Waldemar Solowiow, a 49‑year‑old Polish national, was convicted of murdering his 37‑year‑old girlfriend, Mary Ryan, in his Dublin bedsit on 18–19 May 2012. Ryan died from neck compression and head trauma after a physical altercation. Solowiow admitted killing her but denied murder, claiming provocation. He received a mandatory life sentence in October 2013. In 2015 he appealed, arguing the trial judge misdirected the jury on provocation. The Court of Appeal dismissed the appeal, upholding the conviction. The judges found the judge's instructions on provocation adequate and noted that Solowiow had admitted the killing. They also rejected other grounds, including alleged false statements to Gardaí and the handling of expert evidence. Solowiow remains in custody to serve the remainder of his life sentence.
Martin Doyle, 25, of Mount Eden Rise, Cork, pleaded guilty to burglary and arson at the home of an 81‑year‑old widower on Blarney Street on 15 October 2014. He had previously received a three‑year robbery sentence that was fully suspended to encourage treatment for heroin addiction. The Circuit Court reactivated that sentence and, on 17 June 2015, imposed a seven‑year term with the final two years suspended, giving Doyle a net ten‑year sentence with two years suspended. The Court of Appeal upheld the sentence, ruling it could not be described as excessive. The burglary and arson were deemed "extremely serious"; the victim, now 85, was left homeless for seven months and suffered loss of personal memorabilia. Doyle had 25 prior convictions and had been imprisoned eight times. The appeal was dismissed.
In 2015, former Anglo Irish Bank Chief Operations Officer Tiarnan O'Mahoney was convicted by a Dublin Circuit Criminal Court jury of conspiring to conceal or alter bank accounts sought by Revenue. He was jailed for three years. The Court of Appeal quashed the conviction and ordered a retrial. O'Mahoney, aged 57, was remanded on continuing bail until July 22, 2016, with a trial date set for October 24, 2016 and a provisional date of October 9, 2017. Judge Melanie Greally noted the case was expected to last six weeks and would be scheduled either in October or November 2016, or October 2017 if not ready earlier. The Court also addressed legal costs, awarding costs for the appeal and ancillary applications but reserving costs for the retrial. The case remains pending, with the retrial to be held before Judge Greally. Tiarnan O'Mahoney pleaded not guilty.
The Court of Appeal has reserved judgment on whether to return Jordan O'Donovan, 21, to jail for a nightclub glass assault. O'Donovan pleaded guilty to assault causing serious harm to another man in a Cork nightclub on 27 December 2013. He was sentenced at Cork Circuit Criminal Court to three years imprisonment, with the final two years suspended by Judge Seán Ó Donnabháin on 28 October 2014. The Director of Public Prosecutions (DPP) appealed, arguing the sentence was "unduly lenient". DPP counsel Donal O'Sullivan BL said O'Donovan struck a young man with a glass, causing severe facial injuries that required surgery, and that the Circuit Court judge erred in not stating the offence's severity on the scale. He claimed the custodial element was "significantly out of kilter" and that a starting point of four to seven years is required for mid‑range serious assaults.
Cathal Gartland, 42, of Dundalk, was sentenced to five years' imprisonment for assaulting and threatening to kill his daughter while in possession of a Magnum hand‑gun. The Dundalk Circuit Criminal Court, Judge Michael O'Shea, imposed the sentence on 20 May 2015, with lesser sentences running concurrently. The Director of Public Prosecutions appealed, arguing the sentence was "unduly lenient", but the Court of Appeal dismissed the application, stating the sentence lay within the margin available to the sentencing judge. Judge Garrett Sheehan explained that Gartland had assaulted his youngest daughter after learning she was intoxicated and behaving inappropriately. He slapped her, used a .357 calibre Magnum Smith and Wesson, threatened to drown, kill and kneecap her, and forced her into a taxi. The daughter sustained multiple injuries, required crutches for four months, and later was taken to hospital. Gartland had prior convictions for firearms possession and assault. Cathal Gartland pleaded guilty.
Circuit Court Judge Patrick McCartan has agreed to recuse himself from the trial of Sean FitzPatrick, who faces 27 alleged offences under the 1990 Companies Act. Mr FitzPatrick, 66, of Greystones, Co Wicklow, has pleaded not guilty to these charges, which include 21 counts of making misleading, false, or deceptive statements to auditors and six counts of furnishing false information between 2002 and 2007. The recusal follows a High Court application by the defence, prompted by Judge McCartan's previous presiding role in the trial of three Anglo Irish Bank officials who were jailed for one to three years. Although the Court of Appeal later quashed the convictions of two of those accused, Bernard Daly and Tiarnan O'Mahoney, the defence sought a new judge for this case. Judge McCartan initially refused to step aside but agreed to do so after being directed by the High Court to consult with Circuit Court President Mr Justice Richard Humphreys. Judge Rory McCabe has now been assigned to take the case. Judge McCabe stated he is anxious for the trial to proceed in late May. The proceedings are expected to last three months and will require a specially enlarged jury of 15 members. The matter remains at the pre-trial procedural stage with the trial yet to commence.
