In August 2010, a Dublin man aged 79 was convicted by a Central Criminal Court jury of 87 counts of sexually assaulting and raping his two daughters, aged five to eleven, and assaulting his son, aged three to six, between 1997 and 2002. He denied the charges. Mr Justice George Birmingham sentenced him to life imprisonment on 4 October 2010 for the rape of his daughters and imposed additional determinate sentences for other offences. In October 2010 the Court of Appeal was informed that the man, who had appeared for his appeal, was too ill to attend the hearing. His appeal against conviction was dismissed in May 2011 by Mr Justice John Edwards, who described the trial as "satisfactory" and the conviction as "safe". The man died before he could appeal the severity of his life sentence, and the Court of Appeal struck out the appeal.
In a 2016 appeal, the Court of Appeal overturned a trial judge's decision to exclude evidence from mobile phone masts, which prosecutors had argued would create ongoing difficulties in criminal trials. The appeal, taken with prejudice, followed the directed acquittal of two men for an alleged historic crime; the identities and details of the alleged crime cannot be published as they are not currently charged. The judge had ruled the mast records inadmissible because there was no "appropriate authoritative evidence" describing the system's function for the relevant dates. The Court of Appeal, led by Mr Justice George Birmingham, found that the judge erred, noting that the data were reliable and that the prosecution had not sought precise locations but general directions. The court will consider whether a retrial is appropriate on July 21. The decision underscores that the exclusion of such evidence was incorrect and that the evidence was compelling.
Sean Flanagan, aged 31, was convicted of murdering Ger McMahon in January 2012 and sentenced to life imprisonment by Mr Justice Garrett Sheehan on 3 December 2013. The Central Criminal Court found that McMahon was attacked from behind while mounting the steps to his cousin's house on Lenihan Avenue, suffering 16 wounds that fatally damaged his lung, liver and kidney. The trial noted that Flanagan and McMahon had a shared ex‑girlfriend and did not get along. Flanagan's appeal against conviction was dismissed by Mr Justice Alan Mahon on 14 June 2016. Mahon found no evidence that the house was McMahon's residence, that the gardaí were lawfully invited, and that Flanagan's constitutional rights were breached. He upheld the trial judge's rulings as reasonable and correct. Flanagan's uncle, Paul Colbert, 49, was also found guilty of the murder, while his brother, Ian Flanagan, 27, was convicted of assisting an offender by hiding a CCTV device. Sean Flanagan pleaded not guilty. Ian Flanagan pleaded not guilty.
A man from Clare has appealed an 18-year prison sentence imposed for the sexual abuse of a child over a three-year period. The 26-year-old, who cannot be named for legal reasons, pleaded guilty at the Central Criminal Court to sample counts of rape and sexual assault of a girl between 2009 and 2012. The sentence, which included a five-year suspension, was handed down in July 2015. During the appeal hearing at the Court of Appeal, the defendant's counsel referenced a comparable case from Roscommon, arguing that the headline sentence was disproportionate when compared to similar convictions. The counsel submitted that an appropriate sentence range for such offending would be between ten and twelve years, particularly given the guilty plea entered. The Director of Public Prosecutions' counsel countered that the sentencing judge had correctly placed the case in the highest category, citing the severe and lasting impact on the victim. The Court of Appeal reserved judgement on the appeal.
A 66‑year‑old man who had pleaded guilty to three counts of sexual assault against his niece, aged five, six and eight between 2003 and 2006, was originally given a wholly suspended five‑year sentence by Judge Thomas Teehan on 17 December 2015. Prosecutors appealed, and the Court of Appeal, led by Mr Justice George Birmingham, resentenced him to five years' imprisonment with the final four years suspended. The judge described the assaults as involving rubbing the victim's private parts inside her underwear when she was five, forced masturbation when she was six, and digital penetration when she was eight. He noted the victim's powerful impact report and the family's distress. The court acknowledged mitigating factors such as the man's early plea, good character, and remorse, but concluded that custodial time was necessary. The man was ordered to serve the custodial portion of his sentence and to comply with a good‑behaviour bond and restrictions on contact with minors.
Patrick Sherlock, 47, of Droim Chaoin, Galway, pleaded guilty to assault causing harm to another man on 25 March 2012. He was originally sentenced to four years' imprisonment with the last 12 months suspended. On appeal, the Court of Appeal found that the judge had not given sufficient weight to mitigating factors. Mr Justice Alan Mahon noted that Sherlock had not armed himself with the carjack used in the assault and that the incident was a single blow. He also highlighted Sherlock's efforts to mediate a serious Traveller feud, which had been a concern for the community and Gardaí. The appeal court therefore reduced the sentence to three years' imprisonment with the final nine months suspended, citing the mitigating circumstances and the nature of the assault.
The Court of Appeal has reserved judgment on whether a consecutive sentence can commence earlier when the sentence it follows is under appeal. The case involves a man convicted in Carlow District Court of assault causing harm in January 2016 and sentenced to nine months imprisonment. In April 2016, while still in custody for that sentence, he was convicted in Athlone District Court of driving without insurance and sentenced to three months imprisonment consecutive to the Carlow sentence. He appealed the first sentence and was released on his own bond, but remains in custody under the second sentence, which he argues is illegal because the warrant states the three‑month sentence should only take effect after the nine‑month sentence has legally expired, which is pending appeal. His lawyers filed an Article 40 application for immediate release; Mr Justice Michael White upheld the detention, stating the three‑month sentence was "certain" and must be served unless appealed.
