Patrick McCann, 24, of Ballyfermot, pleaded guilty to attempted murder of 19‑year‑old Luke Wilson and to possession of a firearm with intent to endanger life. The incident occurred on 13 January 2013 at Liffey Gaels, Memorial Park, Inchicore, when Wilson was shot in the arm, neck and face but escaped injury because the gun jammed twice and McCann fled. In sentencing, Mr Justice Paul Carney described the case as "might as well have appeared in the Love/Hate script" and imposed a 20‑year sentence, suspending the final three years. He cited McCann's long‑standing dependence on alcohol and drugs and a dysfunctional family background as mitigating factors. McCann was due to appeal the sentence, but after a hearing in the Court of Appeal, his barrister Keith Spencer announced that McCann wished to withdraw the appeal.
A 21‑year‑old man, Eric Harcourt, was found guilty of endangerment and unlawful use of a vehicle after accelerating a car at a Garda in Darndale on 23 September 2014. He pleaded not guilty at Dublin Circuit Criminal Court and was sentenced to four years' imprisonment, with the final 18 months suspended, on 5 February 2016. Harcourt had been on bail when the offence occurred and the sentence was consecutive to a term already being served. He appealed the severity of the sentence, but the Court of Appeal, led by Mr Justice Alan Mahon, found no error in principle. The judge noted Harcourt's "deplorable" record of 67 previous driving convictions, the earliest at age 13, and stated that a four‑year term was not unreasonable given the seriousness of the offence and his record. The appeal was dismissed.
A 43‑year‑old man was convicted by a jury in the Central Criminal Court for raping his wife in their home in May 2014 and for threatening to cut her face and to kill her the next day. He was sentenced to 12 years' imprisonment, with the final two years suspended, in June 2016. The Court of Appeal upheld the conviction on 1 December 2017, finding that none of the grounds of appeal presented by the defendant's counsel succeeded. The appeal was dismissed by Mr Justice Alan Mahon, sitting with Mr Justice George Birmingham and Mr Justice John Edwards. The appeal did not address any new evidence or procedural errors; it simply confirmed the original conviction and sentence. The case remains at the appellate stage, with no further changes to the conviction or sentence announced.
Peng Fei He, a 34‑year‑old Chinese national living on Little Mary Street, Dublin, pleaded guilty in November 2015 to possessing more than €140,000 worth of cannabis for sale or supply. He had ordered and accepted two DHL packages from Spain, each containing just over 7 kg of cannabis, and had placed one in the boot of his car before being stopped by Gardaí. He admitted ordering the parcels, knowing their contents, and cited gambling debts of €4,000–€5,000. He denied that money was being sent to China in his name, a claim unsupported by evidence. In October 2016, Judge Pauline Codd sentenced him to eight years' imprisonment, suspending the final two years. On appeal, the Court of Appeal, led by Mr Justice John Hedigan, held that the headline sentence of 12 years was too severe and reduced it to nine years.
Andrew Gibney, 25, of Mulhuddart, Dublin 15, was found not guilty of murder but guilty of manslaughter by a Central Criminal Court jury. The case, an appeal resulting in a retrial after his 2014 life sentence was overturned, concerned the alleged killing of Gerard Burnett, 28, at Castlecurragh Vale on August 21, 2012. Gibney had pleaded not guilty to the murder charge. Prosecution counsel alleged Gibney was part of a joint enterprise to murder Mr Burnett, while defence counsel argued the evidence supported a lesser intent. The jury deliberated for over seven hours before returning their verdict. Mr Justice Paul Butler adjourned sentencing until December 13 and remanded Gibney in custody until that date. Gibney had previously been convicted of the murder and sentenced to life imprisonment in January 2014, but that conviction was quashed by the Court of Appeal in November last year, ordering a retrial. The court heard evidence that Gibney admitted to stabbing the deceased three times in the side. The matter was adjourned for sentencing.
In 2017 a Belfast man, Francis Lanigan, 53, former republican paramilitary, was still fighting extradition to Northern Ireland for a 1998 murder and a firearms offence. He was arrested in 2013 under a European Arrest Warrant while working as a barber in Dublin, using a false name. Lanigan claims he joined the IRA at 17 and the INLA at 19, was imprisoned in 1984, and later became a significant INLA member. He alleges he was targeted by loyalists and that a 1998 incident led to the death of John Knocker. He argues that state collusion and lack of CCTV evidence undermine the warrant. The High Court ordered his surrender in 2015, but multiple High Court, Court of Appeal, Supreme Court, and European Court of Justice proceedings continue, with at least nine judges hearing the case. Lanigan remains on bail and his lawyers appeal ongoing orders. The unnamed man was convicted.
The Court of Appeal was informed that Daniel McDonnell, aged 22, who is serving a mandatory life sentence for the murder of 16‑year‑old Melanie McCarthy, is medically unfit to attend court due to a psychiatric illness. McDonnell, who was 19 at the time of the offence, had pleaded not guilty and was found guilty by a jury at the Central Criminal Court on 24 January 2014, receiving a life sentence. He was due to appeal his conviction on the day the appeal hearing was scheduled, but the court was told he could not attend. Counsel Bernard Condon requested a new date to obtain an up‑to‑date psychiatric report. The appeal hearing was postponed to 18 December, when a new date will be set. The case remains at the appeal stage, with no further outcome reported in the article.
