Fred Forsey Jnr, a former Fine Gael town councillor aged 46, was convicted under the Prevention of Corruption Act for receiving €80,000 in three payments from a property developer in 2006. The developer had an interest in a planning permission for land at Ballygagin, Co Waterford. Forsey was accused of attempting to persuade Waterford County Council officials and councillors to grant permission, of trying to alter the zoning of the land in the Waterford Co Development Plan, and of seeking to bring the lands into the control of Dungarvan UDC, where he had previously served. He denied the charges, claiming the money were loans. In 2012 a jury at Waterford Circuit Criminal Court found him guilty and sentenced him to six years' imprisonment, with the final two years suspended. In 2016 the Court of Appeal dismissed his appeal.
The Court of Appeal in Dublin has upheld murder convictions against two men in the death of a 23-year-old in June 2014. Leszek Sychulec, aged 35, from Drinan, Ballymahon, County Longford, and Andrzej Gruchacz, aged 36, had been found guilty of murdering Patryk Krupa at Bogganfin, Athlone, County Roscommon. The victim was assaulted and left to drown in the Shannon outside Athlone while incapacitated from head injuries sustained during the attack. A Central Criminal Court jury returned unanimous guilty verdicts in 2016, and both men received mandatory life sentences. Delivering judgment, Mr Justice George Birmingham dismissed all grounds of appeal, finding the trials satisfactory and the verdicts safe. He noted CCTV evidence of exceptional quality from Collins Service Station on the Roscommon Road was central to the investigation, along with DNA and blood evidence recovered from the black BMW used in the abduction and from Sychulec's clothing and watch. Leszek Sychulec pleaded not guilty. Andrzej Gruchacz pleaded not guilty.
Martin Morgan, a 53-year-old London resident, appealed a €252,908 confiscation order in the Court of Appeal. Morgan had previously pleaded not guilty to organising prostitution and running a brothel at a Bachelor's Walk apartment between August 22 and October 10, 2005. He was found guilty by a jury following a 19-day trial and jailed for three years in 2008. The Dublin Circuit Criminal Court subsequently ordered the confiscation of assets based on estimated net profits. Morgan's counsel argued that the State failed to prove Morgan had realisable assets, asserting he had spent all proceeds on business expenses. The State contended the burden of proof rested on Morgan to demonstrate he had no assets. The three-judge panel, comprising Justices Birmingham, Edwards, and Hedigan, noted Morgan's claim that he had nothing left was a "courageous assertion" but required corroboration. The court had previously granted Morgan legal aid for this appeal, noting his inability to pay could result in further imprisonment. The court reserved its judgement on the appeal.
The Court of Appeal has reduced the prison sentence of an unnamed 26-year-old man from the midlands, who pleaded guilty to three counts of sexual assault and seven counts of raping his niece between January 2007 and August 2014. At the time of the offences, the defendant was aged between 15 and 23, while the victim was aged seven to 14. The original sentencing judge, Mr Justice Patrick McCarthy, imposed a 10-year term, noting the defendant's full moral culpability and the serious nature of the abuse, which occurred in various locations including a relative's house and a treehouse. On appeal, the panel comprising Mr Justice Alan Mahon, Mr Justice George Birmingham, and Mr Justice John Edwards held that the headline sentence was excessive because the offending commenced when the defendant was a minor. Mr Justice Mahon stated that while the defendant bore high culpability for the abuse continuing into adulthood, the fact that it began at age 15 required a more lenient approach. The court determined that a 12-year headline sentence would have been appropriate, but after applying a significant discount for mitigating factors, including the defendant's remorse and engagement in therapy, the sentence was reduced to nine years. The court imposed concurrent nine-year sentences, with the final 12 months suspended to incentivise rehabilitation. The defendant had previously sought a transfer to Arbour Hill prison to access sex offender programs.
The Court of Appeal overturned a 2015 acquittal of an unnamed man charged with operating a hazardous landfill. The DPP appealed on a legal point under Section 23 of the Criminal Procedure Act 2010, arguing the man was a manager of the company that ran the landfill. Counsel for the DPP, Alex Owens SC, presented documents showing the man acted as a director, wrote letters on behalf of the company, and interfaced with the Environmental Protection Agency, claiming he had managerial capacity. The man's counsel, Bernard Condon SC, maintained he was merely a consultant and that the trial judge had incorrectly focused on whether he held a top executive role. Justice George Birmingham ruled the trial judge erred by not considering whether the man functioned as a senior manager with responsibility for the waste site. The Court will decide on a retrial at a later date. The unnamed man was acquitted.
Brian Butler, aged 32, pleaded guilty in the Central Criminal Court to sexually assaulting and orally raping his younger sister between January 2000 and December 2002, when he was 14 to 17 and she was nine to twelve. The abuse was discovered after the sister confided in a friend, leading to family notification and social services involvement. Butler attended therapeutic services for child sex offenders, and a formal complaint was made to the Gardaí in 2013. In November 2016, Mr Justice Patrick McCarthy sentenced him to six years' imprisonment with four years of post‑release supervision, including participation in sexual offenders programmes. On appeal, the Court of Appeal quashed the original sentence and imposed a new six‑year term, suspending the final two years, citing insufficient consideration of Butler's rehabilitation progress and mitigating factors. The headline sentence remained eight years, deemed appropriate for a minor offender with aggravating circumstances.
