Michael Murray, 46, was sentenced to 15 years in prison for rape, attempted rape, oral rape, aggravated sexual assault, child abduction, threats, false imprisonment and theft during a Dublin apartment incident in February 2010. He lured a woman by claiming an elderly woman needed help, tied her up, assaulted her, abducted her son, and later drugged and raped her. Murray denied the charges but was found guilty on all counts by a unanimous jury. He filed an appeal against his conviction, initially through his legal team led by Vincent Heneghan SC. After the court was informed that Murray had lost confidence in his team, he advanced the appeal himself. The Court of Appeal noted that Murray had been deemed unfit for police interview due to intoxication and that the state could not rely on the initial interview data.
During a Court of Appeal hearing on 21 December 2016, Gerard Brown, aged 34, was found guilty of assaulting fellow inmate Stephen Cooper, an ex‑garda, on 20 May 2014 at Midlands Prison. Brown had been sentenced to three years' imprisonment, consecutive to a term already served, after a jury at Portlaoise Circuit Criminal Court convicted him of assault causing harm. Brown claimed that Cooper had requested the assault to facilitate his early release on safety grounds, alleging that Cooper had instructed him to "not hold back" and to "just make sure there is blood", and that Cooper had offered documentation, information and €1,000 in return. Cooper denied any consent and insisted there was no agreement.
A man convicted of murder in connection with a fatal shooting in County Donegal has had his conviction upheld by the Court of Appeal. Martin Kelly, aged 42, from Strabane, County Tyrone, was found guilty of the murder of Andrew Burns at Donnyloop, Castlefin on 12 February 2008. The non-jury Special Criminal Court imposed a mandatory life sentence in January 2012. Mr Burns was shot twice in the back in a church car park by a gunman associated with a dissident republican organisation. Kelly's legal team argued he had agreed only to facilitate a punishment shooting, unaware the incident was planned as a deliberate execution. Mr Justice George Birmingham rejected this argument, finding Kelly guilty of murder based on his intention to cause serious harm, even without proof of intent to kill. The court noted that Irish law has long established that intention to cause serious injury resulting in death constitutes murder. The judgment acknowledged the appeal raised novel legal questions of clear importance. An application to the Supreme Court is being considered. Martin Kelly pleaded not guilty.
The Court of Appeal heard an appeal by Darren Wynne, who was found guilty by a jury of murdering Jamie Lindsay at Coney Green, Athy, on April 6, 2013, and sentenced to life imprisonment by Mr Justice Garrett Sheehan in July 2014. Wynne's counsel, Damien Colgan SC, alleged that the Director of Public Prosecutions ambushed his client by allowing co-accused Quentin Monaghan and James Seery to plead guilty to manslaughter only after key evidence was admitted. Colgan argued this timing prejudiced Wynne's provocation defence and requested the conviction be quashed for a retrial. Monaghan was sentenced to eight years' imprisonment with two suspended, while Seery received seven years with three suspended. Counsel for the DPP, Alex Owens SC, rejected these claims as wild allegations, stating there was no evidence of misconduct and that the evidence against Wynne was overwhelming. The court, comprising Mr Justice John Edwards, Mr Justice George Birmingham, and Mr Justice Patrick McCarthy, reserved its judgment. The matter was adjourned pending the decision.
Martin Stokes, aged 25, of Corkhill, Kinnegad, was convicted of defilement of a child under 15 and of raping a 14‑year‑old girl in a field in Westmeath on 3 June 2011. He pleaded not guilty, denied knowledge of the girl and later claimed their interaction was consensual. A Central Criminal Court jury found him guilty on all counts. He received a 12‑year sentence, with the final two years suspended by Mr Justice Carroll Moran on 7 August 2015. Stokes appealed on 14 grounds, including the admission of inadmissible hearsay that he had threatened the complainant and other procedural objections. The Court of Appeal, after considering the grounds cumulatively, rejected the appeal. Stokes did not react to the judgment and will appeal the severity of his sentence in the next term.
Zhen Dong Zhao, an internet café manager, was sentenced to six years in prison for the manslaughter of Noel Fegan. The matter reached this stage following an appeal where Zhao's original murder conviction and life sentence, imposed in December 2012, were overturned by the Court of Appeal earlier this year, resulting in a retrial order. At the Central Criminal Court last month, the State accepted Zhao's plea of not guilty to murder but guilty to manslaughter. The court heard that Zhao kicked Fegan to death outside a shop on Lower Wellington Quay in Dublin in May 2011 during a dispute over a 70-cent phone call. An autopsy attributed Fegan's death to a subarachnoid haemorrhage caused by blunt-force trauma to the head and neck. Justice Patrick McCarthy stated the appropriate sentence was nine years but reduced it by three years due to mitigating factors, including Zhao's remorse, early plea, and low risk of reoffending. Zhao received credit for two years and eight months already spent in custody. The victim's family criticised the sentence, with his niece expressing disappointment that the term was shorter than expected, noting the profound impact on Fegan's two children.