Stephen Cahoon, aged 44, was found guilty of murdering his ex‑girlfriend Jean Teresa Quigley, aged 30, who was ten weeks pregnant with his child. The murder took place on 26 July 2008 at Cornshell Fields, Derry. Cahoon admitted strangling Quigley but denied it was murder, claiming it occurred after consensual sex and that she was still alive when he left her home. He did not call an ambulance. The jury at the Central Criminal Court in Dublin unanimously convicted him and he received a mandatory life sentence in December 2015. The appeal focused on the admissibility of witness statements under Section 16 of the Criminal Justice Act 2006. Judge Alan Mahon upheld the conviction, finding the trial judge's decision to admit the statements correct and the jury instructions fair. Cahoon was not present at the hearing.
Frederick Lee, aged 53, was convicted of murder in 1994 and sentenced to life imprisonment by Leeds Crown Court. He escaped from Shelton Abbey open prison in March 2016, living with his daughter in the UK before being apprehended under a European Arrest Warrant. Lee pleaded guilty to escaping lawful custody and had previously received a one‑month sentence for a 1987 escape. On appeal, the Court of Appeal reduced his escape sentence to 10 months, citing English case law that distinguishes between personal‑pressure and professional escapees. The judge noted Lee's escape involved planning but no violence or criminal activity while at large, and that he had been at large for three‑and‑a‑half months. Lee had already served one year and four months in Wheatfield Prison, which the judge considered as having been served. The appeal decision therefore set the final imposed term at 10 months, with no suspended portion or additional custody specified.
Daniel Barrett, 23, pleaded guilty to aggravated burglary at a neighbour's house on 13 August 2015, armed with an imitation shotgun. He was sentenced to eight years' imprisonment by Judge Rory McCabe on 23 November 2016. Barrett had planned to appeal the severity of his sentence. During the Court of Appeal hearing, Judge George Birmingham reminded him that the court could increase sentences. Barrett's counsel, Garnet Orange SC, informed the court that Barrett had decided to withdraw the appeal. The appeal was withdrawn and Barrett was taken to continue serving his sentence.
Alan Jones, 42, of Knockmore Park, Tallaght, was given a 10‑year jail term for four robberies and one attempted robbery in Dublin between 2007 and 2013. He had previously received suspended sentences for a €1,800 bank robbery in 2007 and a €2,000‑€3,000 bookmaker robbery in 2008, which were activated in December 2014 when he was convicted of robbing an off‑license, attempting to rob a woman at a Luas stop, and robbing a woman at an ATM. Judge Patricia Ryan imposed an eight‑year cumulative sentence, and Judge Desmond Hogan added a five‑year sentence with the final three years suspended, making the total 10 years. Jones appealed the severity of the sentence, but the Court of Appeal, led by Mr Justice John Hedigan, dismissed the appeal, upholding the 10‑year term and the activation of the suspended sentences. Alan Jones pleaded not guilty.
The High Court has granted orders permitting the examiner of seven Galway companies controlled by Gerry Barrett to enter into an agreement with investor Waltzfire Ltd. Ms Justice Marie Baker granted insolvency practitioner Neil Hughes powers under the 2014 Companies Act to execute the deal, as the directors refused to sign the necessary documents. Hughes argued that without these powers, the investment proposal would be lost. The funds are intended to support the examiner's scheme of arrangement with creditors. Opposing counsel, Gary McCarthy SC, stated the directors withheld signatures due to insufficient information and noted that Besomhill Ltd, controlled by Mr Barrett, had submitted a competing bid. The judge ruled the application was properly brought, citing the time-sensitive nature of the examinership and the fact that the companies had known since November 6 that Besomhill was not the successful bidder. The court accepted an undertaking from the examiner not to sign the agreement until 12 midday on Thursday. Last month, the Court of Appeal confirmed Hughes as examiner for the group, which includes the Five Star G Hotel, Meyrick Hotel, and Eye Cinema. The companies sought court protection after Deutsche Bank appointed a receiver, claiming the group owed over €690m. Deutsche Bank had previously opposed the examinership, alleging it was an attempt to renege on a 2016 debt settlement, a claim denied by the companies.
A man from Carrigallen, County Leitrim, has had his eight-year prison sentence upheld by the Court of Appeal following his conviction for serious sexual offences against a child. Damien Reilly, aged 40, pleaded guilty at the Central Criminal Court to three counts of sexual assault and five counts of rape committed between 1994 and 2000, when the victim was between nine and approximately fourteen years old. Mr Justice Patrick McCarthy imposed the eight-year sentence in January 2017. Reilly's legal team argued that the sentencing judge had failed to adequately account for mitigating factors beyond the guilty plea. However, Mr Justice Alan Mahon, delivering judgment for the three-judge panel, rejected this submission, finding that the four-year reduction from the headline sentence of twelve years reflected all mitigating circumstances. The court emphasised the gravity of the offences, which occurred over an extended period and exploited a position of trust. While acknowledging the sentence represented the outer limit of appropriateness, the court found it remained within judicial discretion.
