Court archive
Court reports mentioning Newtownhamilton, Armagh
2022-11-15 · Monaghan
The President of the High Court, Mr Justice David Barniville, granted an application by Jim Elliott, acting for the family of Corporal James Elliott, to access the Special Criminal Court file from a 1972 trial. The order, issued at the sentence stage of the underlying 1972 proceedings, directs that the Elliott family's lawyers receive the original file and a copy within seven days. The 1972 trial involved Brendan Finnegan and Patrick Lynch, who were convicted of conspiring to commit an explosion and possessing explosives. Finnegan was sentenced to nine months' imprisonment, while Lynch received a 15-month sentence. The family alleges these convictions are linked to the 1972 kidnapping and murder of their father, a part-time Ulster Defence Regiment corporal, by the Provisional IRA. Although other charges, including conspiracy to commit murder, were reportedly dropped, the family has never been informed of the trial until 2005. The court found that providing access to the file supports the legacy process and commitments under the Good Friday Agreement. The application was opposed by no party; the Courts Service, the DPP, the Garda Commissioner, and the Minister for Justice did not object. The judge described the murder as horrendous and ruled that making the file available was in the interests of justice. The matter was not adjourned; the order was finalised with specific directions for file delivery.
2021-07-29 · Dublin
The trial of businessman Jim Mansfield Jnr (54) was adjourned at the Special Criminal Court until October. Mansfield, of Saggart, Co Dublin, pleaded not guilty to conspiring to falsely imprison Martin Byrne and attempting to pervert the course of justice by directing Patrick Byrne to destroy CCTV footage. The matter was adjourned after Garda evidence regarding exhibits was heard. Previously, Dessie O'Hare (64) pleaded guilty to falsely imprisoning Byrne and assaulting John Roche. He was sentenced to ten years in prison with three years suspended for the false imprisonment and three years for the assault. Christopher Maguire (41) pleaded guilty to falsely imprisoning Lisa Byrne and received a three-year suspended sentence. Declan 'Whacker' Duffy (46) was also sentenced to six years for false imprisonment. Martin Byrne, who testified that Mansfield was present when he was taken prisoner, is currently in the Witness Protection Programme.
2021-07-29 · Armagh
Former INLA member Dessie O'Hare, known as "The Border Fox," withdrew his appeal against the severity of his sentence at the Court of Appeal. O'Hare, of County Armagh, was jailed in 2019 by the Special Criminal Court for seven years for falsely imprisoning a family and leading a violent attack. He pleaded guilty to assaulting John Roche and falsely imprisoning Martin Byrne at Rathcoole and Saggart on June 9, 2015. The court sentenced him to three years for the assault and ten years for the imprisonment, with the final three years suspended for life; the sentences run concurrently. A previous appeal hearing was adjourned after O'Hare dismissed his lawyers. During today's hearing, Justice George Birmingham warned that the court could increase his sentence, noting his 1988 conviction for kidnapping Dr. John O'Grady, for which he received 40 years before release under the Good Friday Agreement. Counsel argued O'Hare was being punished for past sins, citing co-accused Declan "Whacker" Duffy, who received six years in 2018 for similar offences. After Justice Birmingham indicated the appeal was unlikely to succeed, O'Hare instructed his barrister to withdraw the appeal. The matter was adjourned following the withdrawal, and the original sentence stands.
2021-01-22 · Armagh
The Court of Appeal has adjourned the sentencing appeal of Dessie O'Hare, a former INLA member known as "The Border Fox." Mr Justice George Birmingham agreed to the adjournment, noting there is "no particular urgency" as O'Hare's sentence is not due to expire soon. The judge stated he "wouldn't expect an early release" even if the appeal succeeded. O'Hare, of County Armagh, was jailed in 2019 by the Special Criminal Court for seven years for falsely imprisoning a family and leading a violent attack. He pleaded guilty to assaulting John Roche and falsely imprisoning Martin Byrne at Rathcoole and Saggart on June 9, 2015. The court also considered two counts of falsely imprisoning Mr Byrne's wife and son. O'Hare received three years for the assault and ten years for the false imprisonment, with the final three years suspended for life; the sentences run concurrently. The judge noted O'Hare's threat to society had not abated. A previous appeal hearing was adjourned after O'Hare dismissed his lawyers. He is currently unable to consult his legal team while in prison. O'Hare previously served 40 years for the 1987 kidnapping of Dr John O'Grady, from which he was released in 2006 under the Good Friday Agreement.
