Patrick Keating, 51, was convicted of murdering Joe O'Brien in Waterford in 2012 and sentenced to life imprisonment by Mr Justice Patrick McCarthy in 2013. He appealed, arguing the trial judge had reversed the burden of proof. The Court of Appeal dismissed the appeal, ruling that the judge was entitled to comment on evidence and that any inadequacies were rectified after requisitions. The judge had instructed the jury that where two views were possible, they should hold the view most favourable to the accused, and that the absence of medical evidence regarding a skull fracture was a matter for experts, not for the jury to decide. The Court found no error in the judge's approach and no unfairness in the charge. Consequently, Keating's appeal was dismissed. The case involved conflicting witness testimony about a skull fracture, but the judge's instructions were upheld as adequate. Patrick Keating pleaded not guilty.
Martin Stokes, 25, of Corkhill, Kinnegad, was convicted in 2015 of defilement of a child under 15 and rape of a 14‑year‑old girl in a field in Westmeath on 3 June 2011. A 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 has lodged an appeal against conviction and a separate appeal against sentence. The conviction appeal was adjourned to 5 October 2016 after a late submission from the Director of Public Prosecutions. Martin Stokes pleaded not guilty.
A man's sentence for attempted robbery of a cash-in-transit van has been reduced by the Court of Appeal. Joseph Warren, aged 32, was convicted by jury at Dublin Circuit Court in 2012 of conspiracy to steal cash from a Chubb Ireland van at a Cellbridge supermarket in November 2007. He had also pleaded guilty to possessing ammunition. The original sentence was 14 years with the final three suspended. On appeal, Mr Justice Alan Mahon found the sentencing judge had erred in principle by not adequately reflecting Warren's limited role in the attempted robbery. The court heard that Warren's involvement related primarily to his skill with cutting equipment rather than planning or leadership. Considering prison reports describing him as a model prisoner with strong rehabilitation prospects and family support, the court reduced his sentence to six-and-a-half years for the conspiracy conviction, with his other sentence remaining consecutive. Joseph Warren pleaded not guilty.
The Central Criminal Court has set a trial date for the re-trial of Thomas O'Connor, a 35-year-old man from Burnaby Court, Greystones, Co Wicklow. O'Connor is the appellant in this matter, having previously been convicted of the murder of John O'Brien at Farrankelly Road, Delgany, Co Wicklow, on June 5, 2010. In 2011, he was sentenced to life imprisonment following his conviction at the Central Criminal Court. However, in November 2014, the Court of Criminal Appeal quashed his murder conviction and ordered a retrial. Today, the case was called before the Central Criminal Court, where Mr Justice Patrick McCarthy scheduled the re-trial to commence on December 5, 2016. This procedural step marks the next stage in the legal proceedings following the appellate court's decision to overturn the original finding. The report confirms that the matter is currently at the pre-trial stage, with the specific date for the new trial now established by the presiding judge. No new charges, pleas, or sentences were recorded in this specific court appearance, which focused solely on fixing the timeline for the upcoming re-trial of the accused.
Jonathan Fitzgerald, 26, of Limerick, was convicted of murdering Noel Crawford, a father of six, on December 18, 2006, in a case of mistaken identity. A jury found him guilty and he received a mandatory life sentence on February 9, 2011. Fitzgerald appealed the conviction, but the Court of Appeal dismissed the appeal. The court cited the testimony of Laura Kelly, a prosecution witness who described Fitzgerald and another youth arriving at her home, wearing bullet‑proof vests, and leaving with a shotgun. Kelly heard gunshots and later returned with the youths. She stated that Fitzgerald said, "I got him, I got Paul Crawford." The appeal was rejected because the court found the trial judge had adequately addressed the defence's challenges to Kelly's evidence and had not misled the jury. The appeal was dismissed by Justice George Birmingham, with Justices Garrett Sheehan and Alan Mahon in attendance. Jonathan Fitzgerald pleaded not guilty.
The Court of Appeal ordered a retrial for Romanian national Ciprian Grozavu (42) after finding that the trial judge should have simply answered "yes" to a jury question. Grozavu had pleaded not guilty to the murder of Mr Duke on 12 November 2011 and was convicted of that murder by a jury at the Central Criminal Court, receiving a mandatory life sentence on 17 July 2013. During the trial, the jury asked the judge whether they could find one defendant guilty of murder without prejudicing the verdict in the case of the other defendant, referring to his girlfriend Catherine O'Connor (40). The judge replied that he was only concerned with Grozavu's case, a response the Court of Appeal deemed "of concern" and likely to have confused the jury. The Court therefore set aside the murder verdict and directed a retrial. Grozavu has also appealed his conviction for the murder of John Forrester.
Martin McBride, 47, of Enniscorthy, pleaded guilty in 2011 to possessing €97,000 of cannabis for sale in Cork. He was later caught with €40,000 of cannabis in Wexford. The Cork Circuit Criminal Court sentenced him to seven years, and the Wexford Circuit Criminal Court imposed a mandatory minimum of ten years, consecutive to the Cork offence. McBride appealed in February, arguing he had been hit with a statutory "double whammy" and had no prior convictions. The Court of Appeal, exercising its inherent jurisdiction, found the overall sentence unduly harsh and quashed the original seven‑year Cork term, replacing it with a four‑year term. McBride's final sentence was reduced to 14 years imprisonment, with the Wexford ten‑year term remaining consecutive. The decision was made in the interests of justice and to uphold constitutional principles.
