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Tag Archives: Court of Criminal Appeal


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Birth of Irish Republican Colm Murphy

Colm Murphy, Irish republican who is the first person to be convicted in connection with the Omagh bombing, but whose conviction is overturned on appeal, is born on August 18, 1952, in Belleeks, County Armagh, Northern Ireland.

Murphy is an active Irish republican paramilitary from his late teens. In March 1972, he is arrested in Dundalk regarding an assault and is sentenced to two years in prison after the Garda Síochána find a loaded revolver in his car. He is imprisoned in the Curragh Camp but escapes in October 1972 and is not recaptured until May 1973. In June 1976, he is imprisoned again, receiving a three-year sentence for firearms offences and a one-year sentence for Provisional Irish Republican Army membership, both sentences to run concurrently. In July 1983, he is arrested in the United States after attempting to buy a consignment of M60 machine guns to be shipped to Ireland for use by the Irish National Liberation Army (INLA). He receives a five-year prison sentence but returns to Ireland in December 1985 after being released early.

In the late 1980s, Murphy begins investing in property and forms a company named Emerald Enterprises in 1990. He purchases the Emerald Bar public house in Dundalk for IR£100,000, and it later becomes a meeting place for dissident republicans. Other investments included 30 acres of land in Drogheda bought for IR£52,000 in 1995, and his company wins contracts for an IR£11 million development at Dublin City University (DCU) and the multi-million-pound International Financial Services Centre in the Dublin Docklands.

Murphy is arrested by the Gardaí on February 21, 1999, for questioning under anti-terrorist legislation. On February 24, he becomes the first person to be charged in connection with the Omagh bombing, when he appears before Dublin‘s Special Criminal Court and is charged with conspiring to cause an explosion under the terms of Ireland’s Offences Against the State Act, between August 13-16, 1998. He is also charged with membership in an illegal organisation, the Real Irish Republican Army (RIRA).

On October 10, 2000, the BBC television show Panorama names Murphy as one of four people connected with the Omagh bombing, along with Seamus Daly and Liam Campbell. In 2001, he undertakes legal action against the BBC and Daily Mail publishers Associated Newspapers for contempt of court. The action against Associated Newspapers is settled on July 31, 2001, and the newspaper releases a statement saying Murphy is entitled to be presumed innocent of the charges against him until proven guilty.

Murphy’s trial begins at Special Criminal Court in Dublin on October 12, 2001. The court hears that Murphy had supplied two mobile phones which were used during the bombing. One witness, Murphy’s second cousin, retracts his evidence and the judge calls the conduct of two detectives outrageous, saying they had persistently lied under cross-examination. Despite this, on January 22, 2002, he is convicted of conspiring to cause the Omagh bombing, and on January 25 is sentenced to 14 years imprisonment with the judge describing him as a long-time republican extremist.

On January 21, 2005, Murphy’s conviction is overturned and a new trial ordered, due to the invasion of Murphy’s presumption of innocence, and alteration of Gardaí interview notes and evidence presented by two officers. A week later, his legal case against the BBC is resolved, with the BBC issuing a statement that Murphy “was fully entitled to maintain his innocence of the charges against him and to test the evidence against him at his trial.”

On October 23, 2006, two Gardaí officers are found not guilty of perjuring themselves during Murphy’s trial. On May 23, 2007, it is announced that Murphy is suffering from short-term memory loss resulting from a car accident in 1988. His lawyers attempt to prevent a retrial taking place, on the grounds that his condition interferes with his right to a fair hearing. The Court of Criminal Appeal is scheduled to hear his case again in October 2008. Following a retrial held in January 2010, he is acquitted on February 24, 2010.

In 2009, Murphy is one of four men found by a civil court to be liable for the Omagh bombing in a case taken by relatives of the victims. On July 7, 2011, in Belfast High Court, Lord Justice Malachy Higgins directs a retrial of the civil claims against Murphy. He questions evidence surrounding emails from U.S. undercover agent David Rupert while overturning the judgment on Murphy. The paucity of the email evidence, the lack of consistency in the emails or at least ambiguity, the possibility of initials referring to someone other than Murphy and the fact that they refer on occasions to double hearsay considerably weaken the emails as evidence, he says. Following a civil retrial on March 20, 2013, Murphy and Seamus Daly are found liable for involvement in the bombing.

