In a rape trial at the Central Criminal Court, High Court Judge Paul Carney returned from hospital to direct a jury of ten men and two women. He informed them that he would handle any questions by telephone and that they could now resume deliberations to reach a majority verdict. The jury had been sent home earlier after another judge declared Mr Carney unavailable. The accused, whose name is withheld, pleaded not guilty to 32 counts of rape and assault against a woman in County Clare between 1998 and 2004. Judge Carney stated he would be available for telephone queries and would return to receive the verdict.
Trevor Byrne, 36, was released in March after serving part of an eight‑year sentence for an attempted robbery. His final two years were suspended on conditions including a curfew and abstaining from alcohol. In April he was remanded after being found with six cans of cider, and in October he was released again. In court he admitted breaching the bond on 6 November by drinking a bottle of beer and on 18 November by breaking his curfew while watching a football match in a pub. He denied bringing 12 cans of Dutch Gold lager on 31 October. The prosecution sought to re‑activate the suspended portion of his sentence, but the judge, citing his willingness to engage with Probation Services, decided not to do so as long as he complies with the conditions. Byrne has nine prior convictions, including a 15‑year sentence for rape and a five‑year sentence for assault.
The trial of an unnamed Kerry man accused of abducting and raping his sister‑in‑law continues. He pleaded not guilty to six counts of rape and assault for an incident on 20 January 2011 in County Kerry. Mr Justice Patrick McCarthy dismissed the jury of nine men and three women on Friday afternoon and instructed them to return on Monday morning for further evidence.
The Special Criminal Court will rule on Tuesday regarding the disclosure of communications between the chief prosecution witness and his solicitor. This procedural issue arose on the 35th day of the trial of Dean Evans, Edward McGrath, and Sharif Kelly, who are accused of murdering dissident republican Peter Butterly. All three defendants have pleaded not guilty to the murder of the 35-year-old father of two. Evans and McGrath have additionally pleaded not guilty to firearm offences on the same occasion. The court heard that David Cullen, the State's witness, agreed to disclose documents relating to his communications with his solicitor since June 5, 2014. However, the State maintained this was not a general waiver of legal professional privilege, while defence lawyers sought disclosure of all such communications. Cullen, who is currently serving a three-and-a-half-year prison sentence, allegedly turned State's witness after being part of the murder plan. He implicated the three accused in Butterly's shooting in the car park of the Huntsman Inn, Gormanston, Co Meath, on March 6, 2013. During cross-examination, Cullen raised privilege claims and requested to speak to his solicitor, a request the court initially refused before acceding to it. The three-judge, non-jury court will consider its ruling on the disclosure matter over the weekend.
The Special Criminal Court heard that chief prosecution witness David Cullen has agreed to voluntarily disclose some communications with his solicitor, Mr Dominic Mc Ginn SC, to the defence. This disclosure covers documents from June 5, 2014, but does not constitute a general waiver of his claim to legal professional privilege. Prosecuting counsel Ms Una Ni Raifeartaigh SC noted that Cullen previously refused to answer cross-examination questions regarding these communications, asserting his privilege. The court is currently hearing legal submissions on the scope of this disclosure, as defence lawyers seek access to all such communications. Cullen, who is serving a three-and-a-half-year prison sentence, allegedly turned State's witness after being part of the murder plan. He implicated the three accused in the shooting of dissident republican Peter Butterly, a 35-year-old father of two, in the car park of the Huntsman Inn, Gormanston, Co Meath, on March 6, 2013. The defendants are Dean Evans (24), Edward McGrath (33), and Sharif Kelly (44). All three have pleaded not guilty to the murder charge. Evans and McGrath have additionally pleaded not guilty to firearm offences on the same occasion. The trial, which is on its 34th day, is continuing.
In a Central Criminal Court case, a man accused of abducting and raping his sister‑in‑law has pleaded not guilty to six counts of rape and assault. The alleged victim was harmed on 20 January 2011 in County Kerry, with one alleged rape said to have occurred between Kerry and Limerick after the accused blindfolded her and drove her to a remote area. On the fifth day of the trial, the jury heard that the accused was homeless at the time and had asked to sleep in a Garda station after officers informed him of the allegations. A detective had seized a car that matched the victim's description, but later found it was not the vehicle used in the incidents. The case remains before Mr Justice Patrick McCarthy and a jury of nine men and three women.
The Court of Appeal has refused the Director of Public Prosecutions' application to quash a suspended sentence imposed on an unnamed former jockey and horse trainer. The appellant pleaded guilty on January 30, 2013, to a sexual assault charge arising from an incident in October 2005. At the Central Criminal Court, Mr Justice Barry White adjourned sentencing overnight and delivered a five-year suspended sentence on conditions on April 23, 2013. The DPP appealed on grounds of undue leniency. President Mr Justice Seán Ryan, joined by Justices Birmingham and Sheehan, refused the appeal, stating it would not be just to impose immediate custody at this stage. However, the court found the original sentencing hearing was not sufficiently sensitive to the victim's rights. The judges criticized Mr Justice White for being too ready to infer that the victim's impact statement attempted to pressure him and for making critical remarks regarding the victim's naivety. While the Court of Appeal identified significant procedural errors and defects in the sentencing process, it declined to make a declaration of undue leniency or error in principle, simply refusing the application.
