What could be Graham Dwyer’s final bid to overturn his murder conviction and the trial of a man for the murder of schoolteacher Ashling Murphy are among the cases due for hearing as the new legal year opens next week.
Religious services have traditionally marked the start of another legal year but this year will see a new secular ceremony in the Four Courts, an initiative of Chief Justice Donal O’Donnell. It will feature addresses by the Chief Justice, the chief executive of the Courts Service and the Attorney General along with a performance by the Courts Service choir.
Next week also marks an unprecedented strike on Tuesday, organised by the Bar of Ireland, over the Government’s continuing failure to reverse recession-era cuts in criminal legal aid fees.
With many courts juggling busy lists, and some battling substantial backlogs, the hope is the promised appointment of additional judges will go some way to reducing the burden.
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Ashling Murphy murder
In the Central Criminal Court on Monday, a Slovakian national, Jozef Puska, with an address at Lynally Grove, Co Offaly, is due to be tried for the murder of 23-year-old Ashling Murphy at Cappincur, Tullamore, on January 12th, 2022. Ms Murphy was working as a teacher at Durrow National School in Co Offaly at the time of her death.
The trial of 36-year-old Gerard Cervi on a charge of murdering one man, and the attempted murder of two other men, including well-known coach Pete Taylor, at Bray Boxing Club, is also fixed for Monday.
Mr Cervi, originally from the East Wall area, Dublin 3, is charged with the murder of Bobby Messett (50), and of the attempted murder of Mr Taylor and of Ian Britton at Bray Boxing Club on June 5th 2018.
Yousef Palani sentencing
On October 23rd, the Central Criminal Court is due to hold a sentencing hearing, to include victim-impact statements, in the case of Yousef Palani (23), of Markievicz Heights, Co Sligo.
Palani pleaded guilty last July to the murder of two men: Aidan Moffitt at Cartron Heights in Sligo on April 10th, 2022, and Michael Snee at City View, Connaughton Road, Sligo, on April 12th, 2022.
Aaron Brady appeal
The Court of Appeal is due this month to hear an appeal by Aaron Brady (32) previously of New Road, Crossmaglen, Co Armagh, against his conviction, and 40-year minimum life sentence, for the murder of Det Garda Adrian Donohoe (41) at Lordship Credit Union in Bellurgan, Co Louth on January 25th, 2013.
Det Garda Donohoe was on a cash escort when he was ambushed by a five-man gang and shot dead. The gang fled with €7,000 in cash.
Brady denied any involvement in the robbery or the murder and his trial at the Central Criminal Court remains the longest murder case in Irish legal history, lasting 122 court days.
Michael Lynn trial
In Dublin Circuit Criminal Court, the trial of former solicitor Michael Lynn has been set down for hearing on October 16th. Mr Lynn (53) of Millbrook Court, Red Cross, Co Wicklow, is accused of the theft of about €27 million from seven financial institutions between 2006 and 2007.
James Kilroy trial
Back in the Central Criminal Court, James Kilroy, who is accused of the murder of his wife at their rural Co Mayo home, is due to go on trial on November 6th. Mr Kilroy (49), with an address at Kilbree Lower, Westport, Co Mayo, is charged with murdering Valerie French Kilroy (41), a mother of three, at their home between June 13th, 2019, and June 14th, 2019.
Andy Cash trial
In January, Andy Cash (24) will stand trial for the murder of his three siblings. Lisa Cash (18) and her eight-year-old twin brother and sister, Christy and Chelsea Cawley, died after an incident at their family home in Rossfield Avenue, in the Brookfield area of Tallaght, in the early hours of September 4th, 2022. Also at the Central Criminal Court in January, a woman will go on trial accused of murdering her two young children in a car fire in Co Westmeath. Lynn Eagar, with an address of Winetown, Rathowen, Co Westmeath, is charged with the murders of five-year-old Thelma and two-year-old Michael Dennany at Lackan, Multyfarnham, on September 9th, 2022.
Graham Dwyer appeal
In the Supreme Court, a date is expected to be fixed this term for a further appeal by Graham Dwyer against his 2015 conviction for the murder of childcare worker Elaine O’Hara. The appeal involves what the court has described as significant issues of general public importance concerning the admissibility of mobile phone metadata evidence retained and accessed under a 2011 law struck down by the High Court in proceedings brought by Dwyer.
