleged to have committed the rape. Aherne was sentenced to ten years' imprisonment, with the final year suspended, and was deemed a principal offender for aiding and abetting the offence. The Court of Appeal upheld the conviction. Mr Justice Alan Mahon, sitting with Mr Justice George Birmingham and Mr Justice John Edwards, dismissed all of Aherne's grounds of appeal, noting that none had succeeded. Aherne's barrister, Brendan Grehan SC, argued that the trial judge erred in admitting certain evidence and in handling cross‑examination, but these arguments were rejected by the appellate court. The appeal was therefore dismissed. The conviction remains in force.
The Court of Appeal has ordered a retrial for an unnamed man who was previously acquitted on hazardous landfill charges. The acquittal, delivered by Judge Patrick McCarthy in 2015, was based on the man's alleged holding or disposing of waste in a manner that could cause environmental pollution and on his alleged failure to comply with a waste licence. The Director of Public Prosecutions appealed in January on a legal point under Section 23 of the Criminal Procedure Act 2010. The Court of Appeal, led by Judge George Birmingham, found the acquittal should be quashed and a retrial in the interests of justice. The case was remitted back to the Circuit Court for a new hearing on Monday. The court noted that the trial judge had focused on whether the man had the capacity to direct the company, whereas the real issue was whether he functioned as a senior manager with responsibility for the waste site.
Daniel McDonnell, aged 23, was convicted of murdering 16‑year‑old Melanie McCarthy McNamara in Tallaght on 8 February 2012. The Central Criminal Court found that a shot from a stolen black Hyundai Santa Fe hit McCarthy in the head while she sat in a car with her boyfriend and a friend. McDonnell was arrested the following week and pleaded not guilty. He was found guilty by a jury after over four hours of deliberation and received a mandatory life sentence on 24 January 2014. McDonnell appealed in April, arguing the reliability of two letters he wrote while in custody. The Court of Appeal dismissed the appeal, ruling the trial was fair and the jury's verdict safe, and upheld the conviction. The appeal also rejected arguments about the letters' admissibility and the lack of other evidence. The case remains at the appeal stage.
The Court of Appeal dismissed Eric Eoin Marques's appeal against his extradition to the United States. Marques, who is accused of running the world's largest child‑pornography facilitation site, Freedom Hosting, was arrested in 2013 on a US request. He has filed several actions in Ireland, including a challenge to the Director of Public Prosecutions' decision not to prosecute him domestically and a request that the Minister for Justice disclose the reasons for that decision before ordering his surrender. The High Court had already dismissed his application in November 2015, and the Court of Appeal had rejected it again in 2016. In its latest ruling, the Court of Appeal, with Justices Peart, Mahon and Hedigan, confirmed that extradition is an international cooperation process, not a criminal proceeding, and that Marques had no right to compel the Minister to obtain or disclose the DPP's reasons.
Former solicitor Michael Lynn, aged 49, was extradited from Brazil to face 21 charges of multimillion‑euro theft at Dublin Circuit Criminal Court. The charges allege he stole nearly €30 million from seven financial institutions, including €4.1 million from Irish Nationwide on 4 April 2007 and €3.6 million from Ulster Bank on 20 October 2006. He was denied bail by Justice Una Ni Raifeartaigh on 6 April. Lynn appealed the refusal in the Court of Appeal, where a decision was expected that afternoon. Trial is set for 13 January 2020.
Larry McCarthy, aged 39, was convicted by a non‑jury Special Criminal Court of assaulting cyclist David Foran, 33, on 25 November 2014 and of threatening to use unlawful violence with two others. The court sentenced him to six years' imprisonment on 31 July 2017. McCarthy appealed, arguing that the admission of Foran's initial statement was improper under section 16 of the Criminal Justice Act 2006. The Court of Appeal dismissed the appeal, agreeing that the statement was admissible. On a subsequent sentence appeal, the Court of Appeal suspended the final 15 months of McCarthy's six‑year term, citing errors in the original sentencing court's weighting of a 1999 violent‑disorder conviction and the exclusion of mitigating factors such as positive testimonials and difficult family circumstances. McCarthy was required to enter a two‑year good‑behaviour bond after release. The case remains at the sentencing‑appeal stage. Larry McCarthy pleaded not guilty.