The Court of Appeal has dismissed the appeal against conviction lodged by Duku Popovici, a 43-year-old Romanian national from Cabra Park, Dublin 7. Popovici had pleaded not guilty to aggravated burglary at the home of James and Sarah Quigley in Carrick-on-Suir, Co Tipperary, on September 26, 2013. He was previously found guilty by a jury at Clonmel Circuit Criminal Court and sentenced to 12 years imprisonment, with the final two years suspended, by Judge Tom Teehan on July 23, 2015. During the appeal, Popovici's legal team argued that the trial judge failed to properly direct the jury on the lesser charge of attempted burglary, asserting that the defence case was that Popovici was never inside the house. However, Mr Justice Garrett Sheehan, sitting with Mr Justice George Birmingham and Mr Justice Alan Mahon, rejected this argument. The court noted that the trial judge's charge was succinct and that it would have been perverse not to convict of attempted burglary if the jury were not satisfied of aggravated burglary. The appeal was dismissed on all grounds, upholding the original conviction and sentence.
Cao Son Nguyen, a 30‑year‑old Vietnamese man with no fixed abode, was found asleep beside a toilet in a unit at the Clash Industrial Estate in Tralee, where cannabis plants potentially worth €1.4 million were growing. He had pleaded guilty to cultivation and to possession of cannabis for sale or supply on 21 October 2013. The original sentence of ten years imprisonment, with the last four years suspended, was imposed by Judge Tom E O'Donnell at the Tralee Circuit Criminal Court. On appeal, Nguyen's counsel, Philip Sheahan SC, argued that the case resembled a growhouse operation and that the DPP's charge of sale or supply was unusual. The Court of Appeal, led by Mr Justice Garrett Sheehan, agreed that the offence had been placed too high on the penalty scale and that Nguyen's circumstances differed from those of his co‑accused.
In December 2016 the Irish Court of Appeal dismissed Eric Eoin Marques' appeals against an extradition order and a legal challenge to the Director of Public Prosecutions' decision not to prosecute him in Ireland. Marques, a 30‑year‑old Dublin resident, is alleged by the FBI to run an anonymous hosting site, Freedom Hosting, that distributed child pornography. He has been in custody since August 2013. The High Court had ordered his surrender to U.S. authorities, but the Court of Appeal stayed the order pending a Supreme Court appeal. The court noted that if the Supreme Court grants leave to appeal, surrender will be delayed until that appeal is decided; if leave is refused, surrender will then occur. The court also confirmed that the DPP's decision not to prosecute was not reviewable and that Marques had no statutory right to reasons for that decision. The court rejected Marques' claim that a U.S. The unnamed 30-year-old was convicted.
Gediminas Zigmantas, a 35‑year‑old Lithuanian, had his eight‑year prison sentence for robbing a prostitute at Cork's Metropole Hotel reduced to six years on appeal. He pleaded guilty to false imprisonment and robbery in 2015. The Court of Appeal, led by Justice Garrett Sheehan, found the original eight‑year term "somewhat excessive" compared with similar cases from 2003 to 2013. Zigmantas had previously been convicted of a similar robbery in Ennis, receiving a five‑year sentence with 18 months suspended, which he was serving when the new sentence was imposed. The appeal court noted that Zigmantas showed no remorse and that the victim, Sylvia, was freed after 20 minutes with minimal injuries. The court therefore mitigated the sentence to six years imprisonment.
In 2015, Jayne Kearney, aged 27, was sentenced to three years' imprisonment for dangerous driving causing serious bodily harm to Blathnaid Molloy and for driving while intoxicated. The offence occurred on 8 March 2014 when Kearney, driving from Citywest Hotel after a quarrel with her boyfriend, knocked down Molloy, who suffered a brain injury, and failed to remain at the scene. Kearney had previously been convicted of speeding and driving without insurance. On appeal, the Court of Appeal found the judge had erred by not considering a suspended portion of the sentence. Consequently, the final nine months of Kearney's term were suspended, and she was required to enter a good‑behaviour bond. The appeal decision was delivered by Mr Justice Garrett Sheehan, with Mr Justice George Birmingham and Mr Justice John Edwards in attendance. The case highlighted the importance of accountability for intoxicated driving and the duty to remain at the scene of an accident. Jayne Kearney pleaded guilty.
Aaron O'Donoughoe, a 21-year-old from Greystones, pleaded guilty at Dublin Circuit Criminal Court to assault causing serious harm in Temple Bar on April 20, 2014. The court heard that O'Donoughoe punched Gerard McManus, who subsequently suffered bleeding and swelling on the brain, resulting in lifelong injuries including balance issues and impaired cognitive processing. O'Donoughoe admitted to striking the victim again while he was on the ground. Judge Martin Nolan noted that the Court of Appeal had previously judged this specific offence as deserving of a sentence of up to twelve-and-a-half years. However, considering O'Donoughoe's difficult background, his remorse, and the fact that he did not intend to cause a brain injury, the judge imposed a five-year custodial sentence. The prosecution argued the offence was on the upper end of the seriousness scale. O'Donoughoe stated he reacted after the victim allegedly used a racial slur and threatened him. The matter was finalised with the imposition of the five-year term.
