In 2012, Gerard Stokes (33), David McDonagh (35) and James McDonagh (47) were convicted in Dundalk Circuit Court for extorting €57,000 from Niall Hearty on two occasions. A jury found them guilty on two counts each of demanding money with menaces. Stokes received an eight‑year sentence, David McDonagh ten years, and James McDonagh eight years. In 2014, the Criminal Court of Appeal reduced Stokes's and James McDonagh's sentences by two years each, and David McDonagh's by three years. The appeal court agreed with the defence that the trial judge had set the tariff too high, citing mitigating factors and remorse, while the prosecution maintained the original sentence was appropriate. The court found no error in the handling of the victim impact report. The reduced sentences were applied as the final outcome.
In 2014, a Limerick man, Adam Fitzgibbon, aged 20, was sentenced to fifteen years for an unprovoked, sustained, and vicious attack that left a 16‑year‑old schoolboy with permanent brain damage. CCTV showed Fitzgibbon delivering 65 kicks, 26 punches, and multiple stamps to the victim's head, chest, and body, continuing the assault after the boy had stopped moving. The Central Criminal Court accepted a plea of intentionally causing serious harm, and Mr Justice Paul Carney imposed a fifteen‑year sentence with the final three years suspended. On appeal, the Court of Criminal Appeal reduced the sentence to nine‑and‑a‑half years, citing mitigating factors such as Fitzgibbon's young age, difficult background, substance‑abuse history, and attempts to address these issues. The reduction was based on a sentencing analysis that placed the offence at the upper end of the range for similar cases.
In 2010 a man was convicted by a jury at the Central Criminal Court of rape, buggery and 44 counts of indecent assault against his two daughters, aged between five and eleven. He was sentenced to concurrent terms totalling two and a half years, two years of post‑release supervision and registration on the sex offenders' register. The daughters, who could not be named, described the abuse as devastating and called the father "evil." The man, now in his eighties and released from prison, maintains his innocence and claims his conviction is unsafe. He appealed to the Court of Criminal Appeal, which dismissed the appeal, and then sought to have the Supreme Court consider his case. The Supreme Court, sitting with three judges, found no point of law of exceptional public importance and refused to refer the appeal. The judges noted that other legal avenues remain available to the appellant.
The Supreme Court has dismissed Catherine Nevin's bid to appeal her conviction for murdering her husband, Tom Nevin, at Jack White's Inn near Brittas Bay, Co Wicklow, in 1996. Nevin, a 61-year-old who has always denied involvement, was jailed for life in 2000 and received a concurrent seven-year sentence for soliciting William McClean, Gerry Heapes, and John Jones to kill her husband in 1989 and 1990. Having previously lost an appeal in 2003 and a miscarriage of justice application in 2010, Nevin argued that the Court of Criminal Appeal incorrectly applied the rule against the contradiction of collateral matters regarding witness credibility. Her legal team contended that undisclosed garda "Suspect Antecedent History" forms, later revealed by journalist Niamh O'Connor, should have been available to the defence at trial. Mr Justice Adrian Hardiman, presiding, rejected this argument as a "fundamental and pretty radical misconception." He stated that the forms were not evidence but working papers, and that the disclosure via a newspaper leak did not entitle the defence to them retrospectively. The Court found the application contained "absolutely no points of any merit whatsoever" and dismissed it, noting the case had been entertained at "patient and perhaps excessive length."
In February 2011, Warren (40) and Jeffrey Dumbrell (34) were sentenced to life imprisonment for murdering 33‑year‑old Christopher Cawley outside his flat on 29 October 2006. The conviction was the second time a Central Criminal Court jury found them guilty after the original conviction was quashed in July 2010. The brothers had pleaded not guilty, and during the trial one of them reportedly told the victim's daughter, "Your Daddy's gone now." In 2014, the Court of Criminal Appeal rejected their appeal. The appeal argued that the judge had failed to properly direct the jury on internet research, the victim's violent history, and joint enterprise. The court held that the judge's directions were clear, the evidence of prior convictions was admissible, and the charge on joint enterprise was adequate. The appeal was dismissed, leaving the life sentences in place.
