Joseph Walshe, a 49‑year‑old former general manager of Nevinar Cosmetics Ltd, was found guilty of ten counts of theft between January 2010 and December 2011. He stole Clarins cosmetics worth over €700,000 in retail value, selling them to a UK wholesaler who believed he acted on behalf of Nevinar. Walshe received €204,122.38 for the goods, while the company lost €181,582.00. A jury trial lasted 12 days, and on 15 June 2017 he was sentenced to two‑and‑a‑half years' imprisonment, with the final 12 months suspended. The judge ordered him to pay the company €181,582.00. The Director of Public Prosecutions has appealed, arguing the sentence is unduly lenient, citing pre‑meditated fraud, abuse of trust and greed as aggravating factors. The Court of Appeal has reserved its judgment. The article reports only the sentencing stage and the appeal request, without any subsequent outcome. Joseph Walshe pleaded not guilty.
Smael Heirouche, a 39‑year‑old Dutch national of Moroccan descent, was sentenced to five years' imprisonment in 2017 for threatening to kill two French flatmates in Cork on 14 November 2016. He had threatened to kill one of his flatmates while wearing "Muslim style clothing" and carrying a copy of the Koran, and had also threatened to cut the heads off people he called "Zionists". He had previously threatened to place an explosive device on a bus in the Netherlands and had been diagnosed with schizophrenia there. On appeal, the Court of Appeal reduced his sentence to three years, with the final two years suspended, on the condition that he cooperate with medical treatment and comply with all requirements of his advisers. He is currently detained under the Mental Health Act in a Cork facility. Smael Heirouche pleaded guilty.
Dermot Griffin, 57, of Ballyfermot, was convicted of manslaughter for setting fire to a makeshift den on 1 September 2001, which killed 12‑year‑old Stephen Hughes. The 13‑day trial concluded with a 15‑year sentence imposed by Judge Patricia Ryan on 23 June 2014. Griffin appealed the conviction, but the Court of Appeal dismissed the appeal on all grounds. Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Edwards, upheld the conviction, noting that the evidence, including witness testimony and video footage, supported the finding that Griffin started the fire. The appeal was rejected because the Court found no substantive errors in the trial or grounds to discharge the jury. The conviction and sentence remain in force.
An unnamed 64-year-old man from Tipperary was sentenced at the Central Criminal Court following an appeal. He pleaded guilty to one count of rape, one count of attempted rape, and three counts of sexual assault committed against his niece, who was aged between five and ten, between December 1999 and May 2005. Mr Justice Tony Hunt imposed a headline sentence of 12 years, which was reduced to eight-and-a-half years due to the defendant's early guilty plea and admissions. The final year of the sentence is suspended on the condition that the man remains under Probation Service supervision for two years post-release, resulting in an effective custody period of seven-and-a-half years. The judge noted the defendant's limited cognitive ability and lack of previous convictions. The court heard allegations that the man terrorised the victim, who is now 23, and that the abuse caused severe long-term psychological harm, including depression and suicide attempts. The judge stated he would have imposed a longer sentence but was constrained by Court of Appeal guidelines. The matter was finalised with this sentencing.
Mark McCarthy, aged 32, had his nine‑year prison sentence for the tiger kidnapping of the Nawn family increased to 15 years after the Director of Public Prosecutions appealed. The kidnapping, which took place on 1–2 August 2011, involved the abduction of Warren and Jean Marie Nawn and their 10‑week‑old baby in County Louth and County Dublin. McCarthy was found guilty of false imprisonment and the theft of €661,125 from the Post Office in Drogheda, an amount that has never been recovered. The Court of Appeal described the original sentence as "unduly lenient" and, after considering mitigating factors such as alleged duress and a drug debt, imposed a 15‑year term. The decision was made by a three‑judge panel headed by Mr Justice George Birmingham. The case remains a rare example of a tiger kidnapping in Ireland.
In 2018 the Court of Appeal upheld a 12‑year sentence for a 55‑year‑old man convicted of sexually abusing his step‑daughter. The man had pleaded not guilty to four counts of rape, ten counts of sexual assault, one count of oral rape and two counts of using an object to penetrate the complainant between 2001 and 2005. The victim was aged 11 to 15 at the time. The Central Criminal Court had imposed concurrent sentences ranging from five to 12 years. The appeal was dismissed by Mr Justice Alan Mahon, who found that the trial judge had properly exercised discretion in admitting admissions and evidence. The Court found neither of the two grounds of appeal successful, and the conviction and sentence were confirmed. The case involved allegations of digital penetration, touching, oral rape and attempted intercourse, with evidence from the victim's mother, siblings and grandmother.
Jonathan Dowdall, aged 39, and his father Patrick Dowdall, aged 62, were sentenced by the Special Criminal Court to 12 and 8 years respectively for the false imprisonment and torture of Alexander Hurley on 15 January 2015. Video evidence showed Jonathan wearing a balaclava, holding a tea‑towel over Hurley's face and pouring water on him, while Patrick threatened to pull off Hurley's fingers with pliers. Both pleaded guilty. The Dowdalls have lodged appeals in the Court of Appeal, where judgment has been reserved. The court's decision was based on the video footage and the defendants' admissions, with counsel for the Dowdalls arguing mitigating circumstances such as financial distress and mental health issues. The appeal will be heard in April, with the court's judgment pending.