Amy McAuley, 26, pleaded guilty in 2015 to stealing €132,355 from Nordzucker Ireland Ltd between July 2013 and February 2014. Judge Patrick McCartan imposed a wholly suspended two‑year sentence, requiring her to stay out of trouble and make full restitution within ten years. The Court of Appeal upheld this sentence, rejecting the Director of Public Prosecutions' appeal that it was unduly lenient. The appeal cited the ingenuity of the theft, its connection to a prior €90,000 theft that had been fully repaid, and the significant breach of trust. The court noted McAuley's youth, self‑reporting, early guilty plea, remorse, partial restitution, and her status as an accomplished musician. It modified the repayment schedule, setting 30 % of the debt due within five years, another 30 % within seven‑and‑a‑half years, and the balance by ten years, with €30,000 already paid and €102,000 outstanding.
A man with 96 previous convictions has failed in his appeal against a sentence for criminal damage imposed at Castlebar Circuit Criminal Court. Anthony Foody, aged 37, from Greenhills Estate in Ballina, Co Mayo, pleaded guilty to criminal damage at a house in Ballina on 19 May 2015. He was sentenced to three years imprisonment with the final 18 months suspended by Judge Rory McCabe on 29 October 2015. The Court of Appeal dismissed his appeal against sentence on 9 June 2016, with the three-judge court finding the term imposed fell within the discretion of the trial judge. The court noted Foody's extensive criminal history and poor rehabilitation prospects. Justice Alan Mahon observed that the suspended portion of the sentence was designed as an incentive for reform. The appeal was dismissed without error identified in principle.
A man convicted of breaching sex offender notification requirements has failed in his appeal against conviction at the Court of Appeal. Ian Bissett was found guilty by jury at Dublin Circuit Criminal Court in November 2014 of failing to notify gardaí of a changed address within seven days between July and August 2011, contrary to the Sex Offenders Act. He was sentenced to two years imprisonment. The Court of Appeal dismissed his appeal on all grounds today. Mr Justice Alan Mahon, sitting with Mr Justice George Birmingham and Mr Justice John Edwards, rejected arguments that hostel records admitted as evidence breached hearsay rules, finding they were maintained for ordinary business purposes. The court also found no merit in submissions that Bissett had not been expressly informed that breaching notification requirements carried criminal penalties. Bissett is due for release from custody in August.
Anthony Kelleher, 42, of Macroom, Cork, was found guilty of assault causing serious harm to his wife Siobhán on 12 June 2014 and sentenced to eight years in prison by Judge Seán Ó Donnabháin in May 2016. He pleaded not guilty and his wife refused to testify against him. Kelleher applied for bail pending an appeal, but the Court of Appeal, presided over by Mr Justice George Birmingham, declined to grant bail because the State had not provided any grounds for it. The court set a hearing for 29 July and ordered the expedited preparation of trial transcripts. Kelleher's appeal will focus on the use of section 16 statements and the judge's directions to the jury. The State will have two weeks to respond after Kelleher files his submissions. His sister, who travelled from Bantry, offered surety for a potential bail.
In a 2016 High Court decision, the State agreed to pay costs for a challenge to the validity of breathalyser statements printed only in English. The case stemmed from a 2014 District Court hearing in which solicitor Michael Staines argued that the breath-test statement was not "duly completed" because it lacked an Irish-language version. Judge Colin Gibbons referred the matter to the High Court, where Justice Seamus Noonan ruled that the specimen must be supplied with two identical statements, one in Irish, and that a missing Irish half meant the evidence could not be admitted. The Court of Appeal later overturned this ruling, stating the omission was a matter of form, not substance. Justice John Edwards upheld the High Court's earlier award for costs in favour of Mr Avadenei, but made no order for appeal costs. The decision was noted as potentially affecting many drink‑driving prosecutions across the country.
Mary Cullen, an 82-year-old woman from Portland Row, Dublin, pleaded guilty at Dublin Circuit Criminal Court to 30 sample counts of falsely claiming social welfare, using false instruments, and possession of false instruments between 1987 and 2015. The charges relate to her claiming over €206,000 in social welfare payments using the identity of her partner's deceased wife, Mary Rose Hart. Judge Martin Nolan imposed a three-year suspended sentence. The judge noted that while the offence was reprehensible, he could not in good conscience jail an 82-year-old, stating that if Cullen were 20 years younger, she would likely face prison. He also remarked that he did not believe the Court of Appeal would overturn the suspended sentence if the Director of Public Prosecutions appealed it as too lenient. Cullen's defence counsel, Luigi Rea BL, cited her hard life and work history in mitigation. Garda Enda Connolly testified that he was asked to investigate suspicions of identity fraud and observed Cullen claiming payments under both her own name and the deceased's name. Cullen admitted to using the false identity at her partner's suggestion and stated she gave the extra money to him and later to a relative. The Department of Social Protection has since reduced her pension payments by €35 a week.