In 2014 the Court of Criminal Appeal dismissed a man's appeal against his 2010 conviction for indecent assault on his daughter. The man, whose name is withheld, had been out on bail since June 2010. He had been convicted by a jury of four counts of indecent assault committed in the early 1980s, including one on Halloween night in his car. The original sentence was six years, with the final three years suspended on conditions. The appeal argued that evidence presented to the jury was inadmissible, that inconsistencies in the prosecution's case made the conviction unsafe, and that the judge's charge to the jury was inadequate. The appeal court rejected all grounds, finding no error in the judge's charge or in the admissibility of the evidence. The man will now serve approximately two years in prison, including time off for remission. The unnamed man was acquitted.
The Court of Criminal Appeal has adjourned a re-hearing of an appeal against the undue leniency of a sentence imposed on businessman Anthony Lyons. Lyons, 53, was convicted at Dublin Circuit Criminal Court of attacking and sexually assaulting a then 27-year-old woman in October 2010. He had pleaded not guilty to the charges. In July 2012, Judge Desmond Hogan sentenced him to six years' imprisonment, with five-and-a-half years suspended, and ordered him to pay €75,000 in compensation. The Director of Public Prosecution submitted that this sentence was unduly lenient, arguing the suspension failed to reflect the gravity of the offence and its impact on the victim and society. Counsel for Lyons, Mr Patrick Gageby SC, countered that the consequences of the conviction, including significant reputational damage and media scrutiny, were severe. He stated that Lyons would "always be notorious" and highlighted the impact on his family and business. The court, noting the complexity of the matter, reserved its judgment. Mr Justice Murray indicated that the decision would be notified to all parties during the next court term, which begins on June 18. The matter remains pending and has not been finalised.
Catherine Nevin has applied to have her murder conviction appeal heard by the Supreme Court in July. The Court of Criminal Appeal confirmed a hearing on 7 July, expected to last one hour, and granted a production order for Nevin to present her case. Nevin, 61, was convicted in 2000 of murdering her husband Tom Nevin at Jack White's Inn near Brittas Bay, Co Wicklow, and also received a seven‑year sentence for soliciting men to kill him in 1989 and 1990. She has denied any involvement and lost a prior appeal in 2003.
In 2014 a Dublin man, Kevin Walsh, aged 25, was sent back to jail after the Court of Criminal Appeal activated nine months of the suspended portion of his eight‑year manslaughter sentence. Walsh had originally been convicted of killing 20‑year‑old James Burke in 2005 and received an eight‑year sentence with five years suspended. In 2007 the appeal court increased the suspended portion to three years. Walsh had been required to keep the peace, remain under probation supervision and abstain from drugs or alcohol. In 2011 he pleaded guilty to stealing pizzas worth €34, a breach of his bond. The judge noted Walsh's sporadic attendance at the Tallaght Probation Project and his regular drug use while there. The court deemed his failure to comply with the probationary conditions serious and therefore invoked nine months of the suspended sentence, remanding him to the Circuit Court. Kevin Walsh pleaded not guilty.
The Court of Criminal Appeal heard the Director of Public Prosecutions' concerns about the role of prosecution counsel at sentencing after three significant judgments in March. Thomas O'Malley, counsel for the DPP, argued that the court's view of prosecution's role had changed following the judgments in the cases of Adam Fitzgibbon, Kieran Ryan and a man sentenced to life for raping his daughters. In Fitzgibbon's case, the appeal court had ruled that the sentencing judge had not considered whether Fitzgibbon's severe background and substance problems made the case outside the usual drink‑or‑drug excuse. The court would consider prison progress reports and submissions from both sides before setting a new sentence. In Ryan's case, the court gave guidance on appropriate sentence ranges for firearms offences and factors to consider. The life‑sentence case reinforced the prosecution's duty to draw the judge's attention to relevant sentencing guidance and to indicate the effect of mitigation arguments.
In a Court of Criminal Appeal hearing, Adam Fitzgibbon, aged 20, was described as "vastly better" than two years ago after a brutal attack on a 16‑year‑old schoolboy that left the victim with permanent brain damage. Fitzgibbon's assault, captured on CCTV, involved 65 kicks, 26 punches and several stamps to the boy's head, chest and body, and was deemed unprovoked, sustained and vicious. He had previously been sentenced to 15 years, with the final three years suspended, for intentionally causing serious harm. The appeal argued that Fitzgibbon's severe background, including drug and alcohol problems, should be considered in sentencing. The court will review reports of his progress in prison and hear submissions from the appellant and the Director of Public Prosecutions before deciding a new sentence. The victim remains in a state of ongoing medical care for weakness, deafness and speech problems.
