Anthony 'Tony' Kelly, aged 24, pleaded guilty to assault causing serious harm after a May 2011 unprovoked attack on a 22‑year‑old man in Limerick. The original sentence, imposed by Mr Justice Carroll Moran on 10 February 2012, was four years' imprisonment with the final two years suspended. The Director of Public Prosecutions, represented by John O'Sullivan BL, appealed, arguing that Kelly had "gone on a rampage," robbed a man of money and a mobile phone, and then, 24 hours later, slashed the face of another man, causing permanent facial disfigurement. The Court of Appeal, hearing the case on 23 April 2015, found the sentence "unduly lenient." Mr Justice Garrett Sheehan, joined by Mr Justice Alan Mahon and Mr Justice John Edwards, ordered a probation report and postponed the new sentencing to 4 June 2015, where a revised sentence would be imposed.
James Kelly, 25, a 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 was sentenced to six years' imprisonment, with the final two years suspended for seven years. The Director of Public Prosecution appealed, arguing the sentence was unduly lenient. The Court of Appeal, hearing the appeal on 23 April 2015, found the sentence too lenient and remanded Kelly in custody until 4 June 2015 for a new sentence. Kelly's defence counsel noted he was no longer on heroin and had completed the custodial part of his sentence, having been released for less than a week before being returned to custody. The appeal focused on the seriousness of the offence, the use of a knife, the victim's false imprisonment, forced driving, ATM theft, and the threat of rape and indignities. James Kelly pleaded guilty.
The Special Criminal Court has fixed a trial date for April 2017, the earliest available slot, amid significant backlog delays. The court currently has 32 people before it and has scheduled 19 trials extending into early 2017. Among these is the trial of Donal Billings, a Co Longford man charged with possession of an improvised explosive device, scheduled for October 2016. Billings has been on bail for several years awaiting this trial, which is set to begin over five and a half years after the alleged offences. The Supreme Court previously criticised delays in the case of Thomas "Slab" Murphy, who faces alleged tax offences dating back to 1996, noting that much of the delay was caused by his repeated challenges. Recent high-profile proceedings have also contributed to the schedule's congestion. In July 2014, Wayne Dundon and Nathan Killeen were convicted of the murder of Limerick businessman Roy Collins and jailed for life following a 29-day trial. Additionally, the trial of three men accused of the murder of Peter Butterly collapsed in January after 55 days due to a disclosure issue; their retrial is ordered for January 2017, and they have been released on bail. A separate legal issue regarding IRA membership arrests is pending before the Court of Appeal, with the State set to hear an appeal next June against a ruling that gardai cannot arrest suspects for IRA membership without a warrant if previously arrested for the same offence.
Jimmy Cash, 25, appeared in the Court of Appeal on 9 July after being refused bail pending his appeal against a six‑year sentence for driving the wrong way up the M50 motorway. He had pleaded guilty in February 2013 to endangerment, dangerous driving, driving while disqualified and having no insurance. The offence caused a five‑car collision with serious injuries, and Cash himself was seriously injured, not wearing a seatbelt. He had 85 previous convictions, including 16 for dangerous driving and 31 for burglary. Cash was assaulted on Monday of the week, requiring 20 stitches to his left cheek, and his barrister argued this as a special circumstance. The three‑judge panel, led by Mr Justice George Birmingham, found Cash fell "way short" of the bail threshold and refused bail, noting the early appeal hearing date and lack of request for a different date.
The Court of Appeal has refused the Director of Public Prosecutions' application to review the sentence of Tomas Banaitas, also known as Sarunas Juozaponis. The appellant, a 24-year-old resident of Blanchardstown, Dublin 15, had previously pleaded guilty at Dublin Circuit Criminal Court to possession of a 9mm firearm and two magazines containing 14 bullets each. These items were allegedly found at Grange Road, Clonsilla, on September 13, 2013. Judge Martin Nolan sentenced Banaitas to three years and three months imprisonment on November 11, 2014, departing from the presumptive five-year minimum for illegal firearm possession. The DPP argued this sentence was unduly lenient, citing the obliterated serial number and taped magazines as sinister aspects. However, the Court of Appeal, led by Mr Justice Alan Mahon, upheld the original sentence. The judges accepted that the sentencing judge appropriately considered Banaitas' lack of previous convictions, his guilty plea, and his likelihood of rehabilitation. Additionally, the court noted that the sentence was reduced from four years to three-and-a-quarter to account for Banaitas' status as a non-national who had received no prison visits. The panel, including Mr Justice Birmingham and Mr Justice Sheehan, concluded that the sentence was not unduly lenient and dismissed the appeal.
Waldemar Solowiow, 48, was convicted of murder and sentenced to life imprisonment for the death of his 37‑year‑old girlfriend, Mary Ryan, who was found unconscious in his Dublin bedsit on 18‑19 May 2012. Ryan died from neck compression and blunt force head trauma. Solowiow had pleaded not guilty to murder but guilty to manslaughter, claiming provocation after a physical fight the night before. He was found guilty of murder by a majority jury and received a mandatory life sentence on 31 October 2013. His counsel, Paul Burns SC, has now applied to the Court of Appeal for either a retrial or a substitution of the murder verdict with manslaughter. The appeal focuses on whether Solowiow's false statements about the circumstances, which he later recanted, could be admitted as evidence and whether they undermine the provocation defence. The Court of Appeal will decide at a future hearing.