In 2016, Andrew Gibney, aged 23, appealed his murder conviction for the 2012 stabbing of Gerard Burnett, aged 28, in Mulhuddart. Gibney had pleaded not guilty but was found guilty by a jury 10‑2 and sentenced to mandatory life imprisonment. His counsel, Giollaíosa Ó Lideadha SC, argued that a miscarriage of justice occurred, citing the UK Supreme Court's Jogee decision that clarified joint enterprise law. Ó Lideadha contended that Gibney's intent was to harm, not kill, and that the jury was denied the opportunity to consider a partial defence. He also challenged the admissibility of a witness statement that alleged Gibney said he would "kill" Burnett. The appeal was adjourned for a later hearing.
Michael Lowry, 60, of Glenreigh, Holycross, Co. Tipperary, has withdrawn an appeal against the High Court's refusal to halt his tax trial. He faces charges at the Dublin Circuit Criminal Court for allegedly filing incorrect tax returns in 2003 and 2007. The High Court had dismissed his judicial review, citing the arguments as lacking substance. Lawyers for Lowry informed the Court of Appeal that the appeal was withdrawn, and he was ordered to pay legal costs for the unsuccessful High Court action.
Shahzad Hussain, aged 35, was sentenced to nine years' imprisonment at the Central Criminal Court for the manslaughter of Muhammad Arif, 32, whom he believed was having an affair with his wife. Hussain had previously been jailed for life for the murder of his wife's cousin and for a life sentence for the murder of a distant relative. He also received a seven‑year sentence for serious injury to his wife, Rashida Bibi Haider, 44, and a two‑year sentence for assaulting her in January 2011. In July 2014 the Court of Criminal Appeal quashed his murder conviction, citing a "very real risk of injustice" in the jury's understanding of provocation. A retrial was ordered, and at the retrial Hussain pleaded not guilty to murder but guilty to manslaughter.
In 2012 the Special Criminal Court convicted Wayne Dundon (37) of threatening to kill Alice Collins' sons and of intimidating potential witnesses, sentencing him to six years' imprisonment. His brother John (33) was convicted of threatening to kill April Collins and received five‑and‑a‑half years. Both appealed. The Court of Appeal reserved judgment but rejected preliminary motions to add evidence and to broaden Wayne's grounds of appeal. The court said the threshold for materiality had not been met. Wayne's counsel argued the prosecution failed to disclose material from a later murder trial, including telephone calls with Alice Collins and evidence of April Collins' driving offences. The appeal also addressed alleged inconsistencies in witness statements and the court's handling of evidence. The Court of Appeal will give reasons later. No outcome of the appeals is reported in the article.
In 2016 the Special Criminal Court upheld the convictions of Wayne Dundon and Nathan Killeen for the 2009 murder of Roy Collins. Dundon, aged 37, ordered the killing from prison, while Killeen, aged 26, drove the getaway vehicle. Both pleaded not guilty but were found guilty after a 29‑day trial and sentenced to life imprisonment on 15 July 2014. Their defence sought further disclosure of taped telephone calls made by prosecution witnesses during the three‑and‑a‑half years before the trial. Judge George Birmingham refused the motion, stating that any questions about disclosure would be addressed in the full appeal hearing. The court noted that the Special Criminal Court had already limited disclosure to calls relevant to specific events and that the recordings contained "explosive material". The defence argued the calls undermined witness credibility and could lead to a quashing of the convictions, but the court declined to order additional disclosure at this stage.
In 2016 the Court of Appeal heard Wayne Dundon's appeal against a 2012 conviction for threatening to kill Alice Collins and her sons. Dundon, aged 37, was found guilty by the Special Criminal Court of threatening to kill or seriously harm the Collins children and of intimidating potential witnesses. His brother John, aged 33, was also convicted of threatening to kill April Collins. Both were sentenced to six and five‑and‑a‑half years' imprisonment respectively. Dundon's counsel, Michael Bowman SC, sought to add new grounds to the appeal, citing telephone recordings made while Dundon was in prison and questioning the reliability of witness Gareth Collins' testimony. Bowman also alleged that the Collins family could have fabricated statements and that CCTV cameras may have been non‑functional. The Director of Public Prosecutions objected, and the judges ruled that any additional grounds must be presented as a formal motion before the full hearing tomorrow.
Shahzad Hussain, 35, of Woodland Avenue, Mosney, Co Meath, pleaded guilty to killing a man he suspected of having an affair with his wife. He had previously been jailed for life for murdering his wife's cousin and a distant relative, Muhammad Arif, 32, and had received sentences of seven years for seriously injuring his wife, Rashida Bibi Haider, 44, and two years for assaulting her. In July 2014 the Court of Criminal Appeal quashed his murder conviction and ordered a retrial, after a three‑judge panel found a "very real risk of injustice" in the trial judge's explanation of provocation to the jury. The retrial led to a plea of not guilty to murder but guilty to manslaughter of Mr Arif. Hussain remains in custody awaiting sentencing, which will be set on Friday morning at 11 am.
