The Court of Criminal Appeal quashed the rape convictions of Eamonn Flanagan (42) and Seamus Flanagan (35) after new evidence from key prosecution witness Daniel Lynch. The brothers had been jailed for three years in 2011 following a Central Criminal Court jury verdict for raping a woman in a Red Cow Hotel room in 2008. Lynch, a friend of the accused, claimed he was pressured by Gardaí to state he saw the men at the hotel door, a claim denied by the Gardaí. No DNA from the brothers was found on the victim. The appeal court found the convictions unsafe, set aside the sex‑offender register order and discharged the brothers from bail. The court declined to order a retrial, citing the difficulty of proving the case anew. The decision was announced by Justice John MacMenamin. Eamonn Flanagan pleaded not guilty. Seamus Flanagan pleaded not guilty.
Tony Walsh, a former priest known as the "Singing Priest," was convicted of raping and sexually abusing boys during the 1970s and 1980s. In 2010 he received a 16‑year sentence for raping and abusing three schoolboys, and in 2012 an additional 15‑month sentence was added for abusing two other boys. Walsh, aged 60, pleaded guilty to multiple counts of indecent assault and buggery, and had previously been convicted in 1997 of abusing six victims, initially sentenced to ten years but reduced to six on appeal. He appealed both sentences, but the Court of Criminal Appeal, presided over by Mr Justice John Murray, rejected the appeals, stating that the trial judges acted within their discretion and that the offences were of "utmost gravity" and "appalling nature." The court found no error in principle in the sentencing decisions and refused leave to appeal.
Edward Piotrowski, 48, from Edenderry, Offaly, was convicted by a Central Criminal Court jury on 25 November 2007 of three counts of rape, one count of aggravated sexual assault and one count of false imprisonment of a woman. He was sentenced to five concurrent life sentences by Mr Justice Peter Charleton in January 2010. The life sentences were imposed for the rape, aggravated sexual assault and false imprisonment, and he also received concurrent terms of 10, five and 10 years for aggravated burglary, assault and false imprisonment of the man. Piotrowski denied the charges and pleaded guilty only to the assault charge. In April 2014 the Court of Criminal Appeal upheld his conviction, finding no legitimate basis for overturning the jury's decision. Piotrowski's counsel argued that the trial judge had not explained why an extraordinary five life sentences were warranted and that the sentence lacked proportionality. The appeal focused on the life sentences and whether they were appropriate.
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 trial of Darren Wynne, Quentin Monaghan, and James Seery continues before the Central Criminal Court, with Mr Justice Garrett Sheehan presiding. All three defendants, aged 21, pleaded not guilty to the murder of Jamie Lindsay (20) at Coney Green, Coneyboro, Athy, Co. Kildare, on April 6, 2013. Mr Wynne also pleaded not guilty to possessing a sawn-off shotgun and ammunition with intent to endanger life, though he pleaded guilty to possessing a sawn-off shotgun and cartridges in suspicious circumstances. Mr Monaghan and Mr Seery pleaded not guilty to possessing a sawn-off shotgun and cartridges with intent to endanger life, as well as possessing such items in suspicious circumstances. Prosecution evidence includes garda interview memos where Mr Wynne alleged Mr Lindsay threatened to rape his grandmother and burn his house. Mr Wynne stated he intended only to injure Mr Lindsay over a dispute regarding missing cannabis. The court heard that Mr Lindsay was shot in the right eye at point-blank range. The State alleges Mr Seery and Mr Monaghan were part of a joint enterprise. The matter is ongoing before a jury of eight men and four women.
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 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.
In 2011, Noel Holland, aged 40, was sentenced to eight years in prison by Mr Justice Paul Carney at the Central Criminal Court for sexually assaulting an 18‑year‑old girl at his home. Holland had invited the victim to his house under the pretense of arranging a taxi, then assaulted and attempted to choke her. The victim later sent text messages to her family while Holland was in the bathroom, and she is now deceased. Mr Justice Carney declared Holland a sex offender, suspended the final three years of the sentence, and imposed five years of post‑release supervision, ordering him to keep away from the victim. Holland appealed the sentence's severity to the Court of Criminal Appeal, which upheld the sentence as entirely appropriate. Noel Holland pleaded guilty.
