Court archive

Court reports mentioning Cavan

2023-06-23 · Cavan

Court makes orders preventing Gemma O'Doherty from harassing mum of teen who died by suicide

The High Court has granted orders preventing Gemma O'Doherty from harassing Edel Campbell, the mother of Diego Gilsenan, a teenager who died by suicide. The orders were issued by Mr Justice Conor Dignam following a hearing on Friday evening. Edel Campbell alleges that Ms O'Doherty has engaged in a campaign of harassment, including the unauthorized use of images of her late son in an article linking unexplained deaths to the Covid-19 vaccination. The court has ordered Ms O'Doherty to refrain from harassing Ms Campbell, publishing images of her or her late son, or sharing personal and confidential information about them. She is also prohibited from encouraging others to intimidate the plaintiff. The court has required Ms O'Doherty to remove any images of Ms Campbell or her son from her media. These orders will remain in place pending the final outcome of the ongoing legal action. Ms O'Doherty was not present in court, and no representations were made on her behalf. In emails to the plaintiff's lawyers, Ms O'Doherty denied the allegations and stated she was on holiday and had received insufficient notice of the hearing. The case, which involves complex legal issues including freedom of speech, will return to court at a later date. The action was launched by Ms Campbell, represented by David Kennedy SC and Paul Comiskey O'Keeffe BL, with Ciaran Mulholland as the solicitor.

2023-06-20 · Cavan

Mum of teen who died tragically claims alleged harassment 'exponentially worse' since case taken against Gemma O'Doherty

Edel Campbell from Kingscourt, County Cavan, brought proceedings before the High Court alleging that she has experienced intensified online harassment and intimidation following her legal action against Gemma O'Doherty. Ms Campbell claims that Ms O'Doherty, described as a journalist and publisher of The Irish Light newspaper and associated website, has defamed her and directed abuse at her legal representatives. The dispute centres on Ms O'Doherty's alleged use of images of Ms Campbell's late son, Diego Gilsenan, who died in August 2021, in articles Ms Campbell contends contained false claims. Ms Campbell sought injunctions restraining Ms O'Doherty from publishing material about her or her son, and from harassment. Justice Brian O'Moore granted permission on an ex-parte basis to serve short notice of the proceedings. Ms Campbell has also filed a complaint with An Garda Síochána. The matter was adjourned for return to the High Court later that month.

2023-06-09 · Cavan

Jail sentence for man who defiled girl (12) is upheld

A man's appeal against his four-year jail sentence for the sexual abuse of a child in County Cavan has been dismissed by the Court of Appeal. The appellant, now 23, pleaded guilty at Cavan Circuit Criminal Court in June 2021 to defilement of a person under 15 years of age following an incident in 2017 when he was 17. The trial judge imposed a sentence of five and a half years in January 2022, suspending the final 18 months. The appellant's counsel argued the sentence was excessive, contending that the age difference between the accused and the victim was not inherently aggravating and that the duration of the assault was brief. The Court of Appeal found the trial judge had properly identified aggravating factors including coercion, persistence, and a significant age disparity. Ms Justice Isobel Kennedy noted the victim had repeatedly refused consent and dismissed the appeal, stating the headline sentence of seven years fell within the judge's discretion.

2023-05-23 · Dublin

Stardust inquest may run until end of year, with over 300 witnesses expected

The inquest into the Stardust fire of February 1981, in which 48 young people died, entered a new phase at Dublin Coroner's Court on 23 May 2023. Coroner Dr Myra Cullinane addressed the jury, noting that the tragedy had left an indelible mark on Artane and surrounding communities, where most of the deceased originated. Some victims were from Cavan, Derry and Belfast. Dr Cullinane outlined that the proceedings are expected to continue until the end of the year, with over 300 witnesses and witness statements to be heard. Witness evidence will commence on 7 June, beginning with undisputed background facts regarding the Stardust building, its structure, exits and safety systems. The coroner explained that the jury must determine four matters for each deceased: identity, time, location and manner of death. These fresh inquests were ordered in 2019 following an application by representatives of 42 bereaved families, with the Attorney General finding an insufficiency of inquiry into the circumstances surrounding the deaths.

2023-05-16 · Louth

Tattoo allegedly glorifying Lordship robbery 'an extraordinary act of hubris', prosecution tell trial

The Special Criminal Court heard closing submissions yesterday in the trial of two men accused of involvement in the fatal robbery at Lordship Credit Union in County Louth in January 2013. Prosecution counsel told the three-judge court that a tattoo allegedly obtained by one of the accused in 2018 constituted an "extraordinary act of hubris". The tattoo, which counsel submitted contains images strikingly coincidental to elements of the Lordship robbery, features a BMW car, armed figures, and a person wearing a balaclava. Brendan Treanor, aged 34, formerly of Dundalk, and James Flynn, aged 32, of South Armagh, have pleaded not guilty to charges relating to the robbery and to conspiracy to commit residential burglaries between September 2012 and January 2013. Prosecution counsel presented evidence linking phone records and movements of the accused to burglaries in Cavan, Monaghan, and Westmeath prior to the robbery. Defence closing speeches are scheduled to follow.