Michael Waters, a 44‑year‑old barrister, was convicted of assaulting Marian Wallace at the Busy Bees Creche in Stillorgan in January 2012. He pleaded not guilty at the Dublin Circuit Criminal Court, but a majority jury found him guilty and Judge Patricia Ryan imposed a three‑year suspended sentence on 2 July 2013. Waters has appealed the conviction and, in a motion before the Court of Appeal, sought to add new grounds. Justice John Edwards allowed only one ground, alleging the prosecution failed to disclose the complainant's statement, and rejected the rest.
In a Dublin Circuit Criminal Court case, 42‑year‑old Donna Hutch, who had 313 prior convictions, pleaded guilty to producing a syringe in the city on 15 May 2015. She was sentenced to 12 months' imprisonment on 18 June 2015. The Court of Appeal rejected the Director of Public Prosecutions' application to review the sentence, citing that it was "unduly lenient". Hutch's offence involved an attempt to stab Garda John O'Donovan with a syringe needle on Amiens Street. Garda O'Donovan saw her shouting, falling, and holding a syringe with blood on it; Hutch struck out with her right hand, but a member of the public intervened and Hutch dropped the syringe. She later swallowed the barrel of the syringe. Hutch claimed she was hallucinating after ingesting crystal methamphetamine and had no intention to harm anyone.
Dave Mahon, the appellant, has confirmed he will not appeal the manslaughter verdict regarding the death of Dean Fitzpatrick. Mahon, 45, was found guilty of killing his partner's son, who received a fatal stab wound to the abdomen outside their shared apartment in Northern Cross on May 26, 2013. He had pleaded not guilty to the initial charge of murder but was cleared of that count. During the sentencing hearing, Ms Justice Heneghan heard three victim impact statements from Dean's father, Christopher Fitzpatrick; his partner, Sarah O'Rourke; and his mother, Audrey Mahon. The court also noted that Mahon had previously received a four-month suspended sentence for dangerous, drunk, and careless driving, which was active at the time of the killing. Defense counsel Sean Guerin SC argued that Mahon accepted the jury's verdict and that the case represented involuntary manslaughter at the bottom of the culpability scale. He also highlighted Mahon's medical issues, including hip replacements. Prosecution counsel Remy Farrell SC presented the victim impact statements. Ms Justice Heneghan stated she would hand down sentence on June 13th and remanded Mahon in custody until that date. The matter was adjourned for sentencing.
Noel Smith otherwise Smyth, 53, of Manomolin, Gorey, was convicted of harassment, making an unwarranted demand with menaces and money laundering between April and June 2009. He pleaded not guilty at Wicklow Circuit Criminal Court, was found guilty by a jury and sentenced to nine years' imprisonment, with the final three years suspended by Judge Gerard Giffin on 7 April 2014. The prosecution argued that a named individual received drugs from Smith about fifteen times and was pressured by Smith to pay for them; the individual had gone to his mother for money in summer 2008 and entered rehab in March 2009. Smith's appeal was dismissed by the Court of Appeal, which found the trial satisfactory and the conviction safe. The appeal was rejected on grounds including telephone records, search warrants and the alleged hoax bomb device found under a mother‑of‑three's car in June 2009.
The Court of Appeal has dismissed the appeals of brothers Wayne and John Dundon against their convictions for making threats to kill. Wayne Dundon (37) was found guilty by the Special Criminal Court in 2012 of threatening Alice Collins that he would kill or cause serious harm to her sons, Gareth and Jimmy Collins, on September 30, 2010. He was also convicted of intimidating potential prosecution witnesses Alice and April Collins to obstruct justice. John Dundon (33) was found guilty of threatening to kill April Collins on April 3, 2011. The Special Criminal Court sentenced Wayne to six years' imprisonment and John to five-and-a-half years on April 18, 2012. In its judgment, the Court of Appeal affirmed these convictions, rejecting arguments regarding the reliability of visual identification and the use of telephone transcripts. Mr Justice Birmingham noted that the trial judges were entitled to make findings of fact based on the evidence heard. The court also dismissed arguments concerning CCTV footage and the reliance on witness evidence from a separate trial. Wayne Dundon is currently serving a mandatory life sentence for the murder of Roy Collins in 2009, a charge to which he and co-accused Nathan Killeen pleaded not guilty before being found guilty by the Special Criminal Court. The brothers were led away to continue serving their prison sentences following the dismissal of their appeals.
A Donegal man convicted of falsely imprisoning and assaulting his partner has avoided a return to custody despite the Court of Appeal finding his original sentence unduly lenient. Brian McLaughlin, 23, from Buncrana, had pleaded guilty to assaulting and falsely imprisoning his partner at their home on 20 October 2013. He received three years imprisonment with the final two-and-a-half years suspended at Letterkenny Circuit Criminal Court in July 2015. The Director of Public Prosecutions successfully challenged the sentence as unduly lenient. Mr Justice Garrett Sheehan noted the severity of the offence, including McLaughlin's possession of a kitchen knife while gardaí remained outside and the victim's fear for her life. However, the court found that McLaughlin's progress since release—including engagement with probation services, psychiatric treatment, and abstinence from drugs—meant re-imprisonment would not serve society's interests. The Court of Appeal re-sentenced him to three years with the balance suspended, subject to strict conditions and no contact with the injured party.
