The Director of Public Prosecutions has appealed to the Court of Appeal against a 2015 acquittal of an unnamed man on charges relating to the operation of a hazardous landfill site. The man was previously acquitted by Mr Justice Patrick McCarthy at Dublin Circuit Criminal Court of counts concerning the holding or disposal of waste causing environmental pollution and the recovery of waste without a license. The DPP moved to overturn the ruling on a point of law under Section 23 of the Criminal Procedure Act 2010, arguing the trial judge erred in narrowly interpreting the statutory definition of a company manager or officer. Counsel for the State, Alex Owens SC, submitted that the man acted as a de facto director, interfacing with the Environmental Protection Agency and holding himself out as a policy maker, and that the jury should have determined his managerial status. Conversely, defence counsel Bernard Condon SC maintained the man was merely a consultant paid through a company he and his wife owned, arguing the evidence did not establish a managerial position. The Court of Appeal, comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Edwards, heard the arguments and reserved its judgment. The matter remains pending and has not been concluded.
The Court of Appeal confirmed the appointment of insolvency practitioner Mr Neil Hughes as examiner to seven Galway‑based companies controlled by Gerry Barrett, following a High Court decision that had dismissed an application for examinership for four firms linked to the G Hotel and Eye Cinema. The High Court had earlier appointed Hughes to three other related companies involved with the Meyrick Hotel. Deutsche Bank, which had appointed a receiver and opposed the examinership, argued it was an abuse of process and that the companies were attempting to renege on a 2016 debt settlement agreement that would have sold assets to reduce the debt to the bank. The appeal court, comprising Justices Mary Finlay Geoghegan, Michael Peart and Gerard Hogan, allowed the companies' appeal and confirmed Hughes as examiner for all seven firms, rejecting DB's cross‑appeal.
Stephen Cahoon, aged 44, was found guilty of murdering his pregnant ex‑girlfriend Jean Teresa Quigley, aged 30, who was 10 weeks pregnant when strangled at Cornshell Fields in Derry on 26 July 2008. Cahoon denied the murder. He was first tried in the Central Criminal Court in Dublin, where a hung jury failed to reach a verdict. In April 2012 he was again found guilty, but the conviction was overturned because the judge's instruction on provocation was incorrect. A retrial in December 2015 resulted in a unanimous conviction. Cahoon now appeals the conviction, arguing that a witness's Section 16 statement was admitted without proper consideration of a threat from police officers and that the statement's reliability was compromised. The appeal is pending, and the court has reserved judgment. The case is notable for being the first murder in Northern Ireland tried in the Republic under the Criminal Law Jurisdiction Act 1976.
The Court of Appeal has reserved its judgment on an appeal by the Director of Public Prosecutions seeking a review of Michael Murray's 15-year prison sentence as unduly lenient. Murray, 46, formerly of Killiney, Dublin, was found guilty by a unanimous jury of rape, attempted rape, oral rape, aggravated sexual assault, child abduction, threats to kill, false imprisonment, and theft committed in February 2010. He had previously denied the charges and lost an appeal against his conviction in March. Prosecutors argued the sentence failed to account for aggravating factors, including pre-meditation, deception, and explicit threats to the victim's four-year-old son. Defense counsel contended the trial judge exercised proper discretion. The court, comprising Justices Birmingham, Mahon, and Edwards, heard submissions but did not finalize the sentence, instead adjourning the matter to reserve judgment.
A Kilkenny man, whose identity is protected to preserve the anonymity of his now 33-year-old cousin, must await the outcome of an appeal against his conviction for rape and sexual assault of the then 14-year-old. The 49-year-old appellant pleaded not guilty to 35 counts, with the trial judge directing not guilty verdicts on the balance. He was convicted by a Central Criminal Court jury of 15 counts of rape and oral rape and one charge of sexual assault. On February 8, 2016, Ms Justice Isobel Kennedy sentenced him to 10 years imprisonment, with the final year suspended. The appeal, heard by Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Hedigan, was based on alleged new material regarding the timing of the parties' move to a specific property. Defence counsel argued that fresh records indicated the move occurred in mid-1999, after the complainant turned 15, potentially rendering the alleged pre-1999 offences impossible. The prosecution contended the records were unreliable and raised more questions than answers. The court reserved its judgment, meaning the matter was adjourned and not concluded.
The State has decided not to appeal the High Court's refusal to extradite 60‑year‑old Ian Bailey to France over the 1996 death of Sophie Tuscan du Plantier. Bailey, who denies any role in the death, was previously sought by French authorities in 2010 and again last summer for alleged voluntary homicide. Mr Justice Tony Hunt dismissed the Minister for Justice's application as an abuse of process. During the hearing, solicitor Gareth Lynch informed the court of the State's decision, and Mr Justice Hunt granted Mr Bailey costs for the case.