Joe O'Reilly is seeking Supreme Court permission to appeal the Court of Appeal's dismissal of his miscarriage‑of‑justice application. In July 2007, a Central Criminal Court jury convicted him of murdering his wife, Rachel, and sentenced him to life imprisonment. O'Reilly's earlier appeal in 2009 failed, and a 2012 attempt to quash the conviction on the basis of unlawful detention was also dismissed. In November 2012 he obtained legal aid to pursue a miscarriage‑of‑justice claim under Section 2 of the Criminal Procedure Act, but the Court of Appeal ruled it an abuse of process, citing no new facts. The Court of Appeal, presided over by Justices Birmingham, Ryan and Edwards, dismissed the application, noting that the alleged evidence mishap had occurred during the original trial and that O'Reilly had been fully informed at the time.
In March 2016 the Court of Appeal quashed the convictions of Eleanor Joel, aged 41, and her partner Jonathan Costen, aged 43, for the unlawful killing of Joel's mother, Evelyn, aged 59, by neglect. The original 2013 conviction had followed a retrial in which a jury found the couple guilty of manslaughter and imposed a two‑year suspended sentence with a requirement of 230 hours of community service. The appeal was based on procedural errors, including the replacement of a juror without the presence of Joel's legal advisers, and on substantive grounds such as the failure of the Health Service Executive to provide adequate care in the final months of Evelyn's life. The Court held that the trial was unsatisfactory and that the convictions were quashed. The Director of Public Prosecutions confirmed that no retrial would be sought, leaving the case closed without further criminal proceedings. Jonathan Costen pleaded not guilty.
John Murphy, also known as Con Murphy, a 66-year-old travel agent, received a suspended three-year sentence at Dublin Circuit Criminal Court following his conviction for four counts of theft. The charges alleged that between June and July 2010, Murphy stole €18,643 from the Children to Lapland Appeal, a charity he founded in 1987 to send terminally ill children to Lapland. Although the validated procedural stage is an appeal, the report details the sentencing where Judge Patrick McCartan suspended the custodial term. This decision followed the disclosure that Murphy's family had raised the full amount to compensate for the theft, alongside considerations of his age, poor health, and a 2010 bladder cancer diagnosis. Judge McCartan noted the sentence recognized the breach of trust. As a condition of the suspended sentence, Murphy was banned from engaging in fundraising for three years. The judge expressed grave misgivings regarding Murphy's subsequent involvement with the Make it Happen Foundation, alleging he effectively ran the organization despite directors claiming otherwise. The judge warned Murphy that he was "under the microscope." The compensation funds, as the original charity entered liquidation, are to be split between Crumlin Children's Hospital and Barretstown camp. Defense counsel Patrick Reynolds BL argued the new foundation was dissolved in January and that Murphy had no access to its accounts.
The Court of Appeal has reserved judgement on the appeal of Kevin Mulcahy, a 57‑year‑old former Cork GP, who was convicted of indecently assaulting a 15‑year‑old girl in 1989. Mulcahy pleaded not guilty to the single charge and was found guilty after a retrial at Cork Circuit Criminal Court, where the jury deliberated for 39 minutes. He was sentenced to two years' imprisonment by Judge Seán Ó Donnabháin on 25 November 2015. In December 2015 he was granted bail pending appeal. Mr Blaise O'Carroll SC argued that Mulcahy's trial was unfair because the judge failed to give a corroboration warning and because Mulcahy's right to silence was infringed when he declined to answer further questions after his initial statement to the Gardai. The Court of Appeal, presided over by Mr Justice George Birmingham, has reserved judgement and Mulcahy remains on continuing bail.
Eamon Murphy, 48, of Cabra, Dublin 7, appealed his conviction for aggravated burglary at An Draigheann, Ballymahon, Co Longford, on July 3, 2011. He had pleaded not guilty at Longford Circuit Criminal Court, where he was found guilty and sentenced to 10 years imprisonment on October 25, 2015, with the final three years suspended. In the Court of Appeal, Murphy's counsel, Ciarán O'Loughlin SC, argued that retaining his DNA sample beyond 12 months without a court application breached his constitutional right to privacy. The Garda investigation identified a blood stain on the rear patio door, leading to Murphy's arrest on November 21, 2011, and a buccal swab. He was not charged until January 9, 2013, and no application was made to retain the sample within the statutory 12-month limit. Counsel submitted that under the Criminal Justice (Forensic Evidence) Act 1990, the sample and records should have been destroyed, rendering the evidence inadmissible. The appeal was heard by Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Edwards. The court reserved judgment, noting the case may raise complex legal and constitutional issues. The matter was adjourned for a mention on April 15 to determine if parties wished to make additional oral submissions on these rights.