Michael O'Brien, aged 25, was found guilty of deceiving a vulnerable woman who was caring for her 95‑year‑old mother and had psychiatric illness. Between October and November 2015, O'Brien persuaded her to pay €5,000 repeatedly, claiming it was for driveway repaving, house painting, and a supposed bank scam. He collected about €90,000, her entire life savings, and only €20,000 was recovered. He pleaded guilty at Dublin Circuit Criminal Court and received a three‑year prison sentence on 24 March 2017. The Court of Appeal upheld the sentence, stating the deception was "so despicable" that the maximum five‑year sentence would have been appropriate. The appeal was dismissed, confirming the original three‑year term. The case highlighted the victim's vulnerability and the extent of the financial loss.
James Maher, 64, of Cherry Orchard Green, Ballyfermot, was found guilty of six counts of sexually abusing his nephews between 1980 and 1984. The nephews, aged eight to thirteen at the time, waived anonymity and described the abuse as "like an animal." One nephew said he had considered murdering Maher but decided against it, stating he would "answer to God." Maher's sentence of nine years was upheld by the Court of Appeal, with the final year suspended due to his age, health, guilty plea and lack of prior convictions. The Court confirmed an eight‑year custodial term was within the sentencing range of six to nine years. The appeal was dismissed, with the judges noting the premeditated, systematic and prolonged nature of the offences and their long‑term detrimental effects on the victims. The decision was made by a three‑judge panel including Mr Justice Alan Mahon.
Michael Taylor, 37, of Summerhill, Dublin, was convicted of murdering Paul Kelly, 26, at Winston Ville apartments on 6 April 2007. He was found guilty by a majority jury at the Central Criminal Court and sentenced to mandatory life imprisonment on 28 November 2011. Taylor's defence argued that the evidence was insufficient, describing it as "mere suspicion" and "short of proof." The Court of Appeal, led by Mr Justice George Birmingham, dismissed the appeal, upholding the conviction. The prosecution's case rested on three circumstantial elements: DNA of Taylor on a glove found 80 m from the scene, phone activity linked to Taylor near the crime, and a family feud that could have provided motive. The court found these elements sufficiently significant to support the jury's verdict, despite acknowledging the case was "finely balanced." No further appeal was granted. Michael Taylor pleaded not guilty.
Patrick Farrelly, 26, of Stag Park, Mitchelstown, Cork, was found with about €70,000 worth of cannabis over five months. He pleaded guilty to possessing €66,000 of drugs for sale or supply on 26 November 2016 and to possessing €3,692 of cannabis five months earlier. The Cork Circuit Criminal Court sentenced him to three‑and‑a‑half years, with 18 months suspended, and a concurrent 12‑month sentence for the lesser offence, leaving a net two‑year term. The Director of Public Prosecutions appealed, arguing the sentence was too lenient. In the Court of Appeal, Mr Justice Alan Mahon increased the sentence for the more serious charge to five years, with 18 months suspended, while the 12‑month sentence remained unchanged. The new five‑year term runs concurrently with the 12‑month term, which was likely already served.
Anthony Callaghan, aged 45, and Paul Zambra, aged 39, were apprehended on 29 May 2015 in Coolock after a three‑day surveillance operation by specialist Gardaí. Both men were found with a Ruger Revolver and a semi‑automatic pistol, the latter wrapped in newspapers and equipped with a silencer, and a full 5‑litre petrol container. They were charged with possession of firearms with intent to endanger life. Callaghan was sentenced to 12 years' imprisonment and Zambra to 10 years' by Judge Melanie Greally on 16 March 2016. On appeal, Callaghan's sentence was reduced to 11 years, while Zambra's remained unchanged. The Court of Appeal, citing a "slight distinction" in their prior convictions, quashed the original 12‑year term and substituted it with 11 years. The case remains at the appellate stage. Anthony Callaghan pleaded guilty. Paul Zambra pleaded guilty.
Faisal Ellahi, a Pakistani national, was convicted in 2016 of raping a young woman with Down syndrome in Dublin. He received a 13‑year prison sentence after a jury found him guilty of rape and sexual assault. Ellahi had pleaded not guilty and had lodged an appeal outside the 28‑day deadline. The Central Criminal Court scheduled a procedural hearing for July 17 to decide whether to grant him an extension of time to appeal. Ellahi was not present; the court heard that the victim was with her mother that day but had become separated. Testimony from 16 women described Ellahi's attempts to approach them, and Ellahi himself admitted to propositioning women and claiming consensual encounters, while denying penetrative sex with the victim. He also denied knowledge of her Down syndrome, stating he had never heard of it before his arrest.