Ali Charaf Damache, a 50‑year‑old Algerian‑born Irish citizen, has been remanded until 21 May while his extradition case is heard in the High Court. Judge Aileen Donnelly said she hoped to deliver a judgement next month, though this may not happen. Damache faces US charges of conspiracy to provide material support for terrorists and attempted identity theft to facilitate international terrorism. He previously won a Supreme Court appeal allowing judicial review of the Director of Public Prosecutions' refusal to prosecute him in Ireland. If convicted in the US, he could face up to 45 years in jail.
Alan Freeman, aged 34, pleaded guilty to theft in a 2009 robbery of over 40 firearms at Carrick on Suir, Tipperary. He was sentenced to seven years' imprisonment by Judge Gerrard Griffin on 1 April 2014. In a Court of Appeal hearing on 20 April 2015, Freeman's counsel, Dominic McGinn SC, applied to appeal the conviction on the single ground that the prosecution bore the burden of proving Freeman was not induced into pleading guilty. McGinn argued that Freeman had extensive contact with a senior investigating Garda, a detective superintendent, up to the evening before the plea, including phone calls and face‑to‑face meetings, and that this contact was not disclosed to Freeman's legal team. He claimed Freeman effectively told his counsel he would plead guilty regardless of advice. The Director of Public Prosecutions' counsel, Patrick McCarthy SC, countered that Freeman's plea was freely made and that no illegal conduct had occurred.
Patrick Barry, 80, former principal of Moyasta National School in west Clare, was convicted of indecent assault on 11 female pupils between 1964 and 1985. He pleaded not guilty to 67 charges but was found guilty on 59 counts by a jury, with the remaining eight dismissed by Judge Gerald Keyes. Barry received an 11‑year prison sentence, of which the final five years were suspended. On 20 April 2015, the Court of Appeal dismissed his appeal against conviction. Justice Garrett Sheehan, sitting with Justices George Birmingham and Alan Mahon, ruled that Barry's 12 grounds of appeal were unsubstantiated. The appeal was rejected, leaving the original conviction and sentence in place. The case highlighted allegations that Barry had physically abused pupils in class, including touching them indecently and forcing them to touch his genital area.
Gregory Shannon, 35, of Dundalk, pleaded guilty to reckless endangerment after driving his car at a person he had apparently fallen out with in a local car park on 17 May 2012. The original sentence, imposed by Judge Michael O'Shea on 15 March 2014, was three‑and‑a‑half years' imprisonment with the final year suspended. On appeal, Justice Garrett Sheehan found that the trial judge had erred by not fully considering mitigating factors such as Shannon's guilty plea, work record and community activity, and by failing to consider a community‑service order. The Court of Appeal set aside the original sentence and imposed a new term of three‑and‑a‑half years' imprisonment with the final two years suspended. Shannon was required to post a €500 bond and keep the peace for two years, to which he agreed.
Christopher Ward, aged 52, was convicted of raping his 74‑year‑old aunt Kathleen Ward in Dundalk on 13 March 2011. After an eight‑day trial, a Central Criminal Court jury found him guilty and Mr Justice George Birmingham sentenced him to 14 years' imprisonment on 19 May 2014. Ward had pleaded not guilty and was due to appeal his conviction and sentence in the Court of Appeal before 18 April 2015. However, his barrister, Michael O'Higgins SC, informed the Court that Ward suffered a heart attack on Friday and died, so the appeal will not proceed.
Charles Twesigye, a Rwandan national, was convicted in 2012 at Dublin Circuit Criminal Court of a section 15 offence for possessing drugs for sale or supply, but acquitted of a section 15a offence for possessing drugs worth more than €13,000. He received a 10‑year sentence with the final three years suspended, imposed by Judge Patricia Ryan on 31 January 2014. The conviction stemmed from a FedEx package addressed to "Mr Seán Kelly" that contained cocaine valued at over €142,000. Twesigye has now applied to the Court of Appeal to challenge the conviction, arguing that it is illogical and inconsistent to be acquitted of the higher‑value offence while being convicted of the lower‑value offence, given that the same drugs were involved. His barrister, Conor Devally SC, contended that the jury may have misunderstood the offence, and that procedural issues surrounding the timing of his arrest and subsequent detention could have affected the admissibility of evidence. Charles Twesigye pleaded not guilty.
Trevor Purdy, 41, was found guilty of aggravated burglary, possession of a firearm and ammunition, false imprisonment, making threats to kill and assault causing harm at Kilbarrack Avenue, Dublin, in September 2006. A jury at the Dublin Circuit Criminal Court convicted him on all counts and Judge Patrick McCartan sentenced him to ten years in prison on 19 May 2010. Purdy appealed, arguing that his sentence had not been properly backdated and that the sentencing judge had effectively "thrown away the key". The Court of Appeal, hearing the appeal, confirmed that Purdy had spent nine months in custody for which he had not received credit. Consequently, the Court backdated his sentence by nine months, leaving the ten‑year term, the suspended portion and effective custody unchanged. The appeal did not alter the conviction or the nature of the offences. The case remains at the appellate stage. Trevor Purdy pleaded not guilty.
