Court of Appeal

(File Picture: Graham Dwyer. Photo: Collins)

Lawyers for Graham Dwyer, who murdered vulnerable care worker Elaine O’Hara for his sexual gratification, have argued that the retention of mobile phone data is an “opportunistic form of mass surveillance” that transforms phones into tracking devices that can reveal a detailed picture of every aspect of a person’s life.

Remy Farrell SC, for Dwyer, told the three-judge Court of Appeal that mobile phone data should not have been admitted as evidence in his client’s trial as the retention of that data was a breach of his rights under the European Charter of Fundamental Rights.

Mr ….read more

(Pictured: Mícheál Ó Leidhin. Photo: Collins)

A former RTÉ journalist who was jailed for 15 months for sexually assaulting a woman while she slept has lost his appeal against his conviction and sentence.

Mícheál Ó Leidhin (38) was a political reporter for Raidió na Gaeltachta and was found guilty by a jury in July for the sexual assault of the woman that happened at his former home.

At the Court of Appeal today, Ms Justice Aileen Donnelly said that consent could not be implied when a person is asleep and that everyone has the right to feel safe while they sleep.

Ms Justice Donnelly ….read more

(Pictured: Deirdre Brady. Photo: Collins)

Deirdre Brady, who is married to a senior Kinahan Cartel member known as ‘Mr Nobody’, is to be jailed after the Court of Appeal found today that her original suspended sentence for helping to launder almost €800K in crime cash was too lenient.

Mother of three Brady (55), of The Bailey, Castlefarm, Naas, Co Kildare, was given a three-year wholly suspended sentence after pleading guilty to two offences contrary to Section 7 of Criminal Justice Act at the Special Criminal Court in July of last year.

Brady went on trial at the three-judge court alongside her husband Declan ….read more

A “sick sexual abuser” who was jailed for nine years after being convicted of orally raping and sexually assaulting his partner’s daughter in the late 1990s has had his jail time reduced by two years.

The Court of Appeal heard today there was a “significant prospect” that abuser Christopher Ashmore (76) might die in prison.

Ashmore, with an address at Cois Coille, Ballyfarnon, Co Roscommon, had pleaded not guilty to five counts of sexually assaulting the girl, which included two charges of oral rape, at two different locations in Dublin on dates between January 1998 and December 1999.

In June of last year, ….read more

A convicted sex offender who broke into his ex-partner’s home in the middle of the night and sexually assaulted her after striking her with a hook-like implement in a “jealous rage”, has had his sentence increased by a year following an appeal by the State.

The man (50), who cannot be named to protect the identity of his victim, was sentenced last January to five-and-a-half years’ imprisonment with the final year suspended.

At the Court of Appeal today, lawyers for the State successfully appealed the unduly lenient sentence, which saw the male re-sentenced to five-and-a-half years’ imprisonment.

The hearing was told that the ….read more

A man who raped and sexually assaulted his younger sister as a boy at their Cork home has had his appeal against his conviction dismissed.

The male, who cannot be named to protect the identity of his victim, was convicted of two counts on a six-count indictment in June of last year.

The 39-year-old was placed on the sex-offender register and sentenced to four years’ imprisonment at the Central Criminal Court for the sexual assault while the rape charge was taken into account. He had denied all charges.

The offences related to dates between November 24, 1995, and January 17, 1998, when he ….read more

A former hotelier who was jailed for raping a 17-year-old employee after a staff party and whose case was remitted back from the Supreme Court must wait to find out if his appeal against his 2013 conviction is successful.

Brian Shaughnessy appealed his conviction arguing that his defence was not properly put to the trial jury. At the Court of Appeal today, the court said it would reserve judgement in the matter.

Shaughnessy (56), formerly of Ballywinna, Craughwell, Co Galway, was convicted of raping the female part-time employee in the early hours of July 26, 2010, in the presidential suite of the ….read more

A burglar who was caught by gardaí after he rang a phone he left at the scene of the crime has failed in a bid to overturn his conviction.

The Court of Appeal had heard that Garda Stephen White answered the phone, which was covered in glass when it was recovered from the scene of the burglary at a house in the suburbs of Dublin. Gda White spoke to David Lynch (50), of Leinster Road, Rathmines, Dublin 6, on January 26, 2019, and arranged a meeting.

Lynch said he had lost the phone and Gda White, who did not identify himself ….read more

A man who beat his partner’s mother to death and chopped up and scattered her body around the Dublin and Wicklow mountains has failed in an appeal against his murder conviction.

His lawyers had argued that he may have been subjected to a “slow burn provocation” similar to that suffered by victims of domestic abuse, the Court of Appeal heard.

Kieran Greene’s lawyers had argued that the jury at his trial should have been allowed to consider that Patricia O’Connor provoked Greene (37) into killing her by assaulting him and threatening his children following years of difficulties between the pair.

Mrs O’Connor’s siblings, ….read more

One of three Monaghan brothers who were part of a notorious cross-Border gang that stole an “eye-watering” amount of money from ATMS has failed in an appeal against his jail sentence.

The three had all pleaded guilty at the Special Criminal Court last year to being part of a gang that used stolen diggers, trailers and jeeps to rip ATMs out of the walls of premises in Cavan, Meath and Monaghan between 2018 and 2019.

The gang, from south Armagh and north Monaghan, was eventually foiled in August 2019 when specialist gardaí pounced on the attempted theft of an ATM in ….read more

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