The Special Criminal Court heard cross-examination of Gareth Collins, a convicted criminal serving a seven-and-a-half-year sentence for demanding money with menaces, at the ongoing trial of Wayne Dundon and Nathan Killeen. Both defendants have pleaded not guilty to the alleged murder of 35-year-old Roy Collins at Coin Castle Amusements, Roxboro Road Shopping Centre, on April 9, 2009. Collins, who admitted to previously giving gardai an incorrect account of his whereabouts due to fear, denied asking for time off his sentence or extorting money from witnesses. He stated he was unaware that Anthony McCarthy, Christopher McCarthy, or April Collins intended to make statements. During questioning by Mr Remy Farrell SC, Collins acknowledged flirting via text messages on the day of the alleged killing but denied coordinating false alibis with his then-girlfriend. He also denied shaking anyone down, though he admitted being owed money by Christopher McCarthy, who described him as a "crooked snaky cunt." The court noted Collins had previously admitted to being arrested for rape involving two 15-year-old girls. The cross-examination of Mr Collins is scheduled to continue tomorrow before Ms Justice Iseult O'Malley.
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 a South Dublin case, 19‑year‑old Tadhg Costello, who had been sentenced to six years for attempted murder of Josh Leahy, will begin serving his term after a failed bail application. Costello had originally pleaded not guilty but later pleaded guilty when a trial judge ruled that garda interview recordings were admissible. The Supreme Court had recently quashed an attempted rape conviction on the basis that suspects who request a lawyer cannot be questioned until legal advice is obtained, but the Court of Criminal Appeal rejected the argument that this ruling affected Costello's bail. The appeal court held that the trial judge's decision was based on credible evidence that Costello and his mother had been informed of their right to a solicitor. Costello will be taken into custody at Dun Laoghaire garda station on Friday to start his sentence.
A man's indecent assault conviction has been quashed by the Court of Criminal Appeal in the first case decided under a recent Supreme Court ruling on suspect interrogation rights. The man, now aged 45, had been sentenced to two years imprisonment in April 2012 after conviction on two counts by jury at Naas Circuit Criminal Court. The alleged offences dated to December 1986 and 1987 in County Kildare. The applicant's counsel argued that a garda interview conducted before the man received legal advice breached his constitutional rights, citing the Supreme Court's March 2014 decision in DPP v Gormley, which established that suspects requesting a solicitor cannot be questioned until receiving legal advice. Presiding judge Mr Justice John MacMenamin found the case fell squarely within Gormley's principles. He noted the applicant's solicitor was en route to the station when questioning proceeded, and determined the interview material was inadmissible. The court allowed the appeal and declined to order a retrial, given the applicant had already served his sentence. The unnamed 45-year-old pleaded not guilty.
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.
Richard Walsh, 24, was sentenced to six months in prison after being convicted at Swords District Court for a series of public order offences committed in August 2013. The offences included threatening, abusive and violent behaviour towards Garda officers at Waterside estate and Swords Garda Station, as well as urinating outside the station. Walsh had previously claimed he was assaulted by Garda officers who tried to remove a bottle of alcohol from him, and he responded by calling the officers "f**king pigs" and threatening that he would "hope you get raped" and that his family would be raped. He also spat at Garda officers and attempted to head‑butt one. The judge found Walsh's evidence unreliable and noted his history of six prior convictions and failure to attend probation appointments. The sentence was imposed after the court heard that Walsh had stopped drinking following a serious health incident.
In a High Court ruling, Eric Eoin Marques, referred to by the FBI as the 'largest facilitator of child porn in the world,' has been granted legal aid to fight his extradition to the United States. The court determined that any funds Marques may possess are likely to be proceeds of crime. Marques, who is alleged to be the owner and administrator of an anonymous hosting site known as Freedom Hosting, faces charges in the U.S. relating to conspiring to distribute and advertise child pornography. The 28-year-old, residing at Mountjoy Square in Dublin, has been in custody since his arrest in August 2022. The charges relate to images on over a hundred anonymous websites, described as extremely violent and depicting the rape and torture of pre-pubescent children. Marques had previously failed to obtain legal aid due to unexplained funds, but the court granted him legal aid, citing the need for justice and the potential for hidden proceeds of crime. The matter was adjourned for further consideration, with the case to be re-listed on April 29. If convicted in the U.S., Marques could face a life sentence, with the four charges potentially resulting in a total of 100 years in prison.