In a Limerick Central Criminal Court hearing, Richard Higgins, aged 45, was convicted of murdering Seán Murphy, aged 29, on 17 January 2010, and received a mandatory life sentence on 28 July 2011. The jury also found him guilty of two counts of threatening to kill Murphy and his partner. Higgins, who pleaded not guilty, has now lodged an appeal in the Court of Appeal. His counsel, Mr Michael Bowman SC, argues that the conviction is unsafe, citing a mis‑representation of Higgins' statement to a third party. Bowman contends that the transcript used by the prosecution was incorrect, as Higgins actually said, "what would kill me…", which changes the meaning. He also claims the threatening counts should not have been included on the indictment, noting no Garda investigation into those threats. The Court of Appeal, presided over by Mr Justice Seán Ryan, will render a judgment as soon as possible.
Anthony Naughton, a 29‑year‑old van driver from Ballyfermot, Dublin, was sentenced to a wholly suspended six‑year prison term for possessing €137,000 worth of heroin for sale or supply at Steeples Apartment Complex in Chapelizod on 6 February 2012. He had pleaded guilty at Dublin Circuit Criminal Court. The Court of Appeal dismissed the Director of Public Prosecutions' appeal that the sentence was unduly lenient. The court noted that Naughton had been targeted because of his "appearance of cleanliness", had been physically assaulted, had his jaw broken, his vehicle vandalised and his parents threatened if he did not comply with the criminals' demands. The court found the duress, threats to his family, attacks on him and his property were exceptional circumstances that justified a high degree of leniency, and therefore upheld the suspended sentence. No prison term was imposed.
The Court of Appeal has reduced the prison sentence of John McCabe, a former Christian Brother, following an appeal against his conviction for indecently assaulting three young deaf boys between 1981 and 1984. McCabe, who pleaded guilty to six counts at Dublin Circuit Criminal Court, was originally sentenced to 12 years in prison with three suspended by Judge Martin Nolan in May 2012. The appeal succeeded because the Circuit Court operated on an incorrect maximum sentence; a recent Court of Appeal decision established that the maximum penalty for indecently assaulting males in the 1980s was two years, not ten. Mr Justice George Birmingham, speaking for the court, noted that while the offences were serious and committed by a person in a position of authority, McCabe had made full video-taped admissions, which deserved significant credit. The court also considered that McCabe was assessed as a low risk of reoffending and had taken significant steps toward rehabilitation. The DPP's request for an adjournment to appeal a related decision was refused. Consequently, the Court of Appeal imposed a new sentence of five years, structured as two years for the first complainant, two years for the second, and one year for the third, all to run consecutively. McCabe was returned to prison to serve this reduced term.
Christopher Coakley, a 23‑year‑old heroin addict, pleaded guilty to unlawfully seizing a woman's car with her child in the back seat on 5 August 2012. He was sentenced to three years' imprisonment by Judge Desmond Hogan on 25 February 2013. The Director of Public Prosecutions appealed, arguing that the judge had not fully considered Coakley's 92 prior convictions and his previously suspended five‑year sentence. The Court of Appeal heard that Coakley had been a heroin addict since age 13 and had spent most of his life in custody since age 14. His mother said he had become drug‑free in September 2012. The court adjourned sentencing to 20 July, remanding him in custody with the condition that he attend the Coolmine Alcohol and Drugs Service Community. If he left Coolmine, the court warned that authorities would be notified and a stricter view would be taken. The court offered him a chance to engage in drug rehabilitation.
Darren Snee, a 25‑year‑old boxing coach from Palmerstown, pleaded guilty to possessing ecstasy, cannabis and cocaine. A Court of Appeal ruling declared ecstasy and other drugs unconstitutionally banned, leading the Director of Public Prosecutions to withdraw the ecstasy charge. Judge Martin Nolan imposed a two‑and‑a‑half‑year suspended sentence for the remaining cannabis (worth €819) and cocaine (valued €399) offences. Snee had previously been convicted of burglary. At the sentencing hearing, Garda John McWeeney presented evidence of Snee's drug dealings, including six bags of cocaine, a bag of rock cocaine hidden in a can of Coors Light, 24 deals of cannabis, €2,260 in cash, a digital weighing scale, and a black drum containing 19 bags of MDMA. Snee claimed he was holding the drugs for others and that the cash was personal gifts. His defence, led by Pieter Le Vert BL, highlighted his reduced cannabis use and future aspirations in architecture and sports.
In a Dublin Circuit Criminal Court case, Robert Harrison, 50, was convicted of possessing drugs for sale or supply in 2001 and sentenced to five years imprisonment in 2002. In 2009, a confiscation order under section 4 of the Criminal Justice Act 1994 removed €6,455 from him. Harrison appealed the confiscation in the Court of Appeal, seeking to add an additional ground of appeal. The Court of Appeal refused leave to add this ground and dismissed the appeal. The court noted that the confiscation order had been based on a Garda's affidavit claiming Harrison sold €350,000 worth of drugs, whereas Harrison admitted €181,000. The judge found no reason to believe the court acted on inadmissible evidence and that the judge's reasoning was terse but adequate. The appeal was therefore dismissed. The case highlighted the admissibility of opinion evidence in confiscation proceedings. Robert Harrison pleaded guilty.