2023-05-15 · Cavan

Ryanair fails in bid to overturn €94k damages award

The Court of Appeal has upheld a €94,000 damages award made to a cabin supervisor from Cavan who sustained injuries during a workplace accident aboard a Ryanair aircraft. Fiona Nangle, aged 41 from Latt Hills, successfully sued the airline following a fall on 11 February 2018 aboard a Dublin-Warsaw flight. The High Court had previously awarded her €70,000 in general damages and €24,000 in special damages after finding she slipped on de-icing fluid tracked into the cabin by passengers. Ryanair appealed, claiming the trial judge had prejudiced its defence through excessive questioning and that the damages quantum was excessive. The three-judge appellate panel rejected all grounds of appeal, finding the trial judge had conducted proceedings fairly and appropriately. The court noted that in civil trials before a judge sitting alone, active judicial questioning is both permissible and often preferable. Ms Nangle was awarded her legal costs of the appeal.

2023-03-16 · Cavan

Lunney abductor Harte claims conviction and 30-year sentence should be set aside

The High Court has reserved its decision on a constitutional challenge brought by Alan Harte, who seeks to overturn his conviction and 30-year sentence imposed by the Special Criminal Court in 2021. Harte was sentenced for the serious harm and false imprisonment of Quinn Industrial Holdings director Kevin Lunney at a yard in Drumbrade, Ballinagh, County Cavan in September 2019. His legal team contests the constitutionality of Section 40 of the Offences Against the State Act 1939, which prevents disclosure of whether a Special Criminal Court conviction was unanimous or by majority decision. Counsel argued that the non-jury court's 2-1 majority threshold is inequitable compared to jury trials requiring ten-to-two verdicts and creates discrimination between accused persons tried in different court systems. The State respondents opposed the application, maintaining the legislation is constitutional. Justice Marguerite Bolger heard submissions on Thursday and will deliver judgment at a later date.

2023-03-15 · Dublin

Bus driver avoids jail for careless driving causing death of cyclist

A man has received a fully suspended one-year sentence at Dublin Circuit Criminal Court for careless driving causing the death of a cyclist. Mariusz Karpinski, aged 32 and from Ashbourne in County Meath, pleaded guilty to careless driving causing the death of a cyclist on a local access road near Kilshane Cross in north County Dublin on 4 May 2021. Judge Martin Nolan imposed the suspended sentence, finding the case tragic but noting that Karpinski had been driving into strong sunlight that obscured his vision. The judge stated that while Karpinski was driving reasonably carefully, he failed to take appropriate steps to address the weather conditions. Evidence indicated the cyclist had been visible for approximately two seconds before impact. Karpinski, who has since relocated to Cavan and works in factory employment, was not disqualified from driving. The deceased's mother submitted a victim impact statement and was noted by the judge as displaying forgiveness toward the accused.

2023-03-03 · Monaghan

Planning Board concedes as permission for agri-food plant is quashed

An Bord Pleanála has conceded a High Court challenge to its decision permitting Abbott Ireland to extend its manufacturing facility near Dromore, Co Monaghan. The board's approval, which allowed the company to add approximately 2,661 square metres of laboratory, office, car park and warehouse space, has been quashed. John Morehart, owner of Bellamont Castle and surrounding lands near Cootehill, Co Cavan, sought judicial review on environmental grounds. He contended the board failed to properly assess the development under EU Environmental Impact Assessment requirements, noting the facility processes over 100 tonnes of raw material daily. Mr Morehart also claimed the board breached EU Habitats Directive obligations. Monaghan County Council had initially granted permission, which was appealed by both Mr Morehart and An Taisce. The High Court granted a formal order quashing the board's decision after it conceded the proceedings this week before Mr Justice Charles Meenan.

2023-02-28 · Cavan

All-Ireland winner fails in bid to overturn ATM theft gang conviction

The Court of Appeal has dismissed the appeal of Daniel O'Callaghan, a former All-Ireland winner, who was convicted at the Special Criminal Court for his role in a cross-border gang involved in ATM thefts. O'Callaghan, who pleaded not guilty to 16 offences including attempted theft and possession of stolen cash, was sentenced to ten years' imprisonment in March. His legal team argued that the identification of O'Callaghan by an NSU garda was flawed due to distance and time constraints. However, Mr Justice Birmingham, presiding, rejected this, stating the officer was a reliable witness with a clear view and that DNA evidence supported the identification. The court affirmed the Special Criminal Court's conviction, noting the strength of the evidence. O'Callaghan's co-accused, who pleaded guilty, were also sentenced. Stephen Duffy received four years for possessing stolen cash. Gerard Duffy and Ciaran Duffy were each jailed for seven years and nine months for attempted ATM theft and criminal organisation offences. Niall Finnegan was sentenced to four-and-a-half years, with the final 18 months suspended, for possessing proceeds from the thefts. The appeal was dismissed, upholding the original convictions and sentences.

2023-02-24 · Roscommon

Publican who cancelled booking under 'known Traveller surname' must pay compensation

A publican in Arigna, County Roscommon, has been ordered to pay €3,000 compensation to Bernard Ward following a determination by the Workplace Relations Commission that he unlawfully cancelled a memorial party booking on grounds of the complainant's membership of the Travelling Community. Mr Ward initially contacted the proprietor of the Miner's Bar with his surname misspelled due to autocorrect, receiving provisional acceptance. After clarifying his correct surname, Ward, in a subsequent text, the booking was cancelled, with the publican citing concerns about Covid-19 public health restrictions. The bar owner denied discrimination, asserting he was unaware of the surname's connection to the Travelling Community and that uncertainties regarding vaccination certificates prompted the cancellation. Adjudicating officer Emer O'Shea found no material change in regulations or government announcements between acceptance and cancellation, and determined the only substantive difference was disclosure of Mr Ward's surname. She upheld the complaint under the Equal Status Act 2000, finding the publican had failed to convincingly rebut an inference of discrimination.