The High Court heard arguments regarding the extradition of Ali Charaf Damache, an Algerian-born Irish citizen wanted in the US on alleged charges of conspiracy to provide material support to terrorists and attempted identity theft to facilitate an act of international terrorism. Counsel for the defendant, Mícheál P O'Higgins SC, argued that surrendering Damache would breach his human rights, specifically concerning his ability to practice Islam. Affidavits highlighted significant barriers to religious observance in solitary confinement at the ADX Supermax Prison in Colorado, where Muslim inmates face difficulties performing ablutions and congregational prayers. O'Higgins also contended that US sentencing practices differ fundamentally from Irish law, noting that hearsay material could be used and that Damache faces a potential sentence of up to 45 years, which is significantly higher than Irish penalties. The Attorney General's counsel, Ms Cathleen Noctor BL, presented a diplomatic letter seeking Damache's surrender to stand trial in the Eastern District of Pennsylvania. It was alleged that Damache contacted Colleen La Rose, who was convicted last January and sentenced to 10 years in prison for planning to murder Swedish cartoonist Lars Vilks. Damache is alleged to have arranged for La Rose to travel to the Netherlands and Ireland to avoid US scrutiny. The case is before Ms Justice Aileen Donnelly following a Supreme Court direction for a new judge to hear the matter after a previous refusal of leave for judicial review.
The Special Criminal Court has reserved its decision on whether senior counsel Dominic Mc Ginn SC has a right of audience to advise the main prosecution witness, David Cullen, during the ongoing trial. The procedural issue arose on the thirty-third day of the trial, where Cullen claimed legal professional privilege over communications with his solicitor during cross-examination. Presiding Judge Ms Justice Deirdre Murphy described the situation as unprecedented and directed that Mc Ginn be provided with relevant trial extracts to advise Cullen on the nature of the disclosure sought by the defence. The defence was ordered to supply a list of the information they seek to disclose to ensure a fair trial. The court will hear further submissions on the disclosure issue tomorrow. The trial concerns the alleged murder of Peter Butterly, a 35-year-old father of two, who was shot dead in the car park of the Huntsman Inn in Gormanston, Co Meath, on March 6, 2013. Defendants Dean Evans, Edward McGrath, and Sharif Kelly have all pleaded not guilty to the murder charge. Evans and McGrath have additionally pleaded not guilty to firearm offences on the same occasion. Cullen, who allegedly turned State's witness, had previously implicated the three accused in the killing. The matter remains at the pre-trial or trial stage regarding procedural rights, with no final verdict or sentence issued.
A man has been sentenced to two years imprisonment at Dublin Circuit Criminal Court for breaching sex offender notification requirements. Ian Bissett, aged 28, was convicted following trial of failing to inform gardaí of a change of address within the required seven-day period between July and August 2011. The sentence is to run concurrently with another custodial term he is currently serving. Bissett had been released from prison in June 2011 after completing a five-year sentence for aggravated sexual assault. Court heard he was homeless and relocated to Limerick without notifying gardaí as required under the Sex Offenders Act. He told gardaí he failed to comply because he was "homeless and fed up." The defendant has an extensive criminal history spanning 22 previous convictions. His release date on the concurrent sentence is scheduled for August 2016. Ian Bissett pleaded not guilty.
Three Dublin water‑meter protesters—Paul Moore, Damien O'Neill and Terence Sheridan—were found to have breached a High Court order that barred them from entering a 20‑metre exclusion zone around sites where GMC Sierra Ltd was installing meters. The court committed each man to 28 days' imprisonment for contempt of court, but suspended the sentences for six months on the condition that they comply with the order. The judge also awarded costs to the contractor. The article reports that the protesters had not denied entering the zone and that the court considered affidavits and witness statements but not video evidence. No violence was alleged against workers, and the fourth protester, Derek Byrne, was not sentenced. The case highlights the court's insistence on respecting its orders.
A 36‑year‑old Swedish man was sentenced to seven years' imprisonment for raping and sexually assaulting his ex‑girlfriend in a Dublin apartment. He pleaded not guilty to rape, sexual assault and false imprisonment on 4 July 2010. The Central Criminal Court found him guilty of four counts, acquitting him of one sexual assault charge. The judge noted the victim endured a "very nasty ordeal over a very lengthy period", suffered injuries consistent with alleged strangulation, and had suffered significant impact. The accused claimed he had given the woman love bites, but medical evidence refuted this. He had previously served time in custody and the sentence was back‑dated to 18 June 2013. The victim testified that the attacker threatened to strangle her, forced her to remove her underwear, and held her neck until she lost vision, while she attempted to contact emergency services and her new partner for help.