Magnus Meyer Hustveit, 26, was re‑sentenced by the Court of Appeal to 15 months imprisonment after a wholly suspended seven‑year sentence for raping his 28‑year‑old girlfriend between 2011 and 2012 was deemed "unduly lenient". The appeal was brought by the Director of Public Prosecutions. The judge noted that the victim had awoken to find herself covered in sperm and later penetrated, with no knowledge of the acts. Hustveit had cooperated, voluntarily returned to Ireland to face charges, and had a good character record. The judge said the original seven‑year sentence would remain, with all but 15 months suspended. Hustveit was required to enter a seven‑year good‑behaviour bond and was placed on the sex offenders register. The victim, Niamh Ní Domhnaill, was present with supporters. The court did not allow new evidence to be heard, relying on transcripts and documents. The decision was read without Hustveit's reaction. Magnus Meyer Hustveit pleaded guilty.
The Court of Appeal quashed the convictions of former Anglo Irish Bank executives Tiarnan O'Mahoney (56) and Bernard Daly (67) for furnishing false information to the Revenue Commissioners and conspiring to delete bank accounts. The convictions, obtained by a jury at Dublin Circuit Criminal Court, had led to O'Mahoney's three‑year sentence and Daly's two‑year sentence in July 2015. The appeal was successful on several grounds: the proceedings were not commenced within the ten‑year limitation period; the charges were reformulated after the defendants were formally charged, creating a procedural error; the defendants were charged as principals rather than officers; and a substantial number of documents were wrongly admitted as evidence. The court also held that the conspiracy charge against Daly should have been withdrawn from the jury, and that the evidence against him was thin and tenuous. O'Mahoney's appeal was based on multiple complaints about the trial, and the court will consider whether a retrial is necessary.
In 2013, Michael Murray, aged 44, was sentenced to 15 years in prison by the Central Criminal Court for a series of offences committed on 12 and 13 February 2010. The charges included rape, attempted rape, oral rape, aggravated sexual assault, child abduction, threats to kill or cause serious harm, false imprisonment and theft. The jury heard that Murray lured his victim into an apartment by claiming an elderly woman was dying, tied her up, assaulted her, and then abducted her son, abandoning him in a city centre square late at night. He later returned to the flat, drugged and raped the victim. Murray denied all charges but was found guilty on all counts by a unanimous jury. In March 2016, the DPP announced it would argue in July that the 15‑year sentence was unduly lenient. The Court of Appeal scheduled the DPP's appeal for 7 July, while Murray is also due to appeal his conviction.
A man from Buncrana, County Donegal, has had his sentence for assault and false imprisonment declared unduly lenient by the Court of Appeal. Brian McLaughlin, aged 23, pleaded guilty to assaulting and falsely imprisoning his partner at their family home on 20 October 2013. He was sentenced to three years imprisonment with the final two and a half years suspended by Letterkenny Circuit Criminal Court in July 2015, resulting in an effective six-month custodial term. The Director of Public Prosecutions successfully sought a sentence review. Mr Justice Garrett Sheehan, delivering judgement, outlined the severity of the offences, including that McLaughlin had locked his partner inside their home, struck her repeatedly, and strangled her. While gardaí were outside the property, he armed himself with a kitchen knife and was sharpening knives. The court found the original sentence departed substantially from what was appropriate given the circumstances. A fresh sentencing hearing will be scheduled.
In March 2011, Colm Deely of Ballyvaughan was convicted of murdering 43‑year‑old Deirdre McCarthy. The Central Criminal Court found him guilty of killing her between 11 pm on 27 March and noon the next day. After her body was discovered, Deely stabbed himself in the stomach and was hospitalised. He claimed he had not intended to kill her, saying she had blackmailed him and that she laughed at him. He was sentenced to life imprisonment and is set to appeal the conviction in June 2016.
John Murphy, 66, a former travel agent and founder of The Children to Lapland Appeal, was convicted in Dublin Circuit Criminal Court for stealing €68,000 from the charity he established in 1987 to fund trips for terminally ill children. The trial lasted two days with 42 minutes of jury deliberation. Murphy had previously pleaded not guilty to four theft counts in 2010 totalling €18,643. At sentencing, the court heard his family offered to raise compensation and that the charity had been liquidated. Judge Patrick McCartan said he would consider a non‑custodial sentence if the money was repaid by 16 March, noting the need for a deterrent. Murphy is now involved with a new charity, The Make It Happen Foundation, and his bail conditions require disclosure of the theft charges to its directors.
Reginald Arnold, 58, of Cork, was convicted of sexual assault, attempted rape and restricting a child's liberty for abusing his step‑daughter between April 2008 and August 2010. A jury found him guilty and he received an 11‑year sentence, with the final two years suspended, imposed by Mr Justice Patrick McCarthy on 19 June 2014. Arnold appealed his conviction and sentence, but the Court of Appeal dismissed both appeals. Mr Justice George Birmingham, sitting with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon, upheld the conviction, noting that the trial judge had exercised discretion appropriately and that no corroboration warning was required. He also rejected the sentence appeal, stating that the 11‑year term, with two years suspended, fell within the range of sentences the trial judge could impose. The step‑daughter, who waived anonymity, testified of repeated touching, masturbation, being tied to a bed and attempted rape, beginning when she was 12. Reginald Arnold pleaded not guilty.