The Court of Criminal Appeal will rehear an appeal against the six‑month custodial sentence imposed on businessman Anthony Lyons, aged 52, for a violent sexual assault. In November last year the three‑judge appeal court found the sentence "unduly lenient" but reserved its reasons and the replacement sentence. The appeal was delayed because Judge Michael Hanna was ill, requiring the court to be reconstituted. Lawyers for the Director of Public Prosecutions confirmed that the case will proceed as scheduled on Thursday, 29 May. Lyons, of Griffith Avenue, was jailed in July 2012 by Judge Desmond Hogan for attacking and sexually assaulting a 27‑year‑old woman on 3 October 2010. He pleaded not guilty in the Dublin Circuit Criminal Court. The original sentence was six years with five‑and‑a‑half years suspended, and he was ordered to pay €75,000 in compensation.
The Court of Criminal Appeal quashed the conviction of an unidentified man who had been found guilty in 2012 of six counts of indecent assault and one count of sexual assault against his nephew, a minor at the time, for incidents between 1988 and 1991. He had received an eight‑year sentence with the last two years suspended. The appeal argued that the trial judge failed to warn the jury about the dangers of convicting on uncorroborated evidence and about the long delay between the alleged assaults and the trial, and that the evidence was insufficient for a jury decision. The Court of Criminal Appeal, sitting as a panel of three judges, agreed that the jury charge was deficient and that the case should not have been presented to the jury. Consequently, the conviction was set aside and a retrial was ordered. The unnamed man was acquitted.
Michael McKevitt, a former Real IRA leader, lost his latest attempt to have his appeal over a 2003 conviction for directing terrorism heard by the Supreme Court. He argued that a 2012 Supreme Court ruling had found a Garda search warrant used in a separate case invalid because it was issued by a Garda superintendent involved in the case, and claimed a warrant used to search his home was similarly invalid. The State rejected his claims, arguing the 2012 decision could not be applied retrospectively and that McKevitt had not challenged the use of evidence gathered under the warrant during his trial. The Court of Criminal Appeal, comprising Justices John MacMenamin, Brian McGovern and John Edwards, found McKevitt's application "entirely misconceived" and refused to refer it to the Supreme Court. McKevitt, 63, from Blackrock, Co. Louth, denied the charges on which he was jailed and had previously lost appeals in 2005 and 2008.
Anthony Farrell, a 23-year-old man with a previous address at Marian Villas, Arklow, appeared before the Court of Criminal Appeal to challenge his 2011 life imprisonment sentence for the murder of John Deasy. Farrell, who was 19 at the time of the incident, was convicted by a unanimous jury in April 2011 and sentenced in May 2011 for stabbing Mr Deasy at Brauder's shop in Arklow on November 25, 2009. His counsel, Michael O'Higgins SC, argued that Farrell acted in self-defence while attempting an unlawful escape from the premises he had robbed. O'Higgins submitted that Farrell was never asked by gardaí if he was acting in self-defence and believed his life was under threat. Conversely, DPP counsel Una Ní Raifeartaigh SC contended that self-defence does not apply to unlawful force, noting that Mr Deasy was using lawful force to guard the door against a burglar wielding a knife. Farrell's interview statements indicated he stabbed Mr Deasy to clear the doorway and escape, without expressing fear. Presiding Judge Donal O'Donnell, joined by Justices Michael Moriarty and Daniel Herbert, reserved judgment in the appeal. The matter was adjourned, and no final decision was reached during this hearing.
In 2009, John Paul Buck, aged 34, was sentenced to life imprisonment by Mr Justice George Birmingham after a Central Criminal Court jury found him guilty of fatally stabbing 30‑year‑old Fergus Roche in a vacant house on 1 October 2005. Buck also set fire to the house and received a concurrent five‑year arson sentence. The appeal court heard that an alleged confession by Buck to Detective Garda Larry Bergin in August 2006 was admitted as evidence. Buck denied the confession, but the detective claimed Buck admitted stabbing Roche while he slept, describing Roche as his "best friend". The appeal argued the confession was improperly admitted, citing late cautioning, the lack of tape, and the influence of media coverage on the jury's deliberations. The court postponed further hearing to the next two to three weeks. Buck had seven prior convictions, including arson, robbery, and burglary.