The Special Criminal Court has ordered that two counsel be assigned to advise David Cullen, the chief prosecution witness, during his cross-examination in the ongoing trial of three men accused of murdering Peter Butterly. Presiding Judge Deirdre Murphy described the situation as unprecedented, noting a lack of superior court guidance regarding legal professional privilege. The court directed that excerpts from Cullen's previous evidence be made available to his legal team, a move opposed by the defence. Cullen, who pleaded guilty to the unlawful possession of a semi-automatic pistol at the Huntsman Inn and was jailed for three-and-a-half years in July, turned State's witness after a nolle prosequi was entered on the murder count. He testified that he was tasked with picking up a gun outside Gormanston College, where he was arrested after it was thrown from a car. The trial continues before a three-judge non-jury court. Dean Evans, Edward McGrath, and Sharif Kelly have all pleaded not guilty to murdering the 35-year-old father of two. Evans and McGrath have additionally pleaded not guilty to firearm offences on the same occasion. The matter remains at the trial stage, with the court proceeding with the cross-examination of the State's witness.
The High Court in Dublin has begun hearing the extradition case of Ali Charaf Damache, an Algerian-born Irish citizen wanted by the US on international terrorism charges. This is the second hearing following a Supreme Court appeal where Damache successfully challenged the DPP's decision not to prosecute him in Ireland. The Supreme Court directed that the case proceed before a different judge, Ms Justice Aileen Donnelly, who commenced the proceedings. The US alleges Damache conspired to provide material support to terrorists and attempted identity theft to facilitate international terrorism. Prosecutors stated he contacted Colleen LaRose, known online as "Jihad Jane," claiming to be a "devoted jihadist." It is alleged he arranged for LaRose to travel to the Netherlands and Ireland to avoid US scrutiny and planned to form a terrorist cell, including seeking military training in Pakistan. LaRose was separately sentenced to 10 years in prison last January after being convicted of planning to murder Swedish cartoonist Lars Vilks. Damache's defense argued that US sentencing guidelines are fundamentally flawed compared to Irish standards. If convicted in the US, Damache faces up to 45 years in jail. He has been in custody since 2012 pending the extradition outcome. The court remanded Damache in continuing custody, and the matter was adjourned to continue tomorrow.
Two teenage men, Adam Heneghan (21) and Colin O'Sullivan (22), had their suspended prison sentences increased by the Court of Appeal after they sexually assaulted one woman and assaulted another with a bottle in Cork on 3 December 2011. Heneghan pleaded guilty to assault causing harm and sexual assault, receiving a nine‑year sentence with the final year suspended; O'Sullivan was found guilty by jury of assault causing harm and later pleaded guilty to sexual assault, receiving a ten‑year sentence with the final year suspended. The Court of Appeal, citing the seriousness of the offences and the defendants' youth, lack of prior convictions, and O'Sullivan's developmental issues, increased the suspended portions: Heneghan's suspended period was raised to four years, and O'Sullivan's to three‑and‑a‑half years. Both men will serve the remaining custodial time and have bonds of €1,000 to maintain good behaviour. The appeal was upheld on 25 November 2014.
Thomas Corcoran, aged 22, was originally sentenced to three years' imprisonment with the final year suspended for assault causing serious harm to a man in Kilkenny town, where the victim lost a significant portion of his ear. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal, hearing the appeal on 24 November 2014, set aside the original sentence and imposed a new five‑year term, suspending the last two‑and‑a‑half years. Corcoran entered a €100 bond to keep the peace and be of good behaviour during the suspended period. The appeal court noted the violent nature of the assault and the victim's long‑term physical and psychological consequences, while also recognising mitigating factors such as Corcoran's remorse, good conduct in prison, and participation in rehabilitation programmes. The victim was present at the appeal hearing. Thomas Corcoran pleaded not guilty.
Wesley O'Brien, aged 25, was sentenced to six years in prison for violent disorder and 3½ years for intentionally causing harm after assaulting Michael Connors in his home on 14 March 2009. The Court of Appeal reduced the violent disorder sentence to four years, keeping the 3½‑year term for harm. The appeal was based on the claim that O'Brien's conduct, involving a knife, was distinct from other participants, and that his sentence should match that of a co‑accused who received a similar sentence in Wicklow. The judge noted O'Brien's assault involved sticks, golf clubs and a knife, causing severe injuries to Connors. Emma O'Brien, 32, withdrew her appeal and her six‑year sentence was upheld. The final sentence for O'Brien is four years for violent disorder, with the 3½‑year term for harm remaining. Wesley O'Brien pleaded guilty and was convicted. Emma O'Brien pleaded guilty.
In a 2013 incident at the Abberley Hotel in Tallaght, Zoe Thompson, aged 21, struck two brothers, Aidan and Colm Brown, with the heel of her stiletto shoe. The assault began when Aidan Brown, a barman, was involved in a scuffle after a confrontation on the dance floor of the "Entourage" nightclub. Thompson intervened, hitting Aidan on the forehead, which required seven surgical staples, and later struck his brother from behind, resulting in five staples to the back of his head. Both victims suffered financial losses: Aidan lost €1,000 in wages and Colm lost €690. Thompson pleaded guilty to two counts of assault causing harm and has four prior convictions for road traffic offences, including drink driving. She is awaiting sentencing in January, with the court considering her suitability for a restorative justice programme. The case highlights the severity of the injuries and the financial impact on the victims.