Wayne Ellis, 34, of Landen Road, Ballyfermot, had received a wholly suspended sentence for a third firearms offence in 2014. The sentence was upheld as unduly lenient by the Court of Appeal, which ordered him to serve a five‑year term of imprisonment. The appeal was based on Ellis's previous convictions under the Firearm Act, which require a mandatory minimum of five years for a second offence. The High Court had earlier upheld the constitutionality of that minimum. Ellis had pleaded guilty to possession of a firearm in suspicious circumstances and to other firearms‑related offences at Knocklyon Shopping Centre on 5 July 2012. The Court of Appeal noted that Ellis had been drug‑free for two years and had made significant progress in overcoming his addiction, but the mandatory minimum could not be suspended. The decision was delivered by Mr Justice Garrett Sheehan, with Mr Justice Alan Mahon and Mr Justice John Edwards.
The High Court has adjudicated Breifne O'Brien as a bankrupt following an application made to Ms Justice Caroline Costello. O'Brien, who is currently serving a seven-year prison sentence, had previously pleaded guilty at Dublin Circuit Criminal Court to 14 sample counts of making a gain or causing a loss by deception or theft of approximately €8.5 million between 2003 and 2008. He was sentenced to seven years' imprisonment by Judge Patricia Ryan on October 8, 2014, for inducing others to invest in bogus property deals and a linen shipping insurance scheme, described as a pyramid scheme. His subsequent appeal against the length of that term was dismissed by the Court of Appeal last December. In the current High Court proceedings, O'Brien's counsel stated that he was seeking bankruptcy on his own petition. The court noted that O'Brien owes approximately €25 million in secured debt and €13.7 million in unsecured debt. Ms Justice Costello adjudicated him bankrupt, ruling that no additional statement of affairs was required. However, she ordered that the adjudication be advertised on the Insolvency Service of Ireland's website and in Iris Oifigiúil. O'Brien's solicitor will liaise with the Official Assignee, Mr Chris Lehane, regarding the process.
In April 2011, Melvin McNamara (36), Michael Fogarty (45) and Noel Markham (41) attempted to rob Tadgh O'Flynn Jewellers in Nenagh. McNamara and Markham entered the shop in hoodies and balaclavas, while Fogarty stayed in a stolen VW Passat with false plates. McNamara brandished a firearm and Markham approached the window display. During a struggle, Markham shouted to McNamara to "shoot him"; McNamara fired a shot that lodged in the wall above the shopkeeper's head, though the gun was real. The shopkeeper pressed the panic button and pushed the gun down. The men fled in the getaway car, which Fogarty drove at high speed, leading to a 61‑km pursuit at 180‑200 km/h. The vehicle was eventually stopped in a farm yard. McNamara received a 10‑year sentence, Markham nine years and Fogarty eight years, all of which were upheld on appeal. The Court of Appeal confirmed the sentences were within the appropriate range and found no error. Melvin McNamara pleaded guilty. Michael Fogarty pleaded guilty. Noel Markham pleaded guilty.
Michael Byrne, a 46‑year‑old convicted drug dealer, lost an appeal against a confiscation order. He had claimed €40,000 in bank accounts from "nixers" while working as a tiler. In March 2010 he was sentenced to 17 years after packages of diamorphine worth about €6 million were found in a van. The Director of Public Prosecutions sought to confiscate the €40,253 in his accounts. A forensic accountant testified that Byrne's declared income was about €43,000 net and he spent about €188,000 net during the period in question. Judge Tony Hunt ordered the confiscation on 31 July 2012. Byrne appealed, arguing the judge had admitted a statement lacking evidential value. The Court of Appeal, led by Justice George Birmingham, rejected the appeal, upheld the confiscation order, and affirmed that the funds were likely proceeds of "nixers" or drug trafficking, with no credible alternative explanation provided.
Thomas "Slab" Murphy, a 66-year-old appellant, was told by the Court of Appeal that his application for bail pending an appeal would not be heard. Murphy, who pleaded not guilty to nine charges of failing to comply with tax laws in the Irish Republic, was convicted on all counts by the Special Criminal Court and sentenced to 18 months imprisonment on February 26. His appeal against conviction is scheduled for November 8. During case management procedures, his barrister, Tony McGillicuddy BL, raised the bail application, which had been listed for hearing the following Friday. However, Mr Justice George Birmingham stated that there was no reality to the application being heard. The judge conveyed that the court's view was that the case would not "remotely come close" to meeting the legal threshold for bail. Mr Justice Birmingham noted that Murphy had already been facilitated by receiving a hearing date before his submissions were ready. Consequently, the bail application was effectively dismissed at this procedural stage, and Murphy must wait until the November 8 appeal hearing. Murphy was not present in court for these proceedings.