Neil Kelly, 41, pleaded guilty to criminal damage for setting fire to Garda Áine Troy's car at Scarriff Garda Station on 19 March 2013. He received a wholly suspended three‑year sentence from Judge Gerard Keyes on 1 May 2015. The Court of Appeal rejected the Director of Public Prosecutions' appeal that the sentence was "unduly lenient". Judge Garrett Sheehan noted the case was "borderline" but the suspended sentence fell within the margin of appreciation. He described how Kelly intervened to stop his co‑accused from abusing Garda Troy, who had seized a vehicle for lacking insurance. Kelly paid €6,000 compensation and expressed remorse. The court found the offence an attack on the rule of law, yet mitigation factors justified the suspended sentence. The appeal was dismissed.
A 46‑year‑old man was convicted of 18 counts of sexual assault against three women, with offences dated between 1997 and 2009. He pleaded not guilty and was found guilty by a jury at Wexford Circuit Criminal Court, receiving a three‑year prison sentence from Judge Alice Doyle on 10 June 2015. His barrister, Rosario Boyle SC, has lodged an appeal on several grounds, arguing that the trial judge failed to draw the jury's attention to key evidence. Boyle contends that one complainant admitted the abuse began in early 1999 and that the alleged abuse occurred in view of a nearby hatch, and that the jury should have considered whether abuse was likely under those circumstances. She also points to inconsistencies in the complainants' statements and a failure to inform the jury of prior allegations.
Thomas "Slab" Murphy, 66, was convicted by a non‑jury Special Criminal Court of nine tax‑evasion offences for failing to file returns on income, profits or gains from 1996 to 2004. The court found he owed €189,964 in tax and that the Cab's assessment of his tax bill was €5,344,157. Evidence included a March 2006 search of an outhouse on the border with Northern Ireland, where investigators seized documents, ledgers, cash worth €256,235, £111,185, uncashed cheques worth €579,000, £80,000 and €24,000, and evidence of cattle purchases and sales totalling over €700,000. Murphy's defence claimed his brother Patrick controlled the farming activities. He was sentenced to 18 months' imprisonment on 26 February. In March, his counsel filed a 47‑ground appeal, seeking a provisional hearing in November, and also challenged the sentence's severity. The Court of Appeal set a provisional hearing for 22 November, to be confirmed in June. The unnamed 66-year-old pleaded not guilty.
A man convicted of leading a jewellery store robbery in Castleblayney has had his prison sentence reduced on appeal. Moise Rostas, aged 25, pleaded guilty at Monaghan Circuit Criminal Court to stealing €20,000 worth of jewellery from McGuigan's Jewellers on Main Street on 28 December 2012. He was sentenced to three years imprisonment in January 2016. The Court of Appeal reduced his term, suspending the final nine months subject to payment of €5,000 compensation. Mr Justice Alan Mahon found the sentencing judge erred by suggesting the shopowner and employee were present during the theft, when they had not been. The judge noted Rostas had no previous convictions and was already demonstrating rehabilitation in custody. The Court of Appeal imposed a two-year good behaviour bond on release. The jewellery was never recovered. Following the robbery, the business subsequently closed.
In a 2016 court hearing, the Court of Appeal dismissed the appeal of Darren Canning, a 36‑year‑old former Luas driver, who had pleaded guilty to burglary at an apartment block in Tallaght on 1 March 2015. Canning had been sentenced to three years' imprisonment by Judge Martin Nolan on 27 July 2015. The appeal was rejected because the Court of Appeal held that the jail term could not be deemed excessive. The case was presented as a "public service" by the Luas driver who, after seeing Canning smash a ground‑floor window, alerted her controller and prompted Gardaí to intervene. During the arrest, pepper spray was used and Canning was found with a camera, mobile phone, jewellery and two cans of beer. The judge noted Canning's 67 prior convictions, including 18 for burglary, and his long‑standing heroin addiction, but also his early engagement with rehabilitation services.
In 2010, a 78‑year‑old Dublin man was convicted by a Central Criminal Court jury of 87 counts of sexual assault and rape of his two daughters, aged five to eleven, and of assaulting his son, aged three to six, between 1997 and 2002. He denied the charges. Mr Justice George Birmingham sentenced him to life imprisonment for the rape of his daughters and imposed additional determinate sentences for other offences. In October 2016, the Court of Appeal dismissed his appeal on all grounds. Mr Justice John Edwards, sitting with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon, found the trial satisfactory and the conviction safe. The appeal was dismissed after the appellant was too ill to attend the hearing, and his appeal against sentence was scheduled for June 16. The case had originally involved 113 counts, with the jury acquitting on two, failing to agree on seven, and returning not‑guilty verdicts on 17 further counts.