In November 2014, Thomas Hogg, a 49‑year‑old prison officer from West Dublin, stood trial for assaulting Bernard Cawley, a 46‑year‑old convicted sex offender, in the holding cells of the Criminal Courts of Justice. The incident occurred on 20 April 2012, when Cawley, who had recently received a four‑month sentence for burglary, was awaiting transfer to Mountjoy Prison. Hogg claimed he struck Cawley in self‑defence after the prisoner, who had repeatedly pressed the cell buzzer and knocked on the door, raised his fist as Hogg opened the hatch. Cawley testified that he was agitated, had no cigarettes, and that Hogg had used keys as a weapon, striking him on the head and face and causing him to fall. Cawley was handcuffed and later moved to a hall for Gardaí. He denied being a violent man, citing his 16‑year‑old daughter, and rejected allegations of heroin use that day. Thomas Hogg pleaded not guilty.
The Special Criminal Court trial of Dean Evans, Edward McGrath, and Sharif Kelly, who are accused of murdering Peter Butterly at the Huntsman Inn in March 2013, continued with procedural developments regarding State witness David Cullen. Evans, McGrath, and Kelly have pleaded not guilty to the murder, while Evans and McGrath also face firearm charges. Cullen, who previously pleaded guilty to unlawful possession of a semi-automatic pistol and was jailed for three-and-a-half years, entered the witness box to request a consultation with his solicitor before continuing his cross-examination. Although the court initially refused, presiding Justice Deirdre Murphy ultimately granted the request, noting it was appropriate for the witness to receive legal advice on arising issues. Cullen had previously testified that he was part of a plan to pick up a gun, which he later claimed was used in the killing. He described receiving ammunition from Evans and witnessing a gun thrown from a car near Gormanston College. The court heard that Butterly was shot in the car park after being lured there. The trial, which involves a non-jury panel, was adjourned to continue on Tuesday before Justices Murphy, Heneghan, and Judge Dunne.
Martha McEnery, a Garda sergeant, was convicted of assault in 2011 and received a four‑month suspended sentence. The conviction arose from an arrest in Waterford in January 2010. The Court of Criminal Appeal dismissed her appeal. The Garda Commissioner, citing a breach of the 2007 Garda Siochana Discipline Regulations, recommended her dismissal. McEnery challenged the dismissal in judicial review, arguing that a criminal conviction alone could not justify summary dismissal. The High Court, presided over by President Nicholas Kearns, rejected her application. The judge found that the Commissioner had the authority to dismiss without an inquiry, that the breach was sufficiently grave, and that McEnery had not established any factual basis for discrimination or disproportionate treatment. The decision was upheld as rational and procedurally sound.
In a 2014 appeal, the Court of Appeal upheld a seven‑year prison sentence for Paul Rice, 28, who pleaded guilty to the manslaughter of his best friend Keith Mills, 22, in Ayrfield, Dublin, on 22 December 2008. The original judge, Ms Justice Margaret Heneghan, had suspended the final two years of the term. Rice's conviction followed an assault that began after a two‑day drinking binge, during which Mills was struck with a belt and subsequently suffered severe traumatic brain injuries, leading to his death ten days later. Rice initially offered a false account of the incident but later pleaded guilty. The appeal, brought by the Director of Public Prosecutions, was dismissed; the Court of Appeal found no error in principle in the sentencing judge's decision. Rice remains in custody to serve the remainder of his sentence.
The Special Criminal Court trial of Dean Evans, Edward McGrath, and Sharif Kelly, who are accused of murdering Peter Butterly at the Huntsman Inn in Gormanston on March 6, 2013, continues before a three-judge bench. All three defendants have pleaded not guilty to the murder charge; Evans and McGrath also face firearm offences. Former co-accused David Cullen, who pleaded guilty to unlawful possession of a semi-automatic pistol and was sentenced to three-and-a-half years in July, testified as a State witness. Cullen admitted requesting to give evidence behind security glass to avoid public view, citing safety concerns, though he had not yet been accepted into the Witness Protection Programme. He alleged that Kelly and an unidentified man, MD, recruited him to retrieve a gun, which was later thrown from a car near Gormanston College. Cullen stated Evans and McGrath stayed at his apartment the night before the killing, with Evans providing ammunition and McGrath bringing a bag containing a gun and disguises. The court heard Butterly was lured to the car park, where shots were fired at his vehicle and then at him as he fled. The trial is ongoing and was not adjourned or finalised during this reporting period.
The Special Criminal Court heard evidence from David Cullen, a former murder accused who turned State's witness, in the ongoing trial of Dean Evans, Edward McGrath, and Sharif Kelly. The three men have pleaded not guilty to the murder of Peter Butterly, who was shot dead in the car park of the Huntsman Inn, Gormanston, Co Meath, on March 6, 2013. Evans and McGrath also face firearm offences at the same location and date. Cullen, who pleaded guilty to the unlawful possession of a 9mm Beretta pistol at the scene, was jailed for three-and-a-half years in July. His plea was accepted by the DPP, resulting in a nolle prosequi on the murder count. Cullen testified that he was instructed to pick up a gun outside Gormanston College on the day of the shooting, identifying Evans and McGrath as individuals present at his apartment beforehand. He claimed Evans provided ammunition and that McGrath retrieved a bag containing the firearm and disguises. Cullen stated he was arrested immediately after picking up the gun. Under cross-examination, he denied planning the murder, stating he did not commit it and sought to avoid a life sentence. The court, presided over by Ms Justice Deirdre Murphy, warned against disruption as Cullen's evidence caused significant security arrangements and queues. The trial continues before a three-judge panel.