In 2016, Bill Kenneally, aged 67, was sentenced to 14 years and two months imprisonment for indecent assault on ten teenage boys in Waterford during the 1980s. The sentence was imposed by Judge Eugene O'Kelly, who applied consecutive 17‑month terms for each victim. Kenneally pleaded guilty to ten counts, though originally charged with 70. His appeal to the Court of Appeal concerns the severity of the sentence, arguing the judge's approach was "vengeful" and overly emotive, focusing on victim impact reports rather than legal principles. Kenneally's counsel, Michael Counihan SC, contended that the judge failed to adequately consider mitigating factors such as a guilty plea, psychological issues, and the absence of a prior investigation. The Court of Appeal has reserved judgment on the appeal. The case remains at the appellate stage, with no further outcome reported.
The Court of Appeal granted a "last chance" to a 22‑year‑old ringleader of a 2011 burglary in which a student was forced to withdraw money from an ATM while the student's girlfriend was threatened with rape. The offender had pleaded guilty to aggravated burglary, robbery and false imprisonment and was sentenced to six years' detention in 2012. In 2015 the Court suspended the final 12 months of that sentence, citing the offender's youth and the need for rehabilitation. The appeal highlighted that the offender, who had 23 prior convictions, had re‑engaged with probation services and secured accommodation. The Court noted that the case involved a "spine‑chilling" threat of violence and that the offender's engagement with probation was deemed unsatisfactory, leading to the suspended period and a bond of €100 for good behaviour. The offender was returned to Wheatfield Prison to continue serving the remaining term.
Stephen Bennett, 45, of Pearse Green, Sallynoggin, was convicted in the District Court for a 20‑second sit‑down protest that obstructed the Israeli Ambassador's car and an unmarked Garda vehicle outside the Israeli Embassy in Dublin. The protest, which occurred after the July 2014 Israeli airstrikes on Gaza, was described as generally peaceful and without any threat of violence. Bennett and another protester lay on the road, causing a brief obstruction that was ended by Garda intervention. Bennett argued that the prosecution had not proved he had obstructed traffic without lawful authority or reasonable excuse, but the District Judge found safety, security, and sensitivity concerns made the obstruction unlawful. He was given a five‑month suspended sentence. The Court of Appeal upheld the conviction, noting that the protest could not be justified under the Public Order Act because no lawful authority or reasonable excuse existed in this case.
In a Court of Appeal hearing, William Moran's lawyers argued that Facebook messages alleged to be from his account were not sufficiently proven to have come from him. Moran, 23, was convicted of murdering Martin Brophy, 22, at the Waterford Institute of Technology in 2012 and received a mandatory life sentence in 2015. The prosecution's key evidence was a Facebook post sent after the murder but before the body was found, claiming the victim was dead. Moran's counsel, Colman Cody SC, contended that the evidence's provenance was unclear, that the State had sought a Mutual Assistance request in January 2014, and that no witnesses from Facebook had been produced to confirm the message's authenticity. He highlighted that Facebook evidence requires human input and authoritative proof, unlike CCTV or photographs. The court noted it would reserve judgment on the matter. William Moran pleaded not guilty.
A 70-year-old man convicted of sexually assaulting an autistic child in Co Mayo had his prison sentence reduced on appeal at the Court of Appeal on 22 January 2018. The UK citizen pleaded guilty to one count of sexual assault against an 11-year-old boy in April 2015. He was originally sentenced to six years imprisonment in February 2017. The Court of Appeal, led by Mr Justice Alan Mahon, reduced the final 15 months of the sentence to a suspended term, conditional on participation in a sex offender programme and good behaviour. The court acknowledged the man's extensive prior history of sexual offences committed in the UK over several decades, describing him as dangerous. However, it noted he had maintained a clean record in Ireland for approximately 22 years prior to this offence and was serving as primary carer for his significantly disabled wife. The suspended element was imposed to incentivise rehabilitation.
A former Gaelic football coach from Cloonloo, County Sligo, has had his prison sentence reduced on appeal following convictions for indecent assaults on young boys. Ronan McCormack, aged 75, was found guilty by jury at Dublin Circuit Criminal Court of 14 counts of indecently assaulting two boys aged between seven and 13 at various locations between June 1972 and March 1975. He had previously received a five-year-and-ten-month sentence in 2014 for separate offences committed in the 1980s. The Circuit Court judge imposed a seven-year consecutive sentence for the earlier offences. The Court of Appeal, sitting today, determined that the aggregate sentence across both sets of convictions was excessive and disproportionate. The three-judge court reduced the sentence for the present offences from seven to four years, finding this more compatible with sentencing principles and taking account of McCormack's age and health.
A 66-year-old man imprisoned for sexual offences against a family member has appealed his conviction at the Court of Appeal in Dublin, arguing the jury's verdict was perverse and unsupported by evidence. The man was convicted in May 2017 of three counts of sexual assault and two counts of rape committed between November 1992 and December 1994 in Donegal and Dublin. He received a seven-year sentence from Ms Justice Margaret Heneghan. His counsel raised concerns about inconsistencies in the complainant's testimony, including uncertainties regarding locations and details, and highlighted the absence of corroboration. The Director of Public Prosecutions contended that substantial evidence supported the jury's verdict and that assessing credibility and weight remained within the jury's province. Mr Justice George Birmingham, sitting with colleagues, indicated the court would reserve judgement on the appeal. The unnamed 66-year-old pleaded not guilty.