Murphy dies peacefully of degenerative lung disease at the age of 70 on April 18, 2023, at Our Lady of Lourdes Hospital in Drogheda, County Louth.


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Official Opening of the New Court of Appeal Building

President Michael D. Higgins officially opens the new Court of Appeal building in the Four Courts on November 26, 2015. The court, situated in the former Public Records building in the Four Courts complex, has been refurbished at a cost of €3 million.

The ten-judge court is established in 2014. President of the Court of Appeal, Justice Sean Ryan, says the court has achieved major success in dealing with criminal appeals. He says the court is also committed to realising the hopes and expectations of the people when they established the new court and to making whatever changes are necessary.

Justice Ryan says the new court has inherited 660 cases from the Court of Criminal Appeal and has taken on 287 new appeals up to the previous July. Two hundred eighty have been disposed of and all cases ready for hearing are listed for hearing next term.

On the civil side Justice Ryan says the total number of civil appeals disposed of is 468. New civil appeals number 60 a month. He adds that he and his colleagues have achieved a remarkable amount in a short space of time.

President Higgins pays tribute to the work of the court to date. He says it inherited a significant workload from the Supreme Court and the initial priority is to reduce the backlog of criminal cases. Inroads have also been made into reducing the waiting times for dealing with civil appeals.

President Higgins says that the courts play a vital role in the function of the State and there are also plans to faciltate a second court to hear civil appeals which will make further progress in reducing waiting times. He says the effectiveness and efficiency in the court system is also underscored by Ireland’s obligations under a number of international agreements, including Article 6 of the European Convention on Human Rights, which guarantees citizens a right to a fair and speedy trial.

Chief Justice Susan Denham says the occasion is a significant one for the people of Ireland who decided there should be a Court of Appeal. She adds that it is an important day for all involved in the law and that the new judges of the court have “done trojan work on this great project for the people of Ireland.”

(From: “President opens new Court of Appeals building,” Raidió Teilifís Éireann (RTÉ), http://www.rte.ie, November 26, 2015 | Pictured: President Michael D. Higgins (left) pays tribute to the work of the court to date)


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Death of Supreme Court Judge Adrian Hardiman

Adrian Hardiman, Irish judge who serves as a Judge of the Supreme Court of Ireland from 2000 to 2016, dies in Portobello, Dublin, on March 7, 2016. He writes a number of important judgments while serving on the Court. He also presides, as does each Supreme Court judge on a rotating basis, over the Court of Criminal Appeal.

Hardiman is born on May 21, 1951, in Coolock, Dublin. His father is a teacher and President of the Association of Secondary Teachers, Ireland (ASTI). He is educated at Belvedere College, Dublin, and University College Dublin, where he studies history, and the King’s Inns. He is president of the Student Representative Council at UCD and Auditor of the Literary and Historical Society (UCD) and wins The Irish Times National Debating Championship in 1973.

Hardiman is married to Judge Yvonne Murphy, from County Donegal, a judge of the Circuit Court between 1998 and 2012, who conducts important inquiries relating to sex abuse including the Murphy Report and the Cloyne Report. She serves as chair of the Mother and Baby Homes Commission of Investigation. They have three sons, Eoin, who is a barrister and has been a member of the Mountjoy Prison Visiting Committee, Hugh, who is a personal assistant to Minister for Justice, Equality and Law Reform Michael McDowell, and Daniel, a doctor.

Hardiman joins Fianna Fáil while a student in University College Dublin and stands unsuccessfully for the party in the local elections in Dún Laoghaire in 1985. In 1985, he becomes a founder member of the Progressive Democrats but leaves the party when he is appointed to the Supreme Court. He remains very friendly with the former party leader and ex-Tánaiste, Michael McDowell, who is a close friend at college, a fellow founding member of the party, and best man at his wedding.

Hardiman is called to the Irish Bar in 1974 and receives the rare honour of being appointed directly from the Bar to Ireland’s highest court. Prior to his elevation to the Supreme Court in 2000, he has a successful practice as a barrister, focusing on criminal law and defamation.

