In a 2015 appeal, the Director of Public Prosecutions argued that the Special Criminal Court had wrongly ruled the second arrest of Kevin Braney, aged 40, unlawful. Braney had been arrested in 1989 on suspicion of IRA membership but was never charged. He was rearrested in March 2013 for the same alleged offence. The court had held the second arrest unlawful because it considered membership offences to be continuing, but the DPP contended that each arrest arises from a distinct offence tied to time, place and circumstance. Braney's counsel, Bernard Condon, countered that a membership offence is not a single event and that the statute does not prohibit repeated arrests. The Court of Appeal, led by Justice Seán Ryan, would reserve judgment until 26 June 2015.
Frank Cunningham, aged 30, was convicted of murdering Patrick Walsh, 27, in 2004 and sentenced to life imprisonment in 2005. He sought to have his conviction declared a miscarriage of justice, arguing that new Supreme Court rulings on solicitor access (Gormely and White, 2014) had been overlooked and that his admissions at Garda station should have been inadmissible. The Court of Appeal dismissed his application as an abuse of process, noting that he had inconsistently requested a solicitor and that no new facts had been presented. The court held that Cunningham's case could not be distinguished from a similar case (McKevitt) and that reopening a final conviction on the basis of a new precedent was not permissible. Consequently, Cunningham remains in prison to serve the remainder of his life sentence. Frank Cunningham pleaded not guilty.
Robert Murphy, 32, was convicted of possessing a knife, discharging a firearm, and arson. He had previously pleaded guilty to these offences in 2012 and 2013. Judge Desmond Hogan originally sentenced him to nine years with five suspended, effective eight years. The Court of Appeal, after reviewing the case, found the sentence unduly lenient and imposed a new sentence of 11 years with three suspended, effective eight years. The appeal highlighted that Murphy, a known heroin addict and "career criminal" with 60 prior convictions, had set fire to a house occupied by a mother and child, forcing them to escape through a bedroom window. The court noted that the arson was the most serious offence and that the new sentence was intended to reflect the severity of the crime. The final effective term remains eight years imprisonment.
Michael Murray, who was found guilty in 2013 of rape, child abduction, and other serious offences and sentenced to 15 years by Mr Justice Patrick McCarthy, has brought a High Court action against the State. Murray claims prison authorities unlawfully recorded confidential phone calls between him and his solicitors while he was incarcerated at Midlands Prison. He seeks injunctions, a declaration that the authorities acted outside their powers, damages for breach of constitutional rights, and an independent review. The matter is currently at the pre-hearing stage before High Court President Mr Justice Nicholas Kearns. Murray, representing himself, requested an order compelling the State to provide all documents and records of communications with his legal advisors and the return of a computer seized by An Garda Síochána. Counsel for the State, Colm Smyth SC, stated that recordings were made inadvertently because Murray did not use designated confidential lines, and that the computer was seized as part of a Garda investigation. Mr Justice Kearns ruled that Murray is entitled to discovery of recordings of calls made to his legal advisers between May and July 2013. The judge determined that the issue regarding the computer is a matter for the full hearing. The case is due before the court later this year and will be opposed by the State. Murray's appeal to the Court of Appeal remains on hold until this High Court action is determined.
Anthony Ryan, aged 33, pleaded guilty to assault causing harm and sexual assault of an 18‑year‑old woman in a Dublin suburb on 13 July 2012. He was sentenced to five years' imprisonment, with the final 12 months suspended, by Ms Justice Carmel Stewart on 4 February 2014. Ryan had voluntarily paid €1,000 in compensation. On 12 June 2015, Mr Justice George Birmingham dismissed Ryan's appeal against the sentence, ruling that the four‑year custodial term was not unduly severe. The case involved Ryan following a group of women from a nightclub in Coolock, driving them to a suburb, and then assaulting the victim after she had been knocked out. Ryan was later arrested by Gardaí and found unfit for interview due to intoxication. The appeal was heard with Mr Justice John Edwards and Mr Justice Alan Mahon.
An application for a stay to restrain the issuance of a certificate confirming the result of the same‑sex marriage referendum has been adjourned to the Court of Appeal's sitting on Friday. Gerry Walshe, an electrician from Lisdeen, Co Clare, seeks to appeal the High Court President's refusal to allow him to bring a petition challenging the referendum held on 22 May, which was approved by 62.07 % of voters. Walshe, representing himself, has requested a stay pending the appeal. The case was heard by Mr Justice Peter Kelly, who noted that the paperwork indicated an appeal against an earlier procedural decision by Ms Justice Mary Faherty, not the current refusal by Mr Justice Kearns. Mr Justice Kelly adjourned the matter to allow Walshe to amend his notice of appeal and placed a stay on the certificate until the Court of Appeal hears the case on Friday. Richard Humphreys SC for the State expressed no objection to the amendment.
A man from Cork has had his sentence backdated following a successful appeal to the Court of Appeal. Nicky O'Driscoll, aged 37, of Killala Gardens, Knocknaheeny, pleaded guilty at Cork Circuit Criminal Court to burglary at Inishannon on 7 January 2014. He received a three-year sentence with the final six months suspended in May 2014. O'Driscoll appealed on the basis that the sentencing judge had been incorrectly informed of his previous convictions for burglary. Mr Justice Garrett Sheehan found the sentencing court had been told O'Driscoll had 20 previous burglary convictions when he in fact had eight among his 68 total convictions. The judge described this as a clear error in principle, though not attributable to fault on the part of the trial judge. The Court of Appeal upheld the original sentence but backdated it to 12 May 2014 to account for the misinformation. O'Driscoll was also required to enter into his own bond of €100 for 12 months.