David Cashin, aged 49, was convicted in 2014 of sexual assault and buggery of a teenage girl between October 2002 and February 2005. He received concurrent sentences totalling seven years imprisonment. Cashin applied for an extension of time to appeal his conviction and sentence, but the Court of Appeal refused on the basis that justice would not be served by allowing the extension. The court noted that Cashin had denied the charges, claimed his former solicitor advised him he could not appeal, and that his grounds of appeal were generic and not specific to the facts of the case. The court also highlighted that no new information had been presented to support a successful appeal. The refusal was made by Mr Justice George Birmingham, with Mr Justice Seán Ryan and Mr Justice Alan Mahon presiding. The victim was 14 at the time of the abuse, and Cashin was 35.
Joseph Berry, aged 30, was jailed for his part in the theft of an ATM from a Maxol/Mace service station in Enniscorthy on 24 July 2009. The ATM, owned by Ulster Bank, contained €205,100 at the time of removal. Berry had pleaded guilty to theft and related offences and was originally sentenced to four years' imprisonment by Judge Barry Hickson on 28 June 2016. On appeal, the Court of Appeal found that the Circuit Court had not given enough weight to mitigating factors such as Berry's youth, guilty plea and clean record. The Court suspended the final nine months of a new four‑year term, re‑sentencing Berry to four years with the suspended portion, and backdated the sentence to 9 December 2015 to account for time spent in German custody awaiting extradition. The decision was made by Judges Alan Mahon, Michael Peart and George Birmingham. The appeal was granted on 13 November 2017.
The Court of Appeal hearing into Mark Nash's conviction for the 1997 Grangegorman murders in Dublin will conclude in December. Nash, aged 44, was found guilty in 2015 of murdering two women whose bodies were discovered in sheltered accommodation two decades earlier. He received a mandatory life sentence. Nash is also serving a life term for a double killing in Ballintober, County Roscommon, committed five months prior. His appeal challenges the DNA evidence linking him to the Dublin murders and raises concerns about potential contamination during forensic examination. The defence also contends his detention was unlawful and questions the circumstances of his admissions. The prosecution maintains the case against Nash is compelling, citing his confessions alongside forensic evidence and footwear matching. Counsel for the Director of Public Prosecutions argued contamination would require an implausible series of coincidences. Replying submissions are scheduled for December 20th before the three-judge appellate panel.
Mark Nash is appealing his 2015 conviction for the murder of two women whose bodies were discovered in sheltered accommodation in Grangegorman twenty years earlier. Nash was found guilty at the Central Criminal Court and received a mandatory life sentence. He had already been serving life imprisonment for two murders committed in Ballintober, County Roscommon in 1997. At the Court of Appeal hearing, Nash's counsel challenged the forensic evidence, particularly DNA findings on a jacket seized during the investigation. The defence contended there was a risk of contamination at the State's Forensic Science Laboratory. The Director of Public Prosecutions' counsel argued the contamination theory required "a mind boggling series of coincidences" and submitted the case against Nash was "coercive and compelling" based on his admissions, DNA evidence, and footprint matches. The three-judge court reserved judgment.
A man convicted of two murders in Dublin two decades ago has initiated an appeal against his conviction at the Court of Appeal. The defendant was found guilty in 2015 of the killings, which occurred in 1997 at sheltered accommodation in Grangegorman, and received a mandatory life sentence. He had previously been convicted of two further murders committed in Roscommon in the same year. His legal team contended that the case presented extraordinary difficulties, particularly as another individual had previously confessed to the same Dublin offences before his death. Senior counsel for the appellant raised concerns regarding forensic procedures, including potential contamination of evidence and late disclosure of material to the defence. Questions were also raised regarding the lawfulness of his detention and the circumstances surrounding a search of his premises. The prosecution's case relied principally on the defendant's admissions and forensic findings. The three-judge panel heard arguments over three days at the Court of Appeal.
Fred Forsey Jnr, a former Fine Gael councillor aged 46, was convicted of receiving three corrupt payments totalling €80,000 from a property developer in 2006. The payments were alleged to have been made to influence Waterford County Council officials and councillors to grant planning permission for a development at Ballygagin, and to alter the zoning of the land in the Waterford County Development Plan. Forsey also allegedly sought to bring the land under the control of the Dungarvan Urban Development Committee, of which he was a member. He was found guilty by a jury at the Waterford Circuit Criminal Court and sentenced to six years' imprisonment, with the final two years suspended by Judge Gerard Griffin on 27 June 2012. In July 2016 the Court of Appeal dismissed his appeal against conviction. In 2017 his lawyers applied for a legal‑aid certificate to bring a Supreme Court appeal. Mr Justice George Birmingham granted the certificate. Fred Forsey Jnr pleaded not guilty.
Michael Murray, aged 46, was sentenced to 19 years in prison after an appeal by the Director of Public Prosecutions increased his original 15‑year term. The Court of Appeal found the original sentence unduly lenient, citing the appalling nature of the offences, his extensive prior criminal record and the absence of any mitigating factors. Murray was convicted of rape, attempted rape, oral rape, aggravated sexual assault, child abduction, threats to kill or cause serious harm, false imprisonment, and theft. He lured a woman into an apartment by claiming an elderly woman was dying, bound and drugged her, raped her, and abducted her four‑year‑old son, abandoning the child in a city centre square. The judge noted the severity of the crime, the prolonged duration of the assault, the use of restraints and threats, and the lack of any mitigating circumstances.