A 39‑year‑old man from Cork, whose name is withheld for legal reasons, was convicted by a Central Criminal Court jury of 23 counts of sexually abusing his younger sister between 1991 and 1997, when he was aged 14 to 20. He had been tried on a 43‑count indictment but was acquitted of the remaining charges. Mr Justice Paul Carney sentenced him to five years' imprisonment, with the final year suspended, on 29 October 2014. The man appealed against the severity of the sentence, but the Court of Appeal dismissed the appeal, finding no error in principle. Mr Justice John Edwards noted that the victim was four years younger than the offender and that the offender had literacy and numeracy difficulties at school, leaving without educational achievements. He had expressed remorse at sentencing, and the judge gave a 20% discount when suspending the final year.
In December 2016 the High Court dismissed Eric Eoin Marques' appeal against his extradition to the United States and the decision not to prosecute him in Ireland. Marques, a 30‑year‑old Irishman, is alleged by the FBI to have run the anonymous hosting site Freedom Hosting, which hosted child‑pornographic material on over a hundred sites. He has been in custody since August 2013. The court held that the Director of Public Prosecutions' decision not to prosecute was not reviewable and that Marques had no statutory or constitutional right to be given reasons for that decision. The court also rejected his claim that extradition would expose him to an unconstitutional sentencing regime in the United States, finding his concerns speculative and not a real risk of unfairness. The case is set for the Court of Appeal next week. Eric Eoin Marques was convicted.
In 2013, five men—Patrick Gately (29), Dean Byrne (23), John Joyce (22), Patrick Joyce (24), and Thomas Flynn (22)—pleaded guilty to aggravated burglary at the Corcoran family home in south Tipperary. Judge Thomas Teehan sentenced them on 1 October 2015: Gately and Byrne received 20‑year terms with the last four years suspended; Joyce received 15 years with four suspended; Patrick Joyce received 14 years with four suspended; Flynn received 12 years consecutive to a sentence already served. All five have appealed the severity of their sentences. The Court of Appeal set a hearing for 2 March, with submissions lodged except for Gately, who had a legal‑aid certificate transferred to a new solicitor. The appeal will consider whether the sentences are too harsh. The case remains at the appeal stage.
Michael Martin, 37, was convicted of false imprisonment of an 11‑year‑old girl near Oldtown, Cullohill, Co. Laois, and sentenced by Judge Keenan Johnson at Portlaoise Circuit Criminal Court to 17 years' imprisonment, with the final four years suspended. The sentencing took place on 5 November 2015. Martin has lodged an appeal against the severity of the sentence. In the Court of Appeal, Mr Justice George Birmingham set a hearing for 20 January, but Martin was not present for the procedural matter. Michael Martin pleaded guilty.
In a Central Criminal Court hearing, 40‑year‑old Zhen Dong Zhao pleaded not guilty to murder but guilty to manslaughter for the death of 39‑year‑old Noel Fegan outside the e‑Times internet café in Dublin on 20 May 2011. Zhao, who had lived in Ireland since 2003, was originally convicted of murder and sentenced to life imprisonment in 2012, but that conviction was overturned by the Court of Appeal and a retrial was ordered. The court heard that a brief altercation over a 70‑cent phone call escalated into a physical fight lasting seven to ten seconds, during which Zhao repeatedly kicked Fegan, causing a subarachnoid haemorrhage that led to his death. CCTV footage showed the incident lasted three minutes and 36 seconds. Zhao had been in custody for two years and eight months before the hearing and had met all bail conditions.
Conan Murphy, aged 30, was sentenced by the Special Criminal Court to seven and a half years' imprisonment, with eighteen months suspended, for his role in building an explosive. He had previously pleaded guilty to possession of explosive substances in May 2010 and had been convicted in 2012, a conviction later overturned on appeal. The case centred on surveillance of a house in Aghaboys, County Louth, where Murphy was seen near a shed containing a trailer with a loading unit for a bomb, two large gas cylinders, 26 kg of glucose, and a length of command‑wire. The court found these items were part of an intended finished device, and the Emergency Response Unit's intervention prevented its completion. Murphy's guilty plea and lack of prior convictions were noted as mitigating factors. The sentence was back‑dated to 1 January 2024.
Thomas Kinsella, 37, was found not guilty of murder but guilty of manslaughter by reason of self‑defence after stabbing John Murdoch in Tallaght on 27 August 2011. The Central Criminal Court jury accepted that Kinsella believed he was acting in self‑defence and used no more force than he thought necessary. He was originally sentenced to 14 years' imprisonment, with the final five years suspended. On appeal the Court of Appeal held that the 14‑year starting point was "seriously out of line" with comparable manslaughter cases and re‑sentenced him to 11 years' imprisonment, suspending the final two years. The judge noted Kinsella's progress in custody, including attendance at AA meetings and being free of drugs and alcohol, and expressed hope that he will avoid re‑offending after release.