2020-12-11 · Armagh
Former INLA member Dessie O'Hare, known as "The Border Fox", has dismissed his legal team ahead of his appeal against the severity of his seven-year sentence. O'Hare, of Newtownhamilton, County Armagh, was jailed by the Special Criminal Court last year for falsely imprisoning a family and leading a violent attack. He pleaded guilty to assaulting John Roche and falsely imprisoning Martin Byrne at Rathcoole and Saggart on June 9, 2015. The court also considered counts regarding Byrne's wife and son. O'Hare received three years for the assault and ten years, with three suspended for life, for the false imprisonment, with sentences running concurrently. In a remote hearing before the Court of Appeal, new counsel Patrick Jackson BL and Dominic McGinn SC, representing Ferry Solicitors, stated they could not proceed on the originally scheduled Monday date. The DPP opposed the delay, but President Mr Justice George Birmingham permitted the change of solicitor, noting no prejudice to the prosecution. The appeal, which cites a lack of parity with former paramilitary Declan "Whacker" Duffy—who received six years for similar offences in 2018—was adjourned. The Court of Appeal fixed January 22 as the new hearing date for the appeal against the sentence.
2020-11-11 · Dublin
Martin Byrne, a witness in the trial of Jim Mansfield Jnr, has denied claims by the defence that he cannot keep his story consistent and that he puts people in and out of meetings 'willy nilly'. Byrne, who is now in the Witness Protection Programme, testified that he was falsely imprisoned by a gang of seven men, including former INLA member Dessie O'Hare and former Republican paramilitary Declan 'Whacker' Duffy. The trial, which is in the sentence stage, continues before a three-judge court. Mansfield Jnr has pleaded not guilty to all charges, including conspiring to falsely imprison Byrne and attempting to pervert the course of justice. In April 2019, Dessie O'Hare was jailed for three years for assaulting John Roche and ten years with three suspended for the rest of his life for falsely imprisoning Martin Byrne. In 2018, Declan 'Whacker' Duffy was sentenced to six years imprisonment for assaulting John Roche and falsely imprisoning Martin Byrne. The trial continues tomorrow.
2020-11-10 · Dublin
At the Special Criminal Court, Martin Byrne (53), a former in-house security director of the Citywest Hotel and currently in the Witness Protection Programme, denied allegations that he likes to make himself look important or enjoys 'a bit of grandiosity' during cross-examination by defence counsel Bernard Condon SC. Byrne testified that Jim Mansfield Jnr (53) arranged meetings with the New IRA and INLA to assist in reclaiming parts of his family's former property portfolio. He also stated that €2,500 in protection money was being paid weekly to the Real IRA to protect Mansfield Jnr from Traveller gangs. Byrne claimed that Mansfield Jnr was aware of the dangers involved but was determined to recover his property. Mansfield Jnr is accused of conspiring to falsely imprison Byrne between January 1, 2015, and June 30, 2015, and of attempting to pervert the course of justice by directing Patrick Byrne to destroy CCTV footage. The trial continues. In April 2019, Former INLA man Dessie O'Hare was jailed for three years for assaulting John Roche and ten years with three suspended for the rest of his life for falsely imprisoning Martin Byrne. Former Republican paramilitary Declan 'Whacker' Duffy was sentenced to six years in 2018 after pleading guilty to assaulting John Roche and falsely imprisoning Martin Byrne at Rathcoole and Saggart on June 9, 2015.
2020-11-06 · Dublin
Jim Mansfield Jnr is on trial at the Special Criminal Court in Dublin, charged with conspiracy to commit false imprisonment and attempting to pervert the course of justice five years ago. The accused is alleged to have conspired with one or more persons to falsely imprison Martin Byrne on a date unknown between January 1, 2015 and June 30, 2015, both dates inclusive. He is also charged with attempting to pervert the course of justice by directing Patrick Byrne to destroy recorded CCTV footage, with the alleged intention of perverting the course of public justice in relation to the false imprisonment of Martin Byrne at Finnstown House Hotel, Newcastle Road, Lucan, Co Dublin between June 9, 2015 and June 12, 2015. Mr Mansfield has pleaded not guilty to both counts on the indictment. Martin Byrne, who is now in the Witness Protection Programme, testified that he arranged meetings with the New IRA and the INLA to assist Mr Mansfield in getting back parts of his family's former property portfolio. He also stated that he believed Mr Mansfield had set him up and tried to confront him but was grabbed from behind and pushed into a waiting car. The trial continues on Monday before Mr Justice Alexander Owens presiding, sitting with Judge Sinead Ni Chulachain and Judge James Faughnan. Former INLA man Dessie O'Hare was jailed by the Special Criminal Court for three years for assaulting John Roche and ten years with three suspended for the rest of his life for falsely imprisoning Martin Byrne. Former Republican paramilitary Declan "Whacker" Duffy was sentenced by the Special Criminal Court to six years imprisonment in 2018 after pleading guilty to assaulting John Roche, causing him harm, at The Towers, Garter Lane, Saggart, County Dublin on June 9, 2015.