2023-02-20 · Westmeath

Landmark case sees jail sentences increased for forced prostitution after 'voodoo ceremony'

The Court of Appeal has increased jail sentences for two women convicted in Ireland's first human trafficking case involving alleged voodoo ceremonies. Alicia Edosa and Edith Enoghaghase, originally sentenced in September 2021 following a June 2021 trial at Mullingar Circuit Criminal Court, were found guilty of trafficking women between 2016 and 2018. Evidence indicated victims underwent ceremonies in Nigeria before being coerced into prostitution across multiple locations including Castlebar, Letterkenny and Cavan. Mr Justice George Birmingham rejected their conviction appeals and found original sentences substantially inadequate. Edosa, formerly of Mullingar, has been re-sentenced to seven-and-a-half years imprisonment. Enoghaghase, also formerly of Mullingar, received seven years and one month. The judge noted the sentencing judge faced unprecedented circumstances with no comparative guidelines for this offence type. Alicia Edosa pleaded not guilty. Edith Enoghaghase pleaded not guilty.

2023-02-20 · Cavan

Man jailed for rape of woman over 16 years ago

Paul Clarke, 40, of Muff, Kingscourt, Cavan, was sentenced at the Central Criminal Court for the rape of a woman in 2007. Clarke had denied the charge, claiming the victim fabricated the allegation to access his inheritance, but was convicted by a jury following a second trial after the first resulted in a hung jury. Ms Justice Karen O'Connor imposed a headline sentence of seven and a half years, which she reduced to six years, taking into account mitigating factors including Clarke's personal circumstances and a psychologist's report detailing memory issues from a 2002 car accident. The judge backdated the sentence to Clarke's initial custody in December and applied 18 months of post-release supervision. During the hearing, the judge acknowledged the victim's dignity and noted her horror that a member of Clarke's legal team had followed her on social media. The judge described Clarke's claim that the victim sought money as "unpleasant, hurtful and ugly." The court heard that the victim, then 22, was asleep in a friend's house when she was raped. She reported the incident in 2017 after years of anxiety and depression. The judge emphasized that the victim should have felt safe in her friend's home but was instead violated. The matter was concluded with the imposition of the six-year custodial sentence and supervision conditions.

2023-02-14 · Cavan

Two charged before Special Criminal Court with assisting the IRA

Two men from County Cavan appeared before the Special Criminal Court on 14 February 2023 following their arrest by members of the Special Detective Unit. Desmond Smith, aged 63, of Kilnavara Crescent, Cavan, and Stephen Hamill, aged 50, of Willow Ridge, Gortnakesh, Cavan, have each been charged with knowingly rendering assistance to an unlawful organisation styling itself the Irish Republican Army, contrary to the Offences against the State Act 1939. Mr Smith faces a single charge relating to the period between 13 and 19 March 2021. Mr Hamill is charged with offences on 16 February and 13 March 2021. Both men were remanded in custody with consent to bail pending their next appearance on 13 March 2023. Books of evidence were served. Their legal representative indicated an application for legal aid would be made at the next sitting.

2023-02-09 · Louth

Court hears of 'terrifying' robbery during which detective was shot dead

The Special Criminal Court has heard testimony concerning a credit union robbery in County Louth in January 2013 during which Detective Garda Adrian Donohoe was fatally shot. Staff from Lordship Credit Union and Cooley Credit Union in Bellurgan described a coordinated assault as they prepared to transport takings to a bank in Dundalk under Garda escort. The secretary at Lordship reported that three men blocked the exit and forced entry to his vehicle, stealing approximately €7,000 in cash and cheques before gunshots rang out. A colleague from Cooley Credit Union, who remained in her car during the incident, witnessed the attack and subsequently discovered the detective wounded nearby. Brendan Treanor and James Flynn face charges of robbery and conspiracy to commit creeper-style burglaries across four counties between September 2012 and January 2013. Both have pleaded not guilty. Aaron Brady, convicted of Detective Donohoe's murder and serving life with a forty-year minimum, is named as a co-conspirator. The trial continues before Mr Justice Tony Hunt and two other judges.

2023-02-08 · Louth

Lordship trial hears further evidence of 'creeper' burglaries

The Special Criminal Court heard evidence from victims of "creeper" burglaries in the ongoing trial of two men accused of conspiring to commit such break-ins across the border region. Brendan Treanor and James Flynn, both charged with conspiracy to steal car keys from residential properties between September 2012 and January 2013, have pleaded not guilty. They face additional charges relating to a seven-thousand-euro robbery at Lordship Credit Union in Co Louth on 25 January 2013. Detective Garda Neil Brady outlined gardaí investigations into overnight burglaries in Cavan, Monaghan, Louth and Westmeath where door locks were forced to access vehicles. Five witnesses gave accounts of thefts from their homes, including a vehicle stolen from Virginia, Co Cavan in October 2012 whose engine was later recovered on the M1 motorway. Other victims described vehicles taken from properties in Westmeath following forced entry during January 2013. The trial continues before Mr Justice Tony Hunt.