An unnamed 46-year-old man has appealed his conviction at the Central Criminal Court, where the matter was adjourned with the court reserving its judgement. The appellant was found guilty by a jury of eight counts of indecent assault, one count of anal rape, and one count of sexual assault, allegedly committed between 1988 and 1991 against his eight-year-old nephew. At sentencing, Mr Justice Patrick McCarthy imposed a ten-year prison term, citing the "appalling regularity" of the abuse and the victim's age. The appellant's barrister, Mary Rose Gearty SC, argued that society is in a time of "great vindication" for victims, but contended that the investigation failed to engage with specific allegations and that the complainant changed his account regarding the most serious charges. She submitted that the trial judge should have intervened to protect the accused's rights. Conversely, DPP counsel Orla Crowe SC noted that 26 of 36 allegations were withdrawn by the trial judge and maintained that the complainant's account remained consistent. The appeal was heard by a bench including Mr Justice Alan Mahon, who stated the court would reserve its judgement.
Martin O'Brien, 31, from Coolevin, Balybrack, was convicted of burglary at the home of Mrs Marian Shanley, widow of the late High Court judge Peter Shanley, on 31 August 2016. He had been serving a four‑year suspended sentence for a 2013 burglary of an 85‑year‑old man's home. On 20 February 2017, Judge Pauline Codd sentenced him to three years' imprisonment, with the final two years suspended, for the Shanley burglary. The Court of Appeal dismissed the Director of Public Prosecutions' appeal that the sentence was "unduly lenient", holding that it was not so far outside the norm. O'Brien had 103 prior convictions, including six for burglary, and had previously been employed as a groundsperson at Leopardstown Racecourse. He had struggled with heroin addiction and mental health issues, but had detoxified and entered a residential drug treatment programme before the trial. Martin O'Brien pleaded guilty.
The High Court adjourned several extradition cases involving UK warrants on 15 January pending a Supreme Court decision on whether Brexit creates obstacles to surrendering individuals to Britain. Justice Aileen Donnelly postponed the cases to 19 February to allow the Supreme Court to consider the matter. The cases centre on arguments raised in the extradition proceedings against Thomas Joseph O'Connor, a 49-year-old from Roscommon, who was convicted at Blackfriars Crown Court in London in 2007 of involvement in a £5 million tax fraud and sentenced to four years and six months imprisonment. O'Connor failed to attend his sentencing hearing and subsequently returned to Ireland, where he was arrested on an extradition warrant in 2009. The High Court and Court of Appeal previously ordered his extradition, decisions he unsuccessfully appealed. His counsel raised concerns that extradition posed risks to his fundamental rights due to Brexit, an argument Justice Donnelly rejected, finding no credible evidence of such risk. O'Connor then referred the matter to the Supreme Court, with a hearing scheduled for 24 January.
Christopher McCarthy, 29, a homeless traveller with a long history of alcohol problems and 133 prior convictions, had previously pleaded guilty to criminal damage and obstruction of a Garda at Mr Cole's home in Roscrea and was sentenced to five years in prison. He had broken into the same home twice in May 2013. In June 2016 he successfully appealed and received a three‑year sentence with the final 12 months suspended on the condition that he stay away from Mr Cole and certain streets in Roscrea. In April he entered Mr Cole's home again, hiding behind a cardboard box, and was found by Gardaí. The Court of Appeal, after reviewing the breach, activated the suspended 12‑month sentence in full, back‑dated to 20 October, the expiry date of an earlier eight‑month District Court sentence for trespass.
Martin O'Brien, 31, pleaded guilty to burglary at an 85‑year‑old man's home in Glenageary Woods on 5 August 2013. In January 2015 Judge Mary Ellen Ring imposed a wholly suspended four‑year sentence. Eighteen months later he pleaded guilty to another burglary in Dublin and received a three‑year sentence, two years of which were suspended, by Judge Pauline Codd on 20 February 2017. The Director of Public Prosecutions now seeks a review of his 12‑month jail term, arguing it is unduly lenient. The Court of Appeal will decide on Tuesday.
Lisa Lynch, 33, a former director of AGL Logistics, stole €460,660 from Bibby Financial Services over a three‑month period in 2013 by issuing 93 false invoices. She pleaded guilty at Dublin Circuit Criminal Court and was sentenced to 18 months imprisonment on 12 December 2017. The sentence was deferred until the new year, and she remained on bail. On appeal, the Court of Appeal suspended the final six months of the term, reducing the custodial period to 12 months. Lynch had taken over the company after her husband's diagnosis of a rare mouth cancer and the subsequent withdrawal of his involvement. She had made early admissions, a guilty plea, and had been saving €50 a week for a compensation fund. The appeal was granted on the basis of mitigating factors, including her cooperation, lack of prior convictions, and the impact on her family. She was taken to prison to begin serving the 12‑month term.
