Court of Appeal

A gunman who was dressed in drag when he fired 18 bullets from a sub-machine gun into his innocent victim at a Dublin pigeon club, must wait to hear whether the Court of Appeal will overturn his murder conviction.

Christopher McDonald’s lawyers have argued to the three-judge court that gardai took swabs for DNA sampling before their client had received sufficient legal advice. They also argued that the jury should not have heard that McDonald told gardai “go fuck yourself” when he was arrested.

The court reserved judgement.

McDonald (36) from the East Wall area of Dublin, was found guilty of murder by ….read more

(Pictured: Dessie O’Hare. Credit: Collins)

Former INLA terrorist Dessie O’Hare, who was known as “The Border Fox”, is unlikely to get an early release as he appeals the severity of his seven-year sentence for falsely imprisoning a family, the Court of Appeal heard today.

O’Hare was due to appeal his sentence but has been unable to consult with his legal team while in prison.

Mr Justice George Birmingham agreed to adjourn the hearing, saying there is “no particular urgency” given that O’Hare’s sentence is not due to expire soon and even if the Court of Appeal interferes with his sentence the judge ….read more

The Court of Appeal has ruled that a person charged with an offence is not automatically entitled to give their version of events to gardai in custody before going to trial.

The question arose out of the trial of a man at Longford Circuit Criminal Court who was charged with endangerment of pedestrians arising from driving offences committed in December 2016.

At his trial the man’s lawyers submitted that, by not interviewing their client, gardai “had complete disregard of the rules of law”. It was argued that the failure to question the man in custody was “a right that has been violated ….read more

Judgement in an appeal brought by John Waters and Gemma O’Doherty against a refusal to permit them to challenge the constitutionality of laws introduced in response to the Covid-19 pandemic has been reserved.

Their appeal is against the High Court’s refusal to permit the two to bring their challenge and its award of costs of that hearing against them.

The appeal, which is opposed by the State, was before the President of the Court of Appeal Mr Justice George Birmingham, Ms Justice John Edwards and Ms Justice Caroline Costello on Wednesday.

Following the conclusion of submission from the parties, Mr Justice Birmingham said ….read more

A brutal serial sex attacker who targeted random women walking alone in the early hours of the morning has lost an appeal against his conviction.

In a judgement delivered this morning, the three-judge Court of Appeal dismissed all grounds, including a complaint that the offender was unlawfully detained by gardai following the final attack in which he grabbed a woman from behind while brandishing a knife.

The 36-year-old, who cannot be named for legal reasons, was convicted of offences for attacks on three women in the Clondalkin area of Dublin on September 11, 2011, September 3, 2015 and May 16, 2016.

He ….read more

An accountant who punched, kicked and stabbed his then partner in a case of “extreme domestic violence” has been given a last chance to appeal his conviction after the Court of Appeal heard he had fallen out with several legal teams hired to represent him.

Sidney Sutton (43) of Brindley Park Square, Ashbourne, Co Meath was convicted of four counts of assault, one of assault causing harm and one count of producing a knife capable of inflicting serious injury following a Circuit Court trial in 2017.

The offences occurred in the early hours of February 6, 2016 as Sutton and his partner, ….read more

The Court of Appeal has upheld a four-year sentence for an unlicensed teenage driver who knowingly sped off after hitting a toddler, leaving him ‘bleeding and lifeless’ on the road. The court heard the boy now has a life-long brain injury.

The court did reduce a further sentence for a violent disorder conviction against the Cork youth from 12 months to six months and banned him from driving for 15 years rather than the 20 imposed by the sentencing judge.

The sentencing court previously heard that the uninsured and unlicensed driver was 17 when he bought a car for €100 the ….read more

A teenager who pleaded guilty to murdering his friend by stabbing him to death will appeal the severity of the life sentence imposed on him.

James Dwyer SC for the now 17-year-old, told the Court of Appeal today he is anxious to complete the appeal process before the boy turns 18, at which time he would no longer be entitled to anonymity.

President of the Court of Appeal Mr Justice George Birmingham ordered that transcripts of the trial be furnished to the relevant legal teams and adjourned the case until March 2 for a full hearing.

The 17-year-old pleaded guilty in August last ….read more

An Algerian man who admitted trying to murder his wife by beating her with a kettlebell after becoming resentful of her independence has claimed that he was misled by his legal team and that gardai fabricated evidence at his sentence hearing.

At the Court of Appeal today Lounes Ouachek (50) of St Dominic’s Terrace, Tallaght, Dublin 24 asked for permission to bring an appeal against conviction in circumstances where the statutory period to lodge an appeal has passed.

The court refused his application, having heard arguments from Ms Cathleen Nocter SC for the Director of Public Prosecutions that Ouachek had not ….read more

A 53-year-old woman who is wanted in Northern Ireland for the alleged theft of six designer handbags has been refused permission to seek bail.

Catherine Gaffney, with an address at Carraroe Avenue, Grange, Dublin 13, is in custody in the Dochas Centre at Mountjoy Prison as a result of convictions at Dublin Circuit Criminal Court and will be surrendered to the UK authorities on completion of her sentence.

The Court of Appeal heard today that the Dochas Centre has decided Gaffney qualifies for temporary release as part of a programme to help prisoners reintegrate into the community.

However, she was unable to take ….read more

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