Edward Piotrowski, aged 48, lost his appeal against his conviction for the rape and sexual assault of a woman. The court found no legitimate basis to overturn the jury's decision. Piotrowski had claimed the trial judge erred in explaining the presumption of innocence and in presenting the defence case, but the Court of Criminal Appeal rejected these arguments. The court also dismissed his attempt to introduce new evidence, calling it unsubstantiated and implausible. Piotrowski was sentenced in January 2010 to five concurrent life sentences for three counts of rape, one count of aggravated sexual assault and one count of false imprisonment, plus concurrent terms of 10, five and 10 years for aggravated burglary, assault and false imprisonment of the man. The appeal against the sentence will be heard later. The unnamed man pleaded guilty.
In 2009, Donal Heaphy, 59, was sentenced to ten years in prison for possessing €50,000 worth of cocaine on a train from Dublin to Cork. He pleaded not guilty but was convicted. The drugs were hidden in a gold‑coloured champagne box. In 2010 the Court of Criminal Appeal upheld the ten‑year sentence but ordered a review after at least half the term, citing Heaphy's drug addiction at sentencing. In 2014 the court reviewed the case after Heaphy had served five years. Judge Adrian Hardiman suspended the remaining five years, allowing Heaphy to be released on condition of probation, abstaining from drugs and alcohol, and remaining under supervision. The court noted that relapse could lead to a return to prison. The decision was based on a favourable prison officer report and Heaphy's age and stability. The review was conducted under the Criminal Justice Act 1999. The sentence remains suspended pending compliance with probation conditions.
An application by Fred Forsey for an enlargement of time to lodge an appeal against his conviction has been adjourned. Forsey, 45, is seeking additional time to file a notice of appeal, as defendants typically have 21 days from sentencing to do so. His counsel, Mr Remy Farrell SC, applied to adjourn the enlargement request, citing an affidavit regarding conflicting accounts over whether Forsey instructed his former solicitor, Mr John Devane, to appeal. Presiding Judge Adrian Hardiman ordered that Mr Devane be made a notice party to the application. The matter was listed on the Court of Criminal Appeal case management list for May 21, with a production order issued for that date. The judge noted that notice should be given if the matter is to be resolved by cross-examination. In June 2012, Forsey was sentenced to six years' imprisonment, with two years suspended, by Judge Gerard Griffin. He had been found guilty by a Waterford Circuit Criminal Court jury of six counts of receiving corrupt payments between August and December 2006. Forsey, formerly of Dungarvan, Co Waterford, had denied taking €80,000 while serving as a town councillor. His ex-wife, Jenny Forsey, gave evidence against him at trial. The current procedural stage is an appeal, and the matter remains adjourned.
Sean Farrell, a 28‑year‑old Dublin man, had his 2012 conviction for membership in the Irish Republican Army quashed by the Court of Criminal Appeal on 10 April 2014. The appeal was supported by TDs Clare Daly and Mick Wallace, who had visited Farrell in prison and expressed concerns about his conviction. The Court found that the Special Criminal Court had erred by not notifying Farrell's defence of evidence presented by Garda Chief Superintendent Diarmuid O'Sullivan, who claimed Farrell had been an active IRA member over a ten‑year period. The appellate judges held that the failure to give notice rendered the evidence prejudicial and the conviction unsafe. The Court dismissed the Director of Public Prosecutions' request for a retrial, noting it would be oppressive, and confirmed that Farrell had already served two years and three months of his sentence, with release expected in five months.
In April 2014, the appeal of two Laois brothers, Eamonn Flanagan (42) and Seamus Flanagan (35), who had been convicted and sentenced to three years in prison for raping a woman in a Red Cow Hotel room in March 2008, was adjourned to the next court term. The brothers had pleaded not guilty to vaginal and anal rape respectively. The appeal court had previously considered that a key prosecution witness, Daniel Lynch, claimed he was pressured by Gardaí to state that the brothers were at the hotel room door when he left. No DNA from the brothers was found on the victim and CCTV showed the rapes occurred within a two‑minute window. Counsel for Seamus requested the adjournment to allow an affidavit concerning Lynch's testimony. Judge John MacMenamin noted that the case could not proceed today and would be listed for the first day of the next term, beginning 28 April. The appeal remains pending.