2020-11-03 · Dublin
Businessman Jim Mansfield Jnr is on trial at the Special Criminal Court, charged with conspiracy to commit false imprisonment and attempting to pervert the course of justice. He has pleaded not guilty to both counts. The prosecution alleges that on June 9, 2015, Mansfield effectively delivered his longtime employee, Martin Byrne, into the arms of a group of men who falsely imprisoned Byrne and his family. The State claims Mansfield directed Byrne to a meeting at Keatings Park where he was confronted by Dessie O'Hare and Declan Duffy, after which Byrne was restrained by seven men and taken to The Towers in Saggart. The second count alleges Mansfield instructed Patrick Byrne to destroy CCTV footage from Finnstown House Hotel to pervert justice. The trial continues before Mr Justice Alexander Owens, sitting with Judges Sinead Ni Chulachain and James Faughnan. In related matters, former INLA member Dessie O'Hare was sentenced in April 2019 to three years for assaulting John Roche and ten years, with three suspended for life, for falsely imprisoning Martin Byrne. Former Republican paramilitary Declan Duffy was sentenced in 2018 to six years imprisonment after pleading guilty to assaulting John Roche and falsely imprisoning Martin Byrne on the same date.
2020-07-13 · Dublin
Former INLA member Dessie O'Hare, known as 'The Border Fox', is appealing a seven‑year sentence imposed by the Special Criminal Court for falsely imprisoning a family in South Dublin. O'Hare, 63, was convicted of assaulting John Roche on 9 June 2015 and of falsely imprisoning Martin Byrne, his wife and son, on the same date. He received a three‑year term for the assault and a ten‑year term with three years suspended for the false imprisonment, the sentences running concurrently. The Court of Appeal has scheduled his hearing for 14 December. O'Hare's barrister, Mark Lynam BL, confirmed the client's intention to attend. He has prior convictions, including a 40‑year sentence in 1988 for false imprisonment and assault of a dentist, and firearm offences. The appeal concerns the length of the sentence, not the conviction itself. The case remains at the appeal stage. Dessie O'Hare pleaded guilty. Border Fox pleaded guilty.
2020-02-19 · Dublin
Businessman Jim Mansfield Jnr was refused permission to vary his bail to travel to Spain for his mother's 75th birthday. Mr Justice Paul Coffey at the Special Criminal Court denied the application, noting that the celebration could have been held within the jurisdiction and criticizing the timing of the booking changes after Mansfield had surrendered his passport. Mansfield, of Saggart, Co Dublin, is charged with conspiring to falsely imprison Martin Byrne between January 1 and June 30, 2015, and attempting to pervert the course of justice by directing Patrick Byrne to destroy CCTV footage. His trial is scheduled for April 20. The court noted that Dessie O'Hare and Declan Duffy, who are alleged to have conspired with Mansfield, have already pleaded guilty to false imprisonment and assault charges related to the same incident. O'Hare was sentenced to ten years in prison, with three years suspended, for falsely imprisoning Martin Byrne and assaulting John Roche in Saggart on June 9, 2015. Duffy was jailed for six years after pleading guilty to falsely imprisoning Martin Byrne and assaulting John Roche at The Towers, Garter Lane, Saggart, on the same date. The judge emphasized the seriousness of the offences and the proximity of the trial date in refusing the bail variation.