A 22‑year‑old Clare man, Joseph Lernihan, pleaded guilty to two robberies of a 68‑year‑old pensioner, Michael McMahon, in February 2012. The first robbery saw McMahon hand over €4,000 through broken windows; the second robbery involved a pipe‑like object used as a gun threat and the theft of €3,000. McMahon, terrified, cycled 30 miles to a nursing home in Ennis and never returned to his home. Lernihan was initially sentenced by Judge Carroll Moran to a wholly suspended three‑year term, €3,780 compensation and forfeiture of a Volkswagen Passat bought with the proceeds. The Court of Appeal agreed the sentence was unduly lenient but, citing Lernihan's progress, imposed no prison term, instead ordering 240 hours of community service in lieu of a 12‑month sentence, a suspended 24‑month period, and a €100 bond for good behaviour over the three‑year suspended term.
Joe Heffernan, a 35‑year‑old farmer from Cappagh Beg, was convicted of murdering 21‑year‑old student Eoin Ryan in 2011 and sentenced to life imprisonment by Mr Justice Patrick McCarthy in 2013. Heffernan now appeals, arguing that the prosecution should have proved he did not suffer from diminished responsibility at the time of the offence. His counsel, Padraig Dwyer SC, contended that the burden of proof for the absence of a mental disorder lies with the prosecution, citing the Criminal Law Insanity Act 2006. Dwyer argued that the defence must obtain a direction from the judge that mental issues are present, after which the prosecution must prove beyond a reasonable doubt that the accused was not mentally disordered. The Director of Public Prosecutions, Bernard Condon SC, maintained that the statute places the burden on the defence. The Court of Appeal will reserve its decision. Joe Heffernan pleaded not guilty.
Clive Dwyer, aged 32, was convicted in 2013 of four counts of sexual assault, three counts of oral rape and one count of anal rape against a seven‑year‑old boy, and sentenced to nine years' imprisonment. In 2015 he appealed, arguing that during the trial the prosecution played a VHS tape of his Garda interviews at an inappropriate time. The tape was stopped prematurely, replayed, and seven words – "I wasn't around kids. I haven't been…" – were heard by the jury. Dwyer's counsel claimed the words were prejudicial, appearing without context and contradicting the memorandums of interview that had been agreed upon by both sides. The prosecution admitted an error but said it did not prejudice the case. The Court of Appeal noted the mistake and reserved its decision for a future hearing. The appeal concerns only the alleged prejudice of the tape, not the conviction itself. Clive Dwyer pleaded not guilty.
Two Dublin men, David Crowley (38) and Alan Wilson (36), are awaiting the outcome of appeals against convictions for trespassing and assault causing harm at Dromheath Drive, Blanchardstown, on 3 June 2009. Crowley was also charged with unlawful possession of a firearm. Both were found guilty by a jury at the Dublin Circuit Criminal Court and sentenced by Judge Desmond Hogan on 12 April 2013 to eight years and seven years imprisonment respectively. In the Court of Appeal, Wilson's counsel, Padraig Dwyer SC, argued that no evidence existed of trespassing or assault and highlighted that Wilson was wearing a bulletproof vest at the time of arrest. The prosecution, represented by Paul Burns SC, maintained that the vest indicated joint enterprise with Crowley, who carried a firearm. The court has reserved judgment and will decide as soon as possible. David Crowley pleaded not guilty. Alan Wilson pleaded not guilty.
In March 2015 the Court of Appeal overturned a wholly suspended seven‑year sentence that had been handed to a 53‑year‑old man for raping and indecently assaulting his wife's younger sister in the mid‑1980s. The man had pleaded not guilty to two counts of rape and two counts of indecent assault committed between 1985 and 1986. A jury found him guilty on all counts and the original judge, Mr Justice Garrett Sheehan, had suspended the entire seven‑year term in 2013, citing the need to support the man's family, who had two autistic sons requiring 24‑hour care. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. On 24 March 2015 Mr Justice Seán Ryan, President of the Court of Appeal, imposed a new three‑year prison term, stating the court's aim was "just punishment".
In March 2015, Ivan Tihon, a 32‑year‑old Moldovan national with no fixed abode, was sentenced to eight years' imprisonment in Dublin Circuit Criminal Court for facilitating the storage and distribution of drugs, firearms and ammunition worth €1.6 million. Tihon had previously pleaded guilty to possession of ecstasy valued at €1.8 million, a plea later vacated by the State following the Court of Appeal's "Bederev Judgement." He pleaded guilty to possession of cocaine and cannabis for sale or supply at Finglas Business Park and other Dublin locations on 17 April 2014, and to possession and control of various 9 mm and .22 calibre pistols, a 9 mm Steyr submachine gun, 96 rounds of 9 mm ammunition and 50 rounds of .22 ammunition. Eight men were arrested in a Garda operation that seized 82.76 kg of cannabis (valued at €1,674,518) and cocaine (valued at €6,300), along with the firearms and ammunition.