A Cork man has been granted a date to appeal his conviction for membership of an unlawful organisation. Martin McHale, aged 54, was found guilty by the Special Criminal Court in 2017 following an incident in Monaghan in November 2013. He had claimed to gardaí that he travelled to the county for a social occasion and was unaware of fertiliser in the van he was driving. The court rejected his account, finding he had full knowledge of the contents and was a trusted transporter of the material. McHale was sentenced to four-and-a-half years imprisonment in February 2017. His appeal hearing has been scheduled for 19 July and is expected to last approximately half a day. McHale was not present at the Court of Appeal procedural hearing in Dublin.
The High Court heard evidence on the sixth day of an action brought by Graham Dwyer against the State and the Garda Commissioner, seeking to strike down provisions of Ireland's data retention laws. Dwyer, who denies killing childcare worker Elaine O'Hara, claims the 2011 Communications (Retention of Data) Act breached his privacy rights by allowing Gardai to access his mobile phone data during his 2015 trial. His appeal against that conviction remains pending before the Court of Appeal. Retired Detective Chief Superintendent Peter Kirwan, who headed the force's Security and Intelligence section, testified that over 8,000 requests for retained data were made by the Gardai since 2012. He stated such data is vital for detecting crime and locating missing persons, noting that any request, including one concerning O'Hara's murder, must be deemed proportional and necessary. Kirwan affirmed he operated independently of specific investigations and weighed competing interests, including privacy rights, before making formal requests. Dwyer argues the 2011 Act suffers from flaws identified by the European Court of Justice in its 2014 ruling invalidating the underlying EU directive. The application is opposed, and the hearing continues, with the matter expected to conclude next week.
In March 2018, St Patrick's School in Galway secured a Court of Appeal injunction against Eoghan O'Neachtain Ltd for operating an out‑of‑hours car park on the school's playground. The school, which has 200 pupils and is patronised by the Bishop of Galway, claimed it had never entered a lease for the playground, only a licence that allowed the yard to be used as a car park from 3 pm to 9 pm on school days and from 8 am to 9 pm on holidays and weekends for a monthly fee. The licence, first granted to Mr Mairtin O'Neachtain in 1999 and later to his son, expired by efflux of time at the end of January 2018. Justice Tony Hunt found the defendant's right to occupy had ended and that any continued use required a tenancy, which the defendant could not establish.
Professor Michael Clarke, a national security expert, testified in the High Court that broad data retention regimes are necessary for effective crime detection. Giving evidence on behalf of the State and the Garda Commissioner, he stated that restricting such regimes would create 'electronic spaces' where criminals could operate with impunity. He noted that retained data is used in 90% of serious crime investigations and 100% of terrorism cases in the UK. Prof. Clarke argued that targeted retention schemes are not operationally feasible and that general retention is required for effective evidence gathering. He acknowledged that accessing retained data raises privacy issues, though he maintained that retention itself does not constitute surveillance. This testimony was provided during the sixth day of an action brought by Graham Dywer against the State and the Garda Commissioner. Dywer claims the 2011 Communications (Retention of Data) Act breached his privacy rights, arguing it suffers from flaws identified by the European Court of Justice. The Act allowed Gardaí to obtain mobile phone data generated during his 2015 trial for the murder of childcare worker Elaine O'Hara. Dywer, who denies killing Ms. O'Hara, seeks declarations that his constitutional and human rights were violated. His appeal against his conviction is currently pending before the Court of Appeal. The State opposes Dywer's application. The hearing before Mr Justice Tony O'Connor continues.
A man in his sixties, convicted of sexually assaulting and raping his grand-niece on multiple occasions between 1992 and 1994 at locations in counties Donegal and Dublin, has failed in his appeal against conviction at the Court of Appeal. The appellant, whose identity is protected to safeguard the victim's privacy, was sentenced to seven years imprisonment in May 2017 following his trial at the Central Criminal Court. He sought to overturn the jury's guilty verdict on grounds that it was perverse and contrary to the weight of evidence. Mr Justice George Birmingham, sitting with two fellow judges, rejected the appeal, finding no circumstances warranted intervention with the jury's decision. The court noted that no application for a directed acquittal had been made during trial, indicating the defence accepted the matter warranted jury consideration. The judges were satisfied the verdict stood and found no fault with the trial judge's directions to the jury. The unnamed 66-year-old pleaded not guilty.
Thomas Garvan, aged 64, of Corbally Glade, Westborrk Glen, Tallaght, was sentenced to four‑and‑a‑half years in prison on 23 March 2017 for seven counts of sexually assaulting an 11‑year‑old boy between December 1996 and October 1999. The boy, aged 11 to 14 at the time, was a member of a religious congregation where Garvan taught Sunday school and was a trusted friend of the family. Garvan pleaded guilty early, a factor the Court of Appeal considered significant. The Court of Appeal, in a three‑judge panel headed by Justice Alan Mahon, held that insufficient credit had been given for the guilty plea and reduced the sentence by 25 %. Garvan was resentenced to three years and nine months imprisonment. The appeal did not alter the nature of the offences or the victim's impact, merely the length of custodial time imposed.