In 2016 the Court of Appeal quashed the convictions of Eleanor Joel, aged 41, and her partner Jonathan Costen, aged 43, for the unlawful killing by neglect of Evelyn Joel, a 59‑year‑old multiple sclerosis sufferer. The couple had been found guilty in 2013 and received a two‑year suspended sentence with a condition of 230 hours of community service. The appeal was successful on several grounds, including the claim that statutory agencies, not the couple, were responsible for the neglect, the lack of adequate HSE visits in the final months of Evelyn's life, and procedural issues such as the replacement of a juror without legal counsel present. The Court of Appeal held that these factors undermined the fairness of the trial and therefore quashed the convictions. The Director of Public Prosecutions was advised to consider whether to seek a retrial. Jonathan Costen pleaded not guilty.
The Supreme Court will hear an appeal against the High Court's dismissal of a challenge to An Bord Pleanala's decision to grant planning permission for a windfarm on Keeper Hill in the Silvermines Mountains, Co. Tipperary. The appeal was brought by Edel Grace of Grouse Hall Milestone, Thurles, and environmental consultant Peter Sweetman of Bunahowen, Cashel. They argue the case raises issues of public importance and that the planning decision breaches EU Habitats and Environment Impact Assessment Directives, potentially destroying nearly 400 acres of hen‑harrier habitat and the protected view of Keeper Hill. The windfarm proposal includes 16 turbines, access tracks, a transformer station, control buildings and a substation, and has been granted a ten‑year permission to ESB Wind Development and Coillte.
David Emerson, 31, received a Gaisce Award from President Michael D. Higgins two weeks before he was jailed for a hammer assault. He pleaded guilty to assault causing harm to a man at Kilshane Cross, Finglas, on 21 June 2012. The Dublin Circuit Criminal Court sentenced him to 16 months imprisonment on 12 July 2013, but he was granted bail pending appeal. On appeal, the Court of Appeal held that Emerson had turned his life around to such a significant extent that the Circuit Court judge erred in ruling out suspending part of his sentence. Mr Justice Garrett Sheehan re‑sentenced him to two years imprisonment, with the two years suspended, and required a two‑year good‑behaviour bond. Emerson was praised for his transformation, his engagement with the Fr Peter McVerry Trust, and his receipt of the Gaisce award.
Derek Lynch, 38, was jailed for nine years for robbing the Friar's Road Post Office in Cork on 20 May 2012, with the final year suspended. He was convicted of robbery and possession of a firearm. The conviction was overturned by the Court of Appeal because evidence that he owned the motorcycle used in the robbery was taken from the Garda PULSE system and was deemed hearsay. The Court held that the PULSE system requires human input and therefore could not be admitted as evidence of ownership. The judge noted that the robbery involved a raider who used a sledgehammer to break into the cashier area, stole about €2,000, and fled on a motorcycle. The Court quashed Lynch's conviction and ordered a retrial, remanding him on bail with conditions to the Cork Circuit Criminal Court. Derek Lynch pleaded not guilty.
In a Dublin Circuit Criminal Court case, John Murphy, a 66‑year‑old travel agent from Killiney, was found guilty of stealing €18,643 from the Children to Lapland Appeal charity he founded. The jury reached the verdict after 42 minutes of deliberation. Murphy had written cheques from the charity's account and deposited them into his personal account. His defence argued that the money was used for business transactions related to his now‑defunct travel agency, United Travel, and that he had no intention of keeping the funds. Prosecutor Garrett McCormack described the defence as a "Father Ted" defence. Following conviction, Judge Patrick McCartan remanded Murphy in custody until sentencing. The case highlighted the charity's history of sending terminally ill children to Lapland and its eventual liquidation in 2012. The court held that theft occurred if the owner of the money was deprived of it for any length of time. John Murphy pleaded not guilty.
John Murphy, 66, a travel agent from Killiney, Dublin, stands trial in the Dublin Circuit Criminal Court on four counts of theft. He founded the Children to Lapland Appeal in 1987, a charity that flew terminally ill children to Lapland, and served as its director until the organisation was liquidated in 2012. Murphy also ran United Travel, a travel agency that operated a route to Lapland. Bank records presented by prosecutor Garrett McCormack show that between June and July 2010, Murphy deposited four cheques from the charity's account into his personal account, totalling €18,643. The cheques were signed by Joseph Reid, a fellow director who testified that he signed blank cheques in batches for convenience, and that the money belonged to the charity. Reid expressed horror at the alleged fraud. Murphy's counsel, Patrick Reynolds, argued that the cheques were for business expenses and questioned the nature of the signatures. The unnamed accused pleaded not guilty.
High Court proceedings opened on Tuesday before Mr Justice Richard Humphreys, challenging a decision to deport an unnamed man to Jordan. The accused, who has lived in Ireland since 2000, denies State allegations that he consulted with senior Islamic State leaders, recruited members, or poses a national security threat. He seeks an order compelling the Minister for Justice to process his asylum application and to set aside the deportation order. Counsel for the man argued that the Minister failed to consider his health and evidence of past torture, and that he is entitled to apply for refugee status under the 1996 Refugee Act without prior Ministerial consent. The State, represented by Remy Farrell SC and Conor Power SC, opposed the application, alleging abuse of process. The matter is at the appeal stage following a previous High Court decision in December 2023 that set aside a temporary injunction preventing deportation, citing national security risks. That decision was appealed to the Court of Appeal, where proceedings were suspended after the European Court of Human Rights intervened, requesting the State not deport the man until legal challenges conclude. The State agreed to this request. The current High Court hearing is expected to last two days.