Two Dublin men, David Crowley (38) and Alan Wilson (36), appealed their convictions for trespassing and assault at Dromheath Drive, Blanchardstown, on 3 June 2009. Crowley also faced a second charge of unlawful firearm possession. Both were found guilty by a jury at the Dublin Circuit Criminal Court and sentenced to eight and seven years' imprisonment respectively by Judge Desmond Hogan on 12 April 2013. In the appeal, Crowley's counsel, James O'Brien SC, argued that the jury should have been discharged after Crowley offered a juror a cigarette lighter outside court, an act described by the jury as a "jaw‑dropping moment." O'Brien also highlighted the victim's former partner, Lisa Murray, who later retracted her statement and claimed no memory of the events. Wilson's counsel, Padraig Dwyer SC, contended that there was no evidence of trespassing or assault, that the admission of Murray's statement was wrong, and that evidence of Wilson's bullet‑proof vest was prejudicial. David Crowley pleaded not guilty. Alan Wilson pleaded not guilty.
In March 2015 the Court of Appeal overturned a wholly suspended three‑year sentence given to Alan Kilmartin, a security guard, for an unprovoked assault on a woman in her Ennis home. Kilmartin had pleaded guilty to assault causing harm on 2 March 2012 and received a wholly suspended sentence in November 2013, suspended for five years. The Director of Public Prosecutions argued the sentence was unduly lenient. Justice Seán Ryan, with Justices John Edwards and Michael Peart, found that while mitigating factors existed, they did not negate the seriousness of the crime. He ordered Kilmartin to serve a two‑year prison term, with the suspended portion remaining. The victim, who wished to remain anonymous, suffered head injuries, fractures and psychological harm. The court also returned a €3,000 compensation offer to Kilmartin.
An application by Brian O'Donnell and his wife Mary Patricia to annul their bankruptcy, adjudicated in 2013 and confirmed by the Supreme Court, is scheduled for Thursday, March 26th. The couple argues the loans were provided by Bank of Ireland Private Banking, an entity they claim lacks a banking licence, rendering the transactions illegal. Bank of Ireland opposes the application, arguing the matter was fully resolved in previous High and Supreme Court proceedings. Ms Justice Caroline Costello directed that Dr Mary Patricia O'Donnell attend the hearing. Additionally, applications brought by the O'Donnell children, including a motion to set aside a search warrant for their Gorse Hill property, are also due before the court on Thursday. The Official Assignee, Chris Lehane, has applied for leave to cross-examine the children. Separately, the O'Donnells are due before the Court of Appeal on Tuesday regarding an appeal against a finding that they are trespassing at Gorse Hill, a decision made by Mr Justice Brian McGovern. The receiver, Tom Kavanagh, seeks to sell the property to satisfy part of the debt. In related proceedings, Mr Justice Brian Cregan adjourned the receiver's claim for damages against the four children for lost rent, estimated at €12,500, to April 27th. Commercial Court proceedings involving the O'Donnells were also adjourned to the same date.
Gary Hanley, 26, of North Great Clarence Street, Dublin 1, was convicted of possessing five bars of cannabis resin for sale or supply at the Alfie Byrne apartment complex on 10 April 2009. A jury found him guilty at the Dublin Circuit Criminal Court and he was sentenced to six years' imprisonment, with the final two years suspended by Judge Patricia Ryan on 16 March 2013. Hanley appealed the conviction, arguing that the case should have been withdrawn from the jury and that there was no case to answer. Judge Garrett Sheehan rejected the appeal, noting that a Garda had searched a large wheelie bin at the complex, where a blue hold‑all bag and a yellow Dunnes Stores bag were found. Inside the plastic bag were five bars of cannabis resin, and a partial forefinger mark matching Hanley's fingerprints was on the tear of the bag. Gary Hanley pleaded not guilty.
Joseph Lernihan, aged 22, pleaded guilty to two robberies of 68‑year‑old Michael McMahon in February 2012. The first robbery involved breaking windows and taking €4,000; the second involved a fake gun and taking €3,000. McMahon fled to a nursing home 30 miles away. Lernihan was sentenced on 3 March 2014 to a fully suspended three‑year term, ordered to pay €3,780 compensation and to forfeit a Volkswagen Passat bought with the proceeds. The Director of Public Prosecution appealed, arguing the sentence was too lenient. The Court of Appeal found the trial judge erred and sent the case back to assess suitability for community service. The case remains at the stage of determining whether Lernihan will serve community service rather than prison.
Keith Willis, a Dublin man currently incarcerated at Wheatfield Prison, has brought an application under Article 40 of the Constitution seeking an inquiry into the legality of his continued detention. This follows a recent Court of Appeal judgment that struck down a government regulation declaring possession of certain drugs an offence, ruling that Section 2(2) of the 1977 Misuse of Drugs Act was unconstitutional because it vested law-making powers in the Government rather than the Oireachtas. Willis argues that the Misuse of Drugs Act provision making possession of ecstasy an offence was invalid when he received his custodial sentence. In 2013, Willis pleaded guilty to possessing ecstasy tablets, valued at €31,250, for sale or supply at Sligo Garda Station. Judge Anthony Hunt sentenced him to five years in prison, with the last two years suspended. Although the source text mentions a three-year jail term in the introduction, the specific sentencing detail provided is five years with two suspended. Today, High Court President Mr Justice Nicholas Kearns directed that an inquiry into Willis' detention be heard. The matter was adjourned to next week. This application arises from the Court of Appeal ruling in an action brought by Stanislav Bederev, which temporarily made psychoactive drugs legal before emergency legislation was introduced.