Irmantas Paulauskas, 39, a Lithuanian national with no fixed abode, was convicted of armed robbery of €1.1 million worth of jewellery from Hartmann jewellers in Galway on 11 February 2015. He pleaded not guilty to robbery and possession of an imitation firearm with a silencer. A jury found him guilty and Judge Rory McCabe sentenced him to 14 years imprisonment on 12 May 2016. Paulauskas lost an appeal against his conviction but successfully appealed his sentence. The Court of Appeal, hearing that the robbery involved imitation firearms rather than loaded guns, reduced the sentence to 12 years, discounting one year for the difficulty of imprisonment for a foreign national. The conviction was upheld, the sentence cut, and no further changes were made to the outcome of the case.
In a 2017 appeal, lawyers for Maurice Power, a 34‑year‑old from Kilmoyler, argued that Gardaí supervising his cigarette breaks during an interview on suspicion of murdering Shane Rossiter violated proper procedure. Power, who had pleaded not guilty to Rossiter's 2012 murder, was found guilty by a jury of 11‑1 and received a mandatory life sentence in 2014. His barrister, Dominic McGinn SC, contended that the Gardaí's involvement in the breaks, supposedly due to resource constraints, effectively influenced Power's confession. He claimed the Gardaí provided information that Power repeated, thereby inducing the confession, and that the trial judge failed to question the admissibility of the confession and related evidence. The Director of Public Prosecutions' counsel dismissed these claims, describing them as lacking substance, and the court was to reserve judgment.
Tiarnan O'Mahoney, a former senior Anglo Irish Bank official, was acquitted of all charges by direction at Dublin Circuit Criminal Court. The 58-year-old, who pleaded not guilty, faced allegations of conspiring to destroy, mutilate, or falsify bank records and conspiracy to defraud the Revenue Commissioners regarding bogus non-resident accounts liable for Deposit Interest Retention Tax. These offences were alleged to have occurred between March 2003 and December 2004, involving eight accounts connected to former chief executive Sean FitzPatrick. Judge Martin Nolan directed the jury to acquit O'Mahoney after accepting a defence submission that the prosecution failed to prove a necessary connection between the accused and former assistant manager Aoife Maguire. The judge described the evidence of conspiracy as "too tenuous" and "too remote," stating that a conviction would be perverse. This 21-day trial was a retrial following the Court of Appeal's quashing of O'Mahoney's 2015 conviction in April 2016. The judge noted that while FitzPatrick benefited from the account deletions, the formal evidence linking O'Mahoney to a conspiracy with Maguire was insufficient. O'Mahoney was discharged from the court.
Judge Martin Nolan of Dublin Circuit Criminal Court intends to direct the jury to acquit Tiarnan O'Mahoney, a former chief operations officer at Anglo Irish Bank, of all charges. The 58-year-old, who pleaded not guilty, was accused of conspiring to destroy, mutilate, or falsify books and documents relating to the bank's property or affairs, and conspiracy to defraud the Revenue Commissioners regarding bogus non-resident accounts potentially liable for Deposit Interest Retention Tax (DIRT). The alleged offences, involving eight accounts connected to former chief executive Sean FitzPatrick, occurred between March 2003 and December 2004. This retrial followed the Court of Appeal quashing O'Mahoney's 2015 conviction in April 2016. Judge Nolan ruled the prosecution's case was "too tenuous" and "too remote" to go to the jury, stating that a conviction would be "perverse" due to a lack of formal evidence linking O'Mahoney to Aoife Maguire, a former assistant manager. Although the judge noted O'Mahoney had insight into the accounts and was instrumental in removing certain staff from the DIRT investigation team, he found the evidence insufficient to prove conspiracy. The judge described Maguire as a "mere conduit" for more powerful voices and acknowledged that FitzPatrick benefited from the account deletions to trade Anglo shares during a prohibited period. The judge praised the Garda investigation but concluded that the jury would be asked to speculate to fill gaps in the evidence. The formal acquittal is scheduled for the following day.
The Court of Appeal has upheld the conviction of a man sentenced for the sexual abuse of a 14-year-old girl. Fergus Carson, aged 55, of The Green, Main Street in Convoy, County Donegal, was found guilty by a Central Criminal Court jury of six counts of sexual assault between May and September 2012. He was sentenced to five years imprisonment with the final 15 months suspended in March 2016. Carson's appeal challenged the fairness of the trial, contending he was denied adequate opportunity to cross-examine his accuser due to her demeanour in the witness box. Mr Justice Alan Mahon, delivering judgment, stated the complainant gave competent and impressive evidence. The court found the trial was fair, that the complainant made herself available for comprehensive cross-examination, and that any hesitancy benefited the defence. The three-judge court dismissed the appeal.
A 43‑year‑old man of Arabic origin was sentenced to ten years' imprisonment for raping and threatening to kill his wife in 2014. The Central Criminal Court convicted him of rape, threats to cut her face, and threats to kill her over the phone. The jury could not reach verdicts on charges of head‑butting and serious damage to her. Judge Isobel Kennedy imposed a 12‑year sentence, suspending the final two years for rape, and gave lesser concurrent sentences for the other counts. The man has now appealed to the Court of Appeal, arguing that the trial judge should have issued a tailored warning to jurors about potential racial bias, citing Islamaphobia as an established reality in Ireland. The appeal is pending judgment.