Ronald Flynn (54), of Mount Nugent, Ballyjamesduff, Co Cavan, has been sentenced to two years in jail following his guilty plea at Dublin Circuit Criminal Court to possessing just under 10kg of cannabis at Citywest Avenue, Citywest Business Park, Dublin on November 19, 2015. Flynn admitted to the charge and was found guilty. The court heard that Jason Flynn, currently serving a five-year sentence for drugs offences, had accrued a drug debt, which was then transferred to his father. Jason Flynn wrote a letter from prison appealing for leniency for his father, stating it was 'all his fault'. Judge Martin Nolan acknowledged that Ronald Flynn felt 'coerced' to take part in the operation as he was told his son would be 'killed by Christmas'. However, the judge noted that Flynn, a 'mature man', made a decision to involve himself in serious crime. Detective Garda William Armstrong testified that he posed as a UPS delivery man to intercept the parcel of drugs, valued at €198,900. Flynn was arrested after collecting the package and made full admissions. Flynn has 19 previous convictions, mainly for road traffic offences. Michael Bowman SC, defending, stated that Flynn was threatened with the death of his son unless he collected the drugs. The judge agreed to stay the start of the sentence until February 26 next. The matter was adjourned for the purposes of appeal.
Michael Shine, an 85‑year‑old retired consultant surgeon from Dublin, was jailed last month for indecently assaulting two 15‑year‑old boys in the 1970s. He was convicted on eight counts of indecent assault at Our Lady of Lourdes Hospital and his private clinic in Drogheda between 1964 and 1991, but was acquitted on the remaining counts. The jury found him guilty of the two 1970s assaults, and the judge imposed consecutive 10‑month sentences, totalling 20 months, a term within the offence's two‑year maximum. Shine has lodged an appeal against both conviction and sentence. On 2 December, the three‑judge court granted him bail pending the appeal, subject to conditions such as residing at his home, attending court dates, signing in weekly at a Garda station, not applying for a passport, and expediting his appeal. The appeal focuses on alleged procedural errors and the harshness of the custodial term given Shine's age and health. Michael Shine pleaded not guilty.
David Shanley, aged 48, was originally sentenced to five years' imprisonment for the manslaughter of John Lawlor, also 48, who died after a lower‑leg stab on Christmas Eve 2014. The sentence, with 2½ years suspended, was increased to six‑and‑a‑half years with three years suspended following an appeal by the Director of Public Prosecutions. Shanley had pleaded not guilty to murder but guilty to manslaughter, and the Court of Appeal found the original sentence "unduly lenient." The case involved a dispute over a 10‑year‑old daughter, menacing text messages, and a confrontation at Lawlor's home where Shanley entered with a knife. Lawlor was struck in the lower leg, a wound that caused massive blood loss and death. Shanley accepted responsibility and was required to enter a good‑behaviour bond for the suspended period. The final sentence was imposed by a three‑judge court, including Mr Justice Alan Mahon.
The Court of Appeal has reserved judgement in the appeal of Mark Nash against his 2015 conviction for two murders in Grangegorman, Dublin, committed in March 1997. Nash, originally from England with Dublin addresses, was sentenced to life imprisonment following a jury verdict after a forty-eight-day trial. He was already serving life for murders committed in Ballintober, County Roscommon, in August 1997. The appeal centred on DNA evidence recovered from Nash's jacket during forensic examination and his admissions to gardaí. Defence counsel challenged the reliability of the DNA findings, citing potential contamination and procedural irregularities in the investigation, including delayed disclosure of evidence and the absence of a search warrant. The prosecution argued the case against Nash was compelling, citing the DNA evidence, his admissions, and forensic findings including matching boot prints. The three-judge panel, presided over by Mr Justice Alan Mahon, reserved decision. The unnamed 44-year-old pleaded not guilty.
A man serving a life sentence for the 2011 murder of his mother in Castlebar, County Mayo, has lodged an appeal against his conviction at the Court of Appeal. Celyn Eadon was convicted in February 2014 of murdering his 46-year-old mother, whom he fatally stabbed on 9 March 2011. He had pleaded not guilty to murder but admitted manslaughter. During his eight-day trial at the Central Criminal Court in early 2014, the court heard evidence of Eadon's long-standing substance abuse and his mental state at the time of the killing. His legal team argued that the trial judge failed to adequately address the question of intoxication in relation to specific intent. Counsel contended that instructions given to the jury regarding voluntary intoxication may have prevented proper consideration of whether the charge should be reduced to manslaughter. The three-judge panel reserved judgement on the appeal.
Brian Rattigan, 38, was convicted in a Special Criminal Court of directing a €1 million heroin supply from prison. He pleaded not guilty 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 murder conviction was later quashed by the Supreme Court. Rattigan's appeal against the drug conviction is scheduled for 5 June 2025. The appeal is solely against conviction; counsel expects it to finish in under a day. Rattigan was not present at the hearing. The trial relied on evidence of a €1 million heroin haul, mobile phone texts detailing drug distribution, and a diary found in his prison cell.
