Court of Appeal

The Court of Appeal has dismissed appeals by two professional landlords against orders restraining them from interfering with properties they owned that had been put into receivership.

The appeal was brought by Mr Paddy McKeown and Ms Adelaide McCarthy against orders including injunctions restraining them from interfering with four properties which are all located in Cork.

The were put in place by the High Court in 2017 pending the full hearing of the dispute and were secured by Mr Ned Murphy.

Mr McKeown and Ms McCarthy, who are husband and wife and reside at The Poplars, Villa Nova, Douglas Road in Cork, opposed ….read more

(Pictured: DPP counsel Mr Brendan Grehan SC. Credit: Collins)

Lawyers representing one of the boys convicted of murdering schoolgirl Ana Kriegel have submitted documents relating to an appeal against his conviction.

Brendan Grehan SC, for the Director of Public Prosecutions (DPP), said that they received the submissions on behalf of Boy B last Monday and will file their own submissions to the Court of Appeal before the legal term ends on April 3. The appeal will be heard on April 24.

There are, Mr Grehan said, three grounds of appeal, two of which will be “relatively brief” while the third “will be a ….read more

A man charged with urinating in public has had his challenge to the constitutionality of the offence dismissed by the Court of Appeal.

Mr Justice Aileen Donnelly, delivering the judgement of the three-judge court, found the man’s comparison of urinating in public to breastfeeding in public to be an “extraordinary comparison”.

Ms Justice Donnelly also found his arguments about whether spitting, removing one’s shirt, amorously embracing and displaying risqué tattoos would be covered by the same section of legislation under which he has been charged to be “not relevant”.

Tezaur Bita is alleged to have exited his car on the Old Nangor ….read more

(Pictured: Mr Justice Brian McGovern. Credit: Collins)

The President of the Court of Appeal, the Attorney General and leading members of the legal profession have paid tribute to Mr Justice Brian McGovern on his retirement from the bench.

The popular and well respected judge steps down having served as a judge of the Court of Appeal and High Court for over 14 years, including a lengthy spell as the judge in charge of the busy Commercial Court division of the High Court, where he dealt with many high-profile cases.

Since 2018 he has served as a member of the Court of Appeal.

During ….read more

A Tipperary man serving 17 years for the sexual abuse and rape of his daughters has had an appeal against his conviction rejected.

The 54-year-old man, who cannot be named to protect the identity of his victims, had pleaded not guilty at the Central Criminal Court to 44 charges of sexually abusing his daughters, 37 counts of raping his eldest daughter, one charge each of anal rape of this girl and oral rape of her younger sister, and one charge of issuing a threat to kill his youngest daughters on dates between October 1994 and July 2012.

He was found guilty on ….read more

A 36-year-old man jailed for engaging in an abusive sexual relationship with two teenage girls, who were half his age and who he introduced to heroin, has been spared any increase in his prison sentence despite an appeal by prosecutors.

Eoin Vickers, of no fixed abode, but who lived at various locations in Co Mayo during the offences in question, was 28-years-old when he began abusing the 14-year-old girl, having gotten her to supply compromising photos which he used to control her.

He encouraged her not to use contraception and when she had a contraceptive bar implanted in her arm, ….read more

A UK businessman who targeted two young girls when they were being neglected by their mother, has lost an appeal against his conviction which centred on the interviewing of vulnerable children by specialist gardaí.

The 38-year-old man, who cannot be named to protect the identity of his victims, was found guilty of three counts of rape and eight counts of sexually assaulting two girls at addresses in Dublin and Louth between December 3, 2010 and March 10, 2011 when they were aged 10 and 12 years old. He had denied the charges throughout a 42-day trial.

The Central Criminal Court ….read more

A man who drove a van into a group of people, knocking one person to the ground before turning to drive at the victim a second time, has been jailed for two years after his wholly suspended sentence was deemed too lenient.

Robert Maxwell (26), with an address at Yewston, Nenagh, Co Tipperary, pleaded guilty to endangerment by driving a van at Simon Ryan knocking him to the ground, driving over him and then turning the vehicle and driving at Mr Ryan a second time at Yewston Estate, in Nenagh between August 6 and 7, 2017.

He was given a ….read more

(Pictured: Anne Dunlea, mother of murdered Cork woman Olivia Dunlea, speaking to media outside court today. Credit: Collins)

A grieving mother who sat through three trials over the murder of her daughter, has said she is “relieved” that her daughter’s “domineering” killer has had his latest legal challenge thrown out.

Darren Murphy (42), of Dan Desmond Villas, Passage West, Co Cork had admitted killing Olivea Dunlea (36) at her home in Pembroke Crescent, Passage West, on February 17, 2013, but denied it was murder.

Murphy also admitted setting fire to Ms Dunlea’s home because, he claimed, he “didn’t want the ….read more

(Pictured: Martin Aylmer. Credit: Collins)

A man who helped the Kinahan crime group commit a “cold-blooded assassination” has been given an extra two years in jail after his original prison sentence was deemed too lenient.

Martin Aylmer (33), of Casino Park, Marino, Dublin 3, bought six pre-paid mobile phones in the run-up to the murder of Michael Barr (35) at the Sunset House pub in Dublin’s north inner city on April 25, 2016.

The Special Criminal Court heard that one of the phones was found beside a burned-out car used as the getaway vehicle in Mr Barr’s murder. Aylmer was captured ….read more

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