In a Dublin Circuit Criminal Court case, Declan Tynan, aged 27, was convicted of violent disorder for his role in a December 13, 2012 attack on a Ladbrokes bookmakers in Tallaght. The prosecution alleged that Tynan was one of three men who entered the shop, attacked a customer with a short blade, and then turned on the victim's brother when he tried to intervene. No medical or victim impact reports were produced, and the only evidence against Tynan was a Garda identification from CCTV footage. A jury found him guilty and Judge Patricia Ryan sentenced him to four years' imprisonment, suspending the final year. The Court of Appeal upheld the conviction in July. Earlier this month, Tynan's barrister claimed that another man had "came forward" and that visual identification was unreliable. On October 27, 2017, a three‑judge court granted Tynan bail pending a Garda investigation, requiring him to reside at a specified address and sign in twice weekly. Declan Tynan pleaded not guilty.
Two men convicted of murdering a 23-year-old Polish national in County Roscommon have appealed their convictions at the Court of Appeal. Leszek Sychulec, aged 35, with an address at Drinan, Ballymahon, County Longford, and Andrzej Gruchacz, aged 36, were found guilty by jury in the Central Criminal Court of the killing of Patryk Krupa on 20 June 2014 near Athlone. Both received mandatory life sentences in June 2016. The victim was assaulted, rendered unconscious, and subsequently drowned in the River Shannon. Evidence presented at trial included DNA recovered from Sychulec's belongings and witness testimony. During the appeal hearing, defence counsel for Sychulec challenged the identification procedures used by gardaí, arguing that witnesses were shown a single photograph rather than a range of images. Counsel for Gruchacz raised concerns regarding the admissibility of identification evidence and trial procedure. The prosecution contested these submissions. The three-judge panel reserved judgement. Leszek Sychulec pleaded not guilty. Andrzej Gruchacz pleaded not guilty.
In 2014, Dermot Griffin, aged 57, was found guilty of manslaughter after a 13‑day trial at Dublin Circuit Criminal Court for the 2001 fire that killed 12‑year‑old Stephen Hughes. The jury, composed of six men and six women, returned a verdict of guilty and Judge Patricia Ryan sentenced Griffin to 15 years' imprisonment. Griffin has now appealed his conviction to the Court of Appeal. His counsel, Bernard Condon SC, argued that the prosecution's case was a "three‑legged affair", citing inconsistent statements from three witnesses who admitted drug use and had altered their accounts over time. Condon also highlighted a partner's testimony that Griffin had spoken of burning the den, which was not corroborated by police interviews. The prosecution, represented by Mary Rose Gearty SC, countered that additional evidence, including testimony from Jason Lambe, supported the original verdict. Judge George Birmingham has reserved judgment on the appeal.
In a High Court hearing on 26 October 2017, a judge reserved judgement on a bid by Eric Eoin Marques, an Irish man described by the FBI as the world's largest facilitator of child pornography, to halt his extradition to the United States. Marques, 32, is alleged to have owned and managed the anonymous hosting site Freedom Hosting, which hosted over a hundred extremely violent and graphic child‑pornographic images. He has been in custody since his arrest in August 2013 and suffers from Asperger's Syndrome. His surrender was ordered by the High Court in December 2015, and a subsequent appeal was dismissed by the Court of Appeal. Marques has also pursued judicial review to stop his surrender, arguing that the Minister for Justice failed to consider the Director of Public Prosecutions' reasons for not prosecuting him in Ireland.
Spanish authorities are seeking the surrender of Patrick Joseph Mangan, 51, of Valeview Drive, Finglas, on a single drugs trafficking charge. The charge relates to the recovery of 148 kg of cannabis resin on 29 November 2010 in Melilla. A European Arrest Warrant claims Mangan participated in an organisation dealing with drug trafficking, purchasing large amounts of drugs from Melilla. The High Court ordered his extradition in March, but Mangan appealed to the Court of Appeal, where judgment is reserved. The High Court found that Spanish authorities had monitored a telephone belonging to another individual who had contact with Mangan, but did not find evidence that Spanish authorities had authority to intercept a call in Ireland. Mangan's counsel argued that the interception breached his constitutional right to privacy. The Court of Appeal has remanded Mangan on bail until 11 December, when judgment is expected.
The High Court has heard an appeal by Eric Eoin Marques, the accused, regarding his proposed extradition to the United States. Mr. Marques is alleged to be the owner of Freedom Hosting and is wanted by US authorities for conspiring to distribute and advertise child pornography. The FBI has described him as the world's largest facilitator of such material. Although his surrender was ordered by the High Court in 2015 and upheld by the Court of Appeal, he has launched fresh judicial review proceedings challenging the Minister for Justice's refusal to exercise discretion to halt his extradition. Counsel for Mr. Marques argued that the Minister's decision was flawed because she did not have regard to the Director of Public Prosecutions' reasons for not prosecuting him in Ireland. The court heard that the Minister stated it was not necessary to seek these reasons, a position described by defense counsel as "uninformative" and failing to meet the standard for a decision with profound consequences. Conversely, counsel for the Minister argued she was exercising residual discretion and that her provided reasons were adequate. The matter is currently at the appeal stage, with the hearing before Ms Justice Aileen Donnelly adjourned to resume the following morning.
