Case No. 2942Breach of publication restrictions (Children Act 2001) · Co. Dublin

Supreme Court dismisses appeal in Dublin publication restrictions case

Three people were charged with breaching publication restrictions under the Children Act 2001 by identifying two boys convicted of murdering 14-year-old Ana Kriégel at a disused farmhouse in Lucan, Co Dublin, in May 2018. Kyle Rooney, 26, was charged with posting photos of the boys on Twitter; Declan Corcoran, 30, was accused of naming them and posting images on Twitter; and Edel Doherty, 48, was charged with posting photos on Facebook. A jurisdictional dispute over whether the cases should be tried in the District Court or Circuit Court passed through the High Court and Court of Appeal before reaching the Supreme Court. On 14 November 2024, the Supreme Court unanimously dismissed the three accused's appeal, confirming they will be tried before a jury in the Circuit Court.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court30 Apr
    5 reports
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
  • Three people were charged with breaching publication restrictions under the Children Act 2001 by identifying two boys convicted of murdering 14-year-old Ana Kriégel.
  • Kyle Rooney, 26, was charged with posting photos of the boys on Twitter; Declan Corcoran, 30, was accused of naming them and posting images on Twitter; and Edel Doherty, 48, was charged with posting photos on Facebook.
Where
Ana Kriégel was murdered at a disused farmhouse in Lucan, Co Dublin.
When
The murder took place in May 2018 when the two boys were both 13.
Charges
The three were among 10 people charged with similar breaches of the Children Act 2001.
In court
  • In December 2020, a District Court judge ruled the offences were too serious for summary trial and sent them to the Circuit Court.
  • In July 2022, the High Court quashed that order and sent the matter back to the District Court.
  • In November 2023, the Court of Appeal reversed the High Court decision.
  • In April 2024, the Supreme Court granted leave to appeal.
  • On 14 November 2024, the Supreme Court unanimously dismissed the three accused's appeal, confirming they will be tried before a jury in the Circuit Court.
Other details
The two boys could not be identified by order of the trial judge and under a provision of the Children Act.
44 statements extracted from the articles
  • whatThe Supreme Court has agreed to hear an appeal by three people facing trial for allegedly breaching publication restrictions during the trial of the murder of teenager Ana Kriégel. (irishtimes.com)
  • whatAna Kriégel was murdered by the two boys in May 2018 when they were 13. (irishtimes.com)
  • whatThe Supreme Court is hearing an appeal by three people accused of breaching publication restrictions imposed during the trial of two boys. (irishtimes.com)
  • what14-year-old Ana Kriegel was murdered at a disused farmhouse in Lucan, Co Dublin, in May 2018. (irishtimes.com)
  • whatThe two boys were both 13 years old when they murdered Ana Kriegel. (irishtimes.com)
  • whatThe three accused were among 10 people charged with similar breaches of the Children Act. (irishtimes.com)
  • whatKyle Rooney, 26, of Rathfield Park, Raheny, Dublin, was charged with posting photographs of the two boys on Twitter. (irishtimes.com)
  • whatDeclan Corcoran, 30, of Williams Place Lower, Dublin, was accused of both naming the boys on Twitter and posting images of them. (irishtimes.com)
  • whereAna Kriégel was murdered at a disused farmhouse in Lucan, Co Dublin, in May 2018 (irishtimes.com)
  • whenThe Supreme Court determination was dated 30 April 2024. (courts.ie)
  • chargeThe accused is alleged to have identified two juvenile convicts on social media and added inflammatory comment. (courts.ie)
  • chargeThe offence is triable either way, and summary disposal requires the consent of the DPP. (courts.ie)
  • chargeThe three were among 10 charged with breaches under the Children Act 2001, which protects the identity of the two boys convicted of the girl's murder. (irishtimes.com)
  • chargeEdel Doherty is charged with posting photos on Facebook of the two boys. (irishtimes.com)
  • chargeKyle Rooney was charged with posting photos of the two boys on Twitter. (irishtimes.com)
  • chargeDeclan Corcoran was accused of naming the boys on Twitter and of posting images of them. (irishtimes.com)
  • chargeThree people were charged with breaching publication restrictions under the Children Act 2001 (irishtimes.com)
  • chargeKyle Rooney is charged with posting photos of the two boys on Twitter (irishtimes.com)
  • chargeDeclan Corcoran is accused of naming the boys on Twitter and posting images of them (irishtimes.com)
  • courtThe matter came before a different District Court judge, Hughes J, on 2 December 2020. (courts.ie)
  • courtJudge Hughes subsequently refused jurisdiction because the offences were not minor and were unfit for summary trial. (courts.ie)
  • courtThe Court of Appeal reversed the High Court order on 16 November 2023. (courts.ie)
  • courtThe Supreme Court granted leave to appeal from the Court of Appeal. (courts.ie)
  • courtThe Supreme Court will grant leave on the general issue of how Articles 38.1 and 38.2 of the Constitution apply to the classification and disposal of offences. (courts.ie)
  • courtThe High Court quashed a District Court order refusing jurisdiction to try the accused summarily. (courts.ie)
  • courtOn 16 November 2023 the Court of Appeal reversed the High Court order. (courts.ie)
  • courtThe Supreme Court will hear the general issue of how Articles 38.1 and 38.2 of the Constitution apply to the classification and disposal of offences. (courts.ie)
  • courtWhen the three first appeared in court, they were told the cases could be dealt with in the District Court, where penalties are less severe. (irishtimes.com)
  • courtA later District Court judge decided the offences were too serious and should be sent for trial in the Circuit Court. (irishtimes.com)
  • courtThe three brought a High Court challenge over the second judge's decision. (irishtimes.com)
  • courtIn July 2022, the High Court ruled the decision was incorrect and the matter should go back to the District Court. (irishtimes.com)
  • courtThe DPP appealed, and the Court of Appeal reversed the High Court ruling the previous November. (irishtimes.com)
  • courtThe three asked the Supreme Court to hear a further appeal. (irishtimes.com)
  • courtA three-judge Supreme Court panel agreed to hear a further appeal. (irishtimes.com)
  • courtThe boys could not be identified by order of the trial judge and under a provision of the Children Act. (irishtimes.com)
  • courtJudge John Hughes deemed the offences too serious and ruled they should be sent to the Circuit Court on 2 December 2020. (irishtimes.com)
  • courtThe five-judge Supreme Court reserved its judgment in the matter. (irishtimes.com)
  • courtThe Supreme Court unanimously dismissed the three accused's appeal (irishtimes.com)
  • courtThe High Court ruled in July 2022 that the decision to send the cases to the Circuit Court was incorrect (irishtimes.com)
  • courtThe Court of Appeal reversed the High Court decision a year before the Supreme Court hearing (irishtimes.com)
  • courtThe second judge was entitled to conclude the offences were not minor in character for the purposes of article 38.2 of the Constitution (irishtimes.com)
  • otherThe DPP opposed a further appeal, saying the law is clear and there was no deprivation of rights. (irishtimes.com)
  • otherThe panel said a key issue in the case is the classification and disposal of offences. (irishtimes.com)
  • otherThe two boys convicted of the murder were both aged 13 at the time (irishtimes.com)