Tadhg Costello, a 19-year-old from Monkstown, County Dublin, remains on bail pending an appeal after sentencing for the alleged attempted murder of Josh Leahy. Costello initially pleaded not guilty to the attempted murder, assault causing harm, and unlawful possession of a knife at Johnson's Court in Dublin city on May 31, 2012. However, he changed his plea to guilty for attempted murder during his Central Criminal Court trial last November, following a ruling that his garda interviews were admissible. The other two counts were taken into consideration. Mr Justice Paul Butler sentenced Costello to six years imprisonment, suspending the final three years. The judge deferred the committal order for three weeks to allow Costello to seek bail from the Court of Criminal Appeal. Costello must present himself to Dun Laoghaire Garda Station before midday on April 11. The defence intends to appeal at least the conviction. Mr Justice Butler noted the case was exceptional, citing Costello's lack of previous convictions and his status as a minor at the time of the offence. The judge described the attack as serious, noting Costello stabbed the victim six times with intent to kill but showed no immediate remorse. The victim, now 19, suffered a collapsed lung and continues to experience pain and nightmares. The matter was adjourned to allow the defence to consider the judgment and pursue the appeal.
The Court of Criminal Appeal has reserved judgment on the appeal of former priest Tony Walsh, who is contesting separate sentences of 16 years and 15 months for rape and sexual abuse of boys in the 1970s and 1980s. Walsh, known as the "Singing Priest," was convicted in 2010 of indecent assault and buggery against three schoolboys, and a 16‑year sentence was imposed. He pleaded guilty to additional counts of indecent assault in a west Dublin church and school between 1978 and 1985, and a further 15 months were added last year for abuse of two other boys. In 1997 he was convicted of abusing six victims and sentenced to ten years, later reduced to six on appeal. Counsel for Walsh argued for a reduction, citing a judge's comment and the non‑existence of the offence of buggery, while the DPP maintained that the sentences were separate and not cumulative. The court will decide at a later date.
The Court of Criminal Appeal has allowed an appeal by Kieran Ryan against his eight-year sentence for firearms possession, finding an error in principle in the original sentencing. In July 2010, Ryan, then of Craeval Park, Moyross, pleaded guilty at Limerick Circuit Criminal Court to possessing a Browning semi-automatic pistol and 15 rounds of 9mm ammunition at Carrigmartin, Ballyneety. Judge Carroll Moran imposed the eight-year term, while his brother, Eddie Ryan, received six years for the same offence. The appeal court determined that the trial judge's starting point was too high, noting no evidence that Ryan intended to use the weapon. Consequently, the appropriate starting point was nine to ten years. The court also found the four-year reduction for his guilty plea excessive, given he was caught red-handed and had a prior conviction for violent disorder. A justified reduction of two to two-and-a-half years indicated a final range of seven to eight years. Presiding Judge Frank Clarke stated that while the appeal was allowed, a significant reduction would not be justified due to the offence's seriousness. The matter was adjourned to allow both sides to present submissions on the proper sentence, including materials regarding Ryan's conduct in prison.
The Court of Criminal Appeal has dismissed an appeal against a life sentence imposed on a man convicted of raping four of his daughters over an 18-year period. The three-judge court ruled that the sentencing judge was entitled to impose the maximum penalty. The man, now aged 52, pleaded guilty in December 2011 at the Central Criminal Court sitting in Castlebar, County Mayo, to sample counts of rape and child cruelty spanning from 1991 to 2009. The appellant's counsel argued that the trial judge erred in principle by prioritising victim reassurance in sentencing, and that mitigating factors including a late guilty plea and the man's dysfunctional background and alcohol abuse should have been weighted more heavily. The court rejected these submissions, finding that credible threats made by the man to one victim were an exceptional circumstance the sentencing judge was entitled to consider. The court determined that no mitigating factors could outweigh the horrific and exceptional nature of the offences.
Limerick, 20‑year‑old man, formerly a teenager in HSE care, beat a 16‑year‑old schoolboy unconscious in an unprovoked attack, leaving the boy with permanent brain damage. CCTV showed the assailant delivering 65 kicks, 26 punches and 26 stamps to the boy's head, two stamps to his chest, and continuing the assault after the victim stopped moving. The attacker claimed he was "stoned out of his head on vodka and tablets." He was originally charged with attempted murder but pleaded guilty to intentionally causing serious harm, receiving a 15‑year sentence with the final three years suspended. The Court of Criminal Appeal ruled that the sentencing judge failed to consider the impact of the man's severe dysfunctional background and substance‑abuse problems.