A woman who had been sexually abused by her uncle between 1986 and 1988, when she was aged seven to nine, had her appeal against a 10‑year conviction dismissed in its entirety. The uncle, a Tipperary man in his forties at the time, had pleaded not guilty to eight counts of indecent assault and three counts of rape. The Central Criminal Court jury found him guilty and Justice Margaret Heneghan sentenced him to 10 years in prison on 23 October 2015. In the appeal hearing, Justice Alan Mahon noted that the complainant had delayed reporting the abuse because she thought it was normal, a belief she later questioned after watching a television programme. The court rejected the appeal, stating that any inadmissible evidence regarding the complainant's conversation with a school friend had no effect on the jury's verdict. The appeal was dismissed.
A German national, Giovanni Obaseki, aged 23, had his seven‑year jail term for a "viscous" robbery of Francis Crossan in Dublin reduced on appeal. The original sentence, handed down by Judge Martin Nolan on 14 April 2016, had two years suspended. On 8 December 2016, the Court of Appeal, led by Mr Justice John Edwards, found the suspension insufficient and increased the suspended portion to three‑and‑a‑half years. Obaseki, who had pleaded guilty to the robbery and to two earlier attacks, was required to enter a good‑behaviour bond for the suspended period. The appeal was based on mitigating factors such as his lack of prior convictions and his efforts to improve his life. The final sentence remained seven years imprisonment, with the final three‑and‑a‑half years suspended.
Lawyers for an unnamed man charged with seven counts of gross indecency under Section 11 of the Criminal Law Amendment Act 1885 argue that prosecutions could be brought against homosexual men unless the courts grant reliefs, including a prohibition of his trial. The alleged offences were committed against a teenage boy between 1978 and 1980 while the defendant was in a position of authority. The lawyers claim the 1885 Act is incompatible with the Constitution, unknown to Irish law, and violates the European Convention on Human Rights. In a High Court judicial review last year, Mr Justice Michael Moriarty refused the reliefs. The case is now before the Court of Appeal, where judgment is reserved. Counsel Hugh Hartnett SC contends the offence is vague, discriminates on gender, and interferes with private life, arguing it is an outdated concept that could lead to prosecutions against homosexual people.
Judgement has been reserved in a High Court appeal against a Circuit Court decision awarding €40,000 in damages to Teresa Wall. The appellant, Mrs Wall, claims she tripped and fell on a boardwalk on the Wicklow Way near the JB Malone memorial on the Sally Gap to Djouce trail, sustaining a gashed knee requiring seven stitches. She alleges the National Parks and Wildlife Service (NPWS) was negligent for allowing a defect in the boardwalk, specifically a hole in a rotted railway sleeper, which created a tripping hazard and public nuisance. The NPWS denies negligence, arguing that Mrs Wall contributed to her injuries by failing to look where she was going and that she assumed the risks inherent in hillwalking. Last April, Dublin Circuit Court judge Jacqueline Linnane found the NPWS negligent and ordered the payment of damages. The NPWS appealed this ruling to the High Court. The appeal concluded on Wednesday before Mr Justice Michael White, following legal submissions from both sides. Mr Justice White reserved his decision, stating he hopes to deliver judgement in February. The matter is therefore adjourned pending the final determination of the appeal.
In a Cork case, Hungarian national Tamas Vecernyes, aged 29, was found guilty of raping a woman in her apartment on 9 September 2009. The original 11‑year sentence, with three years suspended, was reduced to eight years with the same suspension after an appeal. The victim, a woman in her 20s, had invited Vecernyes for drinks; after she went to bed, he followed her and raped her while she was intoxicated. She described being unable to breathe and feeling paralyzed. The Court of Appeal, led by Mr Justice John Edwards, ruled that the original 11‑year headline was "unusual" and "out of kilter" with similar offences, citing the lack of premeditation and extra violence. The judge noted Vecernyes' good behaviour in prison and a positive letter from authorities, and imposed an eight‑year term with a three‑year suspension, requiring a good‑behaviour bond for the suspended period. Tamas Vecernyes pleaded not guilty.
Alison Cleary, aged 22, was sentenced to three years' imprisonment for possessing €128,000 worth of cocaine in a wardrobe at her family home when she was 19. She pleaded guilty to possession for sale or supply on 4 February 2015 and was sentenced by the Dublin Circuit Criminal Court on 19 July 2016. Cleary appealed the sentence, but the Court of Appeal dismissed the appeal, ruling that a three‑year term was not harsh for the amount of drugs involved. Justice Alan Mahon, sitting with Justices George Birmingham and Garrett Sheehan, noted that the judge had appropriately considered mitigating factors such as Cleary's guilty plea, her youth, lack of prior convictions and her minor role in the drug consignment. The court found no evidence that her medical history or behaviour impaired her understanding of the seriousness of the offence, and upheld the custodial sentence. Cleary was taken to prison to continue serving her term.