The High Court in Dublin has ordered the extradition of two convicted murderers to the United Kingdom, though a stay has been placed on their surrender pending appeal. Mr Justice John Edwards directed that Anthony Craig, aged 66, and Michael Anthony Balmer, aged 62, be surrendered to UK authorities. Craig was convicted of murder in Blackburn in 1973, while Balmer received a life sentence in 1984 for a fatal attack in Devon. Craig, who escaped from British custody after serving 28 years and subsequently lived in Cork and Leitrim, was arrested in Dublin in February 2013. Balmer, released on licence in 2012, was arrested in Cork after his licence was revoked. The judge granted Craig bail under strict conditions during the stay. Mr Justice Edwards determined that constitutional questions raised by the defence warranted referral to the Supreme Court as matters of exceptional public importance.
In the Special Criminal Court on 18 November 2014, a security operation created long queues as the court prepared to hear evidence from former co‑accused David Cullen, now a State witness. Judge Deirdre Murphy noted the high emotions in the courtroom and urged calm. The case concerns the 2013 murder of Peter Butterly, 35, shot in the car park of the Huntsman Inn, Gormanston. Three men—Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44)—have pleaded not guilty to the murder and to firearm offences at the same location. Cullen, 30, had been part of the alleged murder plan but turned State witness earlier that year. He identified the accused, described being told to retrieve a gun from outside Gormanston College around 2 p.m. on the day of the shooting, and recounted the sequence of shots fired at Butterly's vehicle.
Wayne Donnelly, 28, from Oakcourt Lawn, pleaded guilty in the Dublin Circuit Criminal Court to assault causing harm, false imprisonment of a taxi driver, and unlawful seizure of a car. The offences occurred in Palmerstown and Lucan in July and August 2013. Donnelly, who has 26 prior convictions, was part of a group that attacked a taxi driver, tied him up, stole his car, and threw him into a ditch. He also assaulted a man in Palmerstown, threatening him with grenades and physically attacking him. The judge adjourned sentencing to March next year and ordered a probation report. Donnelly's case was presented by Detective Garda Padraig Jennings, with testimony from Garda Caroline Flynn and defence counsel Anne Marie Lawlor. The article reports Donnelly's background, drug use, and claims of remorse, but no sentencing outcome is given.
A 19‑year‑old Limerick teenager, who was 16 at the time of the offences, pleaded guilty to two counts of oral rape and five counts of sexual assault against his seven‑year‑old step‑sister while she was under his care between February 2011 and January 2012. The abuse occurred in Limerick and Clare and was reported by the girl's parents after the teenager sent a text admitting the abuse. The girl, who was interviewed by Garda specialists, described daily abuse, including dragging her to the teenager's room and forcing her to touch his penis and put it in her mouth. The teenager admitted the acts, expressed remorse, and said he had moved out to stop the abuse. Mr Justice Paul Carney remanded him in custody until December for further assessment by the Probation Service. The case was prosecuted by Vincent Heneghan BL. The girl's statement expressed discomfort and a desire never to see the teenager again.
A High Court judge in Dublin is awaiting further information before deciding whether to extradite Francis Lanigan, 49, who is wanted in Northern Ireland for the 1998 murder of John Knocker. Lanigan, who lives in Mulhuddart, claims that if he is handed over to UK authorities he would face a "significant risk to his life" from loyalist and republican paramilitaries. He was arrested in January 2013 on an extradition warrant and has been remanded in custody until December 8, with a bail application possible in the meantime. Lanigan's counsel, Dr Michael Forde, argues that a letter from the Northern Ireland Prison Service detailing his proposed detention should be inadmissible because Lanigan had no chance to cross‑examine its author. The judge has deferred judgment until the issuing state provides additional information, which is expected to take two to three weeks.
Two Dublin men, Stephen Hendrick, 47, of Ballymun, and Pierce Moran, 59, of East Wall, were charged at the Special Criminal Court on 17 November 2014 with membership of the Irish Republican Army, an unlawful organisation. Hendrick faced additional charges of unlawful possession of firearms, ammunition and an explosive substance. The firearms alleged to be in his possession included a Kalashnikov assault rifle, a Glock magazine, a Glock slide and firing pin, and 125 rounds of ammunition for the rifle plus five shotgun cartridges. He was also charged with possession of flexible PETN‑filled tubing. Moran was charged with unlawful possession of four semi‑automatic pistols, a sawn‑off shotgun and assorted ammunition. Both men were arrested at their homes on 15 November, declined to stand when the registrar read the charges, and were remanded in custody until 26 November, when they will appear by video link.
In March 2015 the Court of Appeal will hear the State's motion to strike out Joe O'Reilly's appeal against his 2007 conviction for the murder of his wife, Rachel O'Reilly. O'Reilly, aged 41 at the time of the trial, was sentenced to life imprisonment after a jury found him guilty of killing his wife in their Naul home. The appeal, lodged under Section 2 of the Criminal Procedure Act 1993, seeks to have the conviction declared a miscarriage of justice. The State has counter‑submitted a motion to dismiss the appeal. The hearing date of 3 March was agreed by counsel for both parties. O'Reilly was not present at the hearing. He had previously lost an appeal in 2009 and a further attempt in August 2012 to have his conviction quashed, and in November 2012 he was granted legal aid to pursue the miscarriage‑of‑justice claim after the State had not objected.