Joe O'Reilly, who was convicted in 2007 of murdering his wife and sentenced to life imprisonment, has been granted legal aid to pursue an appeal to the Supreme Court. The legal aid certificate was sought by his counsel, Ronan Munro BL, after a 2012 application to have his conviction declared a miscarriage of justice was dismissed as an "abuse of process" by the Court of Appeal. The Supreme Court has no automatic right of appeal in such cases, and the court has indicated that applications for legal aid should be made to the Court of Appeal. Mr Justice Birmingham, sitting with Mr Justice Seán Ryan and Mr Justice John Edwards, dismissed O'Reilly's appeal, stating that the arguments he raised were an "unacceptable strategy" because they were raised after the trial and after his earlier appeal. O'Reilly's application under section 2 of the Criminal Procedure Act was therefore not allowed to proceed to full hearing.
Two Dublin men, Mark Farrelly (46) and Christopher Corcoran (69), were acquitted of a 2005 tiger kidnapping after a trial judge quashed their convictions. Their acquittals were later overturned by the Court of Criminal Appeal, which found the judge had erred in excluding mobile‑phone mast evidence. The Director of Public Prosecutions sought a declaration that the evidence had been wrongly excluded, and the Court of Appeal ordered a retrial. The men are now remanded to appear before the Dublin Circuit Criminal Court to set a trial date. The case has seen four trials, with convictions, appeals, a jury disagreement, and a judge's direction to acquit, raising concerns about fairness and changing legal standards. The Court of Appeal concluded a fair retrial was possible and that justice required it.
Gary Howard, 28, of Dublin's North Inner City, was convicted of murdering Patrick Mooney (58) and Brendan Molyneux (46) on 10 January 2010. He was found guilty after a six‑week trial and received two life sentences on 25 May 2012. Howard appealed on grounds that his arrest, extended detention, and Garda interviews were oppressive and that he was denied access to a solicitor. The Court of Appeal, led by Mr Justice John Edwards, rejected all appeal grounds. The court noted that Howard's 26 Garda interviews were recorded and reviewed, that he was aware of his rights, and that the Gardaí had a legitimate concern for safety. Consequently, the appeal was dismissed and Howard's convictions and sentences remain in force. Gary Howard pleaded not guilty.
Glen Kiely, 29, of Ballymun, pleaded guilty to violent disorder at Balbutcher Lane on 27 November 2013. He was sentenced to three‑and‑a‑half years in prison with the final 12 months suspended by Judge Patricia Ryan on 19 October 2015. On appeal, the Court of Appeal increased the suspended period by 12 months, making the total suspended period 24 months. The three‑judge panel, led by Mr Justice Garrett Sheehan, found that the original judge had not given sufficient credit for Kiely's progress in overcoming addiction, securing employment at the Dogs Trust and completing a detoxification programme. Kiely must remain of good behaviour for two years after release; if he fails, he will be returned to prison for two years. He entered a good‑behaviour bond for the suspended period and agreed to abide by it.
Richard Molloy, 45, of Naas, pleaded guilty in Dublin Circuit Criminal Court to possession of equipment for producing counterfeit €20,000 in bills sold to an alleged IRA member, and was found to have prepared an additional €2 million. He was sentenced to six years' imprisonment by Judge Patricia Ryan on 6 November 2015. Molloy's counsel, Giollaíosa Ó Lideadha SC, has appealed, seeking a reduced sentence and a suspended portion, arguing that the judge did not consider Molloy's rehabilitation prospects, his alcohol‑related mental state, and his role as a caring father to a 12‑year‑old child. The Director of Public Prosecutions, Vincent Heneghan BL, noted that the counterfeit money was exchanged with "members of the IRA" and that a follow‑up search uncovered €189,000 in complete notes and an additional €2 million in preparation. Judge Garrett Sheehan, sitting with Justices Alan Mahon and John Edwards, said the Court of Appeal would decide next Thursday.
Liam McCann, aged 26, pleaded guilty to false imprisonment, damage to a house and unlawful taking of a car at a woman's home near Scarawalsh, Co. Wexford, on 11 August 2014. He had been drinking and taking drugs for two or three days before the incident. McCann forcefully entered the victim's home at 4 pm, threw himself against a living‑room window, climbed in, put two young children into a cupboard, took two knives, and threatened the woman. He stole her car, crashed it into a wall, attempted to stop passing motorists, and waded across the River Slaney before being apprehended at Gorry Garda Station. He was sentenced to three years' imprisonment, with the final six months suspended. His appeal against the sentence was dismissed by the Court of Appeal, which held that the term reflected the seriousness of the offence.
Donal Ryan, 49, of Kingsfort Avenue, Mallow, pleaded guilty in 2014 to possessing almost €100,000 worth of cannabis for sale or supply at Annakissa, Co Cork. He was sentenced to eight years' imprisonment, with the final two years suspended. Ryan appealed the sentence, but the Court of Appeal dismissed the appeal, ruling that the eight‑year term was within the available range. The court noted that Gardaí had conducted a surveillance operation targeting Ryan, who was observed at an isolated church and later arrested when cannabis worth €96,000 was seized from a van. Ryan claimed he was a "collector and store man," a role the judge deemed higher than mere storage. His barrister argued that the Criminal Assets Bureau had returned his Q7 jeep and that his partner was working, but the court found no error in the sentencing decision. The appeal was dismissed by Justices Birmingham, Sheehan and Edwards.