Kieran Lynch, 50, had his 2007 murder conviction quashed after a successful appeal and was later convicted of manslaughter for the death of his partner, Catherine McEnery, in 2005. In July 2016, the Central Criminal Court sentenced him to 12 years' imprisonment, with the last four years suspended for two years post‑release. He was required to remain in good behaviour for two years and attend probation appointments. The court heard that Lynch has not complied with these conditions, failing to attend four probation appointments and not residing at the address specified. On an application by the prosecution, Mr Justice Patrick McCarthy set a hearing for 9 October and ordered that Lynch be served notice of that date. The case remains at the suspended‑sentence compliance stage. Kieran Lynch pleaded not guilty.
Robert Widger, a 38‑year‑old former National Hunt jockey and horse trainer from Waterford, pleaded guilty to theft and possession of stolen property in September‑October 2014. He was originally sentenced to a two‑year term at Waterford Circuit Criminal Court. On appeal, the Court of Appeal reduced the custodial period to 12 months, with the remaining 12 months suspended and to run concurrently with a 12‑month sentence for theft. The judge noted that Widger had stolen six eight‑metre lighting poles from Waterford University Hospital, using a black Land Cruiser registered to him and his wife's swipe card. CCTV captured the theft, and the stolen items were recovered, including a mini‑digger, a horse box, a double trailer and building equipment. Widger, a married father of three and self‑employed in horse training, had a positive probation report citing remorse and low risk of reoffending.
Jack Donohue, aged 82 and from Holdenstown, Baltinglass, Co Wicklow, was convicted in 2017 for indecently assaulting an eight‑year‑old girl between 1968 and 1969. He had originally been sentenced to two years' imprisonment, with the last six months suspended. On appeal, the Court of Appeal found that a larger portion of the sentence should have been suspended because of Donohue's poor health and frailty. The judge noted that the victim had grown up on a farm where Donohue worked and that the abuse involved digital penetration and other sexual contact. Donohue had no prior convictions and was described as a man of good character who lived a quiet, isolated life. The Court re‑sentenced him to two years' imprisonment, suspending the final 15 months, so that 18 months would be served in custody. The decision was made by Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Hedigan. Jack Donohue pleaded guilty.
Keith Jackson Fleming, 26, of Glenshane, Kilteel, was sentenced to four years' imprisonment for dangerous driving that caused the death of his friend Dara Cottuli on 28 November 2015. The final year of the sentence was suspended. Fleming also pleaded guilty to driving without a licence or insurance and to failing to provide a blood sample. He was found to have been under the influence of alcohol and drugs, including D10s and Xanax, at the time of the crash. The vehicle veered, struck a ditch, a timber fence and a stone pillar before crossing the road again. The Court of Appeal upheld the sentence, noting that the judge had considered the seriousness of the offence and the circumstances, and found no error in the decision to suspend the final year.
Wayne Ellis, 35, from Ballyfermot, lost a challenge to the constitutionality of mandatory minimum sentences for firearms offences. He had pleaded guilty to possession of a firearm in suspicious circumstances and to possession of certain articles at Knocklyon Shopping Centre on 5 July 2012. In 2014 Judge Mary Ellen Ring gave him a wholly suspended sentence, but the Court of Appeal later ruled the sentence was "unduly lenient" and ordered him to serve a five‑year term. Ellis's lawyers argued that the mandatory minimum provisions under Section 27A (8) of the Firearms Act 1964, as amended by the Criminal Justice Act 2006, infringed the separation of powers and the principle of proportionality. The High Court refused to declare the section unconstitutional, and the Court of Appeal agreed, noting that the legislature had a legitimate role in setting sentencing parameters and that the mandatory minimum was not irrational or disproportionate.
The High Court has rejected an application for leave to appeal against the extradition of a Roscommon man wanted in the United Kingdom in connection with a tax fraud investigation. Thomas Joseph O'Connor, aged 49 and resident in Roscommon, had sought to challenge his surrender to British authorities on grounds relating to the UK's withdrawal from the European Union. His legal team argued that Article 50 notification created uncertainty regarding the protection of his fundamental rights post-Brexit. Justice Aileen Donnelly declined the application, finding no evidence of real risk to his rights. The court had previously granted a temporary postponement of Mr O'Connor's extradition on humanitarian grounds. A stay on the extradition order has been granted to permit an application for leave to appeal to the Supreme Court.
In a 2017 appeal, a 58‑year‑old carer from Mullingar was found guilty of indecent assault on a 24‑year‑old vulnerable male resident at a residential care centre. The resident, who had a mild intellectual disability and various physical ailments, alleged that the carer, while the resident was bathing at about 8 pm, had put his hand in the bath and attempted to touch him. The resident had previously complained to a nurse in December, leading to an internal investigation and the carer's suspension with pay, after which he was allowed to resume work. Gardaí later opened a criminal investigation, resulting in the 2014 conviction of a single count of indecent assault, for which the court imposed a wholly suspended 12‑month sentence. The Court of Appeal upheld the conviction, ruling that the offence covers both the apprehension of and actual uninvited, unwelcome physical contact. The appeal was dismissed on all grounds. The unnamed 58-year-old pleaded not guilty.