A High Court judge has raised questions regarding whether alleged unexplained monies belonging to Eric Eoin Marques, referred to by the FBI as 'the largest facilitator of child porn in the world,' are the proceeds of crime. Marques, who is alleged to be the owner and administrator of an anonymous hosting site known as Freedom Hosting, is wanted by US authorities for charges relating to conspiring to distribute and advertise child pornography. The 28-year-old, residing at Mountjoy Square in central Dublin, has been in custody since his arrest in August last year. The charges against Marques relate to images on over a hundred 'anonymous websites' described as extremely violent and depicting the rape and torture of pre-pubescent children. Marques previously failed to obtain legal aid due to an 'unexplained six-figure sum' of money. In the High Court, Mr Justice John Edwards expressed concerns that these monies may be the proceeds of crime and questioned whether they could be used to fund Marques' legal representation. Counsel for Marques, Micheal P O'Higgins SC, stated that the State should conduct its own investigations into the unexplained monies. The case continues tomorrow.
The Court of Criminal Appeal has reserved judgement on an appeal by Przemyslaw Jakubowski, 39, who was jailed for fifteen years for ambushing a woman in a Cork town public toilet and subjecting her to over half an hour of rape and sexual violence. Jakubowski, who had previously been convicted of attempted rape, was found guilty on eleven counts including rape, oral rape, anal rape, threats to kill, assault causing harm, sexual assault and false imprisonment, and not guilty on one count of oral rape. The appeal was based solely on the alleged invalidity of a search warrant used to introduce evidence from a search of Jakubowski's house. The Court of Criminal Appeal, presided over by Mr Justice Donal O'Donnell, has therefore reserved judgement.
A man accused of sexually abusing three children in the 1960s and 1970s has filed a High Court action seeking to prohibit a retrial. He faces more than 40 counts of sexual abuse of three siblings in County Wexford between 1966 and 1979. The defendant denies all charges. In November, a Wexford Circuit Court jury failed to reach a verdict on 46 charges after a two‑week trial, leading to an order for a retrial. In the current proceedings, the defendant requests the High Court to issue several orders, including one that would prevent the retrial from proceeding. He argues that a retrial would risk denying him a fair trial, citing the long passage of time since the alleged incidents. Counsel John Peart SC said allowing the retrial would breach the defendant's rights. Mr Justice Michael Peart granted leave to bring the challenge ex‑parte and placed a stay on the prosecution pending the High Court's decision.
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 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.
In March 2014 the High Court ordered the extradition of Edward Gerard Connors, a 20‑year‑old convicted rapist from Northern Ireland, to the United Kingdom. Connors had twice raped a 29‑year‑old American tourist in Colin Glen forest, west Belfast, in 2008. After the offences he fled to Dublin but later surrendered and received an eight‑year sentence with two years probation. He was released in 2012 after serving four years, but a Northern Ireland court issued a warrant for breach of probation terms. Connors was arrested in July 2012 at Labre Park, Dublin, and charged under the Sex Offenders Act 2001 for failing to notify authorities of his personal details. He was granted bail, missed a court hearing in August 2012, was re‑arrested in November 2013, and sentenced to four months at Cloverhill District Court.
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.
In a case heard at the Central Criminal Court, 18‑year‑old Tadhg Costello of Richmond Hill, Monkstown, pleaded guilty to attempted murder of 17‑year‑old Josh Leahy, who was stabbed six times in the back after a nightclub altercation on 30 May 2012. Costello had earlier pleaded not guilty to assault causing harm and unlawful possession of a knife, but changed his plea to guilty on the fifth day of the trial. The sentencing hearing was adjourned for two to three weeks to allow the defence to consider a Supreme Court judgment that quashed an attempted rape conviction on the basis that suspects who request a lawyer cannot be questioned by Gardaí until they receive legal advice. The Supreme Court decision was delivered by Justice Paul Butler, who remanded Costello on continuing bail for sentencing on 21 March.
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.
In a High Court hearing on 25 February 2014, the extradition case of Eric Eoin Marques, 28, was adjourned for one week. Marques, who lives at Mountjoy Square, Dublin, is alleged by the FBI to be the owner and administrator of the anonymous hosting site Freedom Hosting, and is wanted in the United States on charges of conspiring to distribute and advertise child pornography, and of advertising and distributing child pornography. The charges involve images on more than a hundred anonymous websites described as extremely violent, graphic and depicting the rape and torture of pre‑pubescent children. Marques has been in custody since his arrest in August 2013, after bail was refused on the grounds that he was a flight risk and could interfere with evidence. His counsel, Mark Lynam BL, informed the court that Marques intended to apply for legal aid before filing a judicial review.