The reporting

newest first
  1. 14 Nov2024
    Trio accused of identifying Ana Kriégel’s killers to be tried before jury after losing Supreme Court appeal

    Supreme Court unanimously dismissed the three accused's appeal, confirming they will be tried before a jury in the Circuit Court rather than in the District Court. The case had previously been sent back to the District Court by the High Court in July 2022, but the Court of Appeal reversed that decision a year before the Supreme Court hearing.

    accused, Edel Doherty, 48, female, named, irish (judged from name)Edel Dohertyaccused, Kyle Rooney, 26, male, named, irish (judged from name)Kyle Rooneyaccused, Declan Corcoran, 30, male, named, irish (judged from name)Declan Corcoran
  2. 15 Oct2024
    Supreme Court reserves decision in appeal by three accused of identifying Ana Kriegel murderers

    Reports the Supreme Court hearing on the jurisdictional appeal; the five-judge court reserved its judgment.

    accused, Edel Doherty, 48, female, named, irish (judged from name)Edel Dohertyaccused, Kyle Rooney, 26, male, named, irish (judged from name)Kyle Rooneyaccused, Declan Corcoran, 30, male, named, irish (judged from name)Declan Corcoranvictim, malevictim, male
  3. 2 May2024
    Three accused of breaching anonymity restriction for Ana Kriégel murderers get further appeal

    Reports the Supreme Court's decision to hear a further appeal by three of the ten people charged with breaching anonymity restrictions, and the procedural history of the jurisdiction dispute.

    accused, Edel Doherty, 48, named, irish (judged from name)Edel Dohertyaccused, Kyle Rooney, 26, named, irish (judged from name)Kyle Rooneyaccused, Declan Corcoran, 30, named, irish (judged from name)Declan Corcoran
  4. 30 Apr2024
    [2024] IESCDET 47 Supreme Court: The People (at the suit of the Director of Public Prosecutions) -v- Declan Corcoran

    Supreme Court determination granting leave to appeal from the Court of Appeal on the classification and disposal of the offence. The article does not state the outcome of the substantive appeal.

    accused, Declan Corcoran, named, irish (judged from name)Declan Corcoran
  5. 30 Apr2024
    [2024] IESCDET 48 Supreme Court: The People (at the suit of the Director of Public Prosecutions) -v- Kyle Rooney

    A Supreme Court determination granting leave to appeal from the Court of Appeal. It sets out the allegation, the procedural history from the District Court refusal of jurisdiction through the High Court and Court of Appeal, and the general constitutional issue to be heard. It gives no date for the alleged offence.

    accused, Kyle Rooney, named, irish (judged from name)Kyle Rooney