In a Dublin case, a 50‑year‑old man who had sexually abused four sisters in their home was sentenced to nine years and six months imprisonment with four years of post‑release supervision after an appeal. He had pleaded guilty at the Central Criminal Court to six counts of sexual assault against the girls, who were aged between seven and thirteen at the time of the assaults, which took place between 2002 and 2004. The man, who had a prior rape conviction, was the partner of the girls' mother and lived with them when the assaults occurred. The original sentence of 12 years was reduced because the Court of Appeal found that the judge had double‑counted aggravating factors for the eldest sister's prolonged abuse and the one‑off assaults on the other three sisters. The appeal judge, Mr Justice John Hedigan, ruled that the new cumulative sentence of nine years and six months would not be suspended.
In 2015, David O'Loughlin, aged 30, was convicted of murder after he placed Liam Manley, 59, in a refuse chute at Garden City Apartments, Cork, where Manley died by asphyxiation. O'Loughlin appealed, arguing that the jury should not have visited the chute before delivering the verdict. The Court of Appeal heard that the jury, at its own request, visited the chute during deliberations and even threw a stone down it, an act the defence claimed introduced new evidence. O'Loughlin's counsel, Michael O'Higgins SC, contended that the jury's visit was unlawful and that the death was not a foreseeable consequence of the act. The prosecution's counsel, Seán Gillane SC, maintained that the act was an assault and that the jury had statutory authority to visit the site. The court noted the visit occurred without either party's presence and reserved judgment. David O'Loughlin pleaded not guilty.
Christopher Higgins, aged 22, pleaded guilty to robbing a motorist in Limerick on 17 March 2015, taking €80 and a wifi dongle. He was sentenced to six years' imprisonment, with the final two years suspended, by Judge Tom O'Donnell in May 2016. Higgins appealed, arguing that mitigating factors were not fully considered. The Court of Appeal, led by Mr Justice Michael Peart, found that the evidence from parish priest Fr Tony O'Riordan—who had known Higgins for years, arranged a trial of employment, and had him stay with the priest for six or seven weeks—demonstrated a real prospect of rehabilitation. The court imposed a new six‑year sentence but suspended the balance as of 14 November, allowing Higgins to be released next month under a good‑behaviour bond and practical arrangements to support his rehabilitation.
David Mahon, 46, appeared before the Court of Appeal to challenge the severity of his seven-year sentence for the manslaughter of Dean Fitzpatrick, 23. Mahon had previously pleaded not guilty to the murder of Fitzpatrick, who was stabbed outside his mother's apartment in Dublin in May 2013. A Central Criminal Court jury found him not guilty of murder but guilty of manslaughter, resulting in a sentence handed down by Ms Justice Margaret Heneghan in June 2016. Mahon's counsel, Seán Guerin SC, argued the sentence was excessive, contending that the jury's verdict indicated Mahon merely produced a knife rather than deliberately stabbing the victim, reflecting low culpability. He also disputed aggravating factors, noting Mahon's cooperation with gardaí. Conversely, DPP counsel Anne-Marie Lawlor SC argued the appeal was based on a fallacy, stating the jury rejected the defence of accident or self-impalement. She highlighted that Mahon committed the offence while subject to a suspended sentence for a minor offence and had disposed of the weapon. The appeal panel, comprising Mr Justice Michael Peart, Mr Justice George Birmingham, and Mr Justice Alan Mahon, reserved their judgment. Consequently, the matter was adjourned, and the outcome of the appeal remains pending.
The Court of Appeal has reserved judgment in an appeal brought by Gary Flynn, who was convicted of the 2009 gangland murder of Seamus Shay O'Byrne in Tallaght. Flynn, who pleaded not guilty at the Central Criminal Court, received a mandatory life sentence in 2016. He is the third person jailed for the crime, following the convictions of Garrett O'Brien, the gunman, and Eugene Cullen, who organised the murder and later died in custody. Flynn's counsel argued that the seizure of mobile phone data was disproportionate and violated human rights laws, claiming gardaí indiscriminately collected devices without adequate justification. Defence also contended that the trial judge failed to properly direct the jury regarding gunshot residue evidence and the prosecution's failure to prove Flynn's knowledge of the killing plan. The Director of Public Prosecutions countered that the phones were linked to the crime and that privacy rights do not extend to devices used for murder. The three-judge panel, comprising Mr Justice Birmingham, Mr Justice Mahon, and Mr Justice Hedigan, heard the arguments and reserved their decision. The matter remains adjourned pending the court's final ruling on the admissibility of evidence and the trial judge's directions.
Gary Flynn, aged 32, of Rossfield Drive, Tallaght, was convicted of murder for the killing of Seamus Shay O'Byrne at the victim's home on 13 March 2009. The trial lasted nine weeks, with the judge's summary lasting nine hours. The jury found Flynn guilty after one hour and forty minutes, and he received a mandatory life sentence on 16 March 2016. Flynn has now lodged an appeal on several grounds, including the admissibility of evidence and the judge's directions to the jury. His barrister, Giollaíosa Ó Lideadha SC, argued that the judge failed to give adequate directions regarding the legal test for key propositions, such as the possibility of innocent gunshot residue contamination and the prosecution's failure to prove beyond a reasonable doubt that Flynn knew of a plan to kill or cause serious injury. The appeal is before Justices George Birmingham, Alan Mahon and John Hedigan. The unnamed man pleaded not guilty.