The Court of Appeal has adjourned the matter following an appeal by the Director of Public Prosecutions seeking to increase the sentence of Mark McCarthy. McCarthy, a 32-year-old from Ballyfermot, pleaded guilty to the false imprisonment of Warren and Jean Marie Nawn and their ten-week-old baby in County Louth between August 1st and 2nd, 2011. He was originally sentenced to nine years' imprisonment by Judge Patricia Ryan on May 19, 2017. The DPP argued the sentence was unduly lenient, contending that the starting point should have been significantly higher than the 15 years fixed by the trial judge before mitigation. Prosecutors highlighted the severity of the ordeal, including threats to the infant and the use of surveillance equipment, comparing it to the aggravated burglary case of DPP v Dean Byrne. Defence counsel Derek Cooney BL countered that McCarthy acted under duress due to a drug debt and credible threats to his life, factors absent in the comparative case. The bench, comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Hedigan, heard submissions on whether a headline sentence of 25 years to life would have been appropriate. The court reserved its judgement, meaning the appeal is not yet concluded and the original sentence remains in effect pending the final decision.
Patrick Mahony, 50, former director of Boxform Ltd, pleaded guilty to five revenue offences for failing to remit VAT, PRSI and income tax for 2006‑2007. He was initially given a wholly suspended three‑year sentence and a €10,000 fine by Judge Gerald Keys at Ennis Circuit Criminal Court on 25 April 2017. The Director of Public Prosecutions appealed, arguing the sentence was "unduly lenient". In the Court of Appeal, Mr Justice Alan Mahon reviewed the case, noting the fraud was discovered in March 2008 when former employees sought PRSI and found no records. The company's accountant later submitted an amended return, revealing additional liabilities. Total unpaid taxes amounted to €1,224,329, with a loss to Revenue of €2,594,000 including penalties and interest. Mr Justice Mahon re‑sentenced Mahony to 12 months imprisonment, with the remaining two years suspended, and ordered him to report to a Dublin Garda station to begin serving his term.
Martin Holden, 52, of Garrigue, Mullinavat, Co Kilkenny, was found guilty of multiple thefts over a five‑year period from 2007 to 2012. He advertised non‑existent heavy machinery on internet sites, offering competitive prices and claiming to arrange overseas shipping. He collected deposits from 17 victims worldwide, ranging from €2,000 to €40,000, and transferred the money to Lithuania. The High Court ordered his extradition to Lithuania, but the order was stayed until he served his sentence. On appeal, the Court of Appeal increased his sentence from four years with the final year suspended to four years and eight months imprisonment. The judge noted that Holden resumed the same pattern of fraud while on bail and that the offence was serious, elaborate and carried out over five years. The sentence was deemed unduly lenient and was accordingly increased.
The High Court heard evidence on the fifth day of an action brought by Graham Dwyer, who claims Ireland's 2011 Communications (Retention of Data) Act breached his privacy rights. Dwyer, who denies killing childcare worker Elaine O'Hara and has a pending appeal against his conviction, argues the Act is invalid following European Court of Justice rulings. The application is opposed by the State. Barrister David Anderson QC, the UK's former Independent Reviewer of Terrorism Legislation, testified that data retention is of "crucial importance" for investigating serious crimes, citing its use in cases involving human trafficking and child abuse. He stated there is no effective alternative to a general retention regime, noting that targeted approaches are not feasible. In cross-examination, Anderson acknowledged the ECJ's findings but argued the suggested routes for compliance were not productive. Defence expert Professor Michael Clarke testified that data retention itself is "inert" and does not constitute surveillance until the data is actively sifted. The proceedings, presided over by Mr Justice Tony O'Connor, continue.
A man who received a two‑and‑a‑half‑year suspended sentence for forcing a young friend to have sex with him when the boy was 15 was found guilty on appeal. The accused, now 23, abused the boy, who was 10 or 11, by threatening to keep him in the house and to set his dogs on him if he did not comply. He was convicted by a jury at Dublin Circuit Criminal Court for defilement in his Dublin home between January and July 2011. He denied the charge. Judge Petria McDonnell described the assault as heinous. The Court of Appeal upheld the conviction, stating the trial was satisfactory and the verdict safe, while the appeal was dismissed by Justices Edwards, Birmingham and Mahon. The case was not withdrawn from the jury.
A man convicted of driving his car at gardaí has been jailed following an appeal by the Director of Public Prosecutions. Paul McGillion, aged 33 and resident at Ard Caoin, Manorcunningham, County Donegal, pleaded guilty in Letterkenny to reckless endangerment, dangerous driving, drink-driving, and driving without insurance and a valid licence on 25 July 2015. He received a wholly suspended three-year sentence in May 2017. The Court of Appeal found the original sentence unduly lenient and imposed a new three-year term with the final two years suspended. Mr Justice Alan Mahon noted that Garda Michael Kilcoyne sustained severe injury with life-changing consequences during the incident. The judge stated that offences involving driving a vehicle at gardaí performing their duties demanded a custodial element. McGillion's significant rehabilitation and employment record were acknowledged but could not justify a wholly non-custodial sentence given the gravity of the offence and his history of relevant convictions.