Bryan Ryan (31) of Louisburgh, Co. Mayo, has had his appeal against conviction for murder dismissed by the Court of Appeal. Ryan was convicted in 2013 of the murder of Ian Tobin at Fortlawn Park, Blanchardstown, on May 27, 2007. A jury at the Central Criminal Court returned a majority guilty verdict, and the mandatory life sentence was imposed in March 2013. Ryan's legal team had argued that gardaí possessed "an agenda" to obtain a confession and that admissions made during garda interviews should have been excluded from evidence. Mr Justice George Birmingham, delivering judgment today alongside two other judges, found the trial judge was best positioned to assess these matters and had properly viewed all video evidence. The court upheld the trial judge's findings that Ryan was not oppressed and admissions were not involuntary. The Court of Appeal affirmed the conviction as safe and rejected all grounds of appeal.
Breffni O'Rourke, aged 67 and living in Ferrybank, Waterford, was convicted in 2012 of indecently assaulting a nine‑year‑old girl in his home in 1987. He had pleaded not guilty at the Dublin Circuit Criminal Court. The jury found him guilty and Judge Desmond Hogan sentenced him to two years' imprisonment, with the final 12 months suspended. O'Rourke appealed the conviction, but the Court of Appeal dismissed the appeal on several grounds. Justice Garrett Sheehan, sitting with Justices Alan Mahon and John Edwards, noted that O'Rourke was single and lived alone in a cottage, worked in credit control, and gave music lessons. He had begun teaching the victim in 1985, later moving lessons to his home. The court found the evidence of a 1992 meeting and subsequent complaints credible, and concluded that any alleged prejudice was minimal. The appeal was rejected.
An ex‑soldier aged 42 was found guilty by a military court of sexual assault and four counts of conduct contrary to good order and discipline at Aiken Barracks, Dundalk, on 30 October 2013. The conviction was delivered by a board of Defence Force members and a Military Judge, Colonel Michael Campion, who imposed penalties ranging from fines to detention and discharge. The case arose after a Military Police member entered the gym sauna and was told by the soldier that advance notice was required. She later claimed he followed her into the women's shower and that she felt threatened. She had made handwritten notes of the incident, which were allegedly shredded and not presented to the defence. The soldier's barrister, Roderick O'Hanlon SC, argued that the notes were destroyed, depriving the defence of evidence. The soldier has now opened an appeal, and the court has reserved judgment on the matter.
In a 2016 Court of Appeal decision, the appeal of Michael Harty, aged 31, was dismissed. Harty had been convicted of dangerous driving that caused the deaths of Maurice Hartnett (61) and Margaret Hartnett (59) in 2009 and received a five‑year sentence and a 30‑year driving ban. The appeal concerned whether Harty's consent was required for the Gardaí to obtain a toxicology report from Limerick University Hospital. The court held that the public interest in prosecuting a suspected serious crime outweighed Harty's right to privacy. It found that the Gardaí's request for the blood‑alcohol report was proportionate and that Harty's consent was not necessary. The appeal was therefore dismissed by Justice Garrett Sheehan, sitting with Justices George Birmingham and John Edwards. The decision reaffirmed that the need for evidence in serious criminal cases can override an individual's privacy rights. Michael Harty pleaded not guilty.
Jonathan O'Sullivan, 36, of Barrett's Building, Cork, was convicted of burglary at a city address on 22 July 2013. After a two‑day trial, a jury found him guilty and Judge Seán Ó Donnabháin sentenced him to three years' imprisonment on 27 July 2015. O'Sullivan appealed the conviction. The Court of Appeal, sitting with Justices Garrett Sheehan, George Birmingham and Alan Mahon, dismissed the appeal. Justice Sheehan held that the prosecution was not required to notify the defence of rebuttal evidence before the trial. The prosecution's case relied mainly on the occupier's testimony, who saw O'Sullivan in her kitchen at about 7.40 am, claimed he had taken €100 and had gone through bags and jackets, and later identified him in a formal parade. O'Sullivan's alibi that he was in Little Island with his girlfriend was rebutted by evidence placing him at his mother's house at the same time. Jonathan O'Sullivan pleaded not guilty.
In a 2016 Court of Appeal decision, the appeal court overturned a District Court ruling that had declared breathalyser statements printed only in English invalid. The case stemmed from a 2014 prosecution of 29‑year‑old Mihai Avadenei in Swords, Co. Dublin, where the Evidenzer Irl breathalyser produced two identical statements—one in English and one in Irish—for the suspect and a Garda to sign. The District Court judge, Colin Gibbons, held that the absence of the Irish half meant the document was not "duly completed" and could not be admitted as evidence. The Court of Appeal, led by Justice John Edwards, found that the omission was a procedural formality, not a substantive defect, citing Section 12 of the Interpretation Act 2005. The appeal was allowed, affirming that the statements were in the prescribed form and thus admissible, and the court will later consider costs.