2023-02-07 · Louth

Lordship robbery trial to run in tandem with burglary charges, court rules

The Special Criminal Court has ruled that burglary and robbery charges against two men will be heard together, rejecting an application to separate the trials. Brendan Treanor, aged 34, formerly of Dundalk, County Louth, and James Flynn, aged 32, from South Armagh, face conspiracy charges relating to house burglaries between September 2012 and January 2013, and robbery charges stemming from a credit union incident in Bellurgan, County Louth on 25 January 2013. Both have pleaded not guilty. Mr Justice Tony Hunt, presiding over the three-judge court, exercised his discretion to combine the trials while confirming each charge will be considered separately. The court heard evidence from Virginia and Monaghan residents describing break-ins and car thefts during the relevant period. Detective Garda Laura Bolger provided maps charting distances between alleged theft locations and properties connected to the accused. Aaron Brady, previously convicted of murder and burglary in the same matter, is serving a life sentence with a forty-year minimum and is appealing his conviction.

2023-02-01 · Louth

Lordship accused alleged to have committed series of 'creeper burglaries'

Two men have been charged with conspiracy to commit a series of burglaries known as "creeper burglaries" across Ireland between September 2012 and January 2013. The Special Criminal Court heard that the offences involved late-night break-ins at residential properties, where car keys were stolen and vehicles removed. A Volkswagen Passat taken during a creeper burglary in Clogherhead, County Louth in January 2013 was subsequently used in a robbery at Lordship Credit Union in Bellurgan on 25 January 2013, during which Detective Garda Adrian Donohoe was shot dead. Brendan Treanor, 34, formerly of Dundalk, and James Flynn, 32, from South Armagh are charged with conspiracy and with the credit union robbery. The prosecution indicated it would rely on circumstantial evidence including phone records, cell-site data, and CCTV footage. Aaron Brady, previously convicted of murdering Detective Garda Donohoe, is serving a 40-year sentence. The trial continues before Mr Justice Tony Hunt and two other judges.

2022-12-19 · Dublin

'Cornucopia of evidence' against 'tiger kidnapper' Paschal Kelly, appeal told

A man from County Cavan is appealing his conviction for a post office robbery in Dublin during which three women were tied up and abducted. Paschal Kelly, aged 56, was convicted in 2018 of robbery, false imprisonment, threatening to kill, and other offences relating to a €92,000 theft from Bayside Post Office in Sutton in September 2014. He was sentenced to 18 years. The Court of Appeal heard arguments on the strength of evidence against him. The State's counsel cited DNA evidence recovered from discarded clothing found at the scene and a bottle in the getaway vehicle, alongside CCTV footage and garda identifications of the driver. The defence challenged the quality of CCTV footage, arguing the jury should have been instructed not to make visual identifications themselves and questioned the reliability of mixed DNA profiles as evidence of guilt. The Court of Appeal reserved judgement.

2022-12-09 · Cavan

Serial arsonist who killed uncle has jail term increased

A serial arsonist whose fire claimed his uncle's life has had his prison sentence increased by the Court of Appeal. Daniel Murray, aged 40, of no fixed abode but residing in County Cavan, was originally sentenced to seven-and-a-half years at the Central Criminal Court in January 2022 after pleading guilty to the manslaughter of Patrick Oliver Murray at Derrylurgan, Ballyjamesduff, on 2 August 2018. The State successfully argued the sentence was unduly lenient. Mr Justice Patrick McCarthy determined that Murray's culpability was very significant and re-sentenced him to nine-and-a-half years in custody. The court noted Murray's previous arson convictions and the vulnerability of his intoxicated uncle, who was asleep when the fire began. While acknowledging Murray's guilty plea and demonstrated remorse in custody, the judge emphasised the retributive and condemning nature of the offence, which resulted in loss of life.

2022-11-15 · Monaghan

Family of UDR man murdered by IRA granted access to court file

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.

2022-11-11 · Cavan

Member of notorious cross-border ATM theft gang fails in appeal

A member of a cross-border organised crime gang has failed in his appeal against a custodial sentence imposed for attempted ATM theft. Gerard Duffy, 32, of County Monaghan, was convicted at the Special Criminal Court in 2021 following a guilty plea to attempting to steal an ATM from the Riverfront Bar Restaurant in Virginia, County Cavan, in August 2019. He received eight years and nine months' imprisonment with the final year suspended. His legal team argued the headline sentence of eleven years was excessive and that a greater reduction for his guilty plea was warranted, given he had no serious prior convictions. The Court of Appeal dismissed the challenge, with Mr Justice George Birmingham finding the original sentence appropriate and the trial court had correctly assessed the offending as being in the lower range of the highest tier of criminality. The gang stole an estimated €790,000 from multiple ATM locations across Cavan, Meath and Monaghan between 2018 and 2019 using stolen plant machinery and vehicles.