A 43‑year‑old man, whose name is withheld for legal reasons, was found guilty of raping his wife in their home in May 2014, making him the third person convicted of marital rape since the offence was made illegal in 1990. The jury also found him guilty of threatening to kill his wife and cutting her face, charges he denied, and of assaulting her with a hammer. Ms Justice Isobel Kennedy originally sentenced him to 12 years' imprisonment, with the final two years suspended in June 2016. On appeal, the Court of Appeal agreed that a 10‑ or 11‑year sentence was "somewhat out of kilter" for a single instance of rape without premeditation or unusual violence. The man was re‑sentenced to 10 years' imprisonment, with the final 18 months suspended. His appeal against conviction was dismissed, a decision he also rejects.
The High Court has heard arguments in a civil action brought by Graham Dwyer against the State and the Garda Commissioner. Dwyer claims that the 2011 Communications (Retention of Data) Act breached his privacy rights under the Irish Constitution, the European Convention on Human Rights, and the EU Charter. He alleges that the Act, used to obtain his mobile phone records during his 2015 trial for the murder of Elaine O'Hara, is invalid following a 2014 European Court of Justice ruling that struck down the underlying 2006 EU directive. Dwyer seeks declarations that his privacy rights were breached. The State, represented by Brian Murray SC, opposes the action, arguing that the general data retention scheme is vital for detecting, investigating, and preventing serious crime, including terrorism. Counsel stated that a more targeted regime would be unworkable and potentially discriminatory, noting that Dwyer had no prior criminal record and lived in an area not typically associated with serious crime. The State further argued that Dwyer was aware of the data acquisition in 2013, prior to the ECJ decision, and that his challenge was lodged around the time of his trial. Dwyer denies killing Ms. O'Hara, and his appeal against his conviction is currently pending before the Court of Appeal. The matter before Mr Justice Tony O'Connor was adjourned and continues next Tuesday.
Lisa Lynch, 33, a former director of AGL Logistics, was sentenced to 18 months' imprisonment for stealing €460,660 from Bibby Financial Services over three months in 2013. The Court of Appeal had suspended the final six months of her sentence in January, but on 23 February 2018 the court extended the suspended portion by one day to make her eligible for the Care After Prison (CAP) community support scheme, which is available only to prisoners serving sentences of 364 days or fewer. Lynch had pleaded guilty at the Dublin Circuit Criminal Court after making immediate admissions and an early guilty plea. She had taken over AGL after her husband's diagnosis of a rare mouth cancer, and the judge noted her motive was to keep the company afloat for its 70 employees, citing her cooperation, early plea and lack of prior convictions as mitigating factors.
Anthony Buck, 41, of Garrymore, Clonmel, is serving a mandatory life sentence for the 1996 murder of David Nugent in Tipperary. He pleaded not guilty at the Central Criminal Court and was convicted after a lengthy trial, with the sentence imposed by Mr Justice John Quirke on 2 February 1998. Buck's appeal to have his conviction declared a miscarriage of justice was dismissed by the Court of Appeal. The Director of Public Prosecutions successfully argued that the application was an abuse of process, and the court found no new or newly discovered facts to support the claim. Mr Justice John Hedigan noted Buck's skillful preparation and courteous conduct, but concluded that his arguments were based solely on existing trial records and therefore bound to fail. The application was dismissed before a full hearing.
The Court of Appeal has dismissed the appeal by Ciaran Folan, a garda, against his conviction for using a false driving licence. Folan, of Fethard-on-Sea, had pleaded not guilty to four counts alleging he knowingly used a false instrument and a document containing a false statement on February 13, 2009. He was found guilty by a jury at Wexford Circuit Criminal Court and fined €3,000 by Judge Barry Hickson on December 13, 2013. The appeal court, led by Mr Justice George Birmingham, stated it was not persuaded that the trial was unsatisfactory or the verdict unsafe. The conviction stemmed from an investigation into Folan's driving skills, which revealed he had never sat a driving test despite claiming to hold a valid licence. His brother, Brendan Folan, a Galway County Council employee, was charged with forging the licence and corruption offences. Although Brendan Folan was acquitted of these charges in Galway, the Court of Appeal ruled this did not prevent Ciaran Folan's trial in Wexford. The court rejected arguments that the trial judge erred in permitting the prosecution to proceed or in adding counts 3 and 4 to the indictment. The appeal was dismissed, leaving the original conviction and fine intact.
In February 2018 the Court of Appeal heard that a 43‑year‑old man, who cannot be named, remains unremorseful for raping his wife and threatening her. He had been jailed for ten years after a jury in the Central Criminal Court convicted him of raping his wife in May 2014, threatening to cut her face, and threatening to kill her over the phone. The jury did not reach verdicts on charges of head‑butting and threatening serious damage when discussing custody of their son. He had admitted assaulting his wife with a hammer. He was sentenced to 12 years' imprisonment, with the final two years suspended, in June 2016. His appeal was dismissed in December 2017, and the Court of Appeal has now upheld his conviction, noting that he has not shown any remorse for the rape offence. The appeal of his sentence remains pending.