A Limerick man, Kevin Coughlan, who was sentenced to life imprisonment in 2011 for the murder of Francis Greene at Steamboat Quay between November 28 and 29, 2009, has appealed his conviction. Coughlan pleaded not guilty to the charge, was found guilty by a jury at the Central Criminal Court, and received a mandatory life sentence from Mr Justice Patrick J McCarthy. The appeal, heard by the Court of Appeal, focuses on the testimony of the former Deputy State Pathologist, Dr Khalid Jabber, who altered his conclusion on the cause of death during the trial. Prior to the trial, Dr Jabber suggested the possibility of drowning, but later testified that the victim was strangled before entering the water. Counsel for Coughlan, Mr Anthony Sammon SC, argued that this change placed the defense in an unfair position. Counsel for the Director of Public Prosecutions, Patrick McCarthy SC, acknowledged the unfairness but maintained that it did not affect the fairness of the trial. The court, presided over by Mr Justice Sean Ryan, Mr Justice George Birmingham, and Mr Justice John Edwards, considered whether the conviction could be quashed and the murder verdict substituted with a lesser offense. The matter was adjourned until Monday next, with judgment expected in the next law term.
Two convicted murderers, Anthony Craig (66) and Michael Anthony Balmer (62), are appealing a High Court order requiring their extradition to serve life sentences in the UK. Both men had previously served the punitive parts of their sentences and were subject to continued detention due to the risk they posed to the public. Craig, with an address in Rathcoole, South Dublin, was convicted and jailed for life for the murder of a man in a park in Blackburn on November 3, 1973. He escaped from prison after serving 28 years and was arrested in Ireland in 2013. Balmer, with a last address in Cornwall, England, was sentenced to life imprisonment in 1984 for the murder of a woman in Devon on July 28, 1983. He came to Ireland in 2012 following his conditional release on license, which was later revoked. The appeal is based on the argument that their extradition would result in immediate preventative detention, which is contrary to Irish law and the Irish Constitution. The Court of Appeal has reserved judgment and will deliver its decision on May 21. The matter remains under appeal and has not been finalised.
Gary Byrne, aged 42, was sentenced to nine years' imprisonment for possession of €2.52 million worth of cannabis resin and herb, found in two Dublin lock‑ups. The prosecution had earlier dropped a charge of possession of €2.5 million worth of ecstasy after the Court of Appeal's Bederev judgement declared such bans unconstitutional. Byrne pleaded guilty in June 2013 at Rosemount Business Park and the North West Business Centre. Judge Patricia Ryan imposed a 12‑year sentence with the final three years suspended, citing that Byrne was not the owner of the drugs and was an addict. He had a prior conviction for stealing Rohypnol from a pharmaceutical firm. Garda evidence showed Byrne was under surveillance, had rented the lock‑ups, and admitted holding the drugs to repay debts and fund his addiction. The defence highlighted his family and work record, urging a lighter sentence. The final custodial term is nine years.
Anthony Craig, 66, and Michael Anthony Balmer, 62, both convicted of murder and sentenced to life imprisonment in the UK, have appealed High Court orders that would have had them extradited to the UK to serve the remainder of their sentences. Craig was convicted in 1973 for a murder in Blackburn, served 28 years, escaped to Ireland, and was arrested in 2013 on an extradition warrant. Balmer was convicted in 1984 for a murder in Devon, released on license in 2011, had his license revoked in 2012, and was arrested in Cork. The appeals argue that extradition would subject them to preventative detention under English law, which they claim violates Irish constitutional principles and Article 40.4.2. The cases remain before the Court of Appeal, with counsel for both men presenting their arguments and the Director of Public Prosecutions yet to reply.
A 46‑year‑old man, who had been jailed for neglecting his children, was convicted of raping his daughter and sentenced to 12 years' imprisonment. He appealed the conviction, arguing that the trial judge had erred by refusing to direct the jury to acquit, making the verdict perverse. The Court of Appeal dismissed the appeal, with Justice Garrett Sheehan announcing that reasons would be given in a written judgment later in the month. The man's barrister, Blaise O'Carroll SC, claimed the victim's evidence was "extraordinary, bizarre, contradictory, and incredible," and that allowing any of it would undermine the justice system. The Director of Public Prosecutions' counsel, Dominic McGinn SC, countered that the jury was best placed to assess credibility and that the judge had properly summarised all evidence, including inconsistencies. Justice George Birmingham noted the court would reserve judgment until March. The appeal was therefore rejected, leaving the 12‑year sentence in place. The unnamed 46-year-old pleaded not guilty.
Two cousins, Patrick O'Brien (35) and Thomas Stewart (31), have appealed their convictions for the double murder of Desmond Kelly and Breda Waters at O'Malley Park, Limerick City on January 9 2011. Both men pleaded not guilty to the charges and were found guilty by a jury at the Central Criminal Court, each receiving a mandatory life sentence on October 26 2012. Annie Waters Ryan, Breda Waters' sister, is also involved in the appeal. Counsel for O'Brien, Seán Gillane SC, argued that the identification of his client's voice should not have been admissible due to the witness's recent heroin use and the limited words used for identification. He also challenged the admissibility of a statement by Thomas Stewart Jnr, who initially claimed to have seen a shotgun in a car with O'Brien. Counsel for Stewart, Hugh Hartnett SC, contended that a garda incorrectly testified that two people were visible on CCTV footage when only one was visible. The prosecution's case relied on the garda's testimony to establish that two individuals were involved in the crime. The appeal is ongoing, with the court reserving judgment to a date 'as soon as possible'.