Brian Meehan, aged 47 and serving a life sentence in Portlaoise prison for the 1996 murder of journalist Veronica Guerin, has applied to quash his 1999 conviction on the grounds of a miscarriage of justice. The appeal is based on new evidence that emerged during the 2001 Special Criminal Court trial of John Gilligan, who was acquitted of Guerin's murder but convicted of cannabis importation. Meehan's case, brought under Section 2 of the Criminal Procedures Act, argues that the new facts disclosed in Gilligan's trial demonstrate that his conviction was wrongful. The Director of Public Prosecutions had previously sought to dismiss the application, but the Court of Criminal Appeal refused that motion earlier this year. Submissions for Meehan's appeal are nearly complete, and the Court of Appeal has listed the case for mention again on December 15, with a hearing date to be fixed thereafter. The appeal remains pending, and no further outcome has been announced.
GMC Sierra, a water‑meter installation company, has asked the High Court to bring contempt proceedings against four more individuals who it says have breached court orders that restrict protesters from approaching within 20 metres of its work sites. The company claims that one protester scaled a wall and entered a workstation where a meter was being installed. Justice Paul Gilligan granted GMC permission to serve short service of proceedings and set a hearing for next Wednesday, when the company intends to pursue contempt applications against additional alleged offenders. Some of those accused of contempt have requested that the Wednesday proceedings be stayed until separate High Court hearings determine their entitlement to legal aid. GMC previously obtained injunctions to prevent assault, intimidation or interference with its workers, who have reported harassment, obstruction, assault and threats while installing meters in Dublin 5 and Dublin 13. Protesters' lawyers deny wrongdoing and argue their demonstrations are lawful and peaceful.
Luke Dunne, 21, pleaded guilty at Dublin Circuit Court to assault causing serious harm after a random unprovoked attack on Joseph Nolan, 24, at Fortlawn Park, Blanchardstown on 9 June 2012. Nolan suffered a life‑threatening skull fracture, a brain clot, severe facial palsy, nerve damage, and hearing loss in one ear, preventing him from working as a DJ. He was left unconscious, choking on his own blood, with his left ear nearly torn. The court sentenced Dunne to five and a half years, suspending the final 12 months. Judge Mary Ellen Ring cited Dunne's admission at arrest and lack of prior convictions as reasons for the suspended portion, noting that his cooperation relieved Nolan of additional trauma. Nolan's victim impact statement highlighted the lasting effects on his health, work, and personal relationships. The case involved a gang of youths, a bottle‑throwing incident, and subsequent drug‑related admissions by Dunne.
Security arrangements are being prepared for a former murder suspect who has become a prosecution witness in the Special Criminal Court trial of three men charged with the murder of Peter Butterly. The accused, Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44), have pleaded not guilty to the killing of Butterly, who was shot dead in the car park of the Huntsman Inn on 6 March 2013. They also face firearm charges. David Cullen (30), who was allegedly part of the murder plan, has turned State's witness. Counsel for the DPP, Alex Owens SC, announced that Cullen will be called first on Tuesday, with security measures to be arranged by Gardaí and the Irish Prison Service. The court has directed that evidence from the National Surveillance Unit remain confidential, and that members of the public be excluded from the courtroom during their testimony.
In a Dublin recycling firm, Anton Zefaj, aged 34, shot mechanic Stanislaw Bognal in the buttock six times after a dispute over truck brakes. The incident occurred on 7 August 2012 at National Recycling in Clondalkin. Zefaj was found guilty of possessing a firearm with intent to endanger life, possessing a firearm in suspicious circumstances, and assault causing harm. He received a seven‑year sentence, with the final three years suspended. Judge Desmond Hogan noted Zefaj's short temper and prior temper loss in custody, but also his cooperation in prison. Zefaj offered €4,000 compensation to Bognal, which the court directed to be handed over. Bognal, a Polish mechanic, was treated at James Connolly Memorial Hospital and remains fearful of his safety. Zefaj, originally from Albania, had lived in Ireland for 17 years under a false name before regularising his status last year. The court ordered Zefaj to maintain good behaviour for three years upon release.
In a Special Criminal Court hearing on the murder of Peter Butterly, the last National Surveillance Unit officer to give secret evidence left the courtroom through the custody area. The court ordered that no evidence or identities of the NSU officers be made public and that the public be excluded from the courtroom during their testimony to protect the officers' physical characteristics and the unit's methodology. The prosecution, led by Úna Ní Raifeartaigh SC, noted that the NSU witnesses had been fully presented and no further public exclusion was required. The trial, presided over by Justice Deirdre Murphy, Justice Margaret Heneghan and Judge Cormac Dunne, also entered a voir dire to decide on the legality of the accused men's arrest, detention and vehicle searches. The case involves four men—Dean Evans (24), Edward McGrath (33), Sharif Kelly (44) and David Cullen (30)—who pleaded not guilty to the murder and related firearm offences.