Dermot Griffin, 58, of Ballyfermot, was convicted of manslaughter after setting fire to a makeshift den on Rossfield Avenue, Tallaght, on 1 September 2001, killing 12‑year‑old Stephen Hughes. The 13‑day trial concluded with a 15‑year prison sentence imposed by Judge Patricia Ryan on 23 June 2014. Griffin appealed the conviction and sentence, but the Court of Appeal, led by Mr Justice George Birmingham, dismissed the appeal in March. The court upheld the 15‑year term, citing the extreme recklessness of the offence and the high harm caused by the death of a child. Evidence included footage of an unidentified man, later identified as Griffin, approaching the den at about 5 a.m. and the den catching fire immediately. Witnesses, including former partner Tracy Deegan and others, testified that Griffin had left the house twice that night and intended to burn the hut.
Alan Hanley, aged 35 and without a fixed abode, was convicted at the Central Criminal Court of three counts of rape and one count of assault after attacking a woman in her Limerick home on the night of 4–5 May 2012. He pleaded not guilty but was found guilty on all counts at a retrial, and Ms Justice Deirdre Murphy sentenced him to 12 ½ years for each rape and five years for the assault. Hanley appealed on the basis that the trial judge failed to give the jury a corroboration warning, a warning that had been issued in his first trial. The Court of Appeal agreed, directed a retrial and remanded him in custody pending the next hearing on 25 June. The appeal centred on inconsistencies in the complainant's testimony, including whether Hanley ejaculated and the subsequent handling of a rug. Hanley's prior convictions include possession of a knife (2000) and threats to kill (2007, 2008).
A 39‑year‑old nurse, Greta Dudko, was convicted of murdering her 55‑year‑old mother, Anna Butautiene, on Christmas Eve 2010. Dudko admitted striking her mother's head against a wall and then hitting her with a glass bottle, causing blunt‑force trauma. The Central Criminal Court found her guilty of murder by a 11‑to‑1 jury verdict and imposed a mandatory life sentence on 22 October 2014. She had been suspended from nursing work earlier that year for intoxication at work and had an alcohol problem. Dudko's appeal, filed in December 2015, challenged the judge's handling of intoxication and the fairness of the jury charge. The Court of Appeal dismissed the appeal, ruling the judge's conduct was not unfair and the conviction remained valid. The court also upheld the admissibility of photographs of the deceased at the crime scene. The unnamed 39-year-old pleaded not guilty.
A 73-year-old man from County Mayo will not face a third retrial following a Court of Appeal ruling. His rape conviction, overturned in February 2018, will not be prosecuted again after the Director of Public Prosecutions' application for a retrial was refused. The man had been found guilty at the Central Criminal Court in 2015 of indecent assault and multiple counts of sexual assault and rape of a child between 1990 and 1994, receiving a 13-year sentence with the final five years suspended. The Court of Appeal had set aside the conviction, finding that evidence of the man's previous convictions for abusing the complainant's sisters should not have been presented to the jury due to their prejudicial effect. In refusing the retrial application, Mr Justice Alan Mahon cited the appellant's age and health, the age of the allegations, and the fact this would constitute a third trial on the matter. The unnamed 73-year-old pleaded not guilty.
In a Court of Appeal hearing on 8 June 2018, Private Dean Kane, aged 24 and a year into service with the 27th Infantry Battalion, was discharged from the Defence Forces for pointing a cocked and loaded Steyr automatic rifle at a fellow private while joking in his barracks. Kane had previously pleaded guilty in a summary Court Martial to three counts of negligent performance of duty and one count of conduct prejudiced to good order. He had loaded the rifle with a 30‑round magazine, cocked it, and pointed it near another soldier, then lied to a Corporal about the magazine. The military judge's sentence was upheld by a three‑judge Court of Appeal, which found no error in the judge's approach. Kane's conduct was deemed a serious breach of weapon safety protocols, and he was discharged by order of the military judge in March 2018. The appeal was dismissed, confirming the discharge and the seriousness of the offence.
In a Dublin case, a 36‑year‑old man was convicted of sexually abusing his eight‑year‑old nephew between 1988 and 1991. He was found guilty of eight counts of indecent assault, one count of rape and one count of sexual assault. The court noted the abuse was frequent, occurring three or four times a week, and that the victim was threatened with violence. The man had denied all charges, including 26 additional counts that the judge directed the jury to acquit. He received a 10‑year prison sentence, imposed on 20 February 2017, for the seriousness of the offences and the child's age. He appealed the conviction, but the Court of Appeal dismissed the appeal, stating the investigation was adequate and the conviction was safe. The appeal against the sentence's severity was later withdrawn.