2022-11-04 · Meath

Man jailed for perverting investigation into dissident murder says he was unlawfully detained

A man convicted of perverting the course of justice in connection with a 2013 dissident Republican murder has appealed his conviction at the Court of Appeal. Raymond Kennedy was sentenced to eighteen months imprisonment in May 2022 after the Special Criminal Court found him guilty of destroying a mobile phone SIM card on the day Peter Butterly was shot dead at Gormanston, County Meath. Kennedy's legal team argued he was unlawfully detained when gardaí instructed him to remain at the scene and that he should have been cautioned before making admissions about the device. The Director of Public Prosecutions' counsel contended Kennedy approached gardaí voluntarily and was afforded procedural fairness, including the option of a formal interview at a station. Justice John Edwards reserved judgment on the appeal. Four men have previously received life sentences for Mr Butterly's murder. Raymond Kennedy pleaded not guilty.

2022-11-01 · Dublin

Man falsely registered himself as father to six in Irish passport scam

Alan Yip, 47, of Parnell Street, Dublin, was sentenced to three years in prison after pleading guilty to six counts of providing registrars with false or misleading birth information between August 2012 and July 2015. Judge Martin Nolan stated Yip deserved a custodial sentence for his role in a scheme that facilitated Irish passports for children. Five co-accused parents—Ning Zhang, Wei Qin Xie, Jie Chen, Honghui Dong, and Peng Lin—each pleaded guilty to one charge of providing false birth particulars regarding their own children. Although the judge initially considered harsh sentences for deterrence, he ultimately decided against imprisonment, citing their desperation and mitigation. Each of these five defendants received a two-year term suspended in full. The court noted that Yip, a British citizen, falsely registered himself as the father of six children to allow their mothers to secure Irish citizenship and leave to remain. Defence counsel argued that custody would be overly severe for the parents, who had no permanent status. The judge acknowledged the parents' difficult circumstances but emphasized they had breached the law. The matter was finalized with Yip jailed and the others receiving suspended sentences.

2022-10-17 · Dublin

Man jailed for having 117 stolen bicycles

A man from Cavan has been sentenced to two years in prison at Dublin Circuit Criminal Court for possessing 117 stolen bicycles valued at approximately €50,000. Dinas Bimbiras, aged 47, of Maple Drive, Drumgola Wood, Cavan, pleaded guilty to possession of 116 bicycles found in a container at an allotment in south County Dublin in December 2019, and one bicycle discovered at his home in May 2020. Bimbiras claimed he had purchased the bicycles at Dublin markets to establish a business repairing and reselling them. Gardaí recovered 34 bicycles and returned them to owners following a media campaign; the remaining bicycles were sold at auction. Judge Martin Nolan described the defendant's recklessness in acquiring the bicycles as demonstrating "almost wilful blindness" and noted that handlers of stolen property must be deterred. Despite acknowledging Bimbiras's cooperation, work history, and family circumstances, the judge imposed the custodial sentence.

2022-10-13 · Dublin

Notorious tiger kidnapper appeals conviction for abducting three women

Paschal Kelly, a convicted criminal with 60 previous convictions, opened an appeal at the Court of Appeal against his 2018 conviction and 18-year sentence for a 2014 post office robbery in Sutton, Dublin. Kelly was convicted of trespass, false imprisonment, robbery, threatening to kill, and possession of a stolen vehicle. The charges relate to the abduction of postmistress Susan Lawlor, her daughter Emma Carter, and student Gabriella Saisa, who were bound and held overnight before being taken to the Bayside Post Office. Kelly denied all charges. His counsel, Martin O'Rourke KC, submitted ten grounds challenging the conviction and four against the sentence, arguing the trial judge erred in admitting CCTV identification evidence. O'Rourke contended the footage did not positively identify Kelly and that Garda witnesses failed to provide a specific description of the driver during initial interviews. The appeal, heard by Mr Justice John Edwards, Mr Justice Patrick McCarthy, and Ms Justice Isobel Kennedy, was adjourned to December 19. On that date, State counsel Roisin Lacey SC is scheduled to reply to the appellant's submissions. The matter remains pending and has not been concluded.

2022-07-27 · Cavan

Divorced couple avoid jail for part in €180k invoice fraud

A divorced couple received fully suspended sentences at Dublin Circuit Criminal Court for money laundering nearly €180,000 stolen through an invoice redirect fraud targeting an education board. Zanab Ibrahim, aged 51, of Wolfe Tone Street in Cavan, and her ex-husband Francis Falaye, aged 54, of Lobinstown Apartment in Navan, Co Meath, pleaded guilty to the offence. The Laois and Offaly Education and Training Board was defrauded when an email purporting to come from a construction company redirected payment for school works in Tullamore to accounts controlled by the defendants. Ibrahim received €178,695 into her fashion boutique account, from which €50,000 was transferred to Falaye four days later. The fraud emerged when the genuine contractor advised non-receipt of payment. Judge Elma Sheahan imposed a suspended two-and-a-half-year sentence on each defendant, conditional on keeping the peace. Falaye was ordered to pay €1,000 to the Peter McVerry Trust. Gardaí recovered all but €1,000 of the stolen funds.