2019-04-12 · Dublin
An appeal has led to an increased prison sentence for Donal O'Hara, who was involved in a violent attack led by Dessie O'Hare. O'Hara, 27, of Glin Park, Coolock, pleaded guilty to assaulting John Roche, causing him harm, and falsely imprisoning Martin Byrne on June 9, 2015. He was initially sentenced to three years imprisonment with the final year suspended on July 31, 2018. However, the Court of Appeal found the sentence 'unduly lenient' and re-sentenced O'Hara to four years imprisonment with the final year suspended, increasing his jail term by 12 months. Dessie O'Hare, 62, of Slate Rock Road, Newtownhamilton, County Armagh, also pleaded guilty to the same offences and was jailed for seven years. Daniel Kane, 29, of Hollycourt, Ballybrack, County Dublin, pleaded guilty to the same offences and was sentenced to five years imprisonment with the final year suspended on April 27, 2018. Hannover Street West, also pleaded guilty to the same offences and was sentenced to six years imprisonment on January 29, 2018. The appeal was brought by the Director of Public Prosecutions, who argued that the original sentence was too lenient given the severity of the offences and the context of the attack.
2019-04-11 · Dublin
Former INLA member Dessie O'Hare, known as "The Border Fox", was sentenced by the Special Criminal Court to seven years' imprisonment. The court accepted his guilty pleas to assaulting John Roche and falsely imprisoning Martin Byrne at Rathcoole and Saggart on June 9, 2015. O'Hare was jailed for three years for the assault and ten years for the false imprisonment, with three years suspended for life. The sentences run concurrently and were backdated to April 3, 2019. Mr Justice Tony Hunt described the assault on Roche as "disturbingly violent" and noted O'Hare's "appalling record" as an aggravating factor. The judge rejected a non-custodial sentence, stating the offending was too serious and premeditated. O'Hare entered a bond to be of good behaviour for life. The court also noted that former Republican paramilitary Declan "Whacker" Duffy was previously sentenced to six years for his role in the same incident. The Byrne family, who were evicted from their home, are now in the Witness Protection Programme.
2019-04-03 · Dublin
Former INLA member Dessie O'Hare, known as "The Border Fox", was remanded in custody until April 11 for sentencing by the Special Criminal Court. O'Hare (62), of Newtownhamilton, County Armagh, pleaded guilty to assaulting John Roche, causing him harm, and falsely imprisoning Martin Byrne at Rathcoole and Saggart on June 9, 2015. The court was asked to take two further counts of false imprisonment concerning Byrne's wife and son into consideration. Mr Justice Tony Hunt, presiding with Judges Patricia Ryan and Ann Ryan, stated that despite a "thought-provoking" plea in mitigation, a non-custodial sentence was an "unlikely outcome". O'Hare told gardai he was employed by Jim Mansfield Junior to evict Byrne and his family. He has four previous convictions, including a 40-year sentence in 1988 for false imprisonment and assault causing grievous bodily harm, from which he was released in 2008. In a related matter, former Republican paramilitary Declan "Whacker" Duffy was sentenced to six years imprisonment last year after pleading guilty to the same assault on Roche and false imprisonment of Byrne. Three other men have also been jailed for the attack.
2019-02-22 · Dublin
The Court of Appeal has reserved its judgment in an appeal by the Director of Public Prosecutions (DPP) regarding the sentence of Donal O'Hara. O'Hara, 26, pleaded guilty at the Special Criminal Court to assaulting John Roche and falsely imprisoning Martin Byrne at The Towers, Saggart, on June 9, 2015. He was sentenced to four years imprisonment, with the final two years suspended. The DPP argues this sentence is "unduly lenient," with counsel Shane Costelloe SC describing the incident as a "gang of thugs accosting" the victim and characterizing O'Hara as "muscle." Defense counsel Michael O'Higgins SC argued that O'Hara's prompt guilty plea warranted elevated status and distinguished his role from other participants. Those included Dessie O'Hare, who pleaded guilty to the same offences and is awaiting sentence; Declan Duffy, who pleaded guilty and was sentenced to six years imprisonment; and Daniel Kane, who pleaded guilty and received five years imprisonment with the final year suspended. The court, presided over by Mr Justice George Birmingham, heard that Duffy's sentence was "capped" at six years. The matter remains adjourned pending the court's decision on whether to increase O'Hara's term.