Paul Mason, 28, pleaded guilty to trespassing with intent to commit a criminal offence at a house on the Tuam Road, Galway, on 13 October 2013. He was sentenced to three years imprisonment by Judge Rory McCabe on 8 October 2015. On appeal, Mr Justice Garrett Sheehan set aside the original term and imposed a new three‑year sentence with the final 18 months suspended. Mason must enter a good‑behaviour bond for the suspended period. The Court of Appeal noted that the injured party was at home with family when the incident occurred, was assaulted by four men, and was threatened with a bomb if he did not cooperate. Mason was identified in an identification parade and admitted to being in the home but denied giving any message. The Court considered Mason's low risk of reoffending and his health‑related unsuitability for community service. The suspended portion was specifically 18 months, leaving a 30‑month custodial term.
The Director of Public Prosecutions will argue before the Court of Appeal in November that a 12-year prison sentence imposed on a man for attacking his estranged wife was "unduly lenient". Pearse McAuley, aged 50 and resident in Ballyconnell, Co Cavan, pleaded guilty to serious assault and false imprisonment of his estranged wife, along with related offences committed at their former home in Kilnaleck on Christmas Eve 2014. He was sentenced at Cavan Circuit Criminal Court in December 2015 to 12 years imprisonment, with the final four years suspended. The DPP seeks a review of the sentence on grounds of undue leniency. Mr Justice George Birmingham set November 7 as the hearing date during case management procedures at the Court of Appeal. McAuley was not present for the procedural matter.
Kenneth Shanny, a 39‑year‑old tax advisor from Dunshaughlin, was sentenced to three years' imprisonment for aiding and abetting the filing of incorrect VAT returns and claiming tax relief between November 2009 and April 2010. The judge suspended the final 18 months of the sentence. Shanny had previously served a sentence for theft from 2011 to 2012. He pleaded guilty at Trim Circuit Criminal Court and was found to have processed VAT returns for two clients, intending to divide €62,000 recovered from the tax authorities. The Court of Appeal dismissed his appeal, ruling that the sentence lay within the available range. The appeal was heard by Justices Alan Mahon, George Birmingham and Garrett Sheehan. The decision was based on the seriousness of the breach of trust and the substantial loss to the Revenue. The appeal was dismissed.
Patrick Moran, a 40‑year‑old financial controller from Knocklyon, was jailed for stealing €281,000 from Deutsche Bank by using his company credit card without authorisation, falsifying documents and submitting false records to AIB to raise the card limit. He pleaded guilty to charges of stealing cash, falsifying documents and using a false instrument between November 2011 and January 2013. In July 2015 he received a three‑year prison sentence from Judge Martin Nolan. On appeal, Justice Alan Mahon re‑sentenced him to three years imprisonment with the final 12 months suspended, citing his first‑time offender status, lack of prior convictions, and evidence of rehabilitation. Moran admitted the fraud, diverted funds to a PayPal account and ultimately to his own account, causing a loss of about €281,000. The Court of Appeal also required him to enter a good‑behaviour bond. The civil judgment and costs remain against him.
Brian McDonagh, aged 25, was convicted of dangerous driving causing the death of his 19‑year‑old friend Thomas McDonagh in a single‑vehicle crash near Kylemore, Connemara, on 2 February 2014. He also pleaded guilty to driving without insurance. The original sentence was 10 years' imprisonment, with the final two years suspended, and a 20‑year driving disqualification. On appeal, the Court of Appeal found the maximum sentence excessive and noted that a psychiatric report showing McDonagh's remorse had not been considered. The sentence was reduced to eight years' imprisonment, with the final two years suspended, and he was required to enter a good‑behaviour bond for the suspended period. The driving disqualification remains in force. The appeal did not alter the fact that the incident involved an uninsured, unroadworthy, overloaded car and that McDonagh was two‑and‑a‑half times over the alcohol limit.
In July 2016 the Court of Appeal dismissed an action by Tipperary‑based solicitors who sought the reopening of the historic Tipperary Town courthouse. The lawyers argued that the Courts Service, under the Court Services Act 1998, had a statutory duty to maintain and provide the courthouse, and that the State's failure to do so breached the rights of the public, court staff, the judiciary and the legal profession. The Courts Service had closed the building in 2010 after it fell into disrepair, citing a lack of resources, and had provided alternative venues for court sittings. Mr Justice George Birmingham in the High Court refused to make the requested declarations and rejected the claim of a statutory duty to provide particular facilities at a particular location.
In County Clare, a 26‑year‑old man was originally sentenced to 18 years' imprisonment for serial sodomisation of a six‑year‑old girl between 2009 and 2012, with five years suspended. His appeal argued the starting point was too high. The Court of Appeal, led by Mr Justice George Birmingham, found the original 18‑year sentence "out of line" with comparable cases and recommended a 15‑year starting point. The judge then reduced the sentence to 12 years, suspending the final two years for the rape offences. A separate eight‑year sentence was imposed for the sexual assault count, to run concurrently, and two years of post‑release supervision were added. The defendant entered a good‑behaviour bond and agreed to comply with it. The decision reflects the court's assessment of the plea, the defendant's youth, family circumstances, and progress in prison. The unnamed 26-year-old pleaded guilty.