In March 2015, Mr Justice Paul Carney ruled that a 40‑year‑old man with intellectual disabilities was unfit to stand trial for rape. The Director of Public Prosecutions (DPP) appealed this finding in the Court of Appeal on 1 March 2016. Counsel Marjorie Farrelly argued that one psychiatrist had shown the man had untreated depression, but a third psychiatrist had found no evidence of depression on the day of assessment. Justice George Birmingham said the appeal should be dismissed, noting it challenged a factual finding of the Central Criminal Court. Farrelly also raised a second ground, questioning whether the judge had sent the man to inpatient or outpatient care after ruling him unfit. Justice John Edwards noted the DPP's interest in revisiting the man's fitness, and the court would reserve judgment on this second ground. The Court of Appeal will give reasons later.
Michael Murray, aged 44, was jailed for 15 years in 2013 for rape, attempted rape, oral rape, aggravated sexual assault, child abduction, threats, false imprisonment and theft. He had brought an unsuccessful High Court action against the Irish Prison Service and the Minister for Justice, seeking injunctions to stop the interception of his calls, declarations and damages. The court dismissed the application, ruling that the recording of his telephone calls was inappropriate but that the calls had not been accessed and were made inadvertently. Murray's legal team, led by Colman Fitzgerald SC, appealed the decision to the Court of Appeal. The appeal will be heard by a three‑judge panel, with a judgment expected on Friday, March 4. The case concerns the recording of prison phone calls and the alleged infringement of Murray's rights. The court found no ongoing or threatened infringement and awarded costs against Murray. Michael Murray was found guilty. Prison Service was found guilty.
A priest who was jailed for hiring men who claimed to be from the Continuity IRA to issue death threats and intimidate his nephew into dropping legal action against him has lost his appeal against his sentence. Francis Kelleher (60), from Cloughduv, pleaded guilty to four counts of coercion in relation to compelling his nephew to abstain from doing an act he had a lawful right to do between June 2012 and January 2013. He was sentenced to four years imprisonment by Judge Seán Ó Donnabháin at Cork Circuit Criminal Court on April 30, 2015. Dismissing Kelleher's appeal against the severity of his sentence today, Mr Justice Alan Mahon stated that an attempt to stop an individual from pursuing legal proceedings was a very serious matter, even where the threats may be mild. The judge noted that the threats were 'particularly nasty' and caused significant fear for Kelleher's nephew and his family. The use of the Continuity IRA's name to instill maximum fear was described as 'particularly reprehensible'. Kelleher's barrister, Thomas Creed SC, argued that his client was a 'broken man' and that a portion of his sentence should have been suspended. However, Mr Justice Mahon stated that the sentence imposed was within the sentencing judge's discretion, given the number of offences and their nature. The appeal was dismissed by Mr Justice Mahon, who sat with Mr Justice George Birmingham and Mr Justice Paul Butler.
Trevor O'Sullivan, 40, of Curraheen Drive, Bishopstown, Cork, pleaded guilty to attempted aggravated burglary at the home of businessman Pat Glavin in Glanmire on 11 August 2013. He was sentenced to 15 years' imprisonment, with the final three years suspended, by Judge Seán Ó Donnabháin on 25 February 2014. O'Sullivan's appeal against the severity of the sentence was dismissed by Mr Justice George Birmingham in the Court of Appeal. Birmingham noted that the offence involved an intended invasion of a family home by armed men, that Gardaí had been forewarned and had observed a reconnaissance operation on 29 July 2013, and that a Remington shotgun was recovered with live ammunition. O'Sullivan had prior convictions for public order offences, criminal damage and a drug‑related offence. The judge upheld the sentence as severe but necessary. The appeal was dismissed.
Aaron Shattock, aged 20, pleaded guilty to assault causing harm at the M50 exit 11 pedestrian walkway in Tallaght on 21 August 2013. The assault, which involved racial abuse and a stick thrown at an Iraqi immigrant, caused the victim to lose sight in one eye. Shattock was originally sentenced to three‑and‑a‑half years' imprisonment, with the final 18 months suspended, by Judge Martin Nolan on 17 April 2015. On appeal, the Court of Appeal, led by Mr Justice Garrett Sheehan, found that the sentencing judge had not given sufficient consideration to the "perfect mitigation" Shattock presented, including remorse, youth, good character and employment. The Court therefore reduced the suspended portion, leaving the three‑and‑a‑half‑year term in place but suspending the final two years, thereby cutting the overall jail term. The decision was delivered alongside Mr Justice George Birmingham and Mr Justice Alan Mahon.