A man formerly of Bohea, County Mayo has appealed his conviction for sexual offences committed in the 1990s. John Gannon, aged 73, was found guilty at the Central Criminal Court of indecent assault, sexual assault, rape, and attempted rape following a jury trial. He was sentenced to thirteen years imprisonment, with the final five years suspended, in October 2015. Gannon's legal representatives argued before the Court of Appeal that the trial should have been restarted following an outburst by the complainant during cross-examination, during which the witness spat at the defendant. Counsel submitted the incident was calculated rather than merely emotional and that it constituted an attempt to influence the jury, warranting discharge and retrial. The prosecution contended the trial judge had appropriately cautioned the jury and that no factual basis existed for discharge on emotional grounds alone. The Court of Appeal, comprising three judges, reserved judgement on four grounds of appeal. John Gannon pleaded not guilty.
The High Court heard concerns over whether Liam Campbell would receive a fair trial if surrendered to Lithuania. Liam Campbell (54) was arrested in Upper Faughart, Dundalk, Co Louth, on December 2nd, 2016, under a European Arrest Warrant issued by Lithuanian authorities. The warrant alleges that Campbell organised the smuggling of weapons in support of the Real IRA (RIRA) between the end of 2006 and the beginning of 2007. Remy Farrell SC, representing Campbell, raised objections to his surrender, citing concerns over potential pre-trial detention, the possibility of a trial not occurring, and the fairness of a trial in Lithuania, particularly regarding translation issues. An affidavit by Liam Campbell's brother, Michael Campbell, was presented. In 2011, Michael Campbell was found guilty of aiding a terrorist group and possessing arms in a Lithuanian court and sentenced to 12 years in prison. However, in 2013, an appeals court overturned the conviction, and a retrial was ordered by Lithuania's Supreme Court in 2014. Michael Campbell claimed his right to a fair trial was breached due to not receiving an English translation of the book of evidence and being provided with incomplete translations. The court also heard that Michael Campbell was asked to sign documents he did not understand and had concerns about the independence of the translators. Remy Farrell also raised concerns about prison conditions in Lithuania, including sanitation, visitation rights, and overcrowding. Patrick McGrath SC, counsel for the Minister for Justice, stated that a central question was whether there was an intention to charge and try Liam Campbell at the time of the warrant's issuance. The hearing continues tomorrow in front of Ms Justice Aileen Donnelly.
Wayne Dundon (39) and Nathan Killeen (27) had their convictions for the murder of Roy Collins (35) upheld by the Court of Appeal on 19 October 2017. Collins, a father of two engaged to be married, was shot at Coin Castle Amusements on 9 April 2009 and died in hospital. The Special Criminal Court had found Dundon had ordered the murder from prison and Killeen was the getaway driver for gunman James Dillon, giving both men mandatory life sentences. In the appeal, Mr Justice George Birmingham, joined by Mr Justice Alan Mahon and Mr Justice John Edwards, dismissed the appeals, stating the trial court had been satisfied that it was legitimately open to convict Dundon on the evidence of Anthony "Noddy" McCarthy, a civilian witness who claimed to have heard Dundon order the killing. The court noted that the evidence of other witnesses was peripheral or uncorroborated. Wayne Dundon pleaded not guilty. Nathan Killeen pleaded not guilty.
The Court of Appeal ruled it would not interfere with a jury verdict that found a 46‑year‑old man guilty of raping and sexually assaulting his former partners' daughters between 1992 and 1997. The Central Criminal Court jury had convicted him of rape and multiple counts of sexual assault, most involving the youngest sister when she was aged 12‑14. He had denied the charges. He was sentenced to nine years' imprisonment on 28 July 2015. In his appeal, his barrister invoked the UK case Queen v Cooper, arguing that a "lurking doubt" could justify overturning the conviction. Judge John Hedigan rejected that test, stating that concepts such as "lurking doubt" or a "gut feeling" do not apply in Ireland. He found the complainants' evidence credible and dismissed the appeal, affirming the jury's verdict. The sisters had only learned of the abuse in 2010, and formal complaints were made in 2012.
In a case heard by the Court of Appeal, Slovakian national Jakub Jesenak, aged 31, was found guilty of assault causing harm and threatening to kill his pregnant partner in front of their 20‑month‑old daughter. The original sentence of three years imprisonment, with the final year suspended, was imposed by Judge Pauline Codd on 5 May 2017. The Court of Appeal upheld the sentence, ruling that it was not too severe. The offence occurred on 12 June 2016 at the couple's former home in Dublin. Jesenak had been drinking and, after his partner returned from a baby market, he grabbed her arm, punched her face, pulled her hair, threatened to kill her, and attempted to strangle her. Gardaí were called, Jesenak was arrested, and he has had no contact with the victim since being granted High Court bail. The victim suffered bruising, cuts to her face and legs, but the baby was delivered healthy.