The State dropped a charge of possession of €2.5 million worth of ecstasy after the Court of Appeal ruled that ecstasy and other drugs were unconstitutionally banned. The accused, who also had a similar amount of cannabis, had already pleaded guilty to possessing over 250,000 ecstasy tablets for sale or supply in 2013. Counsel for the Director of Public Prosecutions asked the court to withdraw the ecstasy charge and proceed solely on the cannabis counts. The case involves Gary Byrne (42) of Belcamp Gardens, Coolock, Dublin, who pleaded guilty to possession of €2.52 million worth of cannabis resin and herb. He will be sentenced by Judge Patricia Ryan at Dublin Circuit Criminal Court. Byrne has a prior conviction for stealing Rohypnol from a pharmaceutical firm. At the sentencing hearing, Mr McGillicuddy presented evidence from the Garda National Drugs Unit that Byrne was the subject of a surveillance operation on 4 June 2013.
Solicitor Brian O'Donnell and his wife, Mary Patricia, were granted an extension of time by the Court of Appeal to appeal a High Court order that required them to vacate their property on Gorse Hill. The High Court, presided over by Mr Justice Brian McGovern, had ordered the O'Donnells to leave the house by 5 pm on the following Friday. Mr Justice Seán Ryan of the Court of Appeal allowed the appeal to be filed by the close of business that day, citing the need for the O'Donnells to prepare their submissions. Counsel for the Bank of Ireland, Cian Ferriter SC, argued that the O'Donnells had no bona fide ground for appeal, citing a 2011 agreement that bound them to vacate the property if the bank exercised its security rights. The O'Donnells claimed they were being unfairly pressured and that they had a right to reside in the house.
Gary Campion, a 31‑year‑old Limerick resident, is set to resume his appeal against the second murder conviction for the killing of Frank Ryan, which occurred in Moyross in 2006. Campion had previously denied involvement in the murder of bouncer Brian Fitzgerald in 2002 and the murder of Ryan in 2006. He was found guilty in two separate Central Criminal Court trials and received two life sentences, one in 2007 and another in 2009. In the appeal, his barrister, Martin O'Rourke SC, argued that the admission of evidence from Errol Ibrahim was improper. Ibrahim, a passenger in the car where Ryan was shot, was allegedly pressured by Gardaí to testify, and the trial judge did not give a "no case to answer" direction. The appeal will be heard by the Court of Appeal on Friday before Justices Seán Ryan, George Birmingham and Garrett Sheehan.
Solicitor Brian O'Donnell appeared before the Court of Appeal on Thursday evening to ask whether he and his wife, Mary Pat, should continue to pack up their belongings after a High Court order to vacate their Gorse Hill property at 5 pm on Friday. The order, issued by Mr Justice Brian McGovern, had required them to leave the family home. O'Donnell explained that they needed the physical order to file an appeal and had tried to obtain it that afternoon but could not. He requested a continuation of the stay to extend the time they had to vacate the property. Mr Justice Seán Ryan, joined by Mr Justice George Birmingham and Mr Justice Garrett Sheehan, acknowledged the urgency but said no order would be made until the other side was notified. He set a hearing for 10 am tomorrow, provided the other side was given notice by phone or email.
In March 2015 the Director of Public Prosecutions withdrew a charge against Darren Snee, 25, who had been caught with over €17,000 worth of ecstasy. The withdrawal followed a Court of Appeal decision that had ruled drugs such as ecstasy were legal because they had been unconstitutionally banned. The drugs were made illegal again after emergency legislation. Snee still faces sentencing for possession for sale or supply of cannabis worth €819 and cocaine worth €399, both unaffected by the ruling. He pleaded guilty to possession of cocaine, cannabis and MDMA for sale or supply at his home on 18 November 2013. Judge Martin Nolan remanded him in custody pending sentence, and the prosecution asked the judge to vacate the guilty plea to the ecstasy charge, which was granted. Snee will be sentenced on 27 March.
In January 2006, Evelyn Joel, a 59‑year‑old MS sufferer, was unlawfully killed by neglect in Co. Wexford. Her 41‑year‑old daughter Eleanor and her partner Jonathen Costen, aged 43, were found guilty by a jury at Wexford Circuit Criminal Court. Judge Seán O'Donnabháin imposed a two‑year suspended sentence on each, conditional on 230 hours of community service. The pair have now decided to appeal their convictions. Meanwhile, the Director of Public Prosecutions is appealing the sentences, arguing they were unduly lenient. The DPP's appeal is scheduled for hearing on 29 and 30 April, with a time limit set for Ms. Joel to file submissions on the undue‑leniency application. Ms. Joel's barrister, James Browne, requested one week for submissions and was granted two. The DPP received Ms. Joel's submissions and has been given four weeks to reply. The pair were not present at the Court of Appeal hearing before President Mr. Justice Seán Ryan. Jonathen Costen pleaded not guilty.
