A judge at Dublin District Court has refused an application to strike out a theft charge against former Ireland rugby international Brendan Mullin over an alleged perfume theft from Brown Thomas. The ruling came on Tuesday, 29 September, at what was Mullin's third hearing on the matter, and the case was adjourned to 20 October for him to enter a plea.
What happened in court on Tuesday
An application to strike out a charge against former rugby international Brendan Mullin for the theft of perfume from the Brown Thomas department store has been refused at Dublin District Court. Judge Áine Clancy rejected the application from John O'Doherty, solicitor for Mullin, who argued there had been noncompliance with a court disclosure order to produce statements to the defence.
O'Doherty said a précis of evidence had been presented in addition to a closed-circuit television recording but said the footage was “inconclusive”. Citing an earlier order made by Judge Treasa Kelly, he had made written requests this month for statements but received no response. He told the court, in his own words, that he could not properly prepare the defence and that his client had been left in an unfortunate position with the case coming before the court repeatedly.
On the prosecution side, a solicitor for the Director of Public Prosecutions said gardaí had taken further statements relating to the origin of the CCTV recording, a detail that appeared to surprise the defence. Following discrepancies over outstanding statements, the judge refused the defence solicitor's request to strike out the case, though she agreed to impose a three-week deadline and marked the case peremptory against the State, meaning it could be struck out on the next date if disclosure had not been complied with by then.
The allegation and the background
The ex-rugby star, who won 55 Irish caps between 1984 and 1995 before moving into financial services, is accused of stealing a Hermès perfume worth €158 from the Brown Thomas department store on Dublin's Grafton Street on 15 May last. Garda Nathan Cox of Pearse Street is prosecuting him on a single charge under section 4 of the Theft and Fraud Act.
Judge Kelly had earlier noted the Director of Public Prosecutions has, based on an evaluation of €158, directed summary disposal in the District Court, rather than sending the case forward to the Circuit Court, which has wider sentencing powers. The alleged offence, at District Court level, carries a maximum sentence of 12 months and a fine of up to €3,000.
A rugby career followed by a prior conviction
Mullin was a prominent outside centre for Ireland in the 1980s and 1990s, and that career lasted for more than 10 years and earned Mullin 55 Irish caps and 17 international tries. He also toured with the British & Irish Lions and later moved into financial services, working in senior roles including at Bank of Ireland.
This is not the first time Mullin has faced the courts over allegations of theft. He was previously convicted after a separate case in which he was accused of stealing more than €570,000 from Bank of Ireland, a matter that led to a jail sentence handed down in late 2024. The current Brown Thomas case is entirely separate and relates only to the alleged May shoplifting incident.
Timeline of the case so far
The prosecution has now stretched across several months. Mullin first appeared before Judge Treasa Kelly at Dublin District Court in June, and the case was adjourned after procedural hearings in July when the defence sought a sales assistant's statement from Brown Thomas staff. He was remanded on continuing bail to appear on 29 September to enter a plea, but that date instead produced the legal argument over disclosure that dominated Tuesday's hearing.
What comes next
Brendan Mullin was remanded on continuing bail to appear again on 20 October, when he is due to enter a plea. Because the case has been marked peremptory against the State, prosecutors will need to fully satisfy the outstanding disclosure requests within the three-week window set by the judge, or risk having the charge thrown out entirely. Mullin has not yet entered a plea to the single theft charge.