The Court of Appeal has upheld the serious assault convictions of Bill O'Driscoll (31) and Damien Fitzgerald (28), both from Cork, despite their legal teams' arguments for acquittal due to insufficient evidence. Both men had pleaded not guilty at Cork Circuit Criminal Court to charges of assault causing serious harm to Karol O'Keeffe at the Quarry Steps, Windsor Cottages, St Luke's, Cork on November 25, 2013, and also denied a charge of robbery. They were found guilty by a jury on both counts and sentenced to eight years imprisonment by Judge David Riordan on June 15, 2015. Both remain in custody serving their sentences. The appeal was based on the claim that the trial judge erred in not instructing the jury that the men had 'no case to answer'. However, Mr Justice John Edwards dismissed this, stating that the evidence was sufficient to support the convictions. The court noted that the prosecution's case was based on circumstantial evidence, but that multiple pieces of evidence, including forensic and CCTV evidence, as well as the men's replies during garda interviews, were significant. The appeal was allowed on the ground that the trial judge erred in law regarding the possibility of an alternative verdict on the robbery charge. The convictions for serious harm were upheld, while the robbery convictions were quashed. The Director of Public Prosecutions will consider whether a retrial on the robbery charge is appropriate.
Denis Casey, former chief executive of Irish Life and Permanent, has withdrawn his appeal against the severity of his prison sentence. Casey was convicted in July 2016 of conspiring to mislead investors about Anglo Irish Bank's value, using interbank loans to inflate the bank's worth by €7.2 billion between 1 March and 30 September 2008. The Court of Appeal upheld the convictions and Casey's sentence of two years and nine months imprisonment. His barrister, Michael O'Higgins SC, formally withdrew the appeal, requesting the Court of Appeal amend a technical point in its 138‑page judgment so it could be litigated in the Supreme Court. O'Higgins clarified that the withdrawal was not an attempt to reopen or reargue the appeal, which had been heard over five days in March. Justice Seán Ryan noted the court would consider the matter and issue a decision in the next legal term.
The trial of Detective Sergeant Eve Doherty, who denies harassing Elizabeth Howlin between September 2011 and March 2013 and making false statements in March 2013, continued at Dublin Circuit Criminal Court. Doherty faces charges related to letters, emails, and posters sent to Ms Howlin, then a DPP solicitor, containing defamatory claims. On day 13, defence counsel Michael O'Higgins SC questioned Chief Superintendent John O'Driscoll regarding a separate man under investigation for harassment and facing trial for threatening a garda via Facebook. The court heard this man's previous District Court convictions for harassment and assault were overturned on appeal. Chief Supt O'Driscoll testified that the man's modus operandi differed from the case against Doherty, noting the man used his own name without anonymity and did not use emails, posters, or letters. The superintendent stated the Facebook posts dated to August 2015 and confirmed that any new lines of inquiry would not be ignored. The trial continues before Judge Melanie Greally and a jury.
A former GAA coach's conviction for sexually abusing five boys has been upheld by the Court of Appeal. Ronan McCormack, aged 75, from Cuppanagh, Cloonloo, Co Sligo, was found guilty at Sligo Circuit Criminal Court of 53 counts of indecently assaulting boys aged between 10 and 13 at various locations between October 1981 and August 1986. He was sentenced to seven years and 10 months imprisonment, with the final two years suspended, in July 2014. The three-judge Court of Appeal dismissed his appeal, finding the complainants' evidence "powerful and indeed compelling". While the court identified issues with the trial judge's handling of corroboration matters, it determined these were not significant enough to undermine the conviction. The court noted the case was particularly strong, with striking similarities in the evidence presented.
In July 2017 the Court of Appeal upheld a 15‑year driving ban imposed on 52‑year‑old truck driver Tim Walsh of Moneen, Cork, after he pleaded guilty to dangerous driving that caused serious bodily harm to cyclist Vincent O'Driscoll in August 2013. Walsh had been jailed for three years and disqualified from driving for 15 years by Judge Seán O'Donnabháin. The appeal court found that on the day of the incident Walsh was operating a 42‑tonne lorry loaded with timber that was "manifestly unroadworthy", with 70 defects including a cracked rear side mirror that prevented him from seeing the cyclist. He attempted to overtake on a rising bend, pulled back before clearing the cyclist, and the cyclist was struck by the rear wheels of the trailer. O'Driscoll suffered life‑threatening injuries, including a severed spinal cord that shortens his life expectancy by 15‑30 years, and is now confined to a wheelchair.