John Prior, a 68‑year‑old former guesthouse owner, was sentenced to 12 months imprisonment after an appeal reduced his original 18‑month term. He had been found guilty of two counts of indecent assault on his 10‑year‑old niece in 1985, with three other counts unresolved. The appeal argued that the custodial sentence had caused significant financial loss, including the loss of insurance for his hospitality properties, which were used for short‑term rentals. The Court of Appeal considered the impact of the sentence on his business and, noting his charitable work, decided a 12‑month term was appropriate. Prior had accepted the jury's verdict, and the court re‑sentenced him to 12 months imprisonment. The hearing was brief and focused on the seriousness of the offences and the defendant's circumstances. John Prior pleaded not guilty.
At the Central Criminal Court, Zhen Dong Zhao, 40, of Jervis Street, Dublin, pleaded not guilty to the murder but guilty to the manslaughter of 39-year-old Noel Fegan. The plea was accepted by the State. The incident occurred on May 20, 2011, outside the e-Times internet café in Dublin city centre, following a dispute over a 70-cent phone call. Prosecution counsel Pauline Walley SC alleged that Zhao "savagely" kicked Fegan, who was on the ground, multiple times to the head and body before delivering a final blow. Witnesses described Zhao's demeanor as "casual" and noted he gave a "two-finger salute" as Fegan lay dying. A post-mortem attributed Fegan's death to a subarachnoid haemorrhage caused by blunt-force trauma. Zhao had previously been convicted of murder and sentenced to life imprisonment in December 2012, but that conviction was overturned by the Court of Appeal earlier this year, resulting in a retrial. During the proceedings, victim impact statements were read, including from Fegan's daughter, son, and sister, who expressed their grief. The court heard that Zhao initially claimed self-defense but later admitted to being angry and wanting to "teach them not to do this again." Sentencing was adjourned until December 9, and Zhao was remanded on continuing bail until that date.
A rape victim's application to freeze a €17,000 award made to her attacker, Darius Savickis, was resolved. Savickis, a Lithuanian national, had orally raped a 23‑year‑old woman on 28 November 2005 while she walked home from work in Galway. He pleaded guilty and was sentenced to six years' imprisonment in 2009. While serving that sentence in Castlerea prison he was assaulted by a prison officer. A High Court jury awarded him €225 for that incident, but the Court of Appeal increased the award to €17,225. The victim applied to the High Court for a freezing order on that award, pending her civil action for damages against Savickis. Conor Power SC argued the order was needed to prevent Savickis from dissipating the award and to frustrate his attempts to avoid enforcement of any judgment. Savickis's lawyers opposed the application.
In a 2016 case, a witness in a murder trial involving a UK citizen who killed an Irish citizen was sought by UK authorities for her medical records. The witness, whose identity is protected, had previously testified in a UK trial that was aborted and was set to testify again in a retrial. UK defence lawyers argued her evidence might not be fully reliable, prompting a request for her medical records. The Irish Minister for Justice received a letter for mutual assistance and nominated a District Court judge to order the records. Three witnesses, including a nun, the witness's GP, and an HSE patient services officer, were summoned to provide the records. The witness challenged the orders. The Court of Appeal, led by Mr Justice John Edwards, found the District Court judge acted beyond his powers, noting insufficient consideration of the witness's constitutional right to privacy and lack of evidence of countervailing interests.
The High Court lifted an injunction that had stopped the State from deporting a woman and her eight‑year‑old Irish‑born child. The woman, who had gone into hiding for almost five years after the Minister issued deportation orders, cannot be named for legal reasons. In a May judgment, Mr Justice Richard Humphreys rejected the applicants' claims that the deportation should be revoked, including arguments that the child's educational rights were not properly considered. The judge held that the right to free primary education does not bar deportation. An appeal against this decision is pending before the Court of Appeal. The court discharged the injunction, stating it was not unjust to deport the applicants before the appeal is heard, though it placed a four‑week stay to allow the applicants to pursue consequential orders and prepare their affairs.
The Special Criminal Court heard that Conan Murphy (30) was found making a 500-pound bomb in May 2010 at Aghaboys, Mount Pleasant, County Louth. The evidence was presented during the sentence hearing of Murphy, who had pleaded guilty to the charge earlier this week. This is his second trial for the offence. In 2012, the Special Criminal Court found him guilty of possessing the explosive substances and sentenced him to eight-and-a-half years imprisonment. Murphy successfully appealed that conviction last year, leading to a retrial ordered by the Court of Appeal. He is the son of Colm Murphy, who was convicted of the Real IRA bombing of Omagh which killed 29 people but was later cleared in a retrial following a successful appeal. Colm Murphy was also one of four men found by a civil court to be liable for the Omagh bombing. Detective Sergeant Padraig Boyce of the Special Detective Unit testified that in May 2010, gardai had information that suspected IRA members were constructing a bomb at an address in Mount Pleasant, County Louth. Surveillance operations led to Murphy's arrest on May 22nd, 2010, where detectives found a loading unit for a bomb, two large gas cylinders, and 26 kg of glucose in a car. Karida Naidoo SC for Murphy asked the court to consider his client's change of attitude, guilty plea, and restraints on his liberty under bail. Mr Justice Tony Hunt, presiding at the three-judge, non-jury court, remanded Murphy in custody until December 9th, when he will be sentenced.