In March 2014 a 68‑year‑old man, who had been sentenced in January 2012 to eight years' imprisonment with two years suspended for seven counts of indecent assault on his nephew, was told he must await the outcome of his appeal. The conviction stemmed from alleged assaults that took place in the man's home between October 1988 and April 1991, when the victim was aged 13 to 16. The man pleaded not guilty. During the appeal counsel, Mr Hugh Hartnett SC, argued that the trial judge should have issued a corroboration warning and a delay warning, citing the absence of a potential witness who had been present in the house at the time of the alleged offences. The State's counsel, Ms Isobel Kennedy SC, maintained that the judge's decisions on corroboration and the lack of a witness were within his discretion.
High Court Judge John Edwards granted bail to Adam Busby, a 64-year-old self-styled Scottish separatist, pending the outcome of his Supreme Court appeal against a High Court order for his surrender to UK authorities. Busby, who has multiple sclerosis and is wheelchair-bound, is alleged by UK authorities to have made a series of hoax threats between November 2009 and June 2010. These allegations include threatening to contaminate UK water supplies, sending packages containing poisonous substances to public figures, and claiming bombs would detonate at locations in Glasgow and Edinburgh. The bail conditions require Busby to keep the peace, be on good behaviour, and refrain from accessing the internet. He is permitted to use a basic mobile phone for routine calls, provided he informs gardaí of dialed numbers and submits the device for call record checks. The judge indicated he would approve residence at the Granby Centre, Dublin 1, and remanded Busby in custody pending confirmation of that placement. The Supreme Court appeal is listed for mention on May 1, 2014. Previously, in July 2010, a Dublin Circuit Criminal Court jury found Busby guilty of causing annoyance by sending emails to the British Airports Authority claiming bombs were on flights to New York, resulting in a two-year jail sentence. He was also convicted by the Special Criminal Court in 1997 and sentenced to two years for making threatening phone calls to the Press Association and the Scottish Daily Record.
In the Court of Criminal Appeal on 27 February 2014, Mr Justice John Murray criticised the Prison Service for failing to bring serial child abuser Tony Walsh, aged 59, to court to hear the outcome of his appeal against two separate sentences. A prison van had arrived but the prisoner was not on board, and no Prison Service staff had volunteered to explain the delay. The judge described the situation as "profoundly disturbing" and "terrible, just dreadful", noting the waste of public money and counsel's time. He instructed the Director of the Prison Service to provide a report within two weeks and to ensure the issue would not recur. The appeal concerned Walsh's 16‑year sentence for rape and sexual abuse of three school boys and a 15‑month addition for further abuse. The case was to be relisted for a decision on 19 March 2014.". Tony Walsh pleaded guilty and was convicted.
A man from Cremona Road Ballyfermot, Keith Wilson (25), is appealing against his conviction for the murder of Daniel Gaynor (24), who was fatally shot in Finglas in August 2010. The case is currently before the Court of Criminal Appeal, where judgement has been reserved. Wilson was found guilty of the shooting and was sentenced to life imprisonment in 2011. During the appeal, Wilson's barrister, Dominic McGinn SC, argued that the reliance on DNA evidence alone was flawed in the absence of other connecting evidence. He contended that the trial judge should have warned the jury about the lack of corroboration. In response, Alex Owens SC for the state maintained that no such warning was necessary and that the method used by gardai to obtain DNA evidence was justified, as Wilson had refused to cooperate. The court, presiding over the appeal, has reserved its decision.
The Court of Criminal Appeal has reserved its judgment on the appeal by Warren and Jeffrey Dumbrell against their second conviction for the murder of Christopher Cawley. The brothers, who pleaded not guilty to killing the 33-year-old at Tyrone Place flats in Inchicore on October 29, 2006, were sentenced to life imprisonment in February 2011. Their initial 2008 conviction was quashed in 2010 as unsafe due to judicial comments, leading to a retrial. Defence counsel Michael O'Higgins SC argued that the trial judge erred by failing to properly direct the jury against conducting internet enquiries and by not warning the jury about the victim's previous convictions for carrying knives, which Jeffrey Dumbrell claimed were relevant to his self-defence claim. The prosecution, represented by Paul Burns SC, countered that the brothers received a fair trial and that the jury was trusted to act judicially. The court heard that Cawley's family witnessed the fatal stabbing. The appeal is currently pending, with the Chief Justice indicating that the judgment will be reserved.