John Coonan, a former security guard, appeared before Dublin Circuit Criminal Court on appeal regarding his conviction for importing 41,360 ecstasy tablets. Coonan pleaded guilty to one count of importing the drugs at Clarence Mangan Road, South Circular Road, Dublin 8, on June 25, 2016. He alleged that he committed the offence under duress after men threatened to harm his fiancée. Judge Cormac Quinn accepted that Coonan acted out of fear rather than for monetary gain, noting his lack of previous convictions. However, the judge emphasized that couriers play an essential role in the drugs trade. The court handed down a six-year sentence but suspended the final three years on a number of conditions, resulting in an effective custody period of three years. Coonan had previously made admissions to gardaí, stating he was given a throw-away phone and instructed to pick up the package, which was intercepted at Portlaoise mailing centre. Defence counsel argued that Coonan's role was small within a larger enterprise orchestrated by others. The court also noted that Coonan has since obtained full-time employment and is involved in community support activities.
The Supreme Court has reserved its decision in an appeal by Gary Davis, a 29-year-old man from Co. Wicklow, against an order for his extradition to the United States. US authorities allege Davis was an administrator of the Silk Road website under the pseudonym 'Libertas' between June and October 2013. He is wanted to face trial on charges including conspiracy to distribute narcotics, conspiracy to commit computer hacking, and conspiracy to commit money laundering. The High Court ordered his extradition last year, and the Court of Appeal dismissed his appeal in March. The Supreme Court agreed to hear the case on grounds of public importance. Davis, represented by Cormac Ó Dúlacháin SC and John Peart SC, argues that extradition would breach his constitutional and European Convention on Human Rights rights to bodily integrity and life. He claims he suffers from Asperger's Syndrome and that detention in the US would be inhumane, potentially leading to suicidal ideation and severe mental health deterioration due to limited family access. The Attorney General, represented by Remy Farrell SC, argued there is nothing to prevent extradition. The five-judge panel, comprising Justices O'Donnell, McKechnie, MacMenamin, Dunne, and O'Malley, heard submissions on Tuesday and reserved its judgment. Davis remains on bail pending the Supreme Court's decision.
The Court of Appeal has adjourned an application by a 43-year-old man to extend the time limit for appealing his sentence. The appellant, whose identity is protected, pleaded guilty at the Central Criminal Court to the rape and sexual assault of his nephew in Limerick during the 1990s. He was sentenced to eight years' imprisonment, with the final two years suspended, by Ms Justice Isobel Kennedy in October 2015. His counsel, Diarmuid Collins BL, argued that the 17-month delay in lodging the appeal was not excessive and that the appellant was "overwhelmed by the enormity" of the events, lacking the emotional strength to appeal earlier. Counsel for the Director of Public Prosecutions, Úna Tighe BL, opposed the extension, citing the victim's interest in finality and arguing that the appellant's claimed lack of strength indicated a prior decision not to appeal. The panel, comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Edwards, noted that while there is no statutory time limit, Superior Court rules generally allow 28 days. Mr Justice Birmingham referenced the Supreme Court's decision in the case of Nicky Kelly, who was sentenced to 12 years' penal servitude, to establish that extensions must be guided by the justice of the case and the victim's interest in finality. The court was not persuaded at this stage that the interests of justice were served by extending time based on current information. Consequently, the matter was adjourned to the next list to fix dates, with the court prepared to review the application if further information is provided.
In July 2016, Denis Casey and John Bowe were convicted by a jury at the Dublin Circuit Criminal Court for conspiring to mislead investors about Anglo Irish Bank's value between March and September 2008. Casey, 57, former chief executive of Irish Life and Permanent, received a sentence of two years and nine months, while Bowe, 53, former head of capital markets at Anglo Irish Bank, was sentenced to two years. The Court of Appeal upheld these convictions in a decision issued last month. Casey's counsel, Michael O'Higgins SC, announced that the appeal of the sentence would not proceed. Instead, O'Higgins requested a hearing before a full three‑judge Supreme Court panel to address a technical point in the Court of Appeal's 138‑page judgment, arguing that the Supreme Court might lack jurisdiction to consider the issue if it was not included in the appellate judgment. The matter was scheduled for a hearing on Thursday.
A 49‑year‑old Kilkenny man, whose name is withheld to protect the identity of a 33‑year‑old man, was convicted by a Central Criminal Court jury of 15 counts of rape, oral rape and one charge of sexual assault against a 14‑year‑old. He pleaded not guilty to 35 counts, of which the judge directed not‑guilty verdicts on the balance. He received a 10‑year sentence, with the final year suspended by Ms Justice Isobel Kennedy on 8 February 2016. The man has now filed an appeal, arguing that new material and the trial judge's treatment of answers given to Garda questions should affect his conviction. His counsel, Aidan Doyle SC, highlighted the defence's claim of consensual conduct and the importance of the complainant's age of consent, noting that the complainant was legally incapable of consenting before his 15th birthday.
Marta Herda, a 30‑year‑old Polish waitress, was convicted of murder after she drove a Volkswagen Passat into a deep harbour in Arklow on 26 March 2013, causing the drowning of 31‑year‑old Hungarian man Csaba Orsos. The Central Criminal Court found her guilty and imposed a mandatory life sentence on 28 July 2016. Herda escaped through the driver's window, but Orsos's body was recovered on a nearby beach. A post‑mortem confirmed drowning as the cause of death, not injuries from the crash. Herda's defence argued the incident was an accident, citing her lack of intent, language barriers, and the absence of evidence of deliberate action. The prosecution maintained that she deliberately drove into the water, knowing Orsos could not swim. The Court of Appeal has reserved judgment on her appeal, which challenges the conviction on grounds of recklessness, alleged confessions, and the judge's instructions to the jury. Marta Herda pleaded not guilty.