A man from Co Dublin has lost his appeal against a High Court ruling that refused him access to information supporting a garda search warrant. Francis McGuinness sought the documentation in connection with a civil action against the Garda Commissioner and State regarding a search of his premises, a vehicle storage yard at Cloghran, conducted in August 2014. The search was carried out as part of an investigation into a serious fire attack on the Quinn group packaging plant at Ballyconnell, Co Cavan, in March 2014. A modified jeep was driven into the plant's lobby, causing approximately €600,000 damage with over thirty employees present. Gardaí claimed public interest and informer privilege over the warrant application details, citing risk to confidential sources. The Court of Appeal upheld the High Court's decision, with Mr Justice John Edwards stating Mr McGuinness had failed to demonstrate any infirmity in the original judgment or relevance of the disputed document.
James Conlon, a 35-year-old from Clonmel, Co Tipperary, had his jail term reduced on appeal after pleading not guilty to two counts of attempting to pervert the course of justice. The offences occurred during the investigation into the 2012 murder of Shane Rossiter. Conlon was originally found guilty by a jury at Clonmel Circuit Criminal Court and sentenced to eight years imprisonment, with the final year suspended, by Judge Thomas Teehan in February 2012. The Court of Appeal, presided over by Mr Justice George Birmingham alongside Mr Justice Alan Mahon and Mr Justice John Edwards, quashed these sentences. The court substituted new terms of four years and three years imprisonment to run concurrently, resulting in an effective four-year term. The appeal judgment noted that Conlon and Maurice Power, who was convicted of Rossiter's murder at the Central Criminal Court in 2014, sought to remove a computer chip from a CCTV system. Conlon also allegedly sought to dissuade a potential witness from giving evidence. While the court acknowledged the seriousness of perverting justice in a murder case, it found the original sentencing range inappropriately high, noting the absence of violence, threats, or intimidation.
Warren Brennan, aged 26, was re‑sentenced to ten years' imprisonment with the final three years suspended after the Court of Appeal found his original seven‑year sentence unduly lenient. Brennan had pleaded guilty to aggravated burglary, robbery and related offences at a bookmakers shop on Lombard Street in December 2014 and at Alderwood Park in October 2015. He was convicted of robbing a 71‑year‑old pensioner with a hammer, repeatedly striking him on the head and body, and also striking the victim's nephew. Brennan had previously been convicted of 54 offences, including robbery and possession of a firearm. The Court of Appeal, judging that the evidence was overwhelming and that the guilty pleas had earned excessive credit, imposed a consecutive five‑year term with the final three years suspended, requiring a good‑behaviour bond for the suspended period.
In a Court of Appeal hearing on 18 December 2017, the court found that the 4½‑year sentences imposed on cousins Michael Casey (34) and David Casey (23) for a fatal burglary at the home of 62‑year‑old John O'Donoghue were unduly lenient. The men had pleaded guilty to a series of burglaries, including the incident on 27 August 2015 when O'Donoghue collapsed and died as he confronted the intruders. Judge Tom O'Donnell had originally sentenced them at Limerick Circuit Criminal Court to four‑and‑a‑half years, with the final year suspended. The Director of Public Prosecutions appealed, arguing the harm caused, including the distress of O'Donoghue's sister who witnessed his death, warranted a harsher penalty. The three‑judge panel, led by Mr Justice George Birmingham, agreed and ordered a fresh sentencing hearing to be scheduled for January.
A 39‑year‑old nurse, Greta Dudko, was sentenced to life in prison for murdering her 55‑year‑old mother, Anna Butautiene, on Christmas Eve 2010. Dudko admitted striking her mother's head against a wall and hitting her with a glass bottle, causing blunt‑force trauma. She pleaded not guilty to murder but guilty to manslaughter, a plea that was rejected, and was tried at the Central Criminal Court. A majority jury found her guilty of murder (11‑1) and Mr Justice Paul Carney imposed a mandatory life sentence on 22 October 2014. The court noted Dudko's alcohol problem, medication use, and recent suspension from nursing work. She and her family had moved out of the shared home weeks before the murder. Dudko has now lodged an appeal, arguing that the trial judge's conduct and charge were unfair and unbalanced, particularly regarding intoxication and provocation. The appeal is pending.
Sarah Doyle, a 24‑year‑old single mother from Killaley, Togher, Drogheda, was sentenced to four years' imprisonment for her role in the robbery of Clogherhead Post Office on 3 May 2016. The robbery involved three armed men who used a sledgehammer, a firearm and a taser to break into the post office and stole about €7,000. Doyle, who had no direct participation in the robbery or in threatening staff, helped the raiders by waiting in her car and driving them to safety. She received €1,000 from the proceeds. At sentencing, the judge suspended the final two years, but on appeal the Court of Appeal increased the suspended portion to two‑and‑a‑half years, keeping the overall term at four years. Doyle was required to enter a good‑behaviour bond for the suspended period. The appeal decision was based on the judge's failure to fully consider the detrimental effect of custody on the mother‑child relationship. Sarah Doyle pleaded guilty.
The High Court approved schemes of arrangement allowing seven companies controlled by Galway businessman Gerry Barrett to exit examinership on December 21st. Ms Justice Marie Baker approved the proposals, which secure over 330 jobs across businesses including the Five Star G Hotel, Meyrick Hotel, apartments, a retail park, and the Eye Cinema. The schemes were formulated by examiner Neil Hughes of Baker Tily Hughes Blake following negotiations with main creditor Deutsche Bank. Paul Gallagher SC, representing the bank, stated that an agreement was reached with the Barretts, who withdrew their objections to the schemes. The companies, represented by Gary McCarthy SC and Michael Cush SC, had previously opposed the examiner's proposals, alleging unfairness to a class of impaired creditors. Deutsche Bank, owed more than €690m, had initially opposed the examiner's appointment, alleging an attempt to renege on a 2016 debt settlement. However, following rulings by the High Court and Court of Appeal, the examiner was appointed. Under the approved schemes, investor Waltzfire Ltd will inject €89m plus €9m in working capital. The court's approval ensures the companies continue as going concerns, with all trade creditors paid and employment secured.