In 2015 the Court of Appeal heard an appeal by Gary Campion, 31, who had been convicted of two murders in Limerick. Campion denied involvement in the 2002 killing of bouncer Brian Fitzgerald and the 2006 murder of Frank Ryan. He had received two life sentences, one in 2007 and another in 2009. The appeal argued that the trial for Fitzgerald's murder was flawed because the defence could not obtain a psychiatric examination of the key prosecution witness, James Martin Cahill. Cahill's medical notes suggested paranoia and hallucinations, and his testimony was said to be inconsistent. The defence claimed that without a proper medical assessment the trial was unfair. The Director of Public Prosecutions accepted that Cahill's evidence was central but argued that other corroborating evidence, including a taxi driver's account and a witness describing Campion's "joined eyebrows", supported the conviction.
Phillip Farrell, 35, of Cushlawn Park, Tallaght, Dublin, was charged with possession of heroin worth €23,000 and cannabis resin worth €732, for which he pleaded guilty in December 2013 and February 2014. He also faced charges of unlawful possession of ecstasy, estimated at just over €200, but the State withdrew those charges following a Court of Appeal ruling that temporarily legalised possession of the drug. Farrell had not entered pleas to the ecstasy counts, which were considered at sentencing. He claimed he was holding the drugs to clear a €30,000 debt and expressed fear for his life, a claim the court accepted as evidence of duress. The case was adjourned to May for sentencing, with 31 prior convictions noted. The article does not state the final sentence.
Gary Campion, aged 31, has lodged appeals against two separate murder convictions. The first conviction concerns the killing of 34‑year‑old bouncer Brian Fitzgerald outside his home on 29 November 2002; the second concerns the shooting death of 21‑year‑old Frank Ryan on 16 September 2006. Campion denied involvement in both murders. He was found guilty in two separate Central Criminal Court trials and received two life sentences, one imposed by Justice Peter Charleton on 15 November 2007 and the other by Justice Paul Carney on 28 May 2009. In the appeal for the Fitzgerald case, counsel Martin O'Rourke argued that the trial was unfair because the defence was not allowed to have the key prosecution witness, convicted murderer James Martin Cahill, examined psychologically or psychiatrically. O'Rourke cited medical notes indicating Cahill's paranoia and hallucinations, and claimed that without a proper medical assessment the witness's testimony could not be reliably relied upon.
A Court of Appeal judgment delivered on 10 March 2015 addressed the constitutionality of section 2(2) of the Misuse of Drugs Act 1977, which empowers the Government to declare substances as controlled drugs by order. The appellant, Stanislav Bederev, had been charged with drug offences relating to methylethcathinone at Blanchardstown District Court in April 2012. The substance was subsequently classified as a controlled drug via Government order in 2011, though it had previously been legally available for purchase. The High Court had rejected Bederev's challenge to the constitutionality of section 2(2) on grounds that it allegedly violated Article 15.2.1 of the Constitution concerning the exclusive legislative power of the Oireachtas. The case was transferred from the Supreme Court to the Court of Appeal following its establishment. District Court proceedings remained adjourned pending the appeal outcome.
In a Dublin Circuit Criminal Court hearing, 25‑year‑old Darren Snee pleaded guilty to possession of cocaine, cannabis and MDMA for sale or supply. Judge Martin Nolan remanded him in custody pending sentencing on 27 March. During the hearing, defence counsel Pieter Le Vert raised the Court of Appeal's recent ruling that the illegality of certain drugs is now unconstitutional, arguing that possession of MDMA, headshop drugs and crystal meth is no longer an offence. Judge Nolan noted that Snee also possessed cocaine and cannabis, which remain illegal, and upheld the remand. The Court of Appeal had declared Section 2(2) of the 1977 Misuse of Drugs Act unconstitutional, but the ruling does not affect substances such as cannabis, heroin or cocaine. Snee's case involved evidence of drug sales, hidden drugs in his home, and a prior burglary conviction. The court will determine his sentence on 27 March.
In 2015 the Court of Appeal upheld the conviction of a 47‑year‑old man from County Clare who had been found guilty of sexually assaulting his wife's teenage niece in 2007. The appeal judge, Mr Justice George Birmingham, confirmed that the evidence showed the niece was babysitting in the man's home on both occasions. In the first incident she was helping him look for his phone when he kissed her, put his hand in her underwear and performed a digital penetration. The second incident involved him grabbing her while she retrieved a TV remote, again putting his hand in her underwear and digitally penetrating her. The appeal court dismissed the appeal, rejected fresh evidence, and upheld the 18‑month sentence, noting the man had 13 weeks remaining to serve and that part of his sentence was suspended for six months on condition of good behaviour and a €100 bond.
In March 2012, Edward Byrne (23), his cousin Martin Morgan (23), and Stephen Byrne (20) attacked Polish worker Lukasz Rzeszutko in Coolock, killing him. The men pleaded not guilty to murder but guilty to manslaughter. A jury convicted Morgan of murder; he received life imprisonment. Byrne was sentenced to 12 years, Stephen Byrne to nine years with three suspended. Byrne appealed the severity of his sentence. The Court of Appeal found the sentencing judge had erred by rejecting evidence from two witnesses and had not adequately considered mitigating factors such as Byrne's guilty plea, lesser role, and rehabilitation efforts. The court reduced Byrne's sentence to 10 years. Byrne and Morgan had earlier lost appeals against conviction on grounds of defective search warrants and joint enterprise issues, which the Court of Appeal dismissed. The final judgment upheld the convictions but adjusted Byrne's custodial term.