A man described by the FBI as the 'largest facilitator of child porn in the world,' Eric Eoin Marques, is seeking a judicial review of the DPP's decision not to prosecute him in Ireland, the High Court heard. Marques, 28, of Mountjoy Square, Dublin, is alleged to have been the owner and administrator of an anonymous hosting site known as Freedom Hosting. He has been in custody since his arrest in August 2023, following concerns he represented a flight risk. The charges relate to images on over a hundred anonymous websites described as extremely violent and depicting the rape and torture of pre-pubescent children. Counsel for Marques, Mark Lynam BL, stated that his client intended to apply for legal aid prior to the judicial review. Counsel for the State, Patrick McGrath SC, noted that investigations into Marques's assets were ongoing. Mr Justice John Edwards expressed concern over the delay in providing a statement of means and ordered the matter to be resolved within days. The court heard that Marques would be available for cross-examination on any disputes regarding his statement of means. Mr Justice Edwards remanded Marques in custody until Tuesday (February 25). If convicted, he could face the remainder of his natural life in prison as the four charges could result in a sentence totalling 100 years.
The High Court trial of a civil damages claim brought by Joanne Quinn against retired Detective Sergeant Edward Justin Clarke is ongoing. Ms Quinn, 41, of Castlebar, Co Mayo, alleges she was stalked and sexually harassed by Mr Clarke between 2002 and 2005 while he investigated her prior abuse complaints. Mr Clarke admitted to a sexual relationship but pleaded it was consensual, denying the allegation of rape. Counsel for Ms Quinn, Martin Giblin SC, argued Mr Clarke abused his position of authority, specifically alleging rape on New Year's Eve 2002. Conversely, counsel for Mr Clarke, Roughan Banim SC, stated his client accepted the relationship was inappropriate due to his role but maintained it was not rape. Mr Banim noted Mr Clarke's 33 years of service and the severe personal impact of the allegations. Under cross-examination, Ms Quinn explained her delay in reporting was due to disbelief in her claims given Mr Clarke's status. The jury is tasked with resolving whether the sexual acts were consensual. The matter was adjourned and continues.
Diarmuid Connolly, a 25‑year‑old Dublin footballer, pleaded guilty to assault causing harm to Anthony Kelly, who sustained a fractured eye‑socket in an unprovoked attack at McGowan's pub in Phibsboro on 6 August 2012. Connolly had issued an unreserved apology, accepted by Kelly, and paid €5,000 to Barnardos and the Rape Crisis Centre, though Kelly declined compensation. Judge Patrick Clyne, after reviewing updated medical reports and Kelly's victim impact statement, described the assault as unprovoked and noted that Connolly's charitable donations exceeded the maximum fine the court could impose. The judge ordered Connolly to complete an anger‑management course and requested a certificate of completion, adjourned the case to May, and asked for a probation report. Connolly's offence carries a possible sentence of up to one year in prison.
An Irishman, Eric Eoin Marques, who is alleged to be the owner and administrator of an anonymous hosting site known as Freedom Hosting, may seek judicial review of the DPP's decision not to prosecute him in Ireland. The 28-year-old, with an address at Mountjoy Square in central Dublin, has been in custody since his arrest in August last year. The charges against Mr Marques relate to images on over a hundred 'anonymous websites' described as being extremely violent, graphic and depicting the rape and torture of pre-pubescent children. The websites in question have 'thousands of members' who have posted 'millions of images' of child pornography. Some the children involved are infants, the FBI claim. Counsel for Mr Marques, Mr Mícheál P O'Higgins SC, this morning told the court that he and a new legal team had just come on record and on that basis he would ask for more time. He said his client was anxious to receive advice on the Damache case and the possibility of seeking judicial review on the same grounds. Mr O'Higgins asked for a three week adjournment in the case. The court heard that if convicted Mr Marques faces spending the remainder of his natural life in prison as the four charges could result in a sentence totalling 100 years. He remanded Mr Marques in custody until February 18.
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.
An 18‑year‑old Dublin youth is set to stand trial for alleged sexual assault of two teenage girls at a Dublin location in 2012. He is also charged with assault causing harm and using a cider can as a weapon during the alleged sexual assault. The youth denied the charges. The Director of Public Prosecutions has directed a trial on indictment, meaning the case will be heard in the Circuit Court, which has greater sentencing powers. He was remanded on bail and will appear again in March to be served with a book of evidence. His counsel, Kate O'Toole, told the judge that the defence intends to raise the issue of delay in bringing the case. The case will not be retained in the juvenile court because the accused had turned 18 at the time of the charges. Legal aid was granted and there was no objection to him remaining on bail.