2022-06-22 · Longford

Farmer accused of stealing waste flour was unfairly dismissed, WRC rules

A farmer from County Cavan has been awarded €13,400 by the Workplace Relations Commission following a finding of unfair dismissal. Padraig Cunningham was dismissed from Pat the Baker Unlimited, based in Granard, County Longford, in May 2020 after being accused of stealing waste flour from the facility. Mr Cunningham maintained he had removed the material, which included flour and waste dough, to prevent it entering the animal feed chain and had composted it on his own land. The company contended the waste could be sold for processing and that Mr Cunningham lacked authorisation to remove it. An appeal of his dismissal was subsequently upheld by management. However, adjudicating officer Marguerite Buckley determined the disciplinary process failed to comply with fair procedures and natural justice principles. She noted the practice was widely known within the organisation, no written warning had been issued, and Mr Cunningham's 24 years of service merited consideration. The commission concluded dismissal fell outside the range of reasonable responses available to the employer.

2022-05-20 · Cavan

Sean Quinn allegedly "trespassing" on lands owned by his former companies, court hears

At the High Court on Friday, Mannok Cement Limited and Mannok Build Ltd sought an injunction to prevent Sean Quinn from trespassing on lands in Co Cavan, including Swanlinbar Quarry. The companies allege that Mr Quinn has repeatedly entered their properties without entitlement since late 2019, most recently on 8 May while driving a vehicle. They contend his presence poses health and safety risks given active industrial operations on site. Mr Quinn did not attend the hearing due to short notice but submitted a letter to the court. He offered an undertaking not to visit Mannok-owned properties provided he retained access to a roadway linking Swanlinbar Quarry to a cement factory, which he states he constructed two decades ago and requires for business interests and windfarm development discussions. Mr Justice Alexander Owens adjourned the application to the following week. The companies dispute Mr Quinn has any legitimate claim to road access or legal interest in the lands.

2022-05-18 · Cavan

Mannok companies take action against Sean Quinn alleging trespass

Two Mannok companies have initiated High Court proceedings against Sean Quinn, alleging trespass on Swanlinbar Quarry in County Cavan. Mannok Cement Limited and Mannok Build Ltd seek an injunction to restrain Mr Quinn from entering the site, which they claim he has accessed without entitlement on several occasions since late 2019. The firms allege the most recent alleged trespass occurred on 8 May when Mr Quinn was reportedly seen driving on the lands. The companies argue that as active industrial sites with operating heavy machinery, Mr Quinn's presence creates significant health and safety risks and that only authorised personnel may be present. The firms state they are uncertain of Mr Quinn's purpose but believe his actions constitute defiance towards management. The companies note that Mr Quinn previously gave an undertaking before Belfast Court in 2021 not to trespass on lands at Doon, County Fermanagh. On Wednesday, Ms Justice Siobhan Stack granted permission to serve short notice of the proceedings at Mr Quinn's address in Ballyconnell, County Cavan, on an ex-parte basis.

2022-05-09 · Monaghan

Agri-food plant extension opposed by estate owner

John Moreharte, owner of Bellamont Castle and Dromore Lake in Cootehill, Co Cavan, has brought a High Court judicial review challenging An Bord Pleanala's decision to grant planning permission to Abbott Ireland. The applicant seeks to quash the board's March 14 decision, which allowed Abbott to extend its Dromore, Co Monaghan facility by 2,661m2 to increase laboratory, office, car park, and warehouse space for infant milk products. Mr Moreharte, represented by Evan O'Donnell BL, alleges the board failed to consider its obligations under the EU Environmental Impact Assessment, arguing an EIA was required given the facility processes over 100 tonnes of raw material daily. He further claims the board acted contrary to the EU Directive on Habitats. Monaghan County Council originally granted the permission, which was appealed by both Mr Moreharte and An Taisce. Abbott Ireland and Monaghan County Council are notice parties to the proceedings. The matter was mentioned before Mr Justice Charles Meenan at the High Court on Monday, who adjourned the matter to a date later this month.

2022-05-05 · Cavan

Environmental campaigner fails in challenge to weather mast at wind farm

An environmental campaigner has failed in a High Court challenge to overturn An Bord Pleanala's decision to permit a weather mast at a wind farm in Co Cavan. Val Martin, a farmer and environmental campaigner resident near the Raragh Wind Farm at Corrinshigo, sought judicial review of the board's October 2020 approval for completion of a meteorological mast at an alternative location on the five-turbine site. Mr Martin contended that permission should not have been granted without an Environmental Impact Assessment, given the mast's relocation from its originally specified position. He also argued that two public notices should have been displayed near the proposed mast location. Mr Justice Cian Ferriter rejected these submissions, finding that substantial grounds had not been established to grant leave for judicial review. The judge held that the board and its inspector had not erred in determining that an EIA was unnecessary, stating their findings were unimpeachable in law.

2022-04-04 · Dublin

Banned driver with mental illness avoids jail after evidence he was under influence of nephew

Dubliner James Maughan (36) was given a four-year suspended sentence for endangerment, dangerous driving and driving without insurance at locations around Blanchardstown and Mulhuddart on February 27, 2020. The matter was heard at the sentence stage in court. Maughan pleaded guilty to the charges. Judge Pauline Codd noted that Maughan had already served time in custody on this matter and imposed a four-year sentence suspended in full for four years from today. The sentence is subject to two years of probation supervision. Maughan was also banned from driving for life. His defence highlighted that he suffers from paranoid schizophrenia and that his 20-year-old nephew was in the car and allegedly threatened him with a Taser during the chase. The court heard that gardai abandoned the high-speed chase due to the danger it posed. Judge Codd acknowledged Maughan's background, vulnerabilities and the support he has from his family and the probation service. The case was finalised at the sentence stage with no adjournment. Maughan has a history of road traffic offences, including 10 for dangerous driving, 23 for driving without insurance and 21 for driving without a licence. His defence also noted that his nephew was a ringleader in many of these offences and has a history of convictions dating back to his juvenile years.