James Farmer, a former soccer player aged 36, had his seven‑year prison sentence for possession of over €400,000 worth of cannabis reduced on appeal. The original conviction stemmed from a January 2011 incident at Newland's Cross and Phibblestown House where Gardaí seized €122,000 in cannabis and later found an additional €312,000 at Farmer's home. Farmer pleaded guilty at the Dublin Circuit Criminal Court and was sentenced by Judge Martin Nolan on 27 February 2012. On appeal, Judge Alan Mahon noted Farmer's serious medical conditions, including kidney failure requiring dialysis and a severe bowel disorder, and that these would pose significant difficulties in prison. Consequently, the Court of Appeal suspended the final 18 months of the sentence, requiring Farmer to post a €100 bond and maintain good behaviour for 18 months and two years after release. The appeal was granted by Judges Mahon, Garrett Sheehan and John Edwards.
The Court of Appeal dismissed an appeal by the trustees of Victory Christian Fellowship (VCF) against a High Court ruling that Bank of Scotland (BOS) could appoint joint receivers over three of VCF's Dublin properties. The High Court had found BOS entitled to a judgment of €18.76 million against the trustees and to permanent injunctions preventing the trustees from obstructing the receivers. The trustees argued the receivers' appointment in May 2013 was invalid because BOS had received unauthorised confidential information about VCF's charitable status being withdrawn. They claimed a debt‑reduction plan had been agreed in March 2013, which would have avoided receivership. The Court of Appeal, however, upheld BOS's contractual right to appoint receivers, noting that the disclosure of the confidential information did not prove it caused the decision. The trustees accepted the debt but did not appeal the €18.76 million judgment. The appeal was dismissed by Justices Peart, Hogan and Mahon.
In a High Court hearing on 9 June 2015, a lawyer for a NAMA‑appointed receiver said the dispute over alleged unlawful trespass at Grangegorman, Dublin, may be resolved. The dispute stemmed from Mr Stephen Bedford, who had lived at the premises and was jailed for 14 days after a contempt order to vacate the property. Bedford purged his contempt and confirmed he would leave by noon on Wednesday. Mr Justice Paul Gilligan had ordered Bedford's imprisonment or until he purged contempt of a March 24 order directing all occupants to leave by 4 May. Bedford's appeal to the Court of Appeal for a stay was pending. The receiver, Mr Luke Charleton, seeks to sell the properties to repay a €21.9 m debt owed by businessman Paschal Conroy. Mr Graham O'Doherty, the receiver's solicitor, said the receiver could take possession soon as remaining occupants were leaving.
An application for a stay restraining the issuance of a certificate confirming the result of the same‑sex marriage referendum will be heard by the Court of Appeal later this week. Mr Gerry Walshe, who is appealing the High Court's refusal to grant him leave to bring a petition challenging the referendum result, has requested that the Court order a stay on the certificate. He is representing himself and has not yet formally lodged his appeal; the judge has told him that the appeal must be filed by 3 pm on Wednesday for the stay application to be considered on Thursday morning. The State, represented by Richard Humphreys SC, has described the matter as "extremely urgent" and wants the appeal to be expedited. The State also wishes that Mr Maurice J Lyons, who has similarly sought to challenge the referendum result, have his appeal processed on the same timetable.
Samir Mansour, a 49‑year‑old Tunisian chef, was convicted of raping a woman who had been invited back to his apartment after he claimed he was gay. The conviction was reached at the Central Criminal Court on 14 July 2014, following a fourth trial after earlier convictions were quashed or acquitted. Mansour was found guilty of rape and sentenced to seven years' imprisonment, with the final year suspended. The Court of Appeal dismissed his appeal, ruling that there was no unfairness or prejudice in the trial. The appeal focused on whether the jury had been improperly exposed to evidence of a threat to kill or cause serious harm, which Mansour had been acquitted of in a prior trial. The Court held that the evidence was relevant to the rape charge and that the jury's decision was valid. The appeal was therefore rejected. Samir Mansour pleaded not guilty.
Three burglars—James Cash (28), Thomas Wall (23), and William Wall (32)—were convicted at Cork Circuit Criminal Court on four burglary counts committed in Cork City on 1–2 December 2012. They had been acquitted of three other burglary counts and of possessing burglary implements. Cash received a seven‑year sentence with one year suspended; the Walls each received seven years with two years suspended. On appeal, all three had their sentences reduced. Cash was sentenced to four years with 21 months suspended, giving an effective custodial term of 3 years 9 months. The Walls each received four years with two years suspended, giving an effective custodial term of 2 years 10 months. The appeal court noted Cash's extensive prior record and the Walls' lack of significant convictions, and adjusted the starting points accordingly. The new sentences were imposed by Judge Seán Ó Donnabháin on 4 February 2014.