Marta Herda, 30, of Arklow, appealed her murder conviction after driving a Volkswagen Passat into a harbour on 26 March 2013, causing the drowning of 31‑year‑old Csaba Orsos, who could not swim. The Central Criminal Court found her guilty and imposed a mandatory life sentence on 28 July 2016. Herda's appeal argues that the driving was not deliberate, that the prosecution's case relied on alleged confessions and circumstantial evidence, and that the trial judge failed to properly charge the jury on recklessness or intent. She contends that her statements to Gardaí were misrecorded, that she did not intend to kill, and that the prosecution's theory of a pre‑meditated execution is far‑fetched. The appeal seeks a reconsideration of the conviction on these grounds. Marta Herda pleaded not guilty.
Michael Hanney, 24, was sentenced by Dublin Circuit Criminal Court to five years' imprisonment with the final two years suspended for possessing a 9mm Makarov pistol, a silencer and three rounds of ammunition in a silver case, and for possessing an air pistol at his home. He pleaded guilty to both offences. The Court of Appeal dismissed the Director of Public Prosecutions' application to review the sentence, describing the case as "very serious" but noting Hanney's early admission of responsibility, his age of 22 at the time of the offence, and his positive community involvement. The judge considered the sentence to be at the outer limits of leniency but not unduly so, and therefore upheld the original sentence. No further changes to the custodial term were made.
The Court of Appeal has fixed December 14 as the date for the hearing of the Director of Public Prosecutions' application to review the sentences of cousins Michael Casey and David Casey. Prosecutors intend to argue that the prison terms imposed for a "fatal burglary" were "unduly lenient." The men, aged 34 and 22 respectively, had previously pleaded guilty to a series of burglaries, including an incident at the home of John O'Donoghue at Toomaline, Doon, on August 27, 2015. In December 2016, Judge Tom O'Donnell at Limerick Circuit Criminal Court sentenced both defendants to four-and-a-half years imprisonment, with the final year suspended. The DPP is seeking a review on the grounds that these sentences are unduly lenient. Prosecuting counsel John G O'Sullivan BL characterized the offense as a fatal burglary. The Caseys were not present in court when the hearing date was fixed. This procedural stage involves the appellate review of the original sentencing decision rather than a new trial on the merits of the charges.
Bill Kenneally, aged 67, a former sports coach, was convicted of indecent assault on ten teenage boys in Waterford during the 1970s and 1980s. He pleaded guilty to ten counts and was sentenced in February 2016 to 14 years and two months imprisonment by Judge Eugene O'Kelly at the Waterford Circuit Criminal Court. Kenneally's lawyers have appealed the severity of the sentence. The Court of Appeal has scheduled a hearing for January 26, with the case expected to last half a day. Kenneally was not present at the date‑setting hearing.
In a 2017 appeal, Declan Tynan, aged 27, was found guilty of violent disorder at a Ladbrokes bookmakers in Tallaght on 13 December 2012. He had pleaded not guilty at the Dublin Circuit Criminal Court, where a jury convicted him and sentenced him to four years' imprisonment, with the final year suspended. The conviction was upheld on the basis that Tynan was identified from CCTV footage by Garda Sergeant Ciarán Loughrey and Garda Patrick McAvinue. The court rejected arguments that the identification evidence was inadmissible, noting that the footage showed the crime and the identification was made by a witness who had seen the event. The appeal was dismissed, confirming the original conviction and sentence. The case highlighted the court's view that video evidence of the crime itself is treated differently from post‑crime identification parades.
In a High Court hearing on 7 July 2017, objections were raised to a legal bid by Eric Eoin Marques, an Irish man described by the FBI as the world's largest facilitator of child pornography, to halt his extradition to the United States. Marques, 30, is alleged to have owned and administered Freedom Hosting, an anonymous site hosting over a hundred extremely violent child‑pornographic images. He has been in custody since August 2013 and was ordered to surrender in December 2015, a decision he challenged in the Court of Appeal and the Supreme Court, all of which dismissed his appeals. Marques also sought judicial review of the Minister for Justice's refusal to use discretion to stop his extradition, claiming the minister had access to records that were not disclosed. The Minister's counsel argued that discovery was unnecessary and that Marques's request was a fishing expedition.
