Supreme Court

A bid by Gerry ‘The Monk’ Hutch and ex-Sinn Féin councillor Jonathan Dowdall to prevent their trial for the Regency Hotel murder taking place before the non-jury Special Criminal Court has been dismissed by the Supreme Court.

In what was a unanimous decision on Friday morning, a five-judge Supreme Court cleared the way for the two men’s trial to proceed before the SCC.

Hutch (58), who was extradited from Spain, and former Dublin City councillor Dowdall (44), of Navan Road, Dublin, are both charged with the murder of David Byrne (33) at the Regency Hotel in Dublin on February 5, 2016. ….read more

(Pictured: Chief Justice Mr Justice Donal O’Donnell. Photo: Collins)

An environmental group’s appeal against a refusal by the lower courts to overturn part of the biggest capital expenditure plan in the history of the State – the €165 billion ‘Project Ireland 2040′ plan – has opened before a seven-judge Supreme Court.

Unusually, due to the high summer temperatures on Monday, the majority of the court dispensed with their traditional robes and gowns during the hearing, and instead appeared in court in normal business suits.

The appeal has been brought by Friends of the Irish Environment (FIE), which claims that the plan originally ….read more

(Pictured: Mr Ben Gilroy. Photo: Collins)

The Supreme Court has declined to hear an appeal by political candidate and anti-eviction activist Ben Gilroy and his wife Sarah Jane Gilroy against a decision to grant a mortgage company a possession order for their home.

In a written determination, a panel of three Supreme Court judges held that no point of general public importance that the court needed to consider had been raised by the Gilroys.

The Gilroys have opposed a lower court’s decision to grant Start Mortgages DAC a possession order in respect of the couple’s principle private dwelling in Navan, Co Meath.

Start claimed ….read more

(File Picture: Ms Gemma O’Doherty & Mr John Waters. Photo: Collins)

The Supreme Court has upheld a decision to dismiss a bid by Gemma O’Doherty and John Waters to challenge the constitutionality of laws introduced in response to the Covid-19 pandemic.

Returning the court’s decision, Chief Justice Donal O’Donnell said that in order to succeed, Ms O’Doherty and Mr Waters would have needed evidence to support the core of their case that the regulations and restrictions were part of some global conspiracy to undermine the rights of citizens.

However, the Chief Justice found that none of the type of evidence required for leave ….read more

(File Picture: Mr Yusuf Ali Abdi. Photo: Collins)

The Supreme Court has, in a significant decision, upheld a finding that the case of a mentally ill man who spent 16 years in prison before he was found not guilty by reason of insanity of the murder of his infant son amounted to a miscarriage of justice.

The five-judge court made its ruling when dismissing an appeal brought by the Director of Public Prosecutions in the case of Somali native Yusuf Ali Abdi.

Mr Abdi, with a last address of Charleville Road, Phibsboro, Dublin 7 was convicted of murdering his 20-month-old son ….read more

The Supreme Court has dismissed an armed robber’s appeal against the conviction he received after shooting two workers during a raid on a restaurant.

Joseph Behan (46), last of Edenmore Park, Raheny, Co Dublin was jailed for 15 years after he​ was convicted by a jury at the Circuit Criminal Court of robbery, attempted robbery, assault causing serious harm, assault causing harm, possession of a firearm and reckless discharging of the firearm at Mizzoni’s Pizza, Edenmore Shopping Centre, Raheny, shortly after midnight on January 1, 2019.

During the attempted robbery, where Behan demanded money, a bottle of champagne was thrown ….read more

The crime of sexual assault is a wholly objective one and no evidence of sexual motive is necessary where it is shown that an assault took place in indecent circumstances, the Supreme Court has found.

In a 3-2 majority decision, the court dismissed an appeal brought by a teenager convicted of sexual assault after he smacked a neighbouring child several times on the bare buttocks.

Mr Justice Peter Charleton said that if the Director of Public Prosecutions had to consider an additional element of sexual purposes as advocated by the teen, it would amount to a “fundamental alteration of criminal law”.

The teenager ….read more

(Pictured: Gerry Hutch. Photo: Collins)

The Supreme Court has agreed to hear appeals by Gerry “The Monk” Hutch and ex-Sinn Fein councillor Jonathan Dowdall aimed at preventing their trials going ahead before the non-jury Special Criminal Court on charges of murder arising out of the Regency Hotel attack in 2016.

Earlier this year Mr Justice Anthony Barr in the High Court ruled that, having considered all the various arguments raised by the parties, their actions aimed at preventing their trials from proceeding before the SCC “must be refused”.

The judge said there was no basis in law to prevent the Director of Public ….read more

(Pictured: Liam Campbell. Photo: Collins)

The Supreme Court has ruled that Liam Campbell, who was found civilly liable for the Omagh bombing, can be extradited to Lithuania where he is accused of offences including international terrorism, possession of weapons and smuggling.

In what was a lengthy legal battle Campbell (59), Upper Faughart, Dundalk, Co Louth had opposed Lithuania’s request for his surrender.

He had claimed that he should not be surrendered on the grounds that no decision has been taken there to put him on trial.

However, that argument was dismissed by a five-judge Supreme Court and it is expected that Campbell will be ….read more

The Supreme Court has agreed to directly hear an appeal by a Cork city community association against the High Court’s refusal to overturn An Bord Pleanála’s permission for certain flood relief works in the city.

Last year, Mr Justice Richard Humphreys found that the ‘Save Cork City Community Association CLG (SCCCA)’ had not made out grounds for an order quashing the permission granted to Cork City Council for the works.

He also ruled that the group is not entitled to a stay on the works being carried out.

In his judgement, the judge found that the group was entitled to a declaration ….read more

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