Prosecutors seek a review of the sentences imposed on cousins Michael Casey (34) and David Casey (22) for a series of burglaries, including a fatal burglary at John O'Donoghue's home in Doon on 27 August 2015. The men pleaded guilty and were sentenced by Judge Tom O'Donnell at Limerick Circuit Criminal Court to four-and-a-half years' imprisonment, with the final year suspended. The DPP argues the sentence was unduly lenient, citing the death of Mr O'Donoghue, the trauma to his sister, and the aggravated nature of the burglary spree. Counsel for the DPP highlighted the inherent risk of residential burglary and the need for a headline sentence that reflects the harm caused. The Court of Appeal reserved its judgment, while counsel for the defendants argued the suspended year was justified and that the defendants had shown remorse and personal difficulties. The case remains pending.
Two professional footballers suspended for twelve months following a match-fixing investigation have secured temporary High Court injunctions preventing the Football Association of Ireland from introducing new evidence during their appeal hearing. Igor Labuts, a goalkeeper, and midfielder Dragos Sfrijan, both formerly of Athlone Town AFC in the League of Ireland First Division, were found guilty in September of deliberate actions to manipulate match results arising from a game against Longford Town in April. The players deny wrongdoing and claim the new evidence is prejudicial, was not disclosed at the original disciplinary hearing, and breaches natural justice principles. The FAI maintains it is entitled under its own rules to introduce the material at the appeal, scheduled for December twenty-first. Justice Caroline Costello granted interim injunctions on Wednesday at the High Court. The case has been adjourned to the following week.
A Mulhuddart man, Andrew Gibney, who admitted stabbing Gerard Burnett three times, was sentenced to eight years in prison with one year suspended at the Central Criminal Court for manslaughter during an appeal. Gibney was found not guilty of murder but guilty of manslaughter by a jury last month after deliberating for seven hours and six minutes over three days. He had pleaded not guilty to murdering Mr Burnett at Castlecurragh Vale, Mulhuddart, Dublin 15 on August 21, 2012. Mr Justice Paul Butler accepted the jury's verdict, noting that Gibney did not intend to kill or cause serious injury. Gibney admitted stabbing Mr Burnett three times in the side with a knife and voluntarily went to gardaí a week after the incident. The prosecution argued that Gibney was part of a joint enterprise to murder Mr Burnett, while the defence maintained that the appropriate verdict was manslaughter. The court heard that Mr Burnett suffered 30 knife injuries, including six fatal stab wounds to his chest. Mr Justice Butler noted that Gibney's remorse was credible and that he had made progress while in custody. The sentence was backdated to August 28, 2012, when Gibney entered custody. The matter was adjourned for the sentence hearing, and Gibney was asked to enter a bond of €100 for good behaviour.
A 49‑year‑old Kilkenny man, whose name is withheld to protect the identity of a 33‑year‑old man, was convicted by a Central Criminal Court jury of 15 counts of rape and oral rape and one charge of sexual assault. He had pleaded not guilty to 35 counts, with the trial judge directing not guilty on the balance. He received a 10‑year sentence, the final year suspended by Ms Justice Isobel Kennedy on 8 February 2016. On appeal, Mr Justice George Birmingham quashed three counts of rape and the remaining count of sexual assault that related to periods before 1 January 1999. The quashing was based on new evidence from the Department of Social Protection showing the man began receiving rent supplement in May or November 1999, indicating he likely did not live at the rented address in 1998.
Gregory McAuley, 43, was spared jail twice for assaulting a Garda during a domestic dispute. He pleaded guilty to assault causing harm to an on‑duty Garda at his former partner's home in Kilbarrack on 19 February 2016. Judge Martin Nolan originally imposed 200 hours of community service instead of a three‑year custodial sentence. The Court of Appeal, citing the Director of Public Prosecutions' appeal, found the sentence unduly lenient and re‑imposed a three‑year term, suspending it in its entirety for two years. The appeal argued that assaults on Gardaí should normally result in custodial sentences, especially when children are present. The court noted McAuley's prior convictions, his intoxication at the time of arrest, and his efforts to address alcohol problems, and it required him to keep the peace and behave well during the suspension period.
Patrick Joseph Mangan, 51, of Valeview Drive, Finglas, was wanted abroad for a single drugs charge alleged to have occurred in Spain on 29 November 2010. A European Arrest Warrant sought his surrender on the basis that he participated in an organisation dealing with drug trafficking. The warrant described a British organisation that purchased large amounts of drugs from Melilla, paid by a Spanish group, and that 148 kg of hashish was recovered on that date. The High Court ordered his extradition in March, and Mangan lost an appeal against that order on 11 December 2017. The Court of Appeal dismissed his objection that telephone tapping of a call made from an Irish‑registered phone breached his constitutional right to privacy. A stay of surrender was granted pending a Supreme Court appeal, and he remains on continuing bail. The case remains at the extradition stage.