A judge has made the final orders in the judicial review of an Algerian-born Irish citizen, Ali Charaf Damache, whose extradition was refused last month in the High Court. Ali Charaf Damache was wanted in the United States on two alleged terrorism-related offences. On May 21, High Court judge Ms Justice Aileen Donnelly delivered her judgement refusing the State's application for the extradition of Mr Damache at the request of the United States of America. Ms Justice Donnelly stated that in the event that the State successfully appeals the refusal of extradition, she will grant orders quashing the decision of the DPP not to prosecute and the later decision not to revisit that decision in light of the fact that an extradition request has been made. Legal aid was also granted by the judge to cover both sets of proceedings. The main points of objection to his extradition include grounds related to the conditions of detention, the sentencing procedure under U.S. Federal Sentencing Guidelines, the plea bargaining system, and the nature and length of the sentence he would be bound to receive. In separate proceedings, Mr Damache sought to review the decision of the DPP not to prosecute him in this jurisdiction arising from the factual allegations underpinning the extradition request and the failure of the DPP to give her reasons for her decision. The 50-year-old man has been living here for a decade and is wanted in the United States to face charges relating to conspiracy to provide material support for terrorists and attempted identity theft to facilitate an act of international terrorism. Last December was the second time his extradition case had been heard. In November 2014, Mr Damache won a Supreme Court appeal against a High Court judge's refusal for leave to seek judicial review of the decision of the Director of Public Prosecutions not to prosecute Mr Damache here. The Supreme Court unanimously ruled Mr Damache was entitled to apply for judicial review on two issues: whether the DPP's March 2011 refusal to prosecute him here is reviewable, and whether the DPP was entitled to refuse to give reasons for her refusal. If Mr Damache had been convicted in the US, he could have faced up to 45 years in jail, a term his lawyers said would be 'a lot more' than would be imposed here in Ireland. In her judgement last month, Ms Justice Donnelly said there was no meaningful judicial review available in the US of the conditions of detention and the necessity for same. The High Court previously heard the US alleges it has evidence that Mr Damache conspired with American woman Colleen LaRose – who used the online name 'Jihad Jane' – and others to create a terror cell in Europe capable of targeting both US and western European citizens. It is alleged Mr Damache – who went by the username 'Theblackflag' – also participated in a conspiracy to transfer a passport stolen from a US citizen to an individual in Pakistan whom the conspirators believed to be a member of Al Qaeda. It is contended that part of the alleged conspiracy was to recruit women whose appearance would allow them access to and the ability to travel around Europe. In January of 2014 LaRose was jailed for ten years by a Philadelphia judge, having admitted her involvement in a plot to murder Swedish cartoonist Lars Vilks, who sparked an international controversy by depicting the Prophet Mohammed on the head of a dog.
Andrew Gilmore, a 27‑year‑old serving member of the Irish Defence Forces, pleaded guilty to violent disorder at the Central Bank Plaza in Dublin on 9 February 2012. On 29 November 2013 Judge Martin Nolan imposed a two‑and‑a‑half‑year deferred sentence, requiring Gilmore to keep the peace, behave well for a specified period and pay €3,000 to the injured parties. The Court of Appeal considered that a custodial sentence, a suspended sentence or a fine over €800 would have automatically led to his discharge from the army. The Director of Public Prosecutions appealed, arguing the sentence was "unduly lenient" and that the judge had shown too much mercy. Mr Justice George Birmingham, joined by Mr Justice John Edwards and Mr Justice Garrett Sheehan, rejected the appeal, noting that the deferred sentence was appropriate given the mitigating circumstances and that a suspended sentence would have had serious consequences for Gilmore's military career.
Lee McDonnell, 23, of Ballyfermot, pleaded guilty in Dublin Circuit Criminal Court to possession of an imitation firearm with intent to commit robbery at Sarsfield Service Station on 21 January 2012, and to robbery of cigarettes, a sunglass case and a shop assistant. He was originally sentenced to six years imprisonment, three of which were suspended. The Director of Public Prosecutions appealed, arguing the sentence was too lenient. The Court of Appeal set a new effective sentence of six years imprisonment with the final year suspended, and a concurrent four‑year sentence for the robbery charge. The new sentences run concurrently with a five‑year sentence for a burglary committed in 2011, and McDonnell is already serving a nine‑year sentence with two years suspended for aggravated burglary. The appeal was heard by a three‑judge panel, and the court noted McDonnell's 111 prior convictions at the time of sentencing.
Mark Kavanagh, 39, pleaded guilty in Dublin Circuit Criminal Court to possession of €135,000 worth of cocaine, €18,000 worth of cannabis, and a firearm. The original sentence of three‑and‑a‑half years was deemed unduly lenient by the Director of Public Prosecutions, and the Court of Appeal increased it to five years. One year of each count was suspended, to run concurrently for three years after release. The appeal highlighted that Kavanagh had been "minding" the drugs for a few weeks in return for relief on a €700 debt, and that he had claimed a threat against his family, later denying it. The court noted mitigating factors such as no prior convictions, a guilty plea, and remorse, but insisted the firearm offence required a separate, stricter sentence. The final effective custodial term is five years with a one‑year suspension for each count.
Barry Doyle, aged 29, was convicted of murdering rugby player Shane Geoghegan in Limerick on 9 November 2008 and sentenced to mandatory life imprisonment by Mr Justice Garrett Sheehan on 16 February 2012. Doyle pleaded not guilty and claimed that Gardaí had induced him to admit the murder during interviews. The Court of Appeal, led by Mr Justice Seán Ryan, rejected all 27 grounds of appeal, finding the trial satisfactory and the conviction safe. The court noted that Doyle's solicitor had approached Gardaí with an offer that Doyle would admit to killing Geoghegan if his girlfriend, Ms Victoria Gunnery, was released, but the court held that Doyle was aware of his actions and that no inducement or threat had been offered. The appeal was dismissed and Doyle remains in prison to serve the remainder of his life sentence.