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.
The High Court has adjourned the extradition proceedings against Eric Eoin Marques, a 28-year-old resident of Mountjoy Square, Dublin, for one week. Marques is alleged to be the owner and administrator of Freedom Hosting, an anonymous site described by an FBI Special Agent as the largest facilitator of child pornography in the world. US authorities seek his extradition to face charges including conspiring to distribute and advertise child pornography, as well as advertising and distributing such material. The court heard allegations that the sites hosted millions of graphic images depicting the rape and torture of pre-pubescent children. Although the Director of Public Prosecutions decided not to bring proceedings in Ireland, counsel for Marques indicated he would plead guilty if prosecuted domestically. The judge noted that if convicted on the four US charges, Marques faces a potential sentence totalling 100 years, effectively the remainder of his natural life. The case was put back due to ongoing matters regarding legal representation, with the court expressing anxiety that progress be made. Marques has remained in custody since his August arrest after bail was refused due to flight risk concerns.
A teenage boy and a teenage girl, both in their mid‑teens, are to stand trial in the Central Criminal Court for rape of a teenage girl in Dublin in 2012. The alleged assault took place at the boy's home on the same date as a separate charge of sexual assault. Both defendants appeared at the Children's Court in Dublin, were released on bail, and were given strict conditions: they must not contact the victim or her family, must sign in at their local Garda station, carry mobile phones, be available for Garda inquiries, and obey nightly curfews at home. The judge, Judge John O'Connor, explained that the Children's Court cannot take jurisdiction over these serious charges under Section 75 of the Children Act, so the case will proceed in the Central Criminal Court. The defendants have not yet indicated how they will plead.
A 49‑year‑old man, James Donohoe of Harold's Cross Road, Dublin, was remanded in custody after being charged with assault causing harm and attempted sexual assault against a woman in her twenties on Effra Road, Rathmines. He was brought before Judge Michael Walsh at Dublin District Court, where he initially declined a solicitor and a court‑appointed lawyer, but later accepted solicitor Lorraine Stephens. Garda Ciaran O'Mahony testified that Donohoe did not respond to the first charge and said, "I am not going to plead to that," when the second charge was presented. The court directed that Donohoe receive psychiatric treatment while in custody and that he be granted legal aid. A file will be sent to the DPP, and the next hearing is scheduled for 14 January at Cloverhill District Court. The case remains pending.
Diarmuid Connolly, a 25‑year‑old Dublin football star, pleaded guilty to assault causing harm to Anthony Kelly at McGowan's pub in Phibsboro on 6 August. The attack, described as unprovoked, occurred at 3.40 a.m. and involved Connolly punching Kelly in the face and continuing to strike him on the ground, resulting in a fractured eye‑socket. Connolly issued an unreserved apology, accepted by Kelly, who shook hands with him after a hearing but declined compensation. Connolly paid €5,000 to Barnardos and the Rape Crisis Centre. The case was listed again, but Connolly was excused from attending. A sentencing hearing is scheduled for 29 January before Judge Patrick Clyne. The offence carries a possible sentence of up to one year. Connolly has no prior convictions.
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.
In December 2013, a Dublin man, aged 46, was denied an appeal against his 11‑year jail sentence for raping and sexually assaulting his niece. The Central Criminal Court jury found him guilty of 17 counts of sexual assault, four counts of rape, one count of oral rape and two counts of attempted anal rape, covering incidents from September 1998 to December 2005 when the victim was between six and 13 years old. After the State and the applicant presented submissions, Mr Justice Adrian Hardiman dismissed the appeal in the Court of Criminal Appeal. The unnamed 46-year-old pleaded not guilty.
A man in his early twenties has had his sentence increased from two years to three years imprisonment following a successful appeal by the Director of Public Prosecutions at the Court of Criminal Appeal. The man pleaded guilty in January at Monaghan Circuit Criminal Court to four counts of sexual assault committed at his mother's home in Monaghan during 2011. The victim, aged five at the time, was in the care of the respondent's mother, who worked as a childminder. Mr Justice Nial Fennelly found the original sentence imposed by Judge John O'Hagan fell outside judicial discretion and was unduly lenient. The appellate court determined the offending constituted a mid-range sexual assault and imposed a five-year sentence with the final two years suspended, conditional on probation supervision upon release.