In February 2014 the Court of Criminal Appeal quashed the conviction of Stephen Kelly, a 44‑year‑old Wexford native, who had been sentenced to twelve years' imprisonment with six months suspended in January 2010 for possession of cannabis resin worth €245,000. The conviction was based on a 2005 jury verdict at the Wexford Circuit Criminal Court for possession of drugs for sale or supply at The Bullawn, New Ross. Kelly had pleaded not guilty and claimed he was unaware of the drugs in a van he entered, later asserting a lack of knowledge defence under Section 29 of the Misuse of Drugs Act 1977. The appeal court found that the trial judge had failed to properly instruct the jury on the duty of the defendant to prove lack of knowledge, and that the prosecution had not complied with the law. Consequently, the conviction was quashed and the Director of Public Prosecutions will not seek a retrial.
Brian Rattigan, aged 32, lives on Cooley Road, Drimnagh, Dublin. He was convicted of murder in 2009 after stabbing Declan Gavin, aged 21, outside a Crumlin Shopping Centre restaurant on 25 August 2001. The jury found him guilty and he received a life sentence. He also serves 17 years for directing heroin supply while imprisoned. In February the Court of Criminal Appeal dismissed his appeal against the murder conviction. In December the CCA asked the Supreme Court to refer the case, citing exceptional public importance. The case was reheard today because the CCA judge, Mr Justice Michael Hanna, is seriously ill. Mr Brendan Grehan SC argued the trial was unfair because a witness whose statement was read into evidence could not be cross‑examined and that the trial judge overstepped jurisprudence.
Edward Piotrowski, a 48-year-old Polish man formerly of Edenderry, Co Offaly, must await the outcome of his appeal against his conviction for the rape and sexual assault of a woman. In January 2010, Mr Justice Peter Charleton sentenced Piotrowski to five concurrent life sentences after a Central Criminal Court jury convicted him of the November 25, 2007 attack. The life sentences were imposed on three counts of rape, one count of aggravated sexual assault, and one count of false imprisonment of the woman, all of which he had denied. Additionally, Piotrowski received concurrent terms of 10, five, and 10 years for aggravated burglary, assault, and false imprisonment of the victim's partner; he pleaded guilty to the assault charge but not guilty to the other two. All sentences were backdated to November 2007. At the Court of Criminal Appeal, presided over by Mr Justice Frank Clarke, counsel for Piotrowski argued that the trial judge erred in law regarding the presumption of innocence and the presentation of the defence case. The court also rejected Piotrowski's attempt to introduce new evidence, stating it would provide reasons for this decision later. The matter was adjourned as the court reserved its judgement on the appeal.
The Court of Criminal Appeal announced that several appeals may require re-hearings due to the serious illness of Mr Justice Michael Hanna. Chief Justice Susan Denham stated that cases where judgement was reserved and no final decision determined will be reconstituted. This includes the appeal by former priest Tony Walsh (59), who is challenging separate sentences of 16 years and 15 months for rape and sexual abuse. It also affects the case of businessman Anthony Lyons (52), where the court previously found his six-month sentence for violent sexual assault "unduly lenient" but reserved reasons and the replacement sentence. Counsel for the DPP requested time to take instructions on the appropriate course. Additionally, the appeal by Brian Rattigan (32), serving a life sentence for the 2001 stabbing death of Declan Gavin, may need re-hearing as he seeks leave to appeal to the Supreme Court. The court fixed February 14 for the re-hearing of the conviction appeal by brothers Warren and Jeffrey Dumbrell, who were jailed for life for the murder of Christopher Cawley. In contrast, the case of Kevin McCardle (31), who caused three deaths in a head-on collision while over the alcohol limit, will not be reheard. Although the court found his four-year sentence (one suspended) "unduly lenient," judgement has been returned, and only the sentencing portion of his case has been adjourned.
A man serving a life sentence for raping four of his daughters has launched an appeal against his sentence at the Court of Criminal Appeal. The 52-year-old was convicted in December 2011 at the Central Criminal Court in Castlebar, County Mayo, after pleading guilty to sample counts of rape and child cruelty spanning an 18-year period from 1991 to 2009. His counsel argued that the trial judge erred in principle by allowing victim support considerations to become the primary factor in imposing the life sentence, contending that the guilty plea should have carried greater mitigating weight. The State's counsel maintained there was no error in law, noting the offences were at the top end of the scale and that a threat made by the appellant against one victim justified the sentence. The Court of Criminal Appeal reserved judgement, with a decision expected on 15 January 2014.