A 21‑year‑old Tipperary man, who pleaded guilty to having sex with a 13‑year‑old babysitter when he was 15, was sentenced to three‑and‑a‑half years' imprisonment on 12 June 2013. The case involved the babysitter being assaulted by the man and a co‑accused after they entered her home. The judge described the offence as very serious and noted that the co‑accused had not reoffended, whereas the appellant had 31 prior convictions. The appeal focused on the difference between the appellant's sentence and that of the co‑accused, who received a fully suspended sentence. The Court of Appeal, sitting with Justices John Edwards and Alan Mahon, dismissed the appeal, upholding the original sentence and the judge's decision to impose no suspended portion for the appellant. The appeal was rejected on 5 June 2015.
The Court of Appeal declined to review Wayne Dundon's six‑year prison sentence for threatening to kill and intimidating witnesses, despite the Director of Public Prosecutions' appeal that the sentence was unduly lenient. Dundon, aged 37, was convicted by the Special Criminal Court in 2012 for threatening Alice Collins that he would kill or seriously harm her sons and for intimidating potential witnesses. The court had not considered a victim impact statement and had not taken into account Dundon's prior conviction for a similar threat. Dundon's appeal against conviction was also put back to the next hearing, with the court noting that John Dundon's appeal would be dealt with at the same time. The decision was announced by Mr Justice George Birmingham, with the court to give reasons later. The case remains at the appellate stage, with no change to the sentence or conviction.
Anthony 'Tony' Kelly, aged 24, was found guilty at Limerick Circuit Criminal Court of assault causing serious harm, robbery and theft. He had attacked a 22‑year‑old man, slashing his face without provocation, and robbed two other men. The original sentence was four years' imprisonment, with the final two years suspended. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal, hearing the case on the basis that Kelly had "gone on a rampage" and chosen victims at random, imposed a new sentence of six years' imprisonment, again suspending the final two years. Kelly was required to post a €100 bond to keep the peace and maintain good behaviour during custody and the suspended period. The court noted the victim would bear a permanent scar for life. The appeal was upheld, and the sentence increased to six years with two years suspended.
Ian Dent, 21, of Crumlin, was convicted of two counts of violent disorder for his role in a group attack on two American tourists in Temple Bar on 29 April 2012. The tourists suffered serious injuries, including a broken arm and permanent facial scarring. Dent was sentenced to five years' imprisonment by Mr Justice Patrick McCartan on 29 July 2014. Two other Dublin men received concurrent sentences, and a fourth man was jailed separately after pleading guilty. The Court of Appeal, hearing the case on 4 June 2015, found Dent's five‑year sentence excessive. A new sentence will be imposed on 9 July 2015. The appeal was based on Dent's lack of prior convictions, his youth, and his attempts to restrain the group and defuse the situation, which the trial judge had not considered. The Court of Appeal remanded Dent in custody pending the new sentence. Ian Dent pleaded not guilty.
James Kelly, a 25‑year‑old chronic heroin addict, was convicted at Limerick Circuit Criminal Court for false imprisonment, unlawful vehicle taking and robbery at Colbert Station on 4 May 2011. He pleaded guilty and was originally sentenced to six years' imprisonment, with the final two years suspended. Prosecutors appealed, arguing the sentence was unduly lenient, and the Court of Appeal increased the term to eight years' imprisonment, again suspending the final two years. The appeal judge, Mr Justice Garrett Sheehan, recounted the incident: a woman had disembarked from a train at Colbert Station, entered her car, and was confronted by Kelly. He threatened her with a knife, demanded money, and forced her to drive him to Moyross. After obtaining the money, he left the vehicle and the woman drove to a Garda station.
Stephen Cahoon, a 42-year-old man from Derry, Northern Ireland, is seeking to prevent a second retrial for the alleged murder of his pregnant ex-girlfriend, Jean Teresa Quigley. Cahoon admitted strangling Quigley in 2008 but denied the charge of murder. His initial conviction was quashed by the Court of Appeal in March after the court found that the trial judge misdirected the jury regarding the defence of provocation. The Court of Appeal, led by President Mr Justice Seán Ryan, ruled that the judge's error was a mistake on a central point of the case, leading to the quashing of the conviction and an order for a retrial. Cahoon, who was previously sentenced to life imprisonment by Mr Justice Barry White in 2012, is now in custody. His counsel, Niall Flynn BL, argued that a third trial would be unfair given he has already served six years in custody. The Director of Public Prosecutions, represented by Patrick Marrinan SC, expressed urgency to fix a trial date but did not object to Cahoon's application. Mr Justice Garrett Sheehan fixed a hearing for July 20 to consider whether a third trial should proceed. The matter remains at the appeal stage, with the outcome of the application pending.
Muhammad Hussain, a 29‑year‑old Pakistani man, was convicted in 2014 for travelling to meet a 13‑year‑old girl with the intention of sexual exploitation, the first case prosecuted under child protection legislation. He received a four‑year prison sentence, later reduced on appeal to three years with the final nine months suspended. The Court of Appeal noted no disciplinary issues since conviction, his attendance at classes, and that he had invited the child rather than coerced her. Conditions of the reduced sentence include maintaining good behaviour, cooperating with any relevant counselling, and complying with a deportation order. Hussain will remain on the Sex Offenders Registry and is subject to the Sex Offenders Act 2001. The case stemmed from an encounter on 25 May 2011 when Hussain met the girl, Ms F, who was then 13 and living in institutional care. The appeal hearing was held on 16 February 2015. The unnamed 13-year-old pleaded not guilty.