The Court of Appeal has provisionally fixed October 28 for two sets of proceedings concerning Ali Charaf Damache, an Irish-Algerian citizen wanted by US authorities on international terrorism charges. The Attorney General is appealing the High Court's May refusal to order Damache's surrender, a decision based on Justice Aileen Donnelly's finding of a real risk of inhuman or degrading treatment in the USA. Although Damache's barrister, Mark Lynam BL, stated that Damache is currently undergoing extradition proceedings in Spain following his arrest there, the Director of Public Prosecutions intends to proceed with the appeal. Simultaneously, Damache is appealing the severity of his sentence for sending a menacing phone call to Majed Moughni in January 2010. Damache initially pleaded not guilty at Waterford Circuit Criminal Court but pleaded guilty on the sixth day of his trial. He was sentenced to four years' imprisonment, with the final 12 months suspended, by Judge Donagh McDonagh on February 27, 2013. The State has argued this sentence appeal is moot given the extradition developments. Justice George Birmingham agreed to hear all matters on the same date. The US alleges Damache conspired with Colleen LaRose, known as "Jihad Jane," to create a terror cell and facilitate identity theft for Al Qaeda members. LaRose was jailed for ten years in 2014 for a plot to murder cartoonist Lars Vilks. If convicted in the US, Damache faces up to 45 years in prison.
A man convicted of aggravated burglary at Ballymahon, County Longford has appealed his conviction in the Court of Appeal, arguing that gardaí unlawfully retained his DNA sample beyond a statutory 12-month period before he was charged. Eamon Murphy, aged 48, had pleaded not guilty at Longford Circuit Criminal Court to the offence at An Draigheann on July 3, 2011. He was convicted and sentenced to ten years imprisonment with the final three years suspended in October 2015. A forensic buccal swab was taken from Murphy in November 2011 following his arrest, but no court application was made to retain the sample within the required timeframe. He was not charged until January 2013. Murphy's barrister submitted that retention beyond the deadline constituted a breach of his constitutional right to privacy under section 4 of the Criminal Justice (Forensic Evidence) Act 1990. The Director of Public Prosecutions argued the DNA profile itself was not private information. The Court of Appeal reserved judgement.
In 2010, 30‑year‑old Shane Millea stabbed his cousin Paul Harris to death with a flick knife. He pleaded guilty to manslaughter and was originally sentenced to ten years, with two years suspended, on the condition he never possessed a knife again. Millea appealed in 2014, arguing that his immediate remorse, staying at the scene, contacting emergency services and attempting CPR were mitigating factors. The Court of Appeal agreed, reducing the sentence to eight years with the final three years suspended. The court noted that Millea had acted in self‑defence after Harris attacked him with an axe handle, and that the offence was not at the upper end of the scale. The appeal court set aside the original ten‑year sentence and imposed the revised eight‑year term with a suspended portion, subject to good behaviour for four years. The decision was made without reference to any subsequent developments.
Jonathan Fitzgerald, 26, of Limerick, has lodged an appeal against his life sentence for the 2006 murder of Noel Crawford, a father of six, which occurred on Crawford's 40th birthday. The Central Criminal Court found Fitzgerald guilty of the shooting, a case of mistaken identity, and imposed a mandatory life term on 9 February 2011. In the Court of Appeal, his barrister Hugh Hartnett SC argues that the trial judge failed to treat prosecution witness Laura Kelly as an accomplice and to warn the jury about the dangers of convicting on her evidence. Hartnett contends that Kelly's testimony, alongside that of her partner Jonathan Kiely, was the sole evidence and that Kelly should have been on the same footing as Kiely. The Director of Public Prosecutions, Kerida Naidoo SC, counters that the judge had warned the jury of potential self‑serving motives in Kelly's testimony and that the evidence against Fitzgerald was strong. Jonathan Fitzgerald pleaded not guilty.
Kenneth Collopy, aged 25, was convicted of murdering 25‑year‑old Daniel Fitzgerald in 2009 and sentenced to life imprisonment. Collopy pleaded not guilty, claiming he had mistakenly fired at a caravan in revenge for an arson attack on his mother's van, and that he intended only to shoot at the mobile home, unaware of any victim. He admitted killing Fitzgerald but maintained he had no intent to kill. The jury found him guilty of murder and the judge imposed a mandatory life sentence. Collopy appealed, arguing the jury's verdict was perverse, citing the inclusion of a video statement from a witness, David Bussoli, and questioning whether Bussoli and Christopher Mulqueen were accomplices. The Court of Appeal dismissed the appeal on all grounds, affirming the trial judge's decisions, the use of the video statement, and the jury's verdict. Collopy was taken away to continue serving his life sentence.
In a 2016 appeal, the Court of Appeal reserved judgment on the conviction of Andrew Gibney, 23, who was found guilty of murder for stabbing Gerard Burnett, 28, in 2012. Gibney had pleaded not guilty but accepted moral and legal guilt, while his counsel argued a miscarriage of justice, citing a UK Supreme Court ruling on joint enterprise that clarified the limits of moral guilt for participants in escalated crimes. The appeal focused on Gibney's intent to harm but not kill, and whether the jury could have considered a partial defence. The Director of Public Prosecutions maintained that intent was a matter for the jury, and that Gibney's participation as a principal made the fatal wound unprovable but irrelevant. The court, presided over by Justices Birmingham, Sheeehan and Edwards, decided to reserve judgment on the case.