The High Court heard evidence on the second day of Graham Dwyer's challenge against the Garda Commissioner and the State, which seeks to strike down provisions of the Communications (Retention of Data) Act 2011. Dwyer, who was sentenced to life imprisonment in 2015 after a jury found him guilty of the murder of childcare worker Elaine O'Hara, claims the Act breaches his privacy rights under the European Charter, Irish Constitution, and the European Convention on Human Rights. He argues that evidence gathered under the Act should not have been used against him during his trial. Counsel for Dwyer cited a report by former Chief Justice John Murray, who stated the 2011 Act amounts to mass surveillance contrary to EU legislation. The respondents deny the claims, asserting Dwyer is not entitled to the declarations sought. Dwyer's appeal against his conviction remains pending before the Court of Appeal. The hearing continues.
In a High Court hearing, lawyers for Graham Dwyer argued that the 2011 Communications Act gives State agencies—such as An Garda Siochana, the Defence Forces, the Competition Authority and the Revenue Commissioners—unrestricted power to request mobile phone data from service providers without any independent oversight. The counsel explained that the Act requires providers to comply with such requests and does not appoint a judge or other independent figure to limit the scope or safeguard privacy rights. Dwyer's claim is that this lack of oversight violates his privacy rights under the European Charter, the Irish Constitution and the European Convention on Human Rights. He also contends that the Act, introduced to implement a 2006 EU directive later invalidated by the European Court of Justice, should not have been used as evidence against him in his 2015 murder trial. The case remains before the Court of Appeal.
Raymond Molloy, a 55‑year‑old former equestrian centre manager from Hollywood, Co Wicklow, pleaded guilty to possession of over €6 million worth of cannabis resin for sale or supply in Dublin. He had spent 11 years on the run in the Isle of White before being extradited to Ireland. Gardaí recovered 498 kg of cannabis resin from a van he drove in Coolock during a surveillance operation. In May 2017 he was sentenced to six‑and‑a‑half years' imprisonment. On appeal, his barrister argued that Molloy's involvement was limited to 30 minutes, that he had no financial gain, and that he had shown deep remorse and had no prior convictions. The Court of Appeal, after reviewing mitigating factors such as his guilty plea, mental‑health difficulties and cooperation, reduced the sentence to five years' imprisonment, with no part suspended. The decision was made by a three‑judge panel headed by Mr Justice John Edwards.
In 2013, David O'Loughlin (30) of Cork was convicted of murdering Liam Manley (59) after forcing him into a refuse chute at Garden City Apartments. The Central Criminal Court jury found him guilty and he received a mandatory life sentence on 31 March 2015. In February 2018, the Court of Appeal quashed the verdict, ruling that the jury's unsanctioned visit to the chute and a juror's experiment of throwing a stone there violated the Juries Act. The judge noted the experiment introduced new evidence and the jury should have been discharged. The appeal allowed a retrial, and O'Loughlin was remanded to appear before the Central Criminal Court. The case remains at the retrial stage, with no further outcome reported in the article. David O'Loughlin pleaded not guilty.
Peter Kenny, aged 35, was convicted of the murder of John Carroll, 33, who was shot in Grumpy Jack's pub in the Coombe on 18 February 2009. The Central Criminal Court jury found Kenny guilty and he received a mandatory life sentence on 19 July 2011. On appeal, the Court of Appeal upheld the conviction, stating it was not persuaded that the trial was unsatisfactory or the verdict unsafe. The prosecution alleged Kenny was the pillion passenger who entered the pub and fired the shots. Kenny's defence argued that the evidence of informant Joseph O'Brien was obtained through irregular and illegal means, citing scandalous handling by Gardaí. The Court of Appeal agreed that despite these irregularities, the trial was fair and dismissed the appeal, leaving the conviction and life sentence intact. Peter Kenny pleaded not guilty.
Gary Flynn, aged 32, of Rossfield Drive, Tallaght, lost an appeal against his conviction for the murder of Seamus Shay O'Byrne, which occurred at the victim's home on 13 March 2009. Flynn pleaded not guilty at the Central Criminal Court. After a nine‑week trial, the jury found him guilty of murder in one hour and forty minutes, and he received a mandatory life sentence on 16 March 2016, imposed by Mr Justice Patrick McCarthy. The prosecution alleged that Flynn, Eugene Cullen and others assisted in the planning, execution and aftermath of the murder, while Garrett O'Brien was the gunman. The Court of Appeal, in a three‑judge panel, upheld Flynn's conviction, stating the trial was satisfactory in all respects and that the evidence against him was more than mere coincidence. The appeal was dismissed by Mr Justice George Birmingham. The article does not mention any subsequent developments.
The Court of Appeal has remanded cousins Michael Casey and David Casey in custody until April 17, the date set for judgment on their appeal. Both men pleaded guilty to a series of burglaries, including an incident at the home of John O'Donoghue in Doon on August 27, 2015. Mr O'Donoghue collapsed and died while confronting the intruders, who fled without assistance. In December 2016, Judge Tom O'Donnell at Limerick Circuit Criminal Court sentenced both to four-and-a-half years imprisonment, with the final year suspended. The Director of Public Prosecutions sought a review, arguing the sentences were unduly lenient. Counsel Thomas O'Malley BL submitted that the men targeted four properties and entered three, noting David Casey was on bail at the time. While it was not alleged that the Caseys directly caused Mr O'Donoghue's death, a causative link was identified. The DPP urged the court to treat residential burglary as a "special case" due to its severe social impact. The three-judge panel, comprising Justices Birmingham, Mahon, and Edwards, found the original sentences unduly lenient. As the Caseys are due for release in mid-April, days before the judgment, the court ordered them to remain in custody until the decision is handed down on April 17.