Cavan County Council and Oxigen Environmental Limited have appealed fines totalling over one million euro imposed in 2012 for landfill odour nuisance offences. Both defendants pleaded guilty at Cavan Circuit Criminal Court to breaches of the Waste Management Act occurring between February 2007 and February 2009. Judge John O'Hagan fined the council €260,000 and Oxigen €780,000. At the Court of Appeal hearing, counsel for the local authority argued the fine was disproportionate to comparable environmental sentences and contended culpability was low, with the council making reasonable efforts to manage the problem. Oxigen's counsel submitted the fine calculation bore no relation to his client's circumstances. The Director of Public Prosecutions' representative noted neither defendant had provided financial statements to the sentencing judge. The court, comprising Justices Peart, Edwards and Mahon, reserved judgement on both appeals.
The Court of Appeal has ordered a retrial for John-Paul Cawley following his successful appeal against a murder conviction, while the appeal of Wenio Rodriguez Da Silva was dismissed. Both men had pleaded not guilty to the murder of Bruno Lemes De Sousa at Shronowen Bog, Listowel, between February 16 and 17, 2012. Cawley had also pleaded guilty to manslaughter, a plea not accepted by the prosecution. A jury at the Central Criminal Court found both men guilty of murder, and Mr Justice Garrett Sheehan sentenced them to mandatory life terms on May 22, 2013. The Court of Appeal, led by Mr Justice John Edwards, found that the trial judge erred in failing to adequately direct the jury on the onus of proof regarding the statutory presumption of intent. The court ruled that the prosecution bore the burden of proving beyond reasonable doubt that this presumption had not been rebutted, a point not sufficiently explained to the jury. Consequently, Cawley's conviction was quashed, and he was remanded in custody to appear before the next list to fix dates for his Central Criminal Court retrial. Da Silva's appeal was dismissed, and his life sentence remains in effect.
Mark Kavanagh, 39, of Balgaddy, Clondalkin, pleaded guilty in the Dublin Circuit Criminal Court to possession of €135,000 worth of cocaine and €18,000 worth of cannabis, and admitted possession of a revolver. He was sentenced to three-and-a-half years' imprisonment on 15 October 2014. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient and that the judge had over‑valued mitigating factors and under‑valued aggravating ones, such as a notebook with coded drug‑movement entries that could indicate a higher‑level role. The appeal was successful; Judge Michael Peart, sitting with Justices Garrett Sheehan and Alan Mahon, found the original sentence did not reflect the seriousness of the offence and ordered a new sentence to be imposed next month. The case remains at the sentencing stage, with no further outcome reported.
Lee McDonnell, 23, of Ballyfermot, pleaded guilty in Dublin Circuit Criminal Court to possession of an imitation firearm with intent to commit robbery at Sarsfield Service Station on 21 January 2012, and to robbery of cigarettes, a sunglass case and the shop assistant on the same occasion. He was originally sentenced to six years' imprisonment, with three years suspended by Judge Martin Nolan on 19 November 2012. The Director of Public Prosecutions appealed the three‑year suspended term, arguing it was unduly lenient. The appeal was scheduled for the Court of Appeal in December but McDonnell was absent. Counsel Michael Bowman SC argued that the judge erred in suspending 50 % of the sentence, citing McDonnell's 88 prior convictions and a previous four‑year hijacking sentence. Judge Michael Peart, with Justices Alan Mahon and Garrett Sheehan, agreed the sentence was unduly lenient and that the firearm offence had been treated merely as part of the overall offence.
Patrick Barry, an 81‑year‑old former primary school principal from Kilkee, was convicted of indecent assault on 11 female pupils between 1964 and 1985. He was found guilty on 59 of 67 charges and sentenced to 11 years' imprisonment, with five years suspended. On appeal, the Court of Appeal reduced the sentence to two years, suspending the final three years of the five‑year portion. Barry must post a €1,000 bond and keep the peace during the suspended period. His release date is set for 20 May 2019. The appeal was based on the trial judge's error in setting the initial sentence and on Barry's advanced age, health problems and community contribution. The appeal against conviction was dismissed. The case involved allegations of indecent touching and forced positions in the classroom, with most incidents occurring in front of other pupils. The court noted that the offences were committed in a small community where everyone knew each other. Patrick Barry pleaded not guilty.
Breifne O'Brien, a 54‑year‑old former businessman, was granted an extension of time to appeal his seven‑year prison sentence. He had pleaded guilty in the Dublin Circuit Criminal Court to 14 counts of deception that caused a loss of about €8.5 million between 2003 and 2004, after inducing people to advance money for bogus property deals. Judge Patricia Ryan imposed the sentence on 8 October 2014. In the Court of Appeal, counsel Patrick McCullough BL applied for the extension, noting that O'Brien had been outside the 28‑day period for filing an appeal and had not been present in court. The judge, Mr Justice George Birmingham, agreed to grant legal aid on the same terms as the Circuit Court and to extend the time to file the notice of appeal, giving O'Brien two weeks if he had not yet filed it. No legal aid application had been made to the Circuit Court judge for the appeal.