Tributes were paid to Mr Justice Paul Gilligan on his final day presiding over the High Court's chancery division before his transfer to the Court of Appeal. Appointed to the bench 15 years ago, the judge is moving to the appellate court. Mark Connaughton SC led the professional commendations, noting that Mr Justice Gilligan consistently displayed great courtesy to practitioners and litigants in person. Mr Connaughton stated that the judge managed the chancery list effectively, often in difficult circumstances, and dispensed justice at the highest standards. These sentiments were echoed by other leading members of the legal profession. Mr Justice Gilligan expressed sadness at leaving a role he described as the highlight of his judicial career. He acknowledged the court's efforts to progress cases and thanked the legal profession for their assistance. Specifically, he praised Ms Paula Healy for her devotion and extensive hours working on the chancery list, and Mr Ian Barclay, the court usher, for his exceptional support. The judge also extended best wishes to his successor, Ms Justice Caroline Costello, who assumes the chancery division role next Tuesday. This report marks the procedural transition of the judge to the Court of Appeal, concluding his tenure in the High Court's chancery division.
Retired consultant surgeon Michael Shine, aged 85, is seeking bail pending an appeal after being jailed for indecent assault convictions. Shine was convicted in 2017 of indecently assaulting two 15‑year‑old patients in the mid‑1970s at Our Lady of Lourdes Hospital and his private clinic in Drogheda, between 1964 and 1991. He faced eight charges but was acquitted on all but the two convictions. Judge Cormac Quinn described the breach of trust by a senior doctor as one of the most aggravating factors and imposed consecutive 10‑month sentences for each victim. Shine's lawyers applied for a week to manage his affairs and medication, but the judge rejected this. In the Court of Appeal, his barrister Hugh Hartnett SC requested an early bail application, citing Shine's perilous health. Judge George Birmingham set 21 December for the bail application, and Shine was not present for the procedural hearing. Michael Shine pleaded not guilty.
In a Court of Appeal decision dated 8 December 2017, the court held that a convicted paedophile, aged 83, was not prejudiced by a 45‑year delay before he was tried for raping a niece. The man, whose name is withheld to protect the victim, had been found guilty in 1971 of rape and sexual assault of an 11‑year‑old child in County Clare. He had denied the charges and was sentenced to seven years imprisonment in 2016. He appealed, arguing that the delay had caused prejudice, but the appeal was dismissed. The court noted that the victim's mother, the man's sister, and the victim's siblings were present during the alleged incidents, and that the victim's testimony described two separate assaults, including a rape. The court also considered the death of the man's girlfriend in 2008, who might have been an accomplice, but concluded that her absence did not create a grave prejudice sufficient to halt the trial.
In a 2017 Court of Appeal hearing, Brendan Grehan SC argued that Michael Taylor, 37, lacked sufficient evidence linking him to the 2007 murder of Paul Kelly, 26, at Winston Ville apartments. Grehan highlighted three main points: a glove found 80 m from the scene with a DNA profile matching Taylor, phone evidence showing a device linked to Taylor pinging a mast near the crime scene, and a feud between Taylor and the victim. He contended the glove's DNA was a minor profile and that a single firearm residue particle was insufficient to prove use in the shooting, arguing the evidence should have been excluded. The prosecution, represented by Denis Vaughan Buckley SC, maintained the evidence was strong and warranted a jury verdict, which had been reached after five hours. The Court of Appeal, presided over by Justice Seán Ryan, decided to reserve judgment on the appeal. Michael Taylor pleaded not guilty and was found guilty.
Dave Mahon, aged 46, lost an appeal against a seven‑year prison sentence for the killing of his partner's son, Dean Fitzpatrick, aged 23. Mahon had pleaded not guilty to murder but was found guilty of manslaughter by a Central Criminal Court jury. The jury held that Mahon had not thrust a knife into Fitzpatrick, only produced it, and that the death was accidental or possibly suicide. The Court of Appeal upheld the sentence, noting it was typical for knife manslaughters and that the judge had considered aggravating factors such as the production of a large knife, the failure to seek medical help and the relationship between Mahon and Fitzpatrick. The appeal was dismissed, leaving Mahon's seven‑year term in place. The case was heard on 8 December 2017.
In 2015 a 62‑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. The jury convicted him on a single count and Judge Michael O'Shea imposed a wholly suspended three‑year sentence. The conviction was appealed on the basis that the trial judge's ruling on the use of CCTV footage had made the trial unfair. The footage was shown to the jury after the complainant's direct evidence and cross‑examination, and the kitchen area where the alleged offence was said to have taken place was not captured on camera. The appeal court, led by Mr Justice Michael Peart, agreed that the defendant had been denied the opportunity to cross‑examine the complainant with reference to the footage, and set aside the conviction, ordering a retrial to be considered at a later date. The case remains at the appeal stage. The unnamed 13-year-old pleaded not guilty.