Martin Morgan, 52, was convicted of organising prostitution and running a brothel at a Bachelor's Walk apartment in London between 22 August and 10 October 2005. He was found guilty by a jury and jailed for three years in 2008. The Dublin Circuit Criminal Court subsequently ordered the confiscation of €252,908, calculated as the likely net profit of the business. Morgan has applied for legal aid to appeal that confiscation order. His barrister, Diana Stuart BL, argued that he is now a "man of straw" and that without legal aid he faces serious consequences, including a possible three‑year imprisonment if he does not pay. Counsel for the Director of Public Prosecutions, Fergal Foley BL, opposed the application, stating that granting legal aid would effectively concede that Morgan has no criminal assets. Martin Morgan pleaded not guilty.
John Prior, 68, a retired guesthouse owner from Ballsbridge, had his conviction for molesting his niece in 1985 upheld by the Court of Appeal. The niece, aged 10 at the time, was visiting from America and stayed with Prior in a B&B in Dublin 4. In the original trial, a jury found him guilty on two of five counts of indecent assault; the remaining three counts were not agreed upon. He was sentenced to 18 months imprisonment. Prior appealed on grounds including delay and the absence of a corroboration warning to the jury. The Court of Appeal, led by Mr Justice George Birmingham, dismissed all appeal grounds, affirmed the conviction, and noted that the trial judge's discretion in not issuing a corroboration warning was lawful. Prior is scheduled to appeal his sentence the following day. John Prior pleaded not guilty.
The Court of Appeal has reserved judgment in an appeal concerning a request to transmit the medical records of an unnamed witness to UK authorities. The witness, who cannot be identified by court order, is involved in the retrial of a UK citizen accused of murdering an Irish citizen whose body has never been recovered. She previously testified in a UK trial that was aborted for unrelated reasons. The accused's defence lawyers have suggested her evidence may not be entirely reliable, prompting their interest in obtaining her medical records to assist the Crown Prosecution Service in its disclosure process. On May 13, a mutual assistance letter was received by the Minister for Justice, leading to the nomination of a District Court judge to take evidence. Three witnesses, including a nun, the woman's GP, and an HSE patient services officer, were summoned to appear with the relevant medical records. The woman's lawyers subsequently sought leave to apply for judicial review of the District Court judge's orders, which Mr Justice Richard Humphrey refused on November 18. In the Court of Appeal, her barrister, Tara Burns SC, argued that the Director of Public Prosecutions in Ireland could not receive the medical records of a witness in this jurisdiction, questioning how the DPP in England could. The three-judge panel reserved its judgment on the matter.
Conan Murphy, aged 30, pleaded guilty at the Special Criminal Court to possessing explosive substances at Aghaboys, Mount Pleasant, on 22 May 2010. He is the son of Colm Murphy, who was convicted of the 1998 Omagh bombing but later cleared on appeal. Conan's case is his second trial for the offence; he was previously found guilty in 2012 and sentenced to eight‑and‑a‑half years, but that conviction was overturned on appeal. The court has remanded him in custody for sentencing on 25 November, where a further charge of membership in an unlawful organisation will also be considered.
An ex‑priest aged 60, who had sexually abused his niece between 1979 and 1985 when she was six to thirteen, pleaded guilty to 12 counts. Judge Pat McCartan imposed wholly suspended 18‑month sentences on 1 March 2016. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal, with Mr Justice Alan Mahon, upheld the judge's discretion. Mr Justice Mahon noted the offender had informed his bishop, cooperated with Church authorities, sought laicisation in 1994, left the priesthood in 1995, moved to London, married, and engaged in counselling. He had also avoided contact with his niece and lived in the UK. The Court found an error in the maximum sentence for counts after 5 June 1981, quashed those sentences, and re‑sentenced him to four years imprisonment, wholly suspended. He entered a good‑behaviour bond for the suspended period. The victim, now an adult, has largely turned her life around.
Simon McGinley, aged 32 from Connaughton Road Car Park in Sligo, has had his appeals against conviction and sentence dismissed by the Court of Appeal. McGinley was convicted of the murder of Eugene Gillespie, a 67-year-old retired telecoms broker, who died following an assault at his home on Old Market Street on 19 September 2012. McGinley had admitted killing Mr Gillespie but denied the charge was murder. A jury found him guilty of murder in April 2014, and he received a mandatory life sentence along with concurrent sentences for false imprisonment and burglary. The three-judge court, presided over by Mr Justice George Birmingham, found no grounds of substance in McGinley's appeals. The court noted the seriousness of the offences and McGinley's significant criminal history of 21 previous convictions. McGinley was returned to prison to continue serving his sentences.