Charles Twesigye, a 38-year-old Rwandan national from Clonsilla, Dublin 15, has lost his appeal against his conviction for drug possession. At Dublin Circuit Criminal Court, Twesigye pleaded not guilty to a section 15 offence of possessing drugs for sale or supply and a section 15a offence of possessing drugs worth more than €13,000 for sale or supply, allegedly committed on August 28, 2012. A jury found him guilty of the section 15 offence but acquitted him of the section 15a offence. He was subsequently sentenced to 10 years' imprisonment, with the final three years suspended, by Judge Patricia Ryan on January 31, 2014. The Court of Appeal heard that Twesigye received a FedEx package addressed to another name in a controlled delivery, which contained cocaine valued at over €142,000. His counsel, Conor Devally SC, argued the verdicts were illogical and inconsistent, and further contended that his detention was unlawful, necessitating the exclusion of certain interviews. The Court of Appeal, comprising Mr Justice John Edwards, Mr Justice George Birmingham, and Mr Justice Alan Mahon, rejected these arguments. Mr Justice Edwards affirmed that requesting a householder to remain seated during a search did not necessarily constitute detention and noted that if any verdict was perverse, it was the acquittal, which benefited the appellant. Consequently, the appeal was dismissed, and the conviction was affirmed.
The Court of Appeal considered whether Gary Howard, 27, who was convicted of the 2010 double murder of Patrick Mooney (58) and Brendan Molyneux (46), was entitled to have his solicitor present during Garda interviews. Howard had pleaded not guilty at the Central Criminal Court and was found guilty after a six‑week trial, receiving two life sentences on 25 May 2012. He appealed on the grounds that his solicitor should have been present during the interviews, that he was denied access to his solicitor despite three requests, and that he was subjected to psychological pressure before making admissions that he later retracted. Seán Gillane SC argued that Howard's right to silence was undermined by the Gardaí's conduct and that the absence of a solicitor violated the Supreme Court's Gormley and White decision.
In a High Court hearing on 12 May 2015, Mr Justice Paul Gilligan adjourned a receiver's application for the removal of occupants from several Grangegorman premises for one week. Receiver Luke Charleton, appointed by NAMA, sought to have people who allegedly remained on the site – estimated at 20 to 30 – removed, as the properties were ordered to be vacated by 5 May. Charleton's client, businessman Paschal Conroy, owes €21.9 million and the receiver wants to sell the properties to satisfy the debt. Mr Graham O'Doherty, the receiver's solicitor, now wishes to take possession but cannot do so while occupants remain. Two men, Stephen Bedford and Gréum Ná Hearadh, opposed the application and requested a stay pending the appeal. The judge refused to extend the stay, noting that the appeal is listed for 14 May in the Court of Appeal.
Michael Riordan, aged 49, was convicted of 21 counts of sexual assault against his step‑daughter between September 2007 and November 2012. A jury found him guilty on nine counts and acquitted him on the rest by direction. He received a sentence of two‑and‑a‑half years' imprisonment on 4 July 2014. Riordan appealed, arguing that facts disclosed in the victim's impact statement – such as the accused allegedly breaking the shower on purpose and his alleged dislike of the victim until she was 13 – contradicted her evidence and should have led to the withdrawal of the remaining counts. The Court of Appeal rejected the appeal, stating the new facts were minor and did not affect the fairness of the trial or the cross‑examination. Riordan was ordered to serve the remainder of his sentence in prison. The victim had waived anonymity, allowing the court to publish his identity. Michael Riordan pleaded not guilty.
Robert Murphy, 32, a drug addict, was convicted at Dublin Circuit Criminal Court for possessing a knife, discharging a firearm, and arson. He received an effective sentence of four years imprisonment with five years suspended on 10 October 2014. The Court of Appeal, agreeing with the Director of Public Prosecutions, found the sentence "unduly lenient" and ordered a new sentence to be imposed later. The appeal highlighted that Murphy was found with a flick knife in May 2012, discharged a sawn‑off shotgun at a house door, and set fire to a house occupied by a mother and child. The court noted Murphy's history of 60 convictions, including six for knife possession, and that the suspended periods for the shotgun and arson offences were also deemed unduly lenient. The new sentence will be determined at a future hearing. Robert Murphy pleaded guilty.
Richard Comerford, aged 55 and without a fixed address, had pleaded guilty in 2009 to robbery and possession of an imitation firearm at Boylesports bookmakers on Capel Street, Dublin. He was originally sentenced in February 2014 to five years' imprisonment, with the final two years suspended, by Judge Mary Ellen Ring. The Director of Public Prosecutions had previously argued that the sentence was unduly lenient, citing that Comerford was arrested shortly after the robbery while sitting in a pub on Capel Street with his co‑accused, drinking pints. On appeal, the three‑judge Court of Appeal, led by Mr Justice Garrett Sheehan, found the sentence too lenient in light of his 66 prior convictions. The court therefore increased his sentence by two years, setting aside the original term and imposing a new five‑year imprisonment from the original start date, with the same suspended portion.
Michael Harty, aged 30, was convicted of dangerous driving that caused the deaths of Maurice Hartnett, 61, and his wife Margaret, 59, on 29 July 2009 in Askeaton. The jury found him guilty and he received a five‑year prison sentence and a 30‑year driving ban on 25 January 2013. Harty appealed the conviction and was granted bail five months later. The appeal focused on whether the trial judge correctly admitted biochemistry reports showing Harty's blood‑alcohol level exceeded the legal limit. Harty's counsel argued the evidence breached his constitutional right to privacy, claiming the right had never been formally enumerated. The Court of Criminal Appeal, led by Justice Garrett Sheehan with Justices George Birmingham and John Edwards, upheld the original conviction, stating the judge had acted correctly in admitting the evidence. Harty must now serve the original sentence. The court will publish its full reasoning at a later date. Michael Harty pleaded not guilty.