A 41‑year‑old man, whose identity is withheld to protect the victim, was convicted of 25 counts of sexual assault, one attempted buggery and one buggery against a boy in the midlands between February 1991 and February 1999. He was jailed for eight years by Judge Terence O'Sullivan on 8 May 2014. The Court of Appeal dismissed his appeal against conviction on all grounds. Justice Alan Mahon noted unusual features: the alleged victims were twin brothers, the offences occurred near their family home where the man worked as a labourer from the boy's age of seven, and only one brother was found guilty. The sexual activity did not involve threats or violence, and consensual activity occurred when the boy reached adulthood. Complaints were made 20 years after the assaults began and seven years after the consensual act in 2004. The court found the evidence sufficient for a jury verdict, and the appeal was dismissed. The unnamed 41-year-old pleaded not guilty.
The High Court has adjourned several prisoner applications pending clarification of orders following Mr Justice Michael Moriarty's judgment declaring provisions of Section 99 of the Criminal Justice Act 2006 unconstitutional. Mr Justice Seamus Noonan adjourned an Article 40 challenge by an unnamed man who pleaded guilty to road traffic offences, receiving a five-month sentence and a 30-year driving ban. This man, originally sentenced in 2010 to eight years for robbery and firearms charges with seven suspended, had his suspension activated in November 2014. The State argued he is validly detained as he did not appeal the road traffic convictions. In a separate case, Mr Justice Noonan adjourned a judicial review challenge by another unnamed man who pleaded guilty to offences under the Criminal Justice (Theft and Fraud Offences) Act. His 11-month suspended sentence, part of a two-year term for drug offences, was revoked by the District Court on April 14th last, resulting in his jailing. He remains in custody pending his appeal due to inability to provide bail lodgement. A third prisoner's Article 40 application was also adjourned. These delays await final orders from Mr Justice Moriarty, originally due May 5th, which will now be addressed next Wednesday to clarify the scope of the unconstitutionality ruling.
Gordon O'Rourke, 34, pleaded guilty to stealing almost €45,000 from his uncle's supermarket in Inverin on 30‑31 July 2012 and to making a false statement to gardaí. He had staged a fake abduction to justify the robbery. The Galway Circuit Criminal Court imposed a two‑year suspended sentence and 240 hours of community service. The Director of Public Prosecutions appealed, arguing the sentence was "unduly lenient". The Court of Appeal upheld the original sentence but added a €10,000 compensation payment to the injured party and required O'Rourke to pay within three years. He was also ordered to enter a good‑behaviour bond for three years. No custodial sentence was imposed, and the compensation was to be transferred to the State Solicitor for Galway. The case highlighted the court's focus on deterrence and the need for a clear punitive element.
Anthony O'Sullivan, 29, of Togher, Cork, had pleaded guilty to robbery and attempted robbery at a shop in Cork City on 13 January 2014. He was originally sentenced by Judge Seán Ó Donnabháin to five years' imprisonment, the final year suspended. On appeal, Judge Garrett Sheehan re‑sentenced him to four years' imprisonment, with the final year suspended. Sheehan noted that O'Sullivan entered the shop with a wheel brace and a scarf covering his face, shouted at the shop assistant for money, and when she refused, seized a purse from a nearby student. The items taken were worth €320. O'Sullivan, who had 423 prior convictions, was 28 at sentencing, lived with his father, was addicted to heroin, and was a father to a young child. The Court of Appeal found problems in the original sentencing process, including a lack of a proper summary of his criminal record and an unsatisfactory assessment of mitigating factors.
A 53‑year‑old Dublin man was sentenced to nine years' imprisonment on 12 January 2015 for the continued sexual abuse of his seven‑year‑old sister between 1983 and 1987. He pleaded not guilty to 16 counts of indecent assault at the family home. The conviction was obtained by a jury at the Dublin Circuit Criminal Court. On 19 April 2016 he lodged an appeal against the conviction. His barrister, Tara Burns SC, argued that the trial judge should have given a corroboration warning to the jury regarding the victim's evidence, claiming the judge's refusal was based on a "policy" of not giving such warnings in sexual cases. Burns cited discrepancies in the victim's evidence. The Director of Public Prosecutions, Roisín Lacey BL, defended the judge's practice as consistent with court dicta and said the lack of corroboration and discrepancies were matters for the jury.
Jerzy Broszczack, a 25‑year‑old Polish drug dealer, lost an appeal against a condition imposed by the Cork Circuit Criminal Court that he must depart Ireland upon release from a seven‑year sentence, of which three years were suspended. He pleaded guilty to possession of €18,000 worth of cannabis in Crookstown, Co Cork, and was sentenced on 4 November 2014. The Court of Appeal, led by Mr Justice John Edwards, rejected the appeal, citing evidence that Broszczack had no meaningful ties to Ireland, spoke mainly Polish, had no family in the country, and had been present for only eight months. The judge noted that the condition was reasonable and proportionate, and that Broszczack had voluntarily entered the bond. The appeal was dismissed on all grounds.