A 62‑year‑old Dublin man, whose name cannot be disclosed, pleaded guilty in the Central Criminal Court to 11 counts of indecent assault on two girls between 1978 and 1987. He was sentenced to nine years' imprisonment by Mr Justice Paul Carney on 27 February 2014. His barrister, Caroline Biggs SC, has now filed an appeal against the sentence, arguing that the judge erred in structuring the sentence and failed to consider significant mitigating factors. Ms Biggs contends that the starting point of the sentence before mitigation was unclear, that consecutive sentences were unnecessary, and that the maximum penalty for the offences should have been ten years rather than the two years believed. She also notes that the defendant had no prior convictions, was rendered homeless for four years, and that a psychological report indicating remorse was ignored.
The Court of Appeal has overturned a Circuit Court ruling that a man was unfit to stand trial for dangerous driving causing death. Robert Harrison, aged 25, of Shantonagh in Monaghan, faces charges relating to a collision at Drung, Cootehill, County Cavan in November 2009, in which a passenger died and another was seriously injured. Judge Pauline Codd had determined in July 2014 that Mr Harrison was unfit to be tried. The Director of Public Prosecutions appealed that determination. Mr Justice John Edwards, delivering judgment, found the original ruling was erroneous in principle. He stated that the trial judge had conflated the question of fitness to plead with whether a fair trial could be afforded, and that the public interest in prosecution had not been properly weighed against the defendant's trial rights. The court indicated the case should proceed to trial, with the trial judge to review its viability. Mr Harrison was remanded on bail pending the next sitting of Cavan Circuit Criminal Court in November.
Gerrit Plug, a 59-year-old Dutch national, has appealed his conviction for breaching European Union fishing regulations in Irish waters. Plug was found guilty by jury at Letterkenny Circuit Criminal Court of failing to record estimated discards exceeding 50 kilograms, discarding quota-restricted species, and exceeding maximum spacing requirements in water separators aboard the Annelies Ilena between November 22 and 25, 2013. He was sentenced to a fine of €105,000 in March 2015. At the Court of Appeal in Dublin, Plug's counsel challenged the conviction on multiple grounds, questioning whether the prosecution had proven the fish were discarded into the sea rather than merely present on the vessel, and arguing the trial judge erred in legal interpretations regarding logbook offences and water separator regulations. The Director of Public Prosecutions defended the conviction, citing substantial evidence including photographic material and witness testimony from Sea Fisheries Protection Officers. The three-judge panel reserved judgment. The prosecution has separately applied for review of sentence, contending the fine was unduly lenient. Gerrit Plug pleaded not guilty.
In a High Court case, retired judge Barry White (71) argues that a Bar Council rule preventing him from practising as a barrister in courts equal to or below the ones he once presided over is unconstitutional. The rule, based on an 85‑year‑old Supreme Court decision involving former Appeal Court judge James O'Connor, bars retired judges from private practice in courts equal to or lower than their former courts. White, who served on the Central Criminal Court for over a decade before retiring in 2014, claims the rule infringes his constitutional rights to work and earn a livelihood, and is anti‑competitive and disproportionate. He has offered undertakings to avoid conflicts, such as not handling cases he previously presided over or using confidential information. The Bar Council, represented by Michael Collins SC and Paul Sreenan SC, seeks to dismiss the action, asserting the rule protects the integrity of the justice system.
The Court of Appeal upheld the five‑year suspended sentences imposed on Warren Bale, 45, of Castlecurragh Vale, and his nephew Kaide Fowler, 28, of Deanstown Avenue, Finglas, for their roles as "pickers" in a cannabis‑grow‑house operation. The DPP had appealed the sentences, arguing that the judge had not considered the commercial scale of the operation and had failed to weigh aggravating factors. Mr Justice Garrett Sheehan, sitting with Mr Justice John Edwards and Mr Justice Paul Butler, ruled that the trial judge had fully appreciated the seriousness of the offences and the damage caused by drug abuse. He noted that Bale's early guilty plea and lack of prior convictions were not alone sufficient for a suspended sentence, but his dependence on cannabis after a serious road‑traffic accident and subsequent addiction were mitigating.
Brian Reilly, 20, of Boyne View, Navan, was convicted of reckless endangerment and theft of a vehicle after he stole a post van and drove over a postman's foot on 22 August 2013. In March 2015 Judge Patrick McCartan imposed consecutive sentences of five years for the endangerment and four years for the theft, suspending the last three years to deter re‑offending. Reilly appealed, and on 5 July 2016 the Court of Appeal, led by Justice Garrett Sheehan, found that the judge had not identified a headline offence and had not explained why a consecutive sentence was necessary. The appeal court also could not determine how mitigation and Reilly's guilty plea had been considered. Reilly's sentence was reduced to six years, with the final eighteen months suspended for the endangerment and three years for the theft, the sentences running concurrently and back‑dated to 11 September 2014.