Politically, Hardiman supports the liberal side in Ireland’s debates over abortion, being active in the “anti-amendment” campaign during the 1982 Abortion Referendum and later represents the Well Woman Centre in the early 1990s. After his death, he is described by Joan Burton as a liberal on social issues. But he could be an outspoken opponent of Political Correctness, such as when he rejects the Equality Authority‘s attempt to force Portmarnock Golf Club to accept women as full members. He also believes that certain decisions, such as those involving public spending, are better left to elected politicians rather than unelected judges, regardless of how unpopular that might sometimes be in the media (which he tends to hold in low esteem) and among what he describes as the “chattering classes.”

Hardiman’s concern for individual rights is not confined to Ireland. In February 2016, he criticizes what he describes as the radical undermining of the presumption of innocence, especially in sex cases, by the methods used in the UK‘s Operation Yewtree inquiry into historical sex allegations against celebrities, and he also criticizes “experienced lawyer” and then United States presidential candidate Hillary Clinton for allegedly declaring in January that “every accuser was to be believed, only to amend her view when asked if it applied to women who had made allegations against her husband”, former U.S. President Bill Clinton.

In a tribute following his death in 2016, President Michael D. Higgins says Justice Hardiman “was one of the great legal minds of his generation”, who was “always committed to the ideals of public service.” He is described as a “colossus of the legal world” by Chief Justice Susan Denham.

One commentator writes that “Hardiman’s greatest contribution …was the steadfast defence of civil liberties and individual rights” and that “He was a champion of defendants’ rights and a bulwark against any attempt by the Garda Síochána to abuse its powers.”


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Birth of Barrister Alexander Martin Sullivan

alexander-martin-sullivan

Alexander Martin Sullivan, Irish lawyer best known as the leading counsel for the defence in the 1916 treason trial of Roger Casement, is born in Dublin on January 14, 1871. He is the last barrister in either Ireland or England to hold the rank of Serjeant-at-Law, hence his nickname The Last Serjeant.

A younger son of A.M. Sullivan and Frances Donovan, Sullivan is educated at Ushaw College, Belvedere College, Trinity College, Dublin and King’s Inns. He is called to the Irish Bar in 1892 and practises on the Munster Circuit.

Sullivan is appointed an Irish KC in 1908 and King’s Third Serjeant-at-law (Ireland) in 1912 advancing to Second Serjeant in 1913 and First Serjeant in 1919, the last holder of that position.

A moderate constitutional nationalist and supporter of the Irish Parliamentary Party, Sullivan is a prominent campaigner for the recruitment of Irishmen into the British Army during World War I. His opposition to Sinn Féin republicanism and his prominent role in conducting prosecutions on behalf of the Crown during the Irish War of Independence lead to at least one attempt on his life. As a result, he relocates to England in 1921 and establishes a career at the English Bar, having previously been called to the Middle Temple in 1899. He subsequently becomes a Bencher and Treasurer of Middle Temple. By courtesy, he is always referred to as Serjeant Sullivan, even though that rank no longer exists in England.

Sullivan remains a member of the Irish Bar and returns at least once to appear in the celebrated case of Croker v Croker, where the children of the former leader of Tammany Hall, Richard “Boss” Croker attempt to overturn his will, which leaves his entire estate to their stepmother.

Sullivan is noted as a fearless advocate, who brings to his English practice the robust manners he had learned in the Irish county courts. He does not hesitate to interrupt the judge, and if he feels that he is not receiving a fair hearing, he is quite capable of walking out of Court.

In 1916 Sullivan is retained as lead counsel in the trial of Sir Roger Casement for treason. No English barrister will defend Casement, and Sullivan is persuaded to take the case by George Gavan Duffy, whose wife Margaret is Sullivan’s sister. Despite his rank of Serjeant at law and King’s Counsel at the Irish bar he is only ranked as a junior barrister in England. As the facts relied on by the prosecution are largely undisputed, Sullivan is limited to arguing a technical defence that the Treason Act 1351 only applies to acts committed “within the realm” and not outside it. The Act’s terms had however been expanded by case law over the previous 560 years, and the defence is rejected by the trial judges and by the Court of Criminal Appeal.

Sullivan writes two books: Old Ireland in 1927 and The Last Serjeant in 1952. He retires from legal practice in 1949. He dies on January 9, 1959.