A man from County Antrim has been imprisoned following a successful appeal by the Director of Public Prosecutions against an unduly lenient sentence. Edmund Stewart, aged 33, of Ardgate Place, Newtownabbey, had pleaded guilty at Cavan Circuit Criminal Court to sexually assaulting a woman at the Farnham Arms Hotel in County Cavan on 24 June 2012. The woman was unconscious at the time of the assault. Stewart was originally given a wholly suspended three-year sentence by Judge John O'Hagan in March 2016. The Court of Appeal found this sentence insufficiently severe, with Mr Justice John Edwards stating that a custodial term should have been imposed. Stewart was re-sentenced to three years imprisonment with all but nine months suspended. He is now serving the nine-month custodial element of that sentence.
In November 2016 the Court of Appeal ruled that the Building and Allied Trades Union (BATU) breached John O'Connell's constitutional right to work by refusing to grant him full membership. The court directed a High Court hearing to assess damages. It overturned a prior High Court finding that BATU and some officials had conspired to intimidate O'Connell and that he was not entitled to damages on those grounds. The Court of Appeal held that BATU had no valid justification for denying O'Connell membership and that the union's exclusion infringed his right to earn a livelihood, given BATU's effective monopoly over the blocklayer market. The court remitted the assessment of damages to the High Court, but upheld that O'Connell's claims against the Construction Federation were statute‑barred and dismissed. BATU and the CIF denied the allegations. The case remains at the High Court stage for damages determination.
Petrica Lucaci, a 25‑year‑old Romanian, was sentenced to five years' imprisonment for a series of offences committed on 7 October 2014, including unlawful seizure of a vehicle, assault, assault of a peace officer, dangerous driving and two counts of endangerment. The original sentence, imposed by Judge Terence O'Sullivan on 11 May 2016, suspended the final year. On appeal the Court of Appeal found that the "out of character" nature of the conduct, Lucaci's guilty plea and his offer of substantial compensation warranted a longer suspended period. Consequently, Judge Alan Mahon re‑sentenced him to five years with the final two‑and‑a‑half years suspended, requiring a good‑behaviour bond for that period. Lucaci had no prior convictions in Ireland or Romania and had been living in Ireland for three months as a gardener when the incident occurred.
Thomas Kinsella, 37, a homeless man, was convicted of manslaughter by reason of self‑defence for the fatal stabbing of 23‑year‑old John Murdoch on 27 August 2011 in Tallaght. A Central Criminal Court jury found him guilty in December 2012 and he received a 14‑year prison sentence, five of which were suspended, on 31 January 2013. Kinsella's barrister Brendan Grehan SC has now withdrawn an appeal against conviction and is pursuing only a sentence appeal. Grehan argues the headline 14‑year term is unjustified and the five‑year suspended period is excessively long, especially given Kinsella's drug addiction and the circumstances of the incident. The Director of Public Prosecutions, Dominic McGinn SC, contended that Kinsella's habitual knife carrying aggravated the offence and justified the suspended period. The Court of Appeal will consider the appeal. Thomas Kinsella pleaded not guilty.
In 2012, Andrew Gibney (24) of Mulhuddart was part of a group that stabbed Gerard Burnett (28) outside his girlfriend's house, resulting in Burnett's death after 30 stab wounds. Gibney pleaded not guilty at the Central Criminal Court and was convicted of murder by a 10‑2 jury verdict, receiving a mandatory life sentence on 28 January 2014. He appealed, arguing a miscarriage of justice, citing a UK Supreme Court ruling on joint enterprise that clarified that a person who participates in an attack but does not intend serious harm may be guilty of manslaughter rather than murder. The Court of Appeal, led by Justice Garrett Sheehan, found that the trial judge failed to direct the jury on this partial defence and allowed the appeal. Gibney was remanded in custody for a retrial at the Central Criminal Court.
Richard Sweeney, aged 27 of Railway Lough, Belturbet, Co Cavan, has had his prison sentence doubled by the Court of Appeal following a prosecution challenge that his original term was unduly lenient. Sweeney had pleaded guilty at Cavan Circuit Criminal Court to violent disorder in the home of a vulnerable man in Belturbet on 24 February 2014. He was initially sentenced to two years imprisonment with six months suspended in March 2015. The Court of Appeal found the sentence fell considerably short of reflecting the gravity of the offence, in which Sweeney was one of four masked men who forced entry to the victim's home, threatened to kill him, and subjected him to a severe assault involving weapons. Mr Justice Garrett Sheehan, delivering judgment, noted aggravating factors including the planned nature of the attack, the victim's vulnerability, and violation of his home. Sweeney was re-sentenced to four years imprisonment with the final year suspended.