Andrew Smith, a 24‑year‑old mechanic from Navan, pleaded guilty to assault causing harm to his girlfriend Chloe Cherry on 27 October 2013. The original sentence of two‑and‑a‑half years, with six months suspended, was imposed by Judge Michael O'Shea on 18 June 2015. Smith appealed, arguing that the sentencing judge failed to resolve a factual conflict regarding an alleged incident in which he supposedly locked Cherry in a dog cage. The Court of Appeal, led by Mr Justice Alan Mahon, found that the judge had not conducted a "Newton type hearing" and had accepted the victim's account of the dog‑cage allegation as true, an error in principle. Consequently, Smith was re‑sentenced to two years' imprisonment, with 15 months suspended, and was required to enter a good‑behaviour bond for the suspended period. The appeal did not alter any other aspects of the case.
The High Court has authorised the Minister to deport a man alleged to be the main recruiter for ISIL in Ireland. The State claims he is a key organiser and facilitator of extremist travel and recruitment. He denies any contact with senior extremist leaders, denies posing a threat to national security and denies recruiting for extremist groups. He says he was tortured in Jordan in the 1990s and fears further torture if returned. Mr Justice Richard Humphreys refused the man's applications to appeal to the Court of Appeal, to refer the case to the European Court of Human Rights, and to stay the deportation order. The judge agreed with the Minister that no exceptional point of law had been raised. The man, who has lived in Ireland since 2000 on the basis of an Irish‑citizen child, was not present at the hearing.
Brian McDonagh, aged 25, was convicted in Galway Circuit Criminal Court of dangerous driving causing the death of Thomas McDonagh, aged 19, in a single‑vehicle crash near Kylemore on 2 February 2014. He pleaded guilty and was also found guilty of driving without insurance. Judge Rory McCabe sentenced him to 10 years' imprisonment, with the final two years suspended, and imposed a 20‑year driving disqualification. McDonagh's counsel, Vincent Heneghan, appealed, arguing the judge erred by imposing the maximum sentence and had not considered a psychiatrist's report indicating genuine remorse or McDonagh's background and alcohol abuse. The Director of Public Prosecutions, Sinead Gleeson, highlighted aggravating factors: McDonagh was on a pub crawl, two‑and‑a‑half times over the limit, disqualified, uninsured, driving an unroadworthy, overloaded vehicle, and was uncooperative at the scene. The appeal will be heard next Friday.
The Court of Appeal has dismissed the appeal against conviction lodged by Joesph Warren, a 32-year-old man from Ballymun. Warren had pleaded not guilty to conspiring to steal cash from Chubb Ireland at a Tesco supermarket in Cellbridge on November 2, 2007. He had previously pleaded guilty to possessing ammunition in Ballymun in 2009. A jury at Dublin Circuit Court found him guilty of the conspiracy charge, and Judge Patrick McCartan sentenced him to 14 years' imprisonment, with the final three years suspended. Warren's legal team argued the trial was unfair because the Director of Public Prosecutions allegedly "cleansed" the jury by excluding potential jurors from Ballymun, Cabra, and Finglas. Mr Justice Alan Mahon, sitting with Mr Justice George Birmingham and Mr Justice Garrett Sheehan, rejected this contention. The judge noted that Warren was identified as a pall bearer at the funeral of the alleged gang leader, indicating a close relationship inconsistent with claims of involuntary involvement. The Court of Appeal determined that the exclusion of jurors from specific areas was a pragmatic exercise in case management to ensure impartiality, falling within the trial judge's discretion. The judges concluded that the Circuit Court judge acted appropriately and that Warren had been found guilty after a very fair trial.
Francis McLoughlin and Brian Wynne, otherwise Bernard, have had their appeals against convictions for historical sexual abuse adjourned. The men were found guilty by a jury at Sligo Circuit Criminal Court of indecently assaulting young boys in a period ending in January 1973. McLoughlin, who was found guilty of assaulting two boys, was sentenced to four years imprisonment with the final six months suspended. Wynne, who pleaded not guilty to assaulting one boy, received a wholly suspended two-year sentence. Both sentences were imposed by Judge Petria McDonnell on October 13, 2014. In their appeals, counsel argued that the convictions were unsafe due to trial mismanagement, including the refusal to order separate trials and issues regarding system evidence and corroboration. McLoughlin's lawyer contended that his client was prejudiced by being tried alongside Wynne, while Wynne's counsel highlighted the lack of system evidence in his client's case and alleged the trial judge inverted the burden of proof. The Director of Public Prosecutions countered that the alleged system of abuse was unusual and that Wynne was part of that system. The Court of Appeal, comprising Mr Justice George Birmingham, Mr Justice Garrett Sheehan, and Mr Justice Alan Mahon, reserved its judgment, meaning the matter was adjourned and not concluded.
The Court of Appeal has adjourned the appeal against conviction lodged by Michael Murray, a 44-year-old man formerly of Killiney, Dublin, who was found guilty in 2013 of rape, attempted rape, oral rape, aggravated sexual assault, child abduction, threats to kill, false imprisonment, and theft. Murray was sentenced to 15 years' imprisonment for offences committed in February 2010. The Director of Public Prosecutions is seeking a review of this sentence on grounds that it was "unduly lenient." Mr Justice Birmingham stated that, given Murray's apparent lack of enthusiasm for his conviction appeal, the court may proceed with the DPP's undue leniency application first, departing from the normal practice of hearing conviction appeals before sentence appeals. The matter was put in for case management on Friday. Separately, Murray's earlier appeal against the dismissal of his High Court action against the Irish Prison Service and the Minister for Justice was dismissed by the Court of Appeal in March. That action concerned the recording of his prison telephone calls; both courts found the recording inappropriate but noted it was made inadvertently and not accessed, awarding costs against Murray.