2022-04-04 · Cavan

Builder has €19m in debt written off as court approves PIA

The High Court has approved a Personal Insolvency Arrangement enabling a 59-year-old building foreman from Blacklion, County Cavan, to write off approximately €19 million in debt. Mr Justice Mark Sanfey granted approval to the arrangement on Monday, following an application by the man's Personal Insolvency Practitioner. Under the terms of the PIA, creditors including Bank of Ireland, AIB, the Revenue Commissioners, Start Mortgages and Everyday Finance will receive a lump sum of €10,000 over three months. The man's principal private residence and a BMW X5 vehicle used for work will be retained, with the mortgage to be restructured. AIB initially objected to the arrangement but subsequently withdrew its opposition. The practitioner stated that approval represented a better outcome for creditors than bankruptcy proceedings and would permit the debtor to resolve his indebtedness.

2022-03-21 · Cavan

Application by Lunney abductor Harte must be on notice to DPP

The High Court has directed that an application by Alan Harte, who was convicted of kidnapping and torturing Quinn Industrial Holdings director Kevin Lunney, must be served on the Director of Public Prosecutions. Harte, aged 41, was sentenced to thirty years imprisonment by the Special Criminal Court in 2022 for the offence committed in Ballinagh, County Cavan in September 2019. His application seeks to challenge the constitutionality of Section 40 of the Offences Against the State Act 1939, which prevents disclosure of whether a Special Criminal Court verdict is unanimous or by majority decision. Harte's legal team argues this provision breaches constitutional guarantees of equality and the requirement that justice be administered in public. Mr Justice Charles Meenan indicated the application has limited merit but directed that any leave application proceed in the presence of the DPP's legal representatives. The matter has been adjourned to May.

2022-03-08 · Meath

International crime gang member fails in bid to reduce sentence

Daniel Munteanu, a 32-year-old Romanian national from Navan, Co Meath, has failed in his appeal against a custodial sentence imposed at Trim Circuit Criminal Court. Munteanu pleaded guilty to 10 charges of stealing €121,800 from 52 Bank of Ireland accounts between September 9, 2018, and March 4, 2019. He also admitted possessing 51 cloned bank cards, card-making equipment, and false identity documents. Judge Martina Baxter originally sentenced him to seven years, with the final six months suspended, after applying a discount to an 11-year headline sentence. Munteanu appealed on the grounds that the judge placed insufficient weight on mitigation, arguing he was merely a 'foot-soldier' in an international skimming gang who received a 10-15% cut of the proceeds. The Court of Appeal, presided over by Mr Justice George Birmingham, dismissed the appeal. The Court President noted that the original judge had applied a 'significant and generous' discount and that the final six-and-a-half-year term clearly fell within the available range. The court accepted the prosecution's submission that Munteanu was part of a complex criminal organisation operating across multiple jurisdictions, including Ireland, the UK, Belgium, Romania, and Italy, which justified the severity of the sentence.

2022-03-07 · Meath

Jail term too severe for international gang member who stole over €120k, lawyers argue

A 32-year-old Romanian national is appealing a six-and-a-half-year prison sentence imposed for his role in an international bank card skimming operation. Daniel Munteanu pleaded guilty at Trim Circuit Criminal Court to ten counts of theft totalling €121,800 from 52 Bank of Ireland accounts between September 2018 and March 2019. Over 300 withdrawals were made from ATMs across multiple counties including Cavan and Monaghan. Gardaí recovered cloned bank cards, a card-cloning machine, and forged identity documents from his home. At the Court of Appeal, his legal team contended the original sentence was disproportionate, characterising Munteanu as a foot-soldier in the gang who received approximately ten per cent of proceeds. The Director of Public Prosecutions countered that Munteanu was an integral member of an established international criminal network operating across multiple jurisdictions with significant resources. The court reserved judgment.

2022-03-07 · Cavan

Former All-Ireland champ gets 10 years for ATM thefts with cross-border gang

The Special Criminal Court sentenced Daniel O'Callaghan to 10 years imprisonment for his role in a cross-border gang that stole ATMs using diggers. O'Callaghan, a former All-Ireland club winner, was convicted after a trial of 16 offences, including the attempted theft of an ATM in Virginia, Co Cavan, and possessing over €700,000 in stolen cash. He had pleaded not guilty to charges under Sections 72 and 73 of the Criminal Justice Act. Ms Justice Tara Burns set a headline sentence of 11 years, suspending the final year subject to a three-year bond to keep the peace. Sentences for other offences, ranging from three and a half to eight years, run concurrently. The court noted O'Callaghan's central role as a planner and his forensic awareness, including burning vehicles and using burner phones. Three accomplices, Stephen Duffy, Gerard Duffy, and Ciaran Duffy, were jailed last week after pleading guilty. Stephen Duffy received four years for possessing stolen cash, while Gerard and Ciaran Duffy each received seven years and nine months for the attempted ATM theft and moving cash for a criminal organisation. Gardai recovered €429,930 from a premises in Tullypole, Co Meath, which is subject to Criminal Assets Bureau proceedings.