The High Court decision, later upheld by the Court of Justice of the EU, formed an important part of Dwyer’s separate appeal against his conviction. When dismissing that appeal earlier this year, the Court of Appeal held there was other evidence apart from phone call data records that was “as powerful and perhaps more compelling”.
In what could be Dwyer’s final appeal against his conviction, the Supreme Court will also consider the nature of the illegality involved considering the data was obtained in compliance with the 2011 Act some years before it was found to be inconsistent with EU law.
Dwyer is serving a life sentence for the murder of Ms O’Hara, who was last seen on August 22nd, 2012. Some of her remains were found on Killakee mountain just over a year later and she was identified from dental records.
Dwyer’s trial was told a Nokia phone found in Vartry reservoir in 2013 was used to send her messages, including one about stabbing, culminating in a text dated August 22nd, 2012, telling her to “go down to the shore and wait”. The prosecution argued there was evidence to link Dwyer to that and another phone.
Mark Crawford appeal
In a separate appeal by Mark Crawford, another convicted murderer, the Supreme Court will consider the law concerning the defence of self-defence.
Crawford (45), formerly of Quarry Road, Thomondgate, Co Limerick, stabbed the victim, Patrick ‘Pa’ O’Connor (24), six times while both were in a Limerick pub. Crawford had been taking cocaine and drinking with O’Connor at the time.
Crawford pleaded self-defence in the context of his perception there was a threat of an attack, rather than an actual attack. It was argued the full defence of self-defence is made out where the defendant genuinely believes the use of force is necessary to defend against a threat and where the force used is reasonable in the circumstances as the defendant believes them to be, not as they actually are.
The Court of Appeal rejected that argument but the Supreme Court agreed to hear a further appeal by Crawford on the basis it is of general public importance there should be no doubt about the nature and extent of the defence of self-defence when raised in answer to a murder charge.
Planning appeals
Two appeals raising important issues concerning local area development plans and the obligations of local authorities in planning matters will also be heard by the Supreme Court.
In separate appeals by developers concerning zoning decisions by Meath County Council, the court will consider the nature of a development plan, the grounds upon which part of a plan may be challenged and the nature and extent of any obligation to give reasons in the context of rezoning decisions. Both appeals concern lands which were previously zoned for new residential housing but were rezoned to community infrastructure in the Meath County Development Plan 2021-27.
As the controversial new Planning Bill aimed at a radical overhaul of the planning system advances towards finalisation, the new planning and environment court in the High Court is awaiting the expected assignment this term of one more judge, with the effect it will have three judges dealing full time with planning and environment cases. There are 130 live cases as the new term opens.
Mica cases
The High Court’s commercial division will this month continue to case manage mammoth litigation brought on behalf of homeowners affected by defective mica building blocks. Two lead cases have been identified out of some 1,500 cases brought on behalf of an estimated 2,200 plaintiffs.
The litigation, a class-action type, is being funded by a company funded by Donegal businessman Adrian Sheridan, who has contributed more than €2 million, according to solicitor David Coleman whose firm Coleman Legal is acting for plaintiffs. Sheridan is funding the actions on a not-for-profit basis, meaning if the plaintiffs win, he gets his money back but no reward.
A company called Micaredress100 CLG, trading as Defective Blocks Ireland, has been established by Sheridan and another Donegal businessman, Shaun Hegarty. The defendants are: Cassidy Brothers Concrete Products Ltd; Cassidy Brothers Topmix Ltd; the National Standards Authority of Ireland and Donegal County Council.
Among their claims, the plaintiffs allege the State redress scheme is insufficient to address the scale of the problem and too limited in relation to the type of building that will qualify. The Enhanced Defective Concrete Blocks Scheme covers 100 per cent of remediation works up to a maximum of €420,000.
This overview of cases, most to be heard by the superior courts, represent a mere fraction of the more than half a million matters dealt with by the courts annually.
Most will not make news but many criminal, family law, childcare, and debt cases are just some of those that directly affect the day-to-day lives of thousands of individuals and families. As with every other legal year, this one will involve decisions that change lives.