David Byrne, 32, of Crumlin, was tried at Dublin Circuit Criminal Court for violent disorder at Morrissey's Pub on 7 January 2013. The case relied mainly on CCTV footage and a single witness, Garda Seamus O'Donovan, who had been called after a panic alarm. He described a crowd outside the pub, a struggle inside, and a bottle used as a weapon. Byrne was identified in the footage and arrested on 9 December 2013. The jury, composed of five men and seven women, deliberated for less than an hour and returned a not‑guilty verdict. Judge Patricia Ryan thanked the jury and discharged Byrne from the indictment. The trial concluded with Byrne acquitted of the violent disorder charge, while other individuals involved were not charged in this proceeding. David Byrne pleaded not guilty.
A 38‑year‑old former jockey received a wholly suspended five‑year prison sentence for sexually assaulting his female housemate in October 2005. He pleaded guilty at the Central Criminal Court. The Court of Appeal reserved judgment on an application by the Director of Public Prosecutions, who argued the sentence was unduly lenient. The appeal hearing included the President, Mr Justice Seán Ryan, and Justices George Birmingham and Garrett Sheehan, who questioned the trial judge's remarks that the victim might have been "extremely naïve." Paul Greene SC for the DPP highlighted conflicting accounts, noting both parties were intoxicated, which could aggravate the offence. Isobel Kennedy SC for the accused argued the trial judge had carefully considered the case, including the accused's prior record and the seven‑year delay between the offence and trial. The Court of Appeal will decide on the sentence's severity no earlier than 22 November 2014.
In a 2014 appeal, a man who had been sentenced in 2012 to two years' imprisonment for five counts of sexual assault on three young children while babysitting them had the balance of his sentence suspended. The offences, committed in 1992 and 1993 when the victims were aged between four and ten, were pleaded guilty by the unnamed defendant. He had served 17 months in custody before being released on bail and had only a few weeks remaining on his sentence. The Court of Appeal, hearing the case on 13 November 2014, noted mitigating factors including the defendant's age at the time of the offences, his subsequent family life, clean work record, and the fact that he had been a victim of sexual abuse himself. The court, led by Mr Justice George Birmingham, suspended the remaining term and released him on a €100 bond, conditional on keeping the peace for one year.
On 13 November 2014, the Special Criminal Court heard secret evidence from members of the National Surveillance Unit (NSU) regarding the murder of Peter Butterly, who was shot dead in the car park of the Huntsman Inn, Gormanston, County Meath, on 6 March 2013. The court directed that no NSU evidence or identities be made public and that the public not be present during NSU testimony. Two NSU members gave evidence and left through the custody area to avoid identification. The trial, day 27, involves three men—Dean Evans (24), Edward McGrath (33), and Sharif Kelly (44)—who pleaded not guilty to Butterly's murder and to firearm offences at the same location and time. A fourth man, Dave Cullen (30), is a State witness. Prosecuting counsel, Úna Ní Raifeartaigh SC, described how Butterly was lured to the car park, shot at his vehicle, and later found collapsed by a lone Garda, dying shortly thereafter. The trial continues.
A 23‑year‑old Dubliner, David Brannock, was found guilty of manslaughter for killing Jason Flannery and injuring several family members during a Junior Cert celebration. Brannock was cleared of murder but convicted of manslaughter, serious harm to brother‑in‑law John O'Neill, and assault causing harm to Flannery's daughter Jade Byrne, son Anthony Byrne, and mother Claire Byrne. The trial recounted an argument that escalated into a violent chase, during which Brannock stabbed Flannery, O'Neill, and the Byrne children. Flannery died from a stab wound to the back of his neck and two stomach wounds. O'Neill suffered serious stab wounds to his throat and body, requiring surgery and a month in hospital. Jade and Anthony received stitches. Brannock was remanded in custody and will be sentenced on 2 December. David Brannock pleaded not guilty. Junior Cert pleaded not guilty.
The Special Criminal Court has ruled that the arrest of three men accused of the murder of dissident republican Peter Butterly in Co Meath in 2013 was lawful. The court heard that the three accused, Dean Evans (24), Dublin Edward McGrath (33), and Sharif Kelly (44), were detained by members of the National Surveillance Unit shortly after the fatal shooting. Defence lawyers had argued that the arrest and detention of the men was unlawful and that their constitutional rights were breached. However, Ms Justice Deirdre Murphy stated that there had been no infringement of the constitutional rights of the three accused. The judge said that Section 30 of the Offences Against the State Act was properly invoked and that the men were correctly arrested in or around 2.05 pm on March 6th, 2013. The three men have pleaded not guilty to the murder of Peter Butterly and firearm offences at the same address on the same date. A fourth man, David Cullen (30), was allegedly part of the murder plan but has become a State's witness. The trial is continuing.
The jury will resume deliberations on Thursday morning in the trial of a 23‑year‑old Dubliner, David Brannock, who is charged with murdering Jason Flannery, a father of three, and injuring four members of the Flannery family. Brannock is accused of causing serious harm to his brother‑in‑law, John O'Neill, and assault causing harm to Flannery's daughter, Jade Byrne; son, Anthony Byrne; and mother, Claire Byrne. He pleaded not guilty to all five offences on 13 September 2012. The case arose after an argument between Brannock and Jade Byrne during Junior Cert result celebrations, which escalated into a violent confrontation near Brannock's home. The defence seeks to have Brannock acquitted of murder and convicted of manslaughter on the grounds of self‑defence, citing that Flannery and Anthony Byrne had taken a crutch each when they left to chase him.