John Joe Synnott, a 60‑year‑old Garda from Camblin Hill, New Ross, was convicted in 2011 of deception and corruption related to an alleged car crash that never occurred. He pleaded not guilty to three charges concerning a reported traffic accident on 9 September 2007, but a jury found him guilty on all counts. The judge sentenced him to three years' imprisonment, suspending the final two years. Synnott had been the investigating officer who reported that an Audi A4 had collided with a parked Subaru Imprezza, leading AXA Insurance to pay €23,352. He admitted calling the Garda Information Service to report the accident and not attending the scene. In October 2011 he was granted bail pending an appeal, which was opened today on several grounds, including alleged misdirection of the jury and improper definition of "induced.".
Jordan O'Donovan, aged 20, pleaded guilty to assault causing serious harm after striking a man with a glass in the Savoy nightclub on 27 December 2013. He was sentenced by Cork Circuit Criminal Court to three years' imprisonment, with the final two years suspended. The Director of Public Prosecutions sought a review, arguing the sentence was unduly lenient, but the Court of Appeal rejected the application, finding the balance of the sentence was not so wrong as to be unduly lenient. Judge George Birmingham noted the assault resulted in a very serious eye injury to the victim, who had not fully recovered sight at sentencing. O'Donovan, an 18‑year‑old first‑time offender with no prior convictions, had shown genuine remorse and had engaged with Gardaí. The court upheld the original sentence, refusing the DPP's request for a review. The case highlighted the serious impact of glass‑assaults on victims.
In 2016 the Court of Appeal dismissed Brian Meehan's application to have his 1999 conviction for the murder of journalist Veronica Guerin declared a miscarriage of justice, ruling it an abuse of process. Meehan, 47, had sought to quash the conviction on the basis of alleged new evidence from the 2001 Special Criminal Court trial of John Gilligan, who was acquitted of Guerin's murder. The court found no new facts had emerged and that all material Meehan cited had been available since the Gilligan trial. It held that Meehan's attempt to revive arguments years later, without proper disclosure or new evidence, was unacceptable. The appeal was refused and Meehan remains serving a life sentence in Portlaoise prison. The decision was upheld by the panel of judges, including Justice George Birmingham. The family expressed relief at the outcome.
Patrick Keating, 51, who was jailed for life for the murder of Joe O'Brien in Waterford in 2013, has lodged an appeal against his conviction. Keating, who lived at Moyne House, Grattan Quay, Waterford, had pleaded not guilty to the 2012 murder at an apartment on William Street. The Central Criminal Court found him guilty and imposed a mandatory life sentence. In his appeal, Keating's counsel, Seán Guerin SC, argues that the trial judge effectively reversed the burden of proof by dismissing the prosecution's witness, Mr Anthony Marshall, whose testimony described Keating stomping and striking O'Brien's head with a dumbbell. Guerin contends that the judge's instructions undermined the defence's challenge to Marshall's evidence, which was not supported by medical findings. The Director of Public Prosecutions, John O'Kelly SC, maintains that the pathologist's evidence of severe head injuries and the absence of a skull fracture do not invalidate Marshall's testimony. The court will reserve judgment.
The Court of Appeal has reserved its judgment in the appeal by Joseph Warren, a Ballymun man convicted of conspiring to steal cash from Chubb Ireland at a Tesco supermarket in Cellbridge on November 2, 2007. Warren, who pleaded not guilty to the conspiracy charge, was sentenced to 14 years imprisonment in 2012, with the final three years suspended. He had previously pleaded guilty to possessing ammunition in Ballymun in 2009. His legal team argued the trial was unfair because the Director of Public Prosecutions allegedly "cleansed" the jury by excluding potential jurors from Cabra, Ballymun, and Finglas. Counsel Michael Bowman SC contended this was an unlawful, blanket ban that denied Warren a fair cross-section of peers, particularly given his defense of acting under duress. The DPP's counsel, Seán Guerin SC, countered that the exclusions were based on specific reasons or causes related to the gang's origins and the notoriety of a related shooting in Cabra, asserting that the remaining pool still provided a representative jury. The court, comprising Justices Birmingham, Sheehan, and Mahon, heard these submissions and indicated it would reserve judgment on the appeal.
Michael Collins, aged 34, has lodged an appeal against his conviction for the murder of Packie Hogan, aged 42, which occurred on 10 February 2011. Collins, who lives in Upper Kilmona, Grenagh, Co Cork, had pleaded not guilty to the murder, to possession of a rifle and to possession of ammunition with intent to endanger life. A Central Criminal Court jury found him guilty on all counts and he was sentenced to mandatory life imprisonment by Mr Justice Paul Carney on 29 November 2012. Collins now argues that the trial judge's directions to the jury on manslaughter were defective. He maintains that the shooting was accidental, that the firearm was defective and that he had no intention to kill, only to scare the deceased. The appeal is pending, with the court reserving judgment. The article does not report any further developments.
Liam McCann, 26, of Enniscorthy, pleaded guilty to false imprisonment, damage to a house and unlawful car removal on 11 August 2014. He was sentenced to three years' imprisonment, with the final six months suspended. McCann claimed he had been drinking and taking drugs for two or three days before the incident, and that he believed the British army and gardaí were after him. He allegedly entered the victim's home with a knife to his own throat, took a car, and fled across fields and a river before being arrested. The Court of Appeal heard that McCann was a first‑time offender with a good character record, had completed significant third‑level education, and had shown remorse. His appeal outcome is pending. The court reserved judgment.