In 2015, a 63‑year‑old shop owner was found guilty of sexually assaulting a 13‑year‑old girl who had been sent to his shop by her mother to buy a household item. The jury convicted him on a single count and Judge Michael O'Shea imposed a wholly suspended three‑year sentence. The conviction was later successfully appealed on the basis that the trial judge's ruling on the timing of the CCTV footage was unfair. The Court of Appeal has now directed a retrial, following an application by the Director of Public Prosecutions. The unnamed 13-year-old pleaded not guilty.
In February 2018 the High Court dismissed an application by 22 North County Dublin residents who sought permission to appeal the Court of Appeal over plans for a new €320m runway at Dublin Airport. The residents had argued that the development was illegal and that Fingal County Council had failed to address their concerns about its impact on homes and land. Mr Justice Max Barrett ruled that the residents had not raised any points of exceptional public importance that would allow the Court of Appeal to consider their appeal. He expressed sympathy for the residents and respect for their fighting spirit, but found no grounds for the appeal. The residents may appeal directly to the Supreme Court. In a separate ruling the judge ordered the St Margaret's Concerned Residents Group and the DAA to pay their own legal costs.
Liam Mulvaney was jailed for ten days for contempt of court after refusing to comply with orders to stop interfering with or trespassing on 17 properties in receivership, including 39 units in Dublin. The High Court found that Mulvaney had obstructed receiver Tom O'Brien by instructing tenants not to deal with the receiver, moving into one of the properties at Avondale Lodge, and interfering with sales efforts, such as removing 'For sale' signs. He also registered a lis pendens and failed to hand over rents from most properties, despite a December order. Mulvaney, who disputes the receiver's appointment and claims the Avondale Lodge property is his family home, represented himself and argued health problems and a desire to appeal the injunction. The judge, unable to overturn the High Court order, directed his arrest and ten‑day imprisonment for contempt. The receiver, appointed by Ulster Bank, claims €7.5 million owed by Mulvaney for loans from 2004 to 2010.
In 2015, David O'Loughlin (30) was convicted of murdering Liam Manley (59) after forcing him into a refuse chute at Garden City Apartments, Cork. The Central Criminal Court jury found him guilty and imposed a mandatory life sentence. In 2018, the Court of Appeal quashed the conviction because the jury had visited the chute during deliberations without permission from either the defence or prosecution, an action deemed technically unlawful under the Juries Act. During the visit, a juror threw a stone down the chute, an experiment that introduced new, unexamined evidence. The judge ruled that the jury should have been discharged under these circumstances. The case remains pending, with the court to decide whether a retrial will be ordered. The summary reflects only the facts presented in the article. David O'Loughlin pleaded not guilty.
Francis Lanigan, 53, an ex‑paramilitary who lived in west Dublin, was sought by Northern Irish authorities for a 1998 murder in Co Tyrone. He was arrested in 2013 under a European Arrest Warrant while working as a barber, after authorities discovered he had been living under the alias "Ciaran McCrory." Lanigan claims the warrant is not a "forthright account" and questions why his surrender was not requested earlier. He has faced multiple High Court proceedings, a Court of Appeal case, a Supreme Court hearing and a European Court of Justice referral. In January 2024, the Court of Appeal dismissed his latest challenge, with the judge criticizing the delays and the strategy of reopening settled matters. Lanigan maintains that he was targeted by loyalists and that the warrant lacks full evidence, including CCTV footage. The court upheld the High Court's decision to surrender him to Northern Ireland.
In a 21‑day High Court case in 2012, William Naylor, aged in his early sixties, sued his sister Jean Maher, the executrix of Michael Hoare's estate, to set aside a 2006 will that left the Derrylahan farm to Maher and €150,000 to Naylor. Naylor claimed he had worked the farm for over 30 years and that Hoare, who had married Naylor's mother in the 1980s, had promised him the land. The High Court found Naylor was entitled to the 120‑acre farm but dismissed his claim that the will was procured by duress or undue influence. Naylor was awarded 75 % of his legal costs. On appeal, the Court of Appeal upheld the land entitlement but ruled that the €150,000 bequest was a substitution for the land and ordered Naylor to execute a disclaimer of that sum. The appeal did not alter the High Court's decision on the monetary bequest.