In a 2014 appeal, the Director of Public Prosecutions failed to overturn a sentence imposed on Peter Rynne, a 56‑year‑old convicted of indecent assault on his step‑daughter between 1985 and 1990. Rynne was found guilty on four counts, with the victim aged between eight and thirteen. The judge, Carmel Stewart, sentenced him to two years' imprisonment, suspending the final 18 months. The DPP argued the sentence was unduly lenient, citing the victim's prolonged suffering and the impact on her family relationships. The Court of Appeal, hearing the case on its second day, upheld the judge's decision, concluding the suspension was not excessive given the circumstances. The appeal was dismissed, and the victim, who had waived anonymity, left the courtroom in tears.
The jury has begun deliberating the trial of 23‑year‑old David Brannock, charged with murdering Jason Flannery and injuring four members of the Flannery family after a Junior Cert celebration in 2012. Brannock pleaded not guilty to all five offences on 13 September 2012. The case alleges that a heated argument with Jade Byrne escalated into a violent confrontation near Brannock's home. The defence seeks an acquittal on murder and a manslaughter conviction on self‑defence grounds, citing that Flannery and Anthony Byrne had taken a crutch each when they left to chase Brannock. The State argues Brannock returned to the Byrne/Flannery home in Cairn Court after being thrown out, luring occupants outside and assaulting them, with parts of his ornamental knife found there. Mr Justice Carroll Moran explained the jury's options: guilty of murder, not guilty of murder but guilty of manslaughter, or outright acquittal.
Ali Charaf Damache, an Algerian-born Irish citizen, was further remanded in custody at the High Court until November 25. The US is seeking his extradition on alleged charges of conspiracy to provide support to terrorists and attempted identity theft. If convicted in the US, he could face up to 45 years in jail. Mr Justice Tony Hunt ordered the remand so Damache can appear before the High Court sitting in the Criminal Courts of Justice. Damache has been in custody since 2012, following the DPP's decision in March 2011 not to prosecute him in Ireland. Last week, the Supreme Court unanimously ruled that Damache was entitled to a judicial review of the DPP's refusal to prosecute and her failure to provide reasons. The Chief Justice directed that all related matters, including constitutional and human rights issues, proceed to hearing in the High Court as soon as possible. The court also granted leave for judicial review and legal aid, noting that if Damache loses the review, the extradition application will be heard immediately. The US alleges Damache conspired with Colleen LaRose, known online as Jihad Jane, to create a terror cell in Europe. LaRose was convicted of planning to murder Swedish cartoonist Lars Vilks and was sentenced in January to 10 years in prison.
In the Central Criminal Court, a 23‑year‑old Dublin man, David Brannock, faces five charges: murder of Jason Flannery, serious harm to his brother‑in‑law John O'Neill, and assault causing harm to Flannery's daughter Jade Byrne, son Anthony Byrne, and mother Claire Byrne. Brannock pleaded not guilty to all offences on 13 September 2012. The prosecution argued that Brannock returned to the Byrne/Flannery home after being expelled, luring family members to St Joseph's Way where he allegedly assaulted them, citing a knife handle found at the scene. The defence claimed self‑defence, noting that the family pursued Brannock with a crutch and that the evidence of the knife handle was unclear. The jury was instructed to acquit Brannock of murder and convict him of manslaughter by reason of self‑defence, while the trial continued for the other charges.
In a 2014 appeal, the Court of Appeal reduced the 24‑year‑old Jason Morrissey's 14‑year sentence for unlawfully killing 25‑year‑old James Tynan to ten years, while keeping his other convictions intact. Morrissey had pleaded guilty to the unlawful killing after striking Tynan with a single punch on February 19, 2012, at Liberty Square in Thurles. The court noted that the fatal blow was not a premeditated assault and that Tynan died the next day after falling to the ground. Morrissey's case also included three separate assault sentences and a theft sentence, all running concurrently, for a total of 21 years with three years suspended. The appeal was limited to the unlawful‑killing conviction, and the Court of Appeal confirmed the ten‑year sentence as appropriate and proportionate. The other convictions and their start dates remained unchanged.
In a 2014 appeal, Liam McCarthy, aged 30, failed to overturn a nine‑year sentence for assaulting army veteran Martin Butler, aged 51, with an ornamental sword. The attack, described as savage, left Butler with brain damage, partial paralysis, and permanent communication difficulties. McCarthy had previously served a suspended sentence for assault and was under its terms when he struck Butler from behind, striking the left side of his head and causing a penetrating brain injury. McCarthy pleaded guilty to assault causing serious harm, producing an offensive weapon, and violent disorder. The Court of Appeal dismissed his appeal, noting that any provocation or self‑defence was grossly excessive and that the nine‑year sentence was appropriate for the severity of the assault. The judge also observed that the earlier suspended sentence had not deterred the offence. The appeal was dismissed.