A British man, Christopher Wiggins (48), who was found on a boat holding more than €400 million worth of cocaine off the Irish coast, has appealed his conviction. Wiggins pleaded guilty at Cork Circuit Criminal Court to possession of cocaine for sale or supply on November 5, 2008, when the boat 'Dances With Waves' was boarded 250km off the Irish coast. He was sentenced to 10 years imprisonment by Mr Justice Carroll Moran on May 8, 2009. Representing himself, Wiggins argued that a section 15A sale or supply drugs offence could not have been levied against him as the offence was committed outside the State and no importation was involved. He also claimed the boarding of the boat by Irish authorities was unlawful. The Navy Boarding Party, which was also an appellant, admitted to possession of cocaine for sale or supply on November 5, 2008, when the boat was boarded. Philip Doo (58), one of Wiggins' co-accused, withdrew his appeal before proceedings commenced. The court heard that the boat 'Dances With Waves' was flying the British Red Ensign but was not registered. Counsel for the Director of Public Prosecutions, Thomas Creed SC, stated that the boarding was lawful and that there was no basis for Wiggins' argument regarding section 15A of the Misuse of Drugs Act. The court has reserved judgment and will deliver its decision as soon as possible.
The Court of Appeal has dismissed Joe O'Reilly's application to have his conviction for the murder of his wife declared a miscarriage of justice, ruling the bid an abuse of process. The 42-year-old appellant was found guilty by a Central Criminal Court jury in July 2007 and sentenced to life imprisonment for the murder of his wife at their home in the Naul, Co. Dublin. The three-judge panel, led by Mr Justice George Birmingham, agreed with the Director of Public Prosecutions that O'Reilly's application, based on events during his trial where a portion of the book of evidence was found in the jury room, was an unacceptable strategy to raise after his earlier appeal. The court noted that O'Reilly was fully informed and engaged with the issue at the time, having instructed his legal team not to discharge the jury. Consequently, his application under section 2 of the Criminal Procedure Act will not proceed to a full hearing. This decision follows O'Reilly's failed appeal against conviction in 2009 and a subsequent unsuccessful attempt to quash his conviction in 2012. Rachel O'Reilly's mother, Rose Callaly, expressed relief at the outcome, stating the family was thrilled to have continued to receive justice.
Michael McKevitt, 66, a former Real IRA leader, was sentenced to 20 years in 2003 by the Special Criminal Court for directing terrorism and membership of an illegal organisation. His sentence, back‑dated to 2001, is set to be reduced by the normal one‑quarter remission, with release expected in July 2016. McKevitt applied for an additional 8 % remission, arguing that participation in structured prison activities such as art, drama, French, home economics and yoga entitled him to a one‑third remission. The High Court refused this request, stating the Minister for Justice could only consider whether the prisoner had completed authorised activities and had shown good conduct. McKevitt has now appealed that decision to the Court of Appeal, where counsel argues that the High Court's rulings were inconsistent and that the Minister's discretion was improperly limited. The Court of Appeal will decide the appeal shortly.
The Special Criminal Court granted temporary bail to Brian Nick McBennet, one of seven men charged with membership of an unlawful organisation, specifically the IRA. McBennet, aged 56, and his co-accused—Peter Burns, Kevin Braney, Michael Barr, John Brock, Declan Phelan, and Desmond Christie—were charged on July 3, 2013. The three-judge panel, presided over by Justice Paul Butler, allowed McBennet bail from May 22 to May 24 on consent. Conditions included a €100 personal bond, surrendering travel documents, residing at a specified address, daily garda station sign-ins, a curfew, and providing a dedicated mobile phone number. He was also prohibited from contacting prosecution witnesses or associating with persons charged with scheduled offences outside the presence of his legal team. An independent surety of €10,000 was provided, with the surety agreeing to freeze their bank account to maintain that balance. The court noted that an application to adjourn McBennet's trial, currently listed for June 9, will be made on Tuesday. This adjournment is pending an appeal by the Director of Public Prosecutions on a point of law in a connected case, which is scheduled for the following week in the Court of Appeal. The matter remains subject to this procedural delay.
A 57-year-old man with a history of paramilitary activity has had his prison sentence reduced on appeal following his conviction for sexually abusing two young girls in Donegal. The Court of Appeal in Dublin reduced his sentence from fifteen years to thirteen years imprisonment, with the final three years suspended. The man pleaded guilty in 2012 at the Central Criminal Court to sixteen counts of rape and indecent assault against two girls between November 2008 and May 2009. The offences occurred across four locations over a nine-month period. The court heard the man had fled the jurisdiction after detection but was subsequently returned on foot of an extradition warrant. The three-judge panel, led by Mr Justice George Birmingham, determined the original sentence was excessive as a starting point. Conditions of release include a €1,000 bond, eighteen months post-release supervision, and a permanent prohibition on contact with the victims.
Paul Henry, a 29-year-old Roscommon man, has successfully appealed his acquittal for the murder of his mother, Ann Henry, at The Spinney, Abbeystown, in September 2011. Henry had originally pleaded not guilty to the charge. At the Central Criminal Court in Castlebar, a jury found him not guilty by reason of insanity, resulting in his commitment to the Central Mental Hospital by Mr Justice Paul Carney in May 2014. Henry sought a retrial to plead and potentially be convicted of manslaughter by reason of diminished responsibility, aiming for a determinative sentence rather than indefinite detention. The Court of Appeal, comprising Mr Justice George Birmingham, Mr Justice Garrett Sheehan, and Mr Justice John Edwards, ordered a retrial. The court found an "element of misdirection" by the trial judge regarding the burden of proof. The judgment clarified that where the prosecution contends for a verdict of not guilty by reason of insanity, the prosecution must prove this on the balance of probabilities. The court noted that the previous outcome led to heavy medication and indefinite detention, whereas a murder conviction would result in a different prison regime. The retrial is scheduled to be listed in the Central Criminal Court in two weeks. This case is noted as the first in Ireland to address the standard of proof for this specific prosecution-led insanity verdict.