Breifne O'Brien, 54, was jailed for inducing others to invest millions in bogus property deals. He pleaded guilty to 14 counts of deception or theft, amounting to about €8.5 million between 2003 and 2008, and was sentenced to seven years' imprisonment by Judge Patricia Ryan on 8 October 2014. His appeal against the sentence was dismissed by the Court of Appeal in December, which upheld the seven‑year term as appropriate. During case‑management proceedings today, his counsel, Barry Murphy BL, sought legal aid to apply to the Supreme Court for leave to appeal the unsuccessful appeal. The Supreme Court application was lodged on 25 May 2016. The case is scheduled for mention on 22 July, when a panel of three judges will hear the matter. No further procedural developments were reported.
James O'Donovan, aged 30, of Athy, Co Kildare, was found guilty of dangerous driving causing the deaths of his girlfriend Rosanna Potts (22) and Teresa Kiely (49) on 27 December 2012. He had pleaded not guilty and was originally sentenced to seven years' imprisonment by Judge Leonie Reynolds on 2 March 2015. On appeal the Court of Appeal deemed the sentence "unduly severe" and ruled that O'Donovan's defence, which sought to attribute blame to Ms Potts, was not an aggravating factor. The Court therefore resentenced him to five years' imprisonment with the final year suspended, reduced his 30‑year driving disqualification to 12 years, and required a good‑behaviour bond. The case involved expert testimony that the Mitsubishi Pajero he was driving entered the wrong side of the road and collided with a Toyota Prius, killing Ms Kiely and injuring her daughter.
The High Court has dismissed the legal challenge of an unnamed man, who is alleged by the State to be the main recruiter for Isil in Ireland, aimed at preventing his deportation to Jordan. The defendant denies these accusations, rejecting claims that he facilitates extremist travel or poses a national security threat. He argued that deportation would breach Article 3 of the European Convention of Human Rights, citing past torture in Jordan during the 1990s and a real risk of future ill-treatment. The man, who has resided in Ireland since 2000, sought to set aside the deportation order and compel the Minister to process his asylum application. Mr Justice Richard Humphreys dismissed all grounds of the action, finding that the defendant failed to persuade the Minister of the veracity of his account of previous ill-treatment or the risk of future abuse. The judge determined that the Minister's decision was not unreasonable and contained no illegality in her assessment. The Minister opposed the action, rejecting arguments that she failed to properly consider the risk of torture. Following the dismissal, the judge adjourned the matter for one week to determine if the judgment will be appealed to the Court of Appeal.
In a 2016 appeal, the Court of Appeal reserved judgment on both the judicial review of the Director of Public Prosecutions' (DPP) decision not to prosecute Eric Eoin Marques in Ireland and Marques' appeal against an extradition order to the United States. Marques, a 30‑year‑old Dublin resident, is alleged by the FBI to be the owner of the anonymous hosting site Freedom Hosting and faces U.S. charges of conspiring to distribute and advertise child pornography. He has been in custody since August 2013, and his surrender was ordered by the High Court in December 2015 but stayed pending appeal. The Irish Human Rights and Equality Commission, represented by Michael Lynn SC, argued that the DPP must give reasons for its decisions or, if it chooses not to, must explain why. The Court, sitting with Justices Peart, Birmingham and Sheehan, declined to decide on either appeal at that time, noting the Commission's impartial role in both matters.
In a 2016 Court of Appeal hearing, lawyers for Eric Eoin Marques, a 30‑year‑old Irishman accused by the FBI of running a child‑pornography site, argued that the Director of Public Prosecution (DPP) no longer had a "quasi‑immunity" to refuse to give reasons for its decision not to prosecute him in Ireland. Marques, who has been in custody since 2013 and whose extradition to the United States was ordered by the High Court, appealed a judicial review of the DPP's refusal. Counsel Micheál P O'Higgins cited the Supreme Court's *Murphy* decision, which required the DPP to provide reasons for prosecutorial decisions, and argued that the refusal was unjustifiable. The DPP's counsel, Patrick McGrath, countered that no constitutional right was infringed and that the refusal was based on public‑interest considerations. The case was set to resume the following day.
In a 2016 appeal, lawyers for Eric Eoin Marques, a 30‑year‑old Irishman accused by the FBI of running the "largest facilitator of child porn in the world," argued that surrendering him to the United States would violate his fair‑trial rights. Marques, who has been in Irish custody since August 2013, faces charges for conspiring to distribute and advertise child pornography on anonymous sites. His counsel, Micheál P O'Higgins SC, claimed that U.S. sentencing could consider uncharged or acquitted conduct, potentially leading to a "flagrant denial of justice." He cited U.S. case law and international standards, including the European Convention on Human Rights, to support the claim that such practices would be unlawful. The Attorney General's counsel, Patrick McGrath SC, dismissed the allegations as speculative, stating that U.S. judges are not obliged to enhance sentences with uncharged conduct and that no real risk of a denial of justice existed.