Darren Weldon, 46, has appealed his conviction for membership of an unlawful organisation styling itself the Irish Republican Army. Weldon, from Kilbarrack in Dublin, pleaded not guilty at the Special Criminal Court on October 14, 2014. He was found guilty by the non-jury court and sentenced to five years imprisonment, with the final year suspended, on January 16, 2017. The prosecution alleged that DNA matching Weldon was found on the number plate of a car that exploded outside Newry courthouse in 2010. Weldon's counsel, Hugh Hartnett SC, argued the trial was corrupted by misdirections, specifically regarding the DNA evidence and association evidence. Hartnett contended the court impermissibly bolstered the DNA sample by finding it was left by primary contact beyond a reasonable doubt. He also challenged the reliance on photos of Alan Ryan, noting that the court incorrectly stated Weldon was in the company of two men with unlawful organisation convictions, a point conceded as incorrect by the DPP's counsel, Paul Greene SC. The DPP argued the conviction was supported by substantial DNA and photo evidence. The Court of Appeal, comprising Mr Justice Alan Mahon, Mr Justice John Edwards, and Mr Justice John Hedigan, reserved its judgement on the appeal.
A 46‑year‑old Laois man was convicted of marital rape and sentenced to seven years' imprisonment, with two years suspended, after a Central Criminal Court jury found him guilty of raping his wife on 8 January 2015. He had pleaded not guilty to the rape charge but admitted assaulting her by punching her face on the same occasion. The conviction centred on the question of consent. The man, who cannot be named to protect the victim's identity, has now moved to appeal, arguing that the trial judge erred in directing the jury on recklessness, misdirected the jury on resistance under section 9 of the Criminal Law (Rape) (Amendment) Act 1990, and failed to withdraw the case from the jury. His barrister, Caroline Biggs SC, presented evidence that the couple had been married for 21 years, that the wife had been assaulted and that she later described the subsequent act as consensual sex.
The Pro Life Campaign has requested to be joined as an amicus curiae in the Supreme Court appeal that will consider the extent of the unborn's constitutional rights. The campaign, citing concerns over recent developments, is not a formal party but seeks to assist the court on legal matters. Chief Justice Frank Clarke granted the campaign short notice to apply and will consider the request at a case‑management hearing on Tuesday. The appeal, scheduled for February 21, will be heard by a seven‑judge panel and will examine whether the unborn has constitutional rights beyond the right to life in Article 40.3.3 and whether it is a "child" under Article 42A. The High Court's 2016 ruling, which the appeal challenges, held that the unborn has such rights and that the State must protect them. The Supreme Court's decision could influence the wording of the referendum on repealing the Eighth Amendment.
A Polish national has successfully appealed his sentence for cannabis cultivation at Cavan Circuit Criminal Court. Stanislaw Gronski, aged 44, of Hill Lodge, Drumnawall, Arva, Co Cavan, had pleaded guilty to cultivating cannabis without a licence in Arvagh on 2 November 2015. He received a four-year sentence on 27 May 2016. The Court of Appeal, presided over by Mr Justice Alan Mahon with Mr Justice George Birmingham and Ms Justice Máire Whelan, found the original headline sentence of seven years was inappropriate. The court determined the proper sentence should have been between five and five-and-a-half years. Gardaí had discovered a converted attic containing over 100 cannabis plants valued at approximately €268,000, equipped with sophisticated lighting and ventilation systems. Gronski's role was characterised as that of a "gardener". The appeal court noted mitigating factors including his early guilty plea, cooperation with gardaí, absence of prior convictions, and difficulties faced by foreign nationals in custody. The court re-sentenced Gronski to three-and-a-half years imprisonment from the original sentence date, suspending the balance remaining to be served.
John Joe Patterson, 57, was convicted by a jury at Nenagh Circuit Criminal Court of sexually abusing his two step‑daughters over a ten‑year period, beginning when they were nine. The women waived anonymity so Patterson could be named in the media. He received an effective sentence of eight years imprisonment, with the final 18 months suspended, imposed by Judge John Hannan on 9 November 2015. More than two years later, Patterson applied to the Court of Appeal for an extension of time to bring an appeal. The Court, led by Mr Justice George Birmingham, refused the extension, citing "considerable difficulty" in accepting Patterson's claims that a misunderstanding had arisen from the indictment and that his former solicitor had advised that an appeal was not possible. The Court found the application to be "very significantly out of time" and not sufficiently grounded in the facts, and it was opposed by the State counsel Antonia Boyle BL.
The Court of Appeal has reserved judgment on an appeal by Brian McHugh, who was found guilty of robbing a woman of her phone in Swords on January 13, 2014. McHugh, who pleaded not guilty at Dublin Circuit Criminal Court, was sentenced to four years' imprisonment by Judge Pat McCartan on June 16, 2016. His barrister, Michael O'Higgins SC, argued that the trial judge erred by refusing to admit a witness's statement under section 16 of the Criminal Justice Act 2006. The defence contended that this provision, typically used by the prosecution to admit statements from hostile witnesses, should have allowed the admission of a "mixed statement" that both parties agreed was critical. O'Higgins SC submitted that the failure to put this evidence before the jury rendered the trial unfair, as the prosecution is obliged to call all relevant evidence. Mr Justice George Birmingham, sitting with Mr Justice John Edwards and Mr Justice John Hedigan, noted that if the witness was an accomplice, the prosecution would not be obliged to call them. The court has not yet delivered its decision, and the matter remains adjourned pending the reserved judgment.