David Shanley, aged 48, was convicted of manslaughter for killing John Lawlor, also 48, who died from a knife wound to a varicose vein after a confrontation on Christmas Eve 2014. Shanley pleaded guilty and was sentenced by Mr Justice Paul Butler on 24 October 2016 to five years' imprisonment, with the final two‑and‑a‑half years suspended. The judge noted Lawlor was a "much loved son, brother, father and grandfather" and that Shanley had accepted responsibility, though he had initially tried to deflect it by claiming the struggle was a "fight for survival". Shanley's sentence is now under appeal by the Director of Public Prosecutions, who argue the tariff is unduly lenient and the 50 % mitigating discount too high. The Court of Appeal has reserved judgment on the appeal. The case remains at the appeal stage, with no further outcome reported.
A 77-year-old appellant has lost his appeal against the severity of his prison sentence. The man, whose identity is protected to preserve the victim's anonymity, was found guilty by a Central Criminal Court jury following a retrial of 14 counts of rape and 60 counts of sexual assault committed against his daughter between 2002 and 2006. In May 2011, Mr Justice Paul Carney imposed concurrent 15-year sentences for each rape count and 10-year sentences for each sexual assault count, with the final three years suspended. The Court of Appeal, led by Mr Justice John Hedigan, dismissed the appeal, finding no error in the sentencing judge's approach or conclusions. The court noted the aggravating factors, including the breach of trust, the victim's age, the duration of the offending, and the absence of genuine remorse. The appellant's primary grounds argued that the judge failed to adequately consider his good character, lack of extreme violence, and potential for rehabilitation. However, the court determined that the most significant mitigation, an early guilty plea, was unavailable. Additionally, the court could not address the appellant's successful Supreme Court challenge regarding the constitutionality of Section 249.1 of the Social Welfare Consolidation Act 2005, as no leave to add these grounds had been sought in this specific appeal. The three-judge panel concluded that the sentence was appropriate given the circumstances.
In a 2017 Court of Appeal hearing, Peter Kenny's barrister argued that Kenny, convicted of murdering John Carroll in 2009, could not receive a fair trial because of the "scandalous" handling of Garda informant Joseph O'Brien. Kenny, 35, had pleaded not guilty and was sentenced to life by Mr Justice Barry White in 2011. The appeal focused on O'Brien's evidence, a known drug dealer and informant, and the manner it was obtained. Counsel claimed that O'Brien was arrested at Dublin Port, then taken to Pearse Street Garda station where he met Det. Sgt. Adrian Whitelaw and the late Superintendent PJ Brown. No notes were taken during the two‑hour meeting, and the relationship between O'Brien, Whitelaw and Brown was never documented. The barrister said the lack of documentation and contradictory statements about immunity and witness protection made it impossible for Kenny's lawyers to effectively present their case.
The High Court dismissed three legal challenges to the construction of a new 3,110‑metre runway at Dublin Airport, a project costing €320 million and covering 261 hectares north and north‑west of the terminal. The court found the development lawful and upheld the extension of planning permission granted to the Dublin Airport Authority (DAA). Residents from Kilreesk Lane, St Margaret's, Co Dublin, who argued that the runway was illegal and that Fingal County Council had ignored their concerns about its impact on homes and land, will appeal the dismissal. They will seek permission for the Court of Appeal to hear their case later this month. An environmental group, Friends of the Irish Environment, also intends to appeal the dismissal of its claim that the runway would increase greenhouse‑gas emissions, though the judge accepted a constitutional right to an environment but ruled it did not apply in this instance.
A 65‑year‑old Dublin man was sentenced to 16 months' imprisonment in February 2017 for indecently assaulting his 10‑year‑old niece on St Stephen's Night in 1980 or 1981. The offence involved the uncle kneeling over the child, touching her genitals, leaving, returning twenty minutes later and masturbating. The victim, who was crying and told him to leave, later described the incident as causing irreversible damage, loss of innocence, shame and family fracture. The man, a carpenter with no prior convictions, was married with children and grandchildren and was described by witnesses as of good character. On appeal, the Court of Appeal reduced the sentence to 13 months, citing the offence's single‑night nature, lack of systematic abuse, and the time elapsed since the crime. The maximum sentence at the time was two years. The appeal judge applied a discount for mitigation, concluding a 13‑month term was appropriate. The unnamed 65-year-old was found guilty.
The Court of Appeal has dismissed an appeal against the severity of a 15-year prison sentence imposed on Michael Maughan for aggravated burglary. Maughan, aged 24, pleaded guilty to breaking into the caravan of Martin and Winnie McDonagh on Turlough Road, Castlebar, on November 18, 2013. During the attack, Maughan allegedly used a machete to slash the occupants, including an 11-year-old child, causing severe lacerations. The original sentence was handed down by Judge Rory McCabe at Castlebar Circuit Criminal Court on February 19, 2016. On appeal, counsel for the Director of Public Prosecutions argued the offence was among the most serious possible, while the defence compared it to a less severe Tipperary case. The three-judge panel, led by Mr Justice George Birmingham, rejected this comparison, stating both cases represented the highest level of seriousness for aggravated burglary. The court noted that Maughan was also sentenced on four other bills of indictment for violent disorders and robbery committed after the caravan attack. Judge McCabe had imposed concurrent sentences for these additional offences, made consecutive to the aggravated burglary term but suspended in their entirety. The Court of Appeal found that the 15-year sentence for the aggravated burglary fell within the appropriate range and that no error in principle was identified, thereby upholding the original custodial term.