In 2015, a 54‑year‑old Dublin man was convicted of 60 counts of sexual assault against six daughters of his former partner, for acts that occurred between 1994 and 2005 while he lived in their family home. A jury found him guilty on all counts and he was sentenced to seven years' imprisonment, with the final two years suspended by Judge Desmond Hogan on 31 May 2013. The Court of Appeal dismissed his appeal against conviction, ruling that although the trial judge erred in its corroboration warning, the error worked in the defendant's favour. The appeal was rejected by Justice Garrett Sheehan, with Justices Seán Ryan and John Edwards. The DPP's application for a review of the sentence will be heard on 19 May. The case remains at the conviction stage, with no further outcome reported. The unnamed 54-year-old pleaded not guilty.
Duane Brady, 36, pleaded guilty in Dublin Circuit Criminal Court to two counts of assault causing harm to his former partner on the number 39 Dublin Bus and on a public street near Blanchardstown Shopping Centre on 13 May 2011. The victim fled the bus, was punched by Brady, lost consciousness and suffered a fractured hand, swelling, bruising and rib abrasion. Brady had 43 previous convictions, including robbery and assault, and a long history of drug and alcohol addiction. On 10 March 2014, Justice Carmel Stewart imposed a wholly suspended two‑year sentence, which the Director of Public Prosecutions described as "unduly lenient." The DPP appealed, arguing the judge erred in imposing a non‑custodial sentence and that the suspension should have been longer. The Court of Appeal, led by Justice George Birmingham, dismissed the appeal, stating that the suspended sentence was appropriate and that incarceration was not warranted at this stage. The case remains at the appellate decision stage.
The President of the High Court has rejected applications by three men imprisoned for drug possession offences, who sought release following a Court of Appeal decision that struck down provisions of the Misuse of Drugs Act as unconstitutional. Keith Willis was convicted of possessing ecstasy tablets after gardaí discovered drugs in his vehicle in Sligo in 2012. Anthony Murphy and Joseph Carberry were each convicted of possessing synthetic cannabis and pentedrone respectively for supply purposes. The men argued their detention had become unlawful after the Act's regulatory framework was found unconstitutional, contending the substances were not legally prohibited at the time of their arrests. Mr Justice Nicholas Kearns dismissed the applications, finding their detention remained valid. He held that prior Supreme Court authority established that cases concluded under laws subsequently found unconstitutional need not be reopened absent wholly exceptional circumstances. The judge determined none of the applicants satisfied the threshold for such exceptional relief. Anthony Murphy pleaded guilty. Joseph Carberry pleaded guilty. Keith Willis pleaded guilty.
Gordon Ryan, 22, of Greenfields, Rosbrien, was convicted twice for possessing an improvised firearm in Limerick. He pleaded guilty to the first offence on 7 November 2012 and to the same offence on 23 June 2013. The first conviction carried a three‑year term with the last 12 months suspended. The second conviction was originally a three‑year term, but the Court of Appeal increased it by two years, citing undue leniency. The judge noted that Ryan was on bail for the first offence when the second offence occurred, involving the discharge of a shotgun that injured a companion. Ryan had 41 prior convictions. The Court of Appeal substituted a five‑year term for the second offence, resulting in an aggregate sentence of eight years with the final 12 months suspended. Ryan was required to bond €100 for the suspended portion.
The Court of Appeal has dismissed an application by the Director of Public Prosecutions to review the sentence of Alan Harte, finding it was not unduly lenient. Harte, 34, had pleaded not guilty to the murder of his friend Peter Gunn in January 2009 but admitted assisting in the disposal of Gunn's body. A jury found him not guilty of murder but guilty of assisting in the disposal of the body. He was sentenced to six years' imprisonment, with the final three years suspended. The DPP argued the sentence was unduly lenient and sought to have the suspended portion removed, proposing Harte serve an additional year or 18 months. However, Mr Justice Garrett Sheehan, sitting with Justices Birmingham and Mahon, held that the trial judge had properly applied principles of proportionality and rehabilitation. The court noted that Harte was already under active probation supervision, making the proposed increase disproportionate. The appeal was unsuccessful, and the original sentence stands. Kastriot Boza, who was also involved in the disposal of the body, had previously received a six-year sentence with the final two years suspended, which was reduced by two years in a separate Court of Appeal hearing last November. Boza is currently in the witness protection programme.
An 81‑year‑old former primary school principal, Patrick Barry of Kilkee, has appealed his 11‑year prison sentence for indecent assault of 11 female pupils at Moyasta National School between 1964 and 1985. He pleaded not guilty to 67 charges but was found guilty on 59 counts by a jury; the trial judge, Gerald Keyes, directed not guilty on eight counts. Barry's sentence, imposed at Ennis Circuit Criminal Court on 19 November 2014, was 11 years with the final five suspended. The Court of Appeal dismissed his appeal against conviction, ruling it could not hold on any of his 12 grounds of appeal. Barry's appeal against sentence was reserved, with a decision expected on 15 May. The case involved allegations of indecent touching and forced positions in the classroom, with victims present. The court noted the seriousness of the offences and Barry's position of trust. The appeal was heard by Justices Garrett Sheehan, Alan Mahon and George Birmingham.