A 24‑year‑old Kildare man, whose name is withheld to protect the 11‑year‑old victim, was originally sentenced to four years' imprisonment for two counts of sexual assault and an oral rape committed when he was 15. The offences involved blindfold games in which he forced his penis into the girl's mouth. The judge suspended the final two years, giving an 18‑month custodial term with six months suspended. On appeal the Court of Appeal found the original sentence did not adequately discount his youth and lack of maturity, and re‑sentenced him to 18 months with the final six months suspended for twelve months. The man pleaded guilty, described his actions as "experimental", expressed remorse, and had no prior convictions. He had subsequently qualified as an engineer and was considered unlikely to reoffend. The case was reported to Gardaí in 2013 and involved no violence or threat of violence.
Tadgh Butler, 36, of Seafield, Tramore, was found guilty of murdering Michael O'Dwyer, 25, at Butler's home on 10 January 2014. During the trial he dismissed his legal team on day six and cross‑examined his nephew, Anthony O'Grady, presenting a new version of events that alleged Butler had accidentally stabbed O'Dwyer while trying to remove a knife from O'Grady. O'Grady denied this claim. The jury, after 2 h 26 min of deliberation, returned a unanimous guilty verdict and Butler received a mandatory life sentence on 15 May 2015. Butler appealed, arguing that the trial judge should have warned him that the new version could not be considered by the jury without sworn evidence. The Court of Appeal agreed, quashing the conviction and ordering a retrial, while noting that the trial judge had correctly instructed the jury that unsworn statements could not be treated as evidence. Butler was remanded in custody pending the retrial. Tadgh Butler pleaded not guilty.
Samuel Devlin, 59, was convicted by the Special Criminal Court for possessing PETN at Finnstown House Hotel's 'Golf Suite' on 11 May 2014. The court found evidence of a 26‑metre detonator cord, hidden in a laptop case, with PETN in its core, and linked Devlin to the cord via fingerprints and DNA. The suite had been booked under "Joe Murphy" since 31 March, and Devlin had been present from 9 May. Gardai searched the suite at 10.25 am after a warrant was issued amid the discovery of a car bomb in the hotel's car park. Devlin's appeal was dismissed by the Court of Appeal, which upheld the conviction and the admissibility of the evidence, including the DNA and the warrant's urgency. He remains sentenced to six years' imprisonment.".
A Roscommon businessman facing extradition to Britain over a £5 million tax fraud has had his case reserved for judgement in the High Court. Thomas Joseph O'Connor, aged 49, was convicted in his absence at Blackfriars Crown Court in 2007 and sentenced to four-and-a-half years imprisonment for defrauding the British revenue. An extradition warrant issued in 2009 has been upheld through multiple appeal stages, with the Supreme Court dismissing his appeal in March of this year. In reopened proceedings, O'Connor's counsel argued that Brexit rendered the extradition improper, claiming uncertainty about his legal protections post-departure would leave him in legal limbo. The State's counsel contended the Brexit outcome remained unknown and speculation about future UK legislation was premature. Justice Aileen Donnelly reserved judgement to 25 July. O'Connor remains on bail pending that decision.
A construction company director from Roscommon faces uncertainty over his extradition to the United Kingdom, the High Court heard on 4 July 2017. Thomas Joseph O'Connor, aged 49, was convicted in his absence at Blackfriars Crown Court of involvement in a £5 million tax fraud and sentenced to four-and-a-half years' imprisonment in January 2007. Following extradition proceedings begun in 2009, the Court of Appeal and Supreme Court dismissed his appeals in 2015 and March 2017 respectively. His counsel argued that Brexit creates a "legal limbo" for Mr O'Connor, contending he should have a complete re-hearing due to uncertainty surrounding the protection of his rights after the UK's planned departure from the European Union on 29 March 2019. The State's counsel countered that such concerns were premature speculation, noting no evidence suggested Mr O'Connor would lose fundamental rights. Justice Aileen Donnelly remanded him on continuing bail, with the hearing adjourned to resume the following day.
Marcus Gantley, 23, was sentenced to a three‑year term with the final 18 months suspended after pleading guilty to obstructing a peace officer, assaulting a Garda, and two separate possession of controlled drug offences. The Court of Appeal upheld the sentence, describing it as "very lenient" but not "unduly lenient." Gantley was found in possession of €700 worth of heroin after a violent struggle in a Spar shop and €17,000 worth of cocaine at Dublin Airport, where customs officers confronted him over a black bag. He was on bail for the earlier charges at the time of the cocaine offence. The judge noted Gantley's history of drug addiction, chaotic lifestyle, and high risk of reoffending, and highlighted that the offences were committed over a short period, showing a disregard for bail conditions. The Court of Appeal dismissed the Director of Public Prosecutions' application for a review, leaving the original sentence intact.
A man has had the suspended portion of his sentence for aggravated burglary increased by the Court of Appeal following an undue leniency review. Andrzej Topolski, aged 50 and formerly of Castlebar, County Mayo, had pleaded guilty to aggravated burglary at his former wife's home in Blackfort Manor, Castlebar on 22 March 2015. The Circuit Court had sentenced him to three years in July 2016, suspending the unserved balance after he had spent eleven months in custody awaiting trial. The Court of Appeal increased the suspended sentence to five years. Mr Justice George Birmingham noted the offence occurred in a domestic context following the breakdown of Topolski's marriage, though the court determined a higher starting point of seven years would have been more appropriate. The judge acknowledged Topolski had secured employment as a stone mason during seventeen months at liberty and found that immediate incarceration would be unduly harsh. Topolski was ordered to undertake good behaviour and maintain no contact with the injured party or his former wife for five years.