A father and son from Drogheda have had their appeals against prison sentences dismissed by the Court of Appeal following their conviction for cannabis possession. Michael Devlin Snr and Michael Devlin Jnr pleaded guilty at Dundalk Circuit Criminal Court to possessing cannabis worth €1.3 million with intent to supply at Cartown, Termonfeckin in September 2013. The discovery arose after an off-duty garda became suspicious of a lorry driver seeking a non-existent address and alerted colleagues. Gardaí subsequently found 262 packages containing 65.5 kilograms of cannabis during a coordinated operation. Devlin Snr, aged 61, received 12 years imprisonment with four years suspended, while Devlin Jnr, aged 40, received 12 years with two years suspended. The Court of Appeal found the sentences fell within the appropriate range for the offence's sophistication and dismissed both appeals.
Three youths – Roman Hricko (20), Miroslav Hricko (19) and David Hanak (21) – had each been sentenced to seven years' imprisonment in 2014 for assault causing serious harm to a 59‑year‑old retiree, Donal O'Mahoney, in Tralee on 26 August 2012. The assault was described as a vicious, concerted attack that left O'Mahoney unconscious, with loss of sight in his left eye, and caused a friend to suffer a fractured jaw and cheekbone. The youths, who had been at a house party drinking large amounts of whiskey, were originally from the Czech Republic and had no prior convictions. On appeal the Court of Appeal, with Mr Justice George Birmingham presiding, agreed that portions of the sentences should be suspended to encourage rehabilitation. The court decided to suspend the final 18 months of each man's seven‑year term, and each must enter a €100 good‑behaviour bond for two years after release. Roman Hricko pleaded guilty. Miroslav Hricko pleaded guilty. David Hanak pleaded guilty.
The Court of Appeal held that a man who failed to appear in Edinburgh court while on bail committed a statutory offence under Irish law. Pablo Tellarini Prieto, charged with a serious assault in Scotland, had been granted bail on 26 April 2013. He missed a procedural hearing in January, prompting a warrant for his arrest. He was later arrested in Ireland on a European Arrest Warrant issued 5 June 2014, and extradition proceedings have continued. The High Court found the offence matched the common‑law offence of criminal contempt but not the statutory offence under section 13 of the Criminal Justice Act 1984. The Appeal Court, in a majority, reversed that conclusion, finding the offence did correspond with section 13 and reaffirmed the order for surrender. A dissenting judge disagreed, noting no recognisance or monetary commitment was involved. The order requires Prieto's surrender to Scottish authorities within a 10‑day period after a 15‑day notice.
The Supreme Court has granted leave to appeal in McDonagh v Sunday World, a significant defamation case concerning the limits of jury verdicts and media freedom. The proceedings arose from a 1999 Sunday World article alleging that McDonagh was a drug dealer, loan shark, tax evader and criminal. At trial, a jury rejected the drug dealing and loan sharking claims but found the tax evasion and criminality allegations proven, awarding damages of €900,000. The Court of Appeal subsequently overturned the verdict, holding that the evidence on drug dealing was overwhelming and that the newspaper possessed a constitutional right to publish such material which could not be compromised by a jury finding. The Supreme Court has identified five issues of general public importance for determination, including whether appellate courts may reverse jury verdicts on defamation despite strong evidence supporting the defendant's case, and whether media constitutional rights override jury verdicts. The case raises fundamental questions about the intersection of jury findings, judicial review, and press freedom under Irish constitutional law.
In the Supreme Court case Minister for Justice v O'Connor, the Court granted O'Connor leave to appeal a Court of Appeal decision that the State's provision of legal aid on an administrative basis for European Arrest Warrant (EAW) cases does not breach the constitutional guarantee of equal treatment before the law (Article 40.1). The High Court had allowed O'Connor's surrender under an EAW request and rejected his claim that the administrative scheme for legal aid, where the Attorney General's office may refuse costs, violated equality. The Court of Appeal upheld these decisions, with Justice Hogan dissenting, arguing that the distinction between statutory legal aid for International Criminal Court cases and administrative aid for EAW cases breached Article 40.1.
In Leopardstown Club v Templeville Developments, the Supreme Court granted Leopardstown leave to appeal a Court of Appeal decision that allegedly overturned the High Court trial judge's findings of fact. The Supreme Court held that it is a matter of genuine public interest to allow an appeal where the Court of Appeal may have misapplied the rule from Hay v O'Grady concerning the role of an appellate court. The Court reiterated that an appellate court does not have the same opportunity to see and hear witnesses as the trial judge, and that if the trial judge's findings are supported by credible evidence, the appellate court is bound by those findings. The Court also granted leave to appeal on the interpretation of s 86 of the Land & Conveyancing Law Reform Act 2009 and the Court of Appeal's application of the rule from Gahan v Boland regarding constructive notice as a defence against a claim of misrepresentation.