In a 2013 appeal, the Court of Criminal Appeal ruled that the six‑month custodial sentence imposed on aviation broker Anthony Lyons for a violent sexual assault was unduly lenient. Judge John Murray explained that the appeal court had decided to allow the Director of Public Prosecutions' challenge to the six‑year sentence with five‑and‑a‑half years suspended that Judge Desmond Hogan had imposed in July 2012. The court noted that the mitigating factors presented could not justify suspending all but six months of the custodial term, given the gravity of the offence. Lyons, 52, had pleaded not guilty to the assault of a 27‑year‑old victim, who was tackled and sexually assaulted on a dark stretch of road. He was arrested after a passer‑by intervened, denied the offence initially, and later admitted it, claiming an "irresistible urge" caused by medication.
A 42‑year‑old Polish man was sentenced to seven years' imprisonment, with one year suspended, for raping a 19‑year‑old former housemate in a Kerry town on 5 July 2010. The offence occurred in his apartment after the victim had been socialising with friends and other men. He allegedly pushed her down, removed her belt and trousers and raped her. The trial judge, Mr Justice Garrett Sheehan, found the man guilty after a Central Criminal Court jury. The man appealed to the Court of Criminal Appeal, arguing that the judge had erred by not warning the jury that CCTV footage did not corroborate an act of penetration. The Court of Criminal Appeal, presided over by Mr Justice John Murray, rejected the appeal, stating that the judge's discretion not to give a corroboration warning was justified and that no grounds existed to overturn the conviction. The unnamed 42-year-old pleaded not guilty.
In a High Court hearing on 12 November 2013, the extradition case of Eric Eoin Marques, a 28‑year‑old Irishman, was adjourned for two weeks. Marques is wanted in the United States on four charges of conspiring to distribute and advertise child pornography, and of advertising and distributing child pornography. The alleged offences involve images posted on more than a hundred anonymous websites that the FBI describes as extremely violent and graphic, depicting the rape and torture of pre‑pubescent children, some infants. The websites reportedly have thousands of members who have posted millions of images. If convicted, Marques faces a potential sentence of up to 100 years, which could mean life imprisonment. His lawyers requested the adjournment and the court, with no objection from the State, granted it. Mr Justice John Edwards remanded Marques in custody and scheduled the next hearing for 26 November.
In a case of a man who was convicted of indecently assaulting his daughter, the Court of Criminal Appeal has reserved judgement. The man, now 66, was sentenced in April 2010 by Judge Frank O'Donnell to six years' imprisonment with three years suspended after a Dublin Circuit Criminal Court jury found him guilty of four counts of indecently assaulting his daughter. The alleged assaults occurred in County Kildare between October 1981 and March 1983 when the victim was aged 12 to 14. The man pleaded not guilty to all four charges. Evidence presented included claims that he forced his daughter to masturbate him and had her perform oral sex on him in his car when she was nearly 15. The appeal centred on whether a family confrontation in about 1994, during which the man allegedly admitted sexual abuse to his daughter's sister, could be considered an admission of the specific counts.
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.
Michael Igbosonu, aged 25, was originally sentenced in March 2012 to two years' imprisonment with one year suspended for a predatory sexual assault on a woman who fell asleep beside him on a Nitelink bus. He denied the offence but was found guilty by a jury after a four‑day trial. The Court of Criminal Appeal, hearing the case on Monday, ruled that the sentence was unduly lenient. The appeal was successful, and the sentence was increased to five years' imprisonment with two years suspended for a period of three years. Igbosonu was released from prison on 29 October last year and was ordered to surrender to Mountjoy Prison on 21 October. The appeal was brought by the Director of Public Prosecutions. The court noted the assault was predatory, sordid, and traumatic, and that Igbosonu had a record of 11 previous convictions. The new sentence reflects the seriousness of the offence. The case remains at the appeal stage.
The High Court has allowed a 28‑year‑old Irishman, described by an FBI special agent as "the largest facilitator of child porn on the planet," to submit a fresh bail application. Justice John Edwards, after careful consideration, concluded that the interests of justice required that Eric Eoin Marques be permitted to proceed with a new bail request. The United States seeks Marques' extradition on charges related to images on more than a hundred anonymous websites that allegedly contain extremely violent, graphic child‑pornographic material, including rape and torture of pre‑pubescent children. The websites reportedly have thousands of members who have posted millions of images, some involving infants, according to the FBI. Marques, who holds both Irish and U.S. citizenship, was arrested in Dublin on a provisional extradition warrant issued by a U.S. court on 29 July. The first bail hearing, held by Justice Paul Gilligan, denied bail pending the determination of the extradition request.