In an appeal-stage procedural context, the Central Criminal Court addressed the sentencing of a 23-year-old Kildare man who pleaded guilty to two counts of sexual assault and two counts of oral rape committed against an 11-year-old victim between 2008 and 2009. The defendant, who was 15 at the time of the offences, admitted the charges in July 2016, with pleas accepted on the basis that the abuse occurred more frequently than the four listed incidents. Defence counsel Hugh Hartnett SC argued that under the 2001 Children's Act, detention must be a last resort for juveniles, urging a non-custodial sentence given the offender's age, remorse, and lack of prior convictions. Prosecution counsel Mary Rose Gearty SC highlighted the victim's testimony that the abuse destroyed her childhood and self-confidence. Mr Justice Tony Hunt acknowledged the case was "finely balanced" and distinct from typical rape sentencing, noting the Court of Appeal had recently overturned a suspended sentence for Norwegian Magnus Meyer Hustveit, who pleaded guilty to repeatedly raping his partner while she slept. Mr Justice Hunt adjourned the case to November 28 for sentence, remanding the defendant on continuing bail while explicitly stating that this bail decision was not an indication of the eventual sentence.
The High Court has fast-tracked a second legal challenge against An Bord Pleanála's decision to permit Apple to build a data centre in Athenry, Co Galway. Applicant Brian McDonagh, representing himself, sought to quash the board's August decision, alleging it breaches EU forestry directives. Although McDonagh opposed the fast-track application, citing difficulties in obtaining EU documentation, Mr Justice Brian McGovern admitted the case to the Commercial Court list. Counsel for Apple Distribution International, Rory Mulcahy SC, noted that McDonagh had previously been refused permission to include the forestry argument and has appealed that ruling to the Court of Appeal. The court also heard that a separate action by Sinead Fitzpatrick and Allan Daly, who claim the board failed to conduct a proper environmental impact assessment, was admitted to the list last week. The judge ordered that both cases be heard together next March. Apple describes the proposed facility as critical infrastructure for global data storage, part of an €850m plan for eight data centres in the locality intended to create hundreds of jobs.
A Chinese national, Zhen Dong Zhao, 39, pleaded guilty to manslaughter for the killing of Noel Fegan outside his internet cafe on Wellington Quay on 20 May 2011. The plea was accepted by the State and a sentencing hearing is set for 5 December. Zhao had previously pleaded not guilty to murder but was convicted in 2012 and sentenced to life imprisonment; that conviction was later quashed after a retrial was ordered by the Court of Criminal Appeal for errors in the trial judge's explanation of provocation. Justice Patrick McCarthy granted continuing bail until the sentencing date.
Trevor Gleeson, a 36‑year‑old prison officer from Monasterevin, Co. Kildare, successfully appealed a conviction for possessing drugs. In 2009 he was charged with simple possession of controlled drugs and possession for sale or supply at Grey Abbey Road, Kildare Town. A jury found him guilty of five possession counts but could not reach a verdict on the sale or supply charge; a retrial on that charge ended with a jury discharge after late disclosure of CCTV footage. Gleeson received a wholly suspended 18‑month sentence in 2014. The Court of Appeal ruled that the trial judge erred in instructing the jury on the defence of duress and that CCTV footage, which had existed at the time of the first trial, was improperly withheld. The appeal was allowed on those grounds, with no further determination on other issues such as the Garda investigation. The case remains at the appeal stage. Trevor Gleeson pleaded not guilty.
In a judgment on 11 November 2016, Mr Justice Alan Mahon dismissed an appeal against the 14‑year prison sentence imposed on a 53‑year‑old man for multiple sexual offences. The man had pleaded guilty to one count of rape and six counts of sexual assault of his sister, aged five to nine, between 1978 and 1981, and to five counts of defilement of a child, one count of oral rape and three counts of sexual assault of his niece, aged 14, between 2005 and 2007. Mr Justice Patrick McCarthy had originally imposed consecutive sentences of seven years each, suspending the final two years, on 6 July 2015. The appeal argued that the judge had misjudged the gravity of the offences and ignored mitigating factors; the Court of Appeal upheld the original sentence as "reasonable and appropriate".
A rape victim has applied to the High Court for a freezing order over a €17,225 award that was granted to her attacker, Darius Savickis, by the Court of Appeal. The award was originally €225, increased by the Court of Appeal after Savickis was found liable for assaulting a prison officer while serving a six‑year sentence in Castlerea Prison. Savickis, 46, is a Lithuanian‑born father of two who pleaded guilty in 2009 to orally raping a 23‑year‑old woman in Galway. The victim, who has initiated a civil action for damages, seeks to prevent the award from being dissipated if she is successful. She alleges post‑traumatic stress disorder and claims the award was obtained under circumstances that may be statute‑barred. The High Court has granted her lawyers permission to serve short notice of the proceedings on Savickis and the matter is set to return next week.
Thomas "Slab" Murphy, 67, appealed a conviction for tax evasion related to a cattle farm at Ballybinaby, Hackballscross, Co. Louth. He had pleaded not guilty to nine charges covering 1996/97 to 2004. The Special Criminal Court found him guilty on all counts and sentenced him to 18 months' imprisonment. In the appeal, his barrister John Kearney QC argued that Murphy's brother, Patrick, had controlled the farm since before 1991 and that the authorities had targeted Thomas for tax that Patrick had already paid. Kearney cited documents and banking evidence suggesting Patrick operated the farm and the accounts, and that Thomas had no involvement in cattle farming. He presented 48 grounds of appeal, and the Court of Appeal hearing was scheduled to conclude the following day.