Jonathan O'Neill, 24, of Kilmore, Dublin, pleaded guilty to robbery and aggravated burglary at Clonalvy Post Office, County Meath, on 21 November 2012. He was sentenced to six years' imprisonment on both counts, to run concurrently, by Judge Michael O'Shea on 13 November 2014. The Court of Appeal, hearing the appeal on 22 February 2016, dismissed it, ruling that the judge had considered all mitigating factors. The case involved two men armed with knives who entered the post office at about 9.40 am, threatened an elderly employee and a woman in her late 80s, demanded money from a cash delivery, and later forced entry into a house, demanding car keys. The men stole a car, which crashed, and fled on foot. The post office employee was deeply traumatised and did not return to work. O'Neill's history of drug addiction and a prior drug‑possession conviction were noted.
In 2016 the Court of Appeal found the sentences given to two men for their roles in Ireland's largest cannabis‑growing facility too lenient. Rory Kilkenny, 33, pleaded guilty to possession of cannabis for sale and was originally sentenced to four years. Christopher Zinck, 32, also pleaded guilty and received a wholly suspended nine‑year sentence. The Court of Appeal re‑sentenced Kilkenny to 12 years, suspending the final four, and reduced Zinck's sentence by one year, keeping it suspended, hoping his rehabilitation could be preserved. The facility, discovered in Piltown, Kilkenny, contained 2,504 plants and 43.54 kg of cannabis, valued at €2,874,174. Three Asian gardeners were sentenced to seven years with six suspended. The Court noted Kilkenny's essential role and a subsequent offence in 2014, and Zinck's involvement in a serious enterprise but also his exceptional recovery, leading to the adjusted sentences.
In a 2016 Court of Appeal decision, a suspended five‑year prison sentence for possession of cannabis with intent to supply was upheld for Alan Wallace, a 47‑year‑old wheelchair‑bound man from Clondalkin. Wallace had pleaded guilty in November 2014 to unlawful possession of cannabis for supply at Ballyowen Road, Lucan, on 17 April 2014. The original sentence, imposed by the Dublin Circuit Criminal Court in May 2015, was a five‑year term suspended in its entirety on the condition that Wallace pay a €100 bond, keep the peace and exhibit good behaviour for five years. The Court considered the DPP's appeal that the sentence was "too lenient", noting Wallace's active role in transporting the drugs and the high street value of €180,000. The Court found the sentence "lenient but not unduly lenient", citing mitigating factors such as Wallace's guilty plea, cooperation with Gardaí, and his serious medical condition requiring wheelchair use.
In a 2016 decision, the Court of Appeal ruled that evidence linked to an associate of former Italian Prime Minister Silvio Berlusconi could be presented at Dublin District Court. Frank Agrama, based in Los Angeles, had sought a judicial review of the Justice Minister's appointment of a judge to take this evidence for an Italian criminal investigation. The Court, citing the complexity of the case and the involvement of multiple parties, denied leave for the review. It noted that Agrama had been charged with aggravated misappropriation and tax fraud, was acquitted of the former, and that the Italian prosecutor had appealed the acquittal of the latter. The Court also highlighted that the Italian Supreme Court appeal would be heard in March 2016, and that the evidence would be considered at the District Court hearing scheduled for 2 pm on the day of the ruling.
A man who helped produce child pornography involving his own daughter was originally sentenced to five years' imprisonment, with the last 12 months suspended, by Judge Sarah Berkeley on 31 July 2014. The offence involved sexual exploitation and knowingly facilitating child pornography in Dublin between 2009 and 2010. The man pleaded not guilty at Dublin Circuit Criminal Court. On appeal, the Court of Appeal found that the trial judge had not given adequate weight to mitigating factors and had erred in not discounting the man's remorse. The appeal judge, Mr Justice John Edwards, re‑sentenced the man to three and a half years' imprisonment, with the final 12 months suspended. The man's ex‑partner, who was also involved, received a different sentence and did not fight the case. The mother of the child was sentenced separately to 36 months, with the last 20 months suspended, after pleading guilty.
Martin McDonagh, 30, of Galway, pleaded guilty to robbery on 13 October 2013 and was sentenced to seven years' imprisonment on 12 March 2015. The Court of Appeal suspended the final 18 months of that sentence, giving him a chance to reform. McDonagh, who had 166 prior convictions, was described by the judge as a menace to society. The robbery involved impersonating a Garda, demanding keys, punching the victim, and stealing a mobile phone. The victim suffered severe impact, losing confidence and €1,600. McDonagh had lived in Canada before returning to Ireland. He was ordered to enter a good‑behaviour bond for three years after release. The appeal decision was made by Justice George Birmingham, with Justices Garrett Sheehan and John Edwards.
Ivor Callely, aged 57, an ex‑Fianna Fáil politician and former Minister of State, admitted fraudulently claiming €4,207.45 in expenses from the Oireachtas using forged mobile‑phone invoices between November 2007 and December 2009 while a member of the Seanad. He pleaded guilty at Dublin Circuit Criminal Court to four counts of using false invoices and was sentenced to five months' imprisonment by Judge Mary Ellen Ring on 28 July 2014. Callely had appealed the severity of the sentence in 2014, but the Court of Appeal received a letter from him withdrawing that appeal. The withdrawal was confirmed during case‑management procedures on 19 February 2015, with Callely not present in court.