2019-01-14 · Dublin
Former INLA member Dessie O'Hare, known as 'The Border Fox', has pleaded guilty at the non-jury Special Criminal Court to charges of assault and false imprisonment in Dublin. O'Hare, 62, of Slate Rock Road, Newtownhamilton, County Armagh, admitted to assaulting John Roche, causing him harm, at The Towers, Garter Lane, Saggart, County Dublin on June 9th, 2015. He also pleaded guilty to falsely imprisoning Martin Byrne at Rathcoole and Saggart on the same date. The charges were admitted by O'Hare, who responded 'guilty' to both counts when asked by the registrar. Sean Guerin SC, defending, stated that a trial would not be required and that O'Hare could be arraigned on two of the counts. The defence indicated a desire to take two other counts into consideration at the appropriate time. The defence also mentioned that O'Hare has engaged with 'professionals' and requested up-to-date professional assistance for the sentence hearing. Mr Justice Tony Hunt, presiding, sitting with Judge Patricia Ryan and Judge Ann Ryan, remanded the defendant on continuing bail with the same terms and conditions until April 3, when he will be sentenced.
2018-06-08 · Dublin
Dessie O'Hare, 61, of Slate Rock Road, Newtownhamilton, County Armagh, was charged with assault, false imprisonment and threatening to kill. The assault charge involves John Roche, whom O'Hare allegedly assaulted at The Towers, Garter Lane, Saggart, County Dublin, causing him harm and committing violent disorder. The false imprisonment charges involve Martin Byrne at Rathcoole and Saggart, and Lisa Byrne and Brandon Byrne at The Towers. O'Hare also faces a charge of threatening to kill Martin Byrne or cause him serious harm. All alleged offences date from 9 June 2015. O'Hare had been granted bail and a trial date of 29 April next year. On 8 June 2018 the Special Criminal Court varied his bail to allow him to travel to Lourdes with his wife from 6 to 12 July, provided he supplies travel documents and continues to sign in at a Garda station twice a week and obey a curfew from midnight to 5 a.m.
2018-05-01 · Dublin
Dessie O'Hare, 61, of Newtownhamilton, County Armagh, appeared at the Special Criminal Court where his trial was scheduled for April 29 next year. He is accused of assaulting John Roche, causing him harm, and committing violent disorder by threatening to use unlawful violence at The Towers, Garter Lane, Saggart, County Dublin. O'Hare also faces three charges of false imprisonment involving Martin Byrne, Lisa Byrne, and Brandon Byrne, as well as a charge of threatening to kill Martin Byrne or cause him serious harm. All alleged offences date from June 9, 2015. Justice Robert Eagar, sitting with Judges Patricia Ryan and James Faughnan, set the trial date. O'Hare is currently on bail. His co-accused, Donal O'Hara, 26, of Coolock, Dublin, pleaded guilty to assaulting John Roche, causing him harm, at the same address on the same date. O'Hara will be sentenced on May 30 next at the Special Criminal Court. The matter regarding O'Hare was adjourned for trial, while O'Hara's case was adjourned for sentencing.
2018-03-13 · Dublin
Dessie O'Hare, aged 61 and resident of Slate Rock Road, Newtownhamilton, County Armagh, will be tried at the Special Criminal Court on 22 March 2018. He faces charges of assaulting John Roche, causing him harm, and committing violent disorder at The Towers, Garter Lane, Saggart, County Dublin, as well as threatening to use unlawful violence. O'Hare is also charged with three counts of false imprisonment involving Martin Byrne, Lisa Byrne and Brandon Byrne, and with threatening to kill or seriously harm Martin Byrne. All alleged offences date from 9 June 2015. He is currently on bail.
2016-05-09 · Armagh
A man from Armagh has been sentenced to nine years imprisonment at the Central Criminal Court following his conviction for sexually abusing his partner's daughter over a three-year period while the family lived in Monaghan. Darren Davidson, aged 37, was convicted in March 2016 of eleven counts including sexual assault with an object, sexual assault, and defilement. The offences occurred between 2008 and 2010 when the victim was aged thirteen to sixteen. Following interview with gardaí, Davidson emigrated to Australia but was subsequently arrested at Manchester Airport and extradited to Ireland. Mr Justice Robert Eagar imposed a ten-year sentence with the final year suspended, noting the victim displayed symptoms consistent with abuse by a trusted figure. He reduced the sentence from twelve years in light of Davidson's employment history and medical condition. The court ordered Davidson's registration as a sex offender. The adult victim, who waived anonymity, told the court she initiated the complaint to protect her siblings from further abuse.