Tadhg Butler, 36, of Seafield, Tramore, was convicted of murdering Michael O'Dwyer, 25, at his home on 10 January 2014. During the trial he dismissed his legal team on day six and chose to represent himself, recalling his nephew, Anthony O'Grady, as a witness. Butler presented a new version of events, claiming he had accidentally stabbed O'Dwyer while removing a knife from O'Grady, a claim denied by O'Grady. The jury found Butler guilty after 2 h 26 min of deliberation and he received a mandatory life sentence on 15 May 2015. On appeal, the Court of Appeal held that the trial judge should have advised Butler that his new version could not be considered by the jury without sworn evidence. Consequently, the Court quashed Butler's conviction, with the possibility of a retrial to be considered later. Tadhg Butler pleaded not guilty.
In a case that set a legal precedent, Richard Dekker, aged 30, was found guilty by a jury at the Central Criminal Court in March of murdering 17‑year‑old Daniel McAnaspie in February 2010. The body of McAnaspie, who had been under HSE care, was discovered by a farmer in a seven‑foot ditch in Rathfeigh, County Meath, 30 km from the murder site. Dekker's conviction followed a week‑long trial and more than eight hours of jury deliberation. The verdict was unanimous, and the court remanded Dekker in custody pending a sentencing hearing on 3 April. The case is notable because it is the first time the Criminal Justice Procedure Act 2010 was used to retry a person after an earlier acquittal. Dekker's lawyers applied for, and were granted, an extension of time to appeal the conviction, which had been lodged three weeks late, by Justice George Birmingham during case‑management procedures in the Court of Appeal.
A Kildare man, now 24, is appealing against a custodial sentence imposed for offences committed when he was 15. The appellant pleaded guilty to two counts of sexual assault in a shed at his home in Co. Kildare in October and December 2008, as well as oral rape at his home in April 2009 and in a woodland near his home in May 2009. On November 28, 2016, Mr Justice Tony Hunt sentenced him to four years imprisonment, with the final two years suspended. Counsel Hugh Hartnett SC argued that the appellant should have been spared jail, citing his age at the time and characterizing the acts as reckless experimentation. He submitted that under the 2001 Children's Act, detention for a legal juvenile must be a last resort. The appeal was heard by Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Hedigan. The court reserved judgment on the appeal against the severity of the sentence, with the decision scheduled to be delivered on Friday next. The matter remains adjourned pending this ruling.
In 2017, Eric Eoin Marques, a 30‑year‑old Dublin resident, sought to stop his extradition to the United States. The FBI had labelled him the world's largest facilitator of child pornography, alleging he owned and ran the anonymous hosting site Freedom Hosting. U.S. authorities charged him with conspiring to distribute and advertise child pornography, involving violent images of pre‑pubescent children on over a hundred anonymous sites. Marques had been in custody since August 2013 and had previously challenged the High Court's 2015 order for his surrender, with the Court of Appeal dismissing his appeal. He also sued the Director of Public Prosecutions for not prosecuting him in Ireland, offering a guilty plea, but both the High Court and Court of Appeal rejected his actions. The Supreme Court declined his appeal on that matter, and an application to the European Court of Human Rights failed.
The High Court appointed Mr Declan de Lacy of PFK O'Connor, Leddy & Holmes as provisional liquidator for Decobake Limited, a cake‑decorating and baking product company. The appointment followed a request from Dublin City Council (DCC), which sought to wind up the company over an unpaid commercial rates bill of about €102,000. DCC argued that Decobake was insolvent and that a provisional liquidator was needed to protect its assets from being removed from creditors' reach. The court noted that Decobake had offered to pay the rates but DCC rejected the offer. Mr Justice Paul Gilligan declined to set aside the liquidator appointment and said the company could appeal to the Court of Appeal if it wished to vary the order. The liquidator was granted powers to take possession of, control, and identify the company's assets, books, records, and bank accounts.
The Court of Appeal upheld the convictions of former Anglo Irish Bank head John Bowe (53) and former Irish Life and Permanent chief executive Denis Casey (57) for a single count of conspiring to mislead investors by using interbank loans to inflate Anglo Irish Bank's value by €7.2 billion between 1 March and 30 September 2008. A jury at the Dublin Circuit Criminal Court found them guilty after one of the longest criminal trials in Irish history. Judge Martin Nolan sentenced Bowe to two years and Casey to two years and nine months imprisonment on 29 July 2016. The men appealed, but the three‑judge Court of Appeal, led by Justice Seán Ryan, dismissed the appeals and confirmed the convictions, finding no fault with the trial judge's rulings or the jury's conclusions. The court rejected all grounds of appeal, including objections to evidence, alleged entrapment, and claims that the Financial Regulator's actions could provide a defence. Denis Casey pleaded not guilty.