Ciprian Grozavu, a 42‑year‑old Romanian, was convicted of murdering Jonathan Duke in Bandon on 12 November 2011 and received a mandatory life sentence from Mr Justice Paul Carney on 17 July 2013. He has now filed an appeal in the Court of Appeal. His barrister, Thomas Creed SC, argued that the trial judge failed to give the jury a clear option to return a manslaughter verdict, potentially prejudicing another case, and that the judge incorrectly addressed the jury on common design and did not discharge them at the end of the prosecution's case. The Director of Public Prosecutions' counsel, Timothy O'Leary SC, maintained that the trial was never a murder/manslaughter trial and that the defence had always claimed Grozavu did not commit the murder. The three‑judge panel, consisting of Mr Justice George Birmingham, Mr Justice Alan Mahon and Mr Justice John Edwards, has reserved judgment on the appeal. Ciprian Grozavu pleaded not guilty.
James O'Donovan, 30, of Athy, Co. Kildare, is appealing a conviction and seven‑year prison sentence for dangerous driving that caused the deaths of his girlfriend Rosanna Potts, 22, and Teresa Kiely, 49, on 27 December 2012. The case was heard at Naas Circuit Criminal Court, where a jury found O'Donovan guilty of causing the fatal crash on a straight, dry stretch of road in daylight. The car veered into a ditch, travelled along it, then zig‑zagged back onto the road, spinning three times before colliding with a second vehicle carrying Kiely and her daughter. O'Donovan claimed his girlfriend was arguing with him and that she had pulled at his hoodie, but the court described his attempt to blame her as "utterly reprehensible." In the appeal, his counsel argued that conflicting forensic collision expert opinions left the exact cause of the accident uncertain and that the jury should have chosen the version most favourable to the accused. James O'Donovan pleaded not guilty.
In a Court of Appeal hearing, Andrew Smith (24) contested the claim that he had locked his girlfriend, Chloe Cherry, in a dog cage during an assault. Smith, who pleaded guilty to assaulting Cherry on 27 October 2013, was sentenced in June 2015 to two and a half years in prison, with the final six months suspended. His lawyer, Patrick McCullough BL, argued that the cage allegation was a disputed fact denied by Smith and that the judge treated it as an aggravating factor without investigating it. He also claimed the trial judge failed to consider rehabilitation, Smith's lack of prior convictions, early guilty plea, remorse, and compensation offered. The State's lawyer, Orla Crowe BL, maintained the cage claim was part of the evidence and that it was the defence's responsibility to challenge it. The judge reserved judgment until 5 July.
An ex‑soldier aged 42, whose lawyers argued that indecent proposals or behaviour did not amount to sexual assault, had his appeal against a court‑martial dismissed by the Court of Appeal. He had been convicted on a charge of sexual assault and four charges of conduct contrary to good order and discipline at Aiken Barracks, Dundalk, on 30 October 2013. The Defence Force board imposed penalties ranging from fines to detention and discharge. In the appeal, the barrister contended that indecent proposals or behaviour do not constitute a sexual assault. Justice Alan Mahon rejected this, describing the victim's account of the soldier's repeated unwanted advances, including entering a female changing area and shower cubicle while undressed, exposing himself, and the victim's feelings of fear, discomfort and violation. The Court of Appeal found the evidence sufficient to uphold the original conviction and dismissed the appeal. The former soldier remains on continuing bail pending his sentence hearing.
Folajimmy Awode, 32, of Ballinteer House, Tyrellstown, Dublin, was convicted of sexually assaulting a female patient while employed as a care assistant at Mater Private Hospital, Eccles Street, Dublin, in November 2013. He pleaded not guilty at the Dublin Circuit Criminal Court. A jury found him guilty and Judge Patricia Ryan sentenced him to two years' imprisonment, with the final six months suspended, on 21 July 2015. Awode has now filed an appeal against the conviction. His counsel, Kevin White BL, argues that the trial judge erred in her directions to the jury, failing to explain the nature and purpose of complaint evidence, its relevance to consistency rather than facts, and the role of corroboration. White also contends the judge did not adequately present the defence's case, which alleged that the complainant was mistaken or "dreaming" and that Awode was entitled to be on the ward.
A 40‑year‑old married father of three from Munster, who had been convicted of threatening a sex worker in 2010, had his 18‑month jail term reduced to nine months on appeal. He had pleaded not guilty to two counts of threatening or putting a witness in fear between April 29 and May 28, 2010. A jury found him guilty after a six‑day trial and he was sentenced to three years' imprisonment, with 18 months suspended, by Mr Justice Patrick McCarthy on 25 January 2016. On appeal, the Court of Appeal held that insufficient weight had been given to his status as a first‑time offender and to the severe impact incarceration would have on his very young family. Mr Justice Alan Mahon noted that the man had sent "lurid and threatening" messages to the sex worker, threatening to expose her work to her family and neighbours unless she withdrew criminal allegations.