Court of Criminal Appeal

A father-of-three who was jailed for 10 years for having €50,000 worth of cocaine on the Dublin to Cork train has had half of his sentence suspended on review.

In April 2009 Donal Heaphy (59) formerly of Rock Road, Cork, was jailed for ten years by Judge Seán Ó Donnabháin for the possession of cocaine for sale or supply on September 14, 2005 at Kent Station in Cork. He had pleaded not guilty to the charge but was convicted after trial.

The trial heard evidence that the drugs were concealed in a gold-coloured champagne box.

The case came before the Court of Criminal ….read more

An application by former Fine Gael councillor Fred Forsey Jnr for more time to lodge an appeal against his conviction for receiving corrupt payments has been adjourned.

Forsey (45) is bringing an application for enlargement of the time in which an applicant must lodge an appeal against their conviction or sentence. A defendant has 21 days from the date of their sentence to file a notice of their intent to appeal.

Counsel for Forsey, Mr Remy Farrell SC, this morning told the Court of Criminal Appeal that he was applying to adjourn the enlargement of time application.

He agreed the adjournment application was ….read more

by Aodhan O’Faolain

A Dublin man jailed for five years walked free from the Four Courts today after his conviction for IRA membership was quashed by the Court of Criminal Appeal.

Sean Farrell (28), of Kilfenora Road, Crumlin, was convicted at the Special Criminal Court in December 2012 of membership of an unlawful organisation within the State styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on July 7th 2011. He had always maintained his innocence.

Hi appeal was supported by independent TD’s Clare Daly and Mick Wallace who were both present in court for the ….read more

by Ruaidhri Giblin

A south county Dublin teenager, whose six year prison sentence for attempted murder was deferred last month, will go to jail on Friday following a failed application for continuing bail.

Tadhg Costello (19) of Richmond Hill, Monkstown, was sentenced on March 7 to six years imprisonment with the final three suspended for the attempted murder of Josh Leahy at Johnson’s Court in Dublin city on May 31, 2012.

Costello had originally plead not guilty to the attempted murder charge but changed his plea to guilty following a ruling by trial judge Mr Justice Paul Butler that the teenager’s garda interview ….read more

A man who was sentenced to two years for indecently assaulting his cousin nearly thirty years ago has had his conviction quashed in the first appeal brought under last month’s Supreme Court judgement on the questioning of suspects before the receipt of legal advice.

In April 2012 the now 45-year-old man, who cannot be named for legal reasons, was sentenced to two years imprisonment by Judge Gerard Griffin having been convicted of two counts of indecent assault by the unanimous verdict of a Naas Circuit Criminal Court jury.

He had pleaded not guilty to the offences against his cousin, which were alleged ….read more

An appeal brought by two Laois brothers against their conviction and three year sentence for raping a woman in a hotel room has been adjourned until the next court term.

Eamonn Flanagan (42) of Dunamaise, Stradbally and Seamus Flanagan (35) of Ashley Gardens, Portlaoise were jailed for three years by Mr Justice Garrett Sheehan in October 2011 after a Central Criminal Court jury convicted them of raping a woman in a room at the Red Cow Hotel in Dublin on March 3rd, 2008.

Seamus Flanagan had pleaded not guilty to the anal and vaginal rape of the woman at the hotel, ….read more

Three Dublin men who received jail terms totaling 34 years for having €52,000 worth of heroin have had their convictions quashed on appeal.

The Court of Criminal Appeal today overturned the convictions of Jason Comerford (42), Don Brennan (38) and Dermot Griffin (54) who were jailed in July 2011 having been found guilty by a Dublin Circuit Criminal Court jury.

Mr Comerford, who is originally from Ballyfermot but has a last address at Gandon Court, Lucan and Mr Brennan, of Rossmore Avenue, Ballyfermot each pleaded not guilty to possession of the drugs for sale or supply in Waterstown Park, Riversdale Estate, Palmerstown ….read more

The Court of Criminal Appeal has ordered that there be no retrial of two nightclub doormen who had their convictions quashed for assaulting a drunken man who lost the tip of his finger when a door was closed against him.

Last month the appeal court found that the convictions of Frankie Murphy (44), of Stephen Street, Sligo, and John Molloy (33), of Creggs Road, Ballina, Co Mayo were unsafe and should be set aside.

In October 2011 the men were found guilty by a Sligo Circuit Criminal Court jury of assault causing harm to Paul Regan on February 18th, 2009.

Sentencing judge Michael ….read more

The Court of Criminal Appeal has reserved judgement in an appeal brought by a man who was jailed for fifteen years for ambushing a woman in the public toilets of a Cork town and subjecting her to over half an hour of rape and sexual violence.

Przemyslaw Jakubowski (39) was wearing women’s underwear when he grabbed the woman from behind as she was drying her hands after running errands in the town. He pulled her into a cubicle and threatened to kill her.

Jakubowski, formerly of Egmont Court, Earls Street, Kanturk had pleaded not guilty at the Central Criminal Court to twelve ….read more

A Dublin man has begun an appeal against his conviction for the murder of his friend who died two years after he was shot in the head.

In February 2012 Jonathan Dunne was jailed for life by Mr Justice Paul Carney having been found guilty of murdering Ian Kenny (21) by a Central Criminal Court jury.

Dunne (28), formerly of Windmill Park, Crumlin, had previously pleaded guilty to the attempted murder of Mr Kenny at Lakelands Road, Stillorgan.

He had been serving a 12-year sentence for attempted murder but in a landmark case was tried for murder after Mr Kenny died in hospital ….read more

  • Become a Courts News Ireland Subscriber

    Sign-up today for full reports on the proceedings of the Central Criminal Court Ireland, the Special Criminal Court, the Court of Criminal Appeal and High Court extradition.

    As a subscriber, you'll have priority access to the full stories as soon as they are filed.

    If you represent a company or institution interested in subscribing to Courts News Ireland, please contact enquiries@courtsnewsireland.ie for more information about Group Subscriptions.

    If you're a newspaper professional or broadcaster interested in acquiring a licence to publish our content, please click subscribe and select the "Publisher's Account" option to have a Courts News Ireland representative contact you.

  • Get alerts for
    every new story

    Register now to receive alerts when new stories are posted to Courts News Ireland.