The Court of Appeal was asked to decide whether a juvenile's suspended sentence can be partially activated when no legal authority exists. Barrister David Humphries explained that the issue concerns Section 98 of the Criminal Justice Act 2006 and the 2001 Children's Act. Circuit Court Judge Thomas Teehan requested the higher courts to determine if he could suspend part of a juvenile's detention and whether he could also activate any portion of that suspended sentence. No authority was found, and the Court of Appeal reserved judgment.
A 57‑year‑old Dublin man was convicted by a jury of 41 counts of indecent assault against a young relative who was between six and nine years old when abused between 1983 and 1986. The man, aged 24 to 26 at the time, was sentenced to eight years' imprisonment, with the final year suspended, by Judge Gerard O'Brien on 8 February 2016. He appealed both his conviction and the severity of the sentence, but the Court of Appeal dismissed both appeals. In the appeal, Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Hedigan, confirmed that the man had no prior convictions and that the sentence was a severe one, reflecting the prolonged, systemic nature of the abuse and the psychological harm inflicted on the victim, who is a second cousin of the accused. The Court of Appeal upheld the original eight‑year sentence with one year suspended.
The Court of Appeal upheld a 13‑year jail term for a 40‑year‑old man convicted of raping a woman four times in a single incident at his Laois home. The man had been sentenced to 14 years with the final year suspended, but the appeal against the severity of the sentence was dismissed. The judge noted the prolonged, violent nature of the attacks, the humiliation inflicted, and credible threats to kill the victim and her mother. The defendant's defence claimed no sexual contact and that injuries were due to force used to reject advances. The appeal also addressed the defendant's request to introduce sexually explicit images, which the trial judge deemed irrelevant. The Court of Appeal found no grounds to alter the conviction or sentence, confirming the 13‑year term as appropriate for the seriousness of the offence. The unnamed 40-year-old pleaded not guilty.
In a 2017 Court of Appeal decision, the appeal of Garrett O'Brien, convicted of murdering Seamus O'Byrne, was dismissed. O'Brien, aged 40, had pleaded not guilty to the 2009 killing of the 27‑year‑old father‑of‑two at his home in Tallaght. A jury at the Central Criminal Court found him guilty and imposed a mandatory life sentence. The appeal argued that the jury's failure to provide reasons for its verdict breached O'Brien's fair‑trial rights. Justice Alan Mahon upheld the conviction, stating that Irish law does not require juries to explain their deliberations and that such a request would be impractical. He noted that the jury's verdict was clear and that the prosecution's case identified O'Brien as the gunman, a fact that was not disputed by the evidence presented. The Court found no procedural error and confirmed the legality of O'Brien's arrest and trial.
An appeal has been lodged against a High Court ruling that cleared the way for more than 300 damages actions by investors who had invested in five Belfry Funds promoted by Allied Irish Bank and five directors of the Belfry Properties group, including Tony Kilduff and John Rockett. The High Court judge, Mr Justice Robert Haughton, held that while some elements of the claims are statute‑barred, the cases can proceed to full trial. The investors, who invested between €75,000 and €440,000 between 2002 and 2006, allege that the funds were promoted by the bank and the directors and that they suffered losses when the funds collapsed. They claim the defendants were negligent, breached contract and fiduciary duty. The defendants deny the allegations. The appeal is now before the Court of Appeal and will be heard early next month, with no stay on the High Court order.
A 37‑year‑old Lithuanian man was convicted by a jury at the Central Criminal Court of 23 counts of raping and sexually assaulting his daughter between 2008 and 2011. The daughter, aged between seven and ten at the time, was interviewed by specialist Gardaí under the Criminal Evidence Act 1992. The man appealed, arguing that the interviews breached Good Practice Guidelines and that the evidence should be excluded. The Court of Appeal dismissed the appeal. Justice Alan Mahon upheld the conviction, noting that the specialist interviews were admitted after the judge had reviewed them and after the victim was thoroughly cross‑examined. The court found no fault with the trial judge's decision to admit the interview content, and all grounds of appeal were rejected. The conviction and 15‑year sentence per count remain in force.
Marek Krol, a 54‑year‑old Polish national, had been given a wholly suspended two‑year sentence for sexually assaulting a 25‑year‑old woman in Cork on 1 February 2016. The Court of Appeal found the original sentence unduly lenient and imposed a seven‑and‑a‑half‑month custodial term. The appeal was based on the fact that the victim was comatose and unable to resist, a circumstance that the court said required a custodial sentence except in wholly exceptional cases. The court noted that Krol had no prior convictions, spoke limited English, and had a recent heart condition, but the Director of Public Prosecutions argued that the gravity of the offence demanded imprisonment. Krol will report to Anglesea Street Garda Station to begin serving his sentence. Marek Krol pleaded guilty.