Donal Connaughton, a pig farmer from Newtowncashel, County Longford, has been granted bail pending an appeal against his conviction. The Court of Criminal Appeal made the decision on 12 December 2013. Connaughton was sentenced to twelve months imprisonment last month by Judge Tony Hunt at Longford Circuit Criminal Court. He was found guilty in December 2012 of two counts of false imprisonment, two counts of threatening to cause serious harm, one count of assault, and two counts of criminal damage relating to an incident at a pig farm in Longford on 29 April 2010. He was acquitted of a further assault charge. Presiding Justice Adrian Hardiman said the court was influenced by the likelihood that Connaughton's sentence would expire before his appeal hearing. The appeal will proceed on grounds that jurors may have been influenced during trial. Gardaí investigated allegations made by Connaughton but the Director of Public Prosecutions directed no prosecution. Bail was granted on the same terms as those imposed before trial.
Catherine Nevin, aged 61, has requested that her appeal against a life sentence for the murder of her husband Tom Nevin be heard by the Supreme Court. She argues the case raises exceptional points of law and is in the public interest for the Supreme Court to decide. The Court of Criminal Appeal, presided over by Mr Justice Adrian Hardiman, will hear the appeal in the next court term, starting 13 January 2014, with a hearing expected to last one hour. Nevin has previously denied any involvement in the murder and lost a 2003 appeal.
Jarlath Walsh, a 42‑year‑old former prison officer, was originally sentenced to five years' imprisonment for smuggling cocaine, cannabis, cannabis resin and thousands of tablets, including flurazepam, diazepam and oxymetholone, into Mountjoy prison. He pleaded guilty at the Dublin Circuit Criminal Court. On appeal, Judge Donal O'Donnell found the five‑year term "perhaps too high" and reduced it to four years, suspending the final year for three years on the condition of good behaviour and peacekeeping. The appeal court noted that a psychological report had identified Walsh as an "easily led" and "vulnerable" person, and that the original judge had not fully considered this report. Walsh claimed he was forced to smuggle the drugs after being threatened by men who had photographs of his family, but the court could not give much weight to his account.
Stephen "Rossi" Walsh, a 65‑year‑old former resident of Belgrave Road, Rathgar, is preparing to apply for bail while he appeals three separate convictions. He is currently serving a 10‑year sentence for raping a nine‑year‑old girl in 1990, imposed by Mr Justice Paul Carney in February 2010. In November 2010 Judge Patrick McCartan added a consecutive three‑year term for indecent assault of a seven‑year‑old girl in 1988. In December 2011 Walsh received another consecutive 12‑year sentence for sexual assault and defilement of a child on occasions in 2008 and 2009. All three convictions are under appeal. Walsh's earlier 15‑year arson sentence from 1993 was imposed by the Special Criminal Court. He is represented by Derek Burke Solicitors on two appeals but wishes to represent himself on the appeal against the 2009 rape conviction.
Paul McDonagh, 43, was sentenced to 12 years imprisonment for assaulting and threatening to kill a 97‑year‑old woman and for burglary. The sentence was increased from an earlier nine‑year term with three years suspended after the Director of Public Prosecutions appealed. McDonagh had previously gained entry to the victim's home by offering to tidy her gardens, then held his hand over her mouth, cutting her lip, repeatedly threatened to kill her, and fled with her purse. He had 26 prior burglary convictions and had served 12 years in the United Kingdom for a similar offence. The Court of Criminal Appeal deemed the offence of "utmost gravity" and imposed the 12‑year term, suspending the last two years on the condition of good behaviour and cooperation with a management plan while in prison.
A 20‑year‑old man from Lisanalta, Dooradoyle, was sentenced to 15 years in prison for an unprovoked attack that left a 16‑year‑old schoolboy with permanent brain damage. The assault, captured on CCTV, involved 65 kicks, 26 punches and several stamps to the boy's head, chest and body, and continued after the victim had stopped moving. The victim was left on the forecourt in a pool of blood and later required eight days on life support before transfer to the National Rehabilitation Hospital. The man, who was a teenager in HSE care at the time, was originally charged with attempted murder but pleaded guilty to intentionally causing serious harm. He has appealed the sentence, arguing that mitigating factors such as his youth, guilty plea and expressions of remorse were insufficiently considered. The Court of Criminal Appeal has reserved judgment on the appeal, to be delivered in due course.