Marta Herda, a 30‑year‑old Polish waitress, was convicted of murder after she drove a Volkswagen Passat into the harbour at Arklow on 26 March 2013, causing the drowning of 31‑year‑old Hungarian passenger Csaba Orsos. The Central Criminal Court found her guilty and imposed a mandatory life sentence on 28 July 2016. Herda had pleaded not guilty, arguing that the drive into the water was accidental and that she had no intent to kill. She appealed on 17 grounds, including recklessness, the nature of the driving, assault manslaughter, alleged confessions and the judge's charge to the jury. The Court of Appeal dismissed all grounds, ruling that the trial judge's instructions were clear and that the evidence supported a finding of murder. Herda was described as a Polish national who had lived in Ireland since age 19 and had a limited command of English.
An 83‑year‑old convicted paedophile, whose name is withheld to protect the victim, appealed his 2016 conviction for raping an 11‑year‑old niece in County Clare in August 1971. He had been found guilty by a Central Criminal Court jury and sentenced to seven years imprisonment by Ms Justice Margaret Heneghan. The appeal argued that the trial judge's refusal to adjourn after the prosecution's case closed caused prejudice due to the delay, as the alleged victim's then‑girlfriend—who had been a key witness—had died in 2008. Mr Delaney SC contended that her absence prevented the defence from challenging the prosecution's narrative and that the judge's instructions to the jury were flawed. Counsel for the Director of Public Prosecutions countered that the deceased witness had left no means of communication and that the evidence did not support a claim of unfairness. The court has reserved judgment.
Martin Stokes, aged 37, pleaded guilty to aggravated burglary, false imprisonment and assault with intent to commit an indictable offence after violently breaking into the home of his estranged partner Geraldine Cummins and her son. He entered the house at 2.40am, grabbed Cummins by the neck, pressed a sharp object into her throat and threatened to kill her and her unborn child unless she returned to him. Cummins, who was five months pregnant, was dragged into the kitchen and held with a knife. The mother, aunt and two children escaped and called for help; two men wrestled Stokes to the ground. Cummins' victim impact statement described lasting trauma, especially for her young son. Stokes was sentenced to eight years' imprisonment, with the final 15 months suspended after the Court of Appeal considered his progress toward rehabilitation while in custody. The suspended period requires a good‑behaviour bond for three years post‑release.
Ibrahim Lawel, a 36‑year‑old Nigerian resident of Marina Court, Athy, pleaded guilty in Naas Circuit Criminal Court on 25 May 2011 to possession of cocaine for sale or supply in County Kildare. The cocaine, worth €1.4 million, had been delivered in a green bag marked "Diplomatic Mail" and falsely addressed to a fictitious South African consul, Tony Tuto, at his own address. Lawel accepted the parcel, signed for it, and later left the premises in his car. He claimed he was unaware of the drugs and had signed as a favour for a friend, a plea based on recklessness. The original 10‑year sentence, with the final three years suspended, was quashed by the Court of Appeal, which found the mitigating discount inadequate. Lawel was resentenced to six years imprisonment, with the final 18 months suspended, after the Court of Appeal reversed a prior discharge and reinstated the charge.
The Court of Appeal will review video recordings of a complainant's full evidence in a sexual assault case following an appeal by the convicted man. Fergus Carson, aged 55, of Main Street in Convoy, County Donegal, was convicted by jury in the Central Criminal Court last year of six counts of sexual assault of a girl at a relative's residence between May and September 2012. He received a five-year sentence with the final fifteen months suspended in March 2016. Carson's barrister argued on appeal that fairness and the right to confront the accuser were at issue, contending the complainant became unresponsive during cross-examination when questioned on inconsistencies in her account. The Director of Public Prosecutions' counsel submitted the cross-examination had been conducted professionally and the jury was fully aware of the witness's demeanour throughout. A three-judge panel comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Edwards reserved judgement pending review of the evidence recordings.
Michael McDonagh, 29, of Carna Road, Ballyfermot, pleaded guilty to robbing an Applegreen filling station in Ballyfermot on 25 July 2014 while on temporary release from prison. He was sentenced by Judge Patricia Ryan on 29 April 2016 to five years' imprisonment, with the final two years suspended and the final six months suspended, making a consecutive term of three years. McDonagh, who was 26 at the time of the robbery and had 126 previous convictions, was described by the court as having a very bad record and a long‑standing alcohol and drug problem. The robbery involved an accomplice who threatened a staff member with a knife and a knife was used by the accomplice. The pair stole €1,050. McDonagh appealed to the Court of Appeal, arguing the sentence was excessive and that the judge had not adequately considered his background and drug debt.
In 2012, Declan Tynan, 27, was convicted of violent disorder after a violent attack on a customer at a Ladbrokes bookmakers in Tallaght. The prosecution's case relied on a single witness and CCTV footage that identified Tynan. He was found guilty by a jury and sentenced to four years' imprisonment, with the final year suspended. In July 2017 the Court of Appeal upheld the conviction. Tynan's lawyers argued that a new witness had come forward, claiming a close resemblance to the attacker, and sought a bail application. The court rejected the appeal, stating that the lack of contemporaneous notes on the CCTV viewing did not create a statutory obligation to exclude the evidence. The case was remitted for one week, but no further action was taken. The appeal was dismissed by the Court of Appeal. Declan Tynan pleaded not guilty.