Liam Power, 54, was convicted of murder for killing Latvian national Giants Intembergs in Tullow, County Carlow, after a disputed arm‑wrestling match. Power claimed he was provoked when Intembergs slapped him and that he struck him with a "haymaker" to the chin, then kicked him 10 or 11 times before removing his clothes. He was found not guilty of assault on a second man, Aigar Sildars, who was also attacked. The jury, after 14 hours and 38 minutes of deliberation, returned a 10‑2 verdict of murder and Power was sentenced to life imprisonment by Ms Justice Isobel Kennedy on 16 November 2016. Power appealed, arguing that evidence of his statements to Gardaí was inadmissible because he was intoxicated. The Court of Appeal, in a three‑judge panel, rejected the appeal, holding that the trial was satisfactory and the conviction safe.
The Court of Appeal upheld a total prison sentence of 22 years for a 31‑year‑old Cork man, who was convicted of raping and assaulting his former partner on 10 July 2013 and a woman he barely knew on 4 January 2014. He pleaded guilty to the first offence and was found guilty of the second after a trial. Sentencing on 29 February 2016 gave a 12‑year term for the January 2014 rape, and on 19 May 2017 a consecutive 10‑year term for the July 2013 rape, bringing the total to 22 years. The appeal, brought by the defendant, was dismissed by Mr Justice John Hedigan, who said the judge's approach was meticulous and proportionate, noting the gravity of the offences and the defendant's status as a serial rapist. The court confirmed that the sentences should not merge or run concurrently, maintaining the 22‑year total.
Cian Walsh, 30, from Cork, pleaded guilty to two counts of possessing a firearm and three counts of threatening to kill in September 2016. He was originally sentenced to six years in prison, with two years suspended, by Judge Gerard O'Brien. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal, in a three‑judge panel headed by Mr Justice George Birmingham, re‑sentenced Walsh to five years in prison, adding an extra 12 months. The appeal was based on the fact that Walsh had a loaded sawn‑off shotgun with the safety off, was intoxicated, and threatened a woman. During the incident, one round discharged when he "tripped over the family dog". After the incident he fled in a vehicle, left the gun at St Joseph's Cemetery, and was apprehended shortly thereafter.
The Court of Appeal found a 44‑year‑old man's wholly suspended three‑year sentence too lenient and sentenced him to 18 months in jail. He had pleaded guilty in 2012 to assaulting his wife and in 2015 to five counts of threatening to kill her and each of their four children. The judge described the 2015 threats as a "truly awful offence" and noted the man's history of mental health problems. The Court of Appeal imposed a three‑year custodial term with the final 18 months suspended, a 12‑month concurrent term for the 2012 assault, and required the man to enter a good‑behaviour bond, maintain contact with mental health services and have no contact with his wife or children for three years unless invited. The sentence was imposed on Friday afternoon.
The Court of Appeal has adjourned the appeal of Dónall Billings, a 67-year-old from Drumlish, County Longford, to a future list in July. Billings was previously found guilty by the Special Criminal Court of possessing an explosive substance at Longford railway station car park on May 16, 2011. He was also convicted of making false reports on May 16, 18, and 20, 2011, alleging bombs were placed at Busáras, Sinn Féin headquarters, Dublin Castle, and Cork airport during Queen Elizabeth's state visit. Mr Justice Tony Hunt, presiding with Judges Martin Nolan and Cormac Dunne, sentenced Billings to eight-and-a-half years' imprisonment, noting he was not entitled to express low opinions of the Queen through criminality. Concurrent terms were imposed for the false reports. Billings has lodged an appeal against his conviction and sentence. During case management, his barrister, Lyndsay Duffy, formally applied for the appeal to be heard in Irish by three Irish-speaking judges. President of the Court of Appeal, Mr Justice George Birmingham, stated the court faces an "immediate crisis" due to a judge shortage, leaving only five judges available to sit unrestrictedly. He remarked on the difficulty of finding three English-speaking judges, let alone Irish-speaking ones. The matter was adjourned to allow time for the court to reach full composition and determine its linguistic capacity. No final decision on the appeal has been made.
Brendan Smith, a former director of Aston Carpets and Flooring, was given a suspended three‑month prison sentence and a €7,500 fine for his role in a price‑fixing scam that targeted large firms such as Google, PayPal and MasterCard between July 2012 and April 2013. Smith and a rival contractor, Carpet Centre (Contracts) Ltd, colluded to submit higher bids than the other, thereby inflating contract prices. The scheme was uncovered when David Radburn of Carpet Centre revealed the agreement to the Competition and Consumer Protection Commission. Smith was also charged with attempting to impede a prosecution after a raid on the companies' offices. The Director of Public Prosecutions has appealed the penalties, arguing they were unduly lenient, and the Court of Appeal has reserved its judgment. The case remains at the sentencing stage. Brendan Smith pleaded guilty.