2022-03-04 · Cavan

Notorious ATM theft gang get combined jail sentences of 19.5 years

The Special Criminal Court sentenced three Monaghan brothers to a combined 19.5 years for their roles in an ATM theft gang. Gerard Duffy (31) and Ciaran Duffy (29) each pleaded guilty to offences including attempted theft of an ATM and its contents for the benefit of a criminal organisation. Ciaran Duffy additionally pleaded guilty to moving cash and possessing cash to facilitate a criminal offence. Mr Justice Hunt identified an 11-year headline sentence for both, applied a 20% discount, and suspended the final year of each term, resulting in effective sentences of eight years and nine months. Stephen Duffy (35) pleaded guilty to possessing cash in association with a criminal organisation. Rejecting his claim of limited involvement, the judge sentenced him to four years and nine months, with the final nine months suspended. All sentences were back-dated to February 1, 2022. In a related November finalisation, Niall Finnegan (39) pleaded guilty to possessing proceeds of ATM thefts and was jailed for four-and-a-half years, with the final 18 months suspended. A fifth defendant, Daniel O'Callaghan, remains to be sentenced.

2022-02-25 · Dublin

Five see jail over roles in slash-hook attack

Five men have been sentenced at Dublin Circuit Criminal Court for their roles in an affray during which a man was attacked with weapons including a slash-hook and hatchet on Hartstown Road, Dublin on 7 February 2015. The victim sustained scalp and shoulder cuts and a fractured upper arm bone. A young child was present in the vehicle during the incident. Brendan Donavan, Eddie McDonagh, James McDonagh, Michael McDonagh and James Whelan all pleaded guilty to affray. Judge Elma Sheahan noted the seriousness of the offending and the presence of a child as aggravating factors. Michael McDonagh, Eddie McDonagh and Donavan each received three-year sentences with the final six months suspended. James McDonagh received an 18-month sentence with eight months suspended, plus a consecutive 12-month term with six months suspended for a separate matter. James Whelan received an 18-month sentence with ten months suspended. All defendants must keep the peace during their suspension periods. The court heard other persons remain to face charges relating to the attack.

2022-02-21 · Cavan

Lunney abductor claims verdict at Special Criminal Court breached his rights

A man convicted at the Special Criminal Court of kidnapping and assaulting a Quinn Industrial Holdings director has launched a High Court challenge against his conviction and 30-year sentence. Alan Harte claims that Section 40 of the 1939 Offences Against the State Act breaches his constitutional rights by preventing disclosure of whether his conviction was unanimous or by majority decision. He argues this creates inequality compared to jury trials, where at least ten jurors must agree on a verdict. Harte's legal team contends the provision violates constitutional guarantees of equality and the public administration of justice. The High Court heard the application before Mr Justice Charles Meenan, who adjourned proceedings to allow further submissions on which specific constitutional rights were affected. The case concerns an incident at Drumbrade, Ballinagh, County Cavan in September 2019.

2022-02-18 · Cavan

Former GAA star guilty of ATM thefts with notorious cross-border gang

The Special Criminal Court has found Daniel O'Callaghan guilty of all 16 counts relating to ATM thefts in Cavan and Monaghan in 2019. O'Callaghan, who pleaded not guilty, was convicted of offences under Sections 72 and 73 of the Criminal Justice Act, including the attempted theft of an ATM in Virginia and the theft of an ATM in Castleblayney. He was also found guilty of possessing €125,930 and €298,000 in cash at Tullypole, Co Meath, intending to facilitate a criminal organisation. Ms Justice Tara Burns stated that circumstantial evidence led to the inevitable conclusion that O'Callaghan was intimately involved in the gang's joint enterprise. He has been remanded in custody for a sentencing hearing scheduled for March 4. In related proceedings, Gerard Duffy and Ciaran Duffy pleaded guilty to various offences, including participating in the movement of cash and attempting to steal an ATM. Stephen Duffy also admitted to possessing cash in association with a criminal organisation. The three brothers are scheduled to be sentenced on March 4. Additionally, Niall Finnegan, who pleaded guilty to possessing €103,000 in proceeds from the thefts, was previously jailed for four-and-a-half years, with the final 18 months suspended.

2022-02-01 · Cavan

Emotional scenes as members of notorious ATM gang remanded in custody

The Special Criminal Court adjourned the sentencing of three brothers, Gerard, Ciaran, and Stephen Duffy, to March 4, remanding them in custody. The defendants, part of a cross-Border gang alleged to have stolen nearly €800,000 from ATMs in Cavan, Meath, and Monaghan between 2018 and 2019, appeared before a three-judge panel. Gerard Duffy pleaded guilty to the attempted theft of an ATM at the Riverfront Bar & Restaurant in Virginia, Co Cavan, in August 2019, contrary to Section 73 of the Criminal Justice Act 2006. Ciaran Duffy pleaded guilty to three offences, including participating in criminal activities in a Toyota Avensis at Tullypole, Moynalty, attempting to steal the Virginia ATM, and possessing cash to facilitate a criminal offence. Stephen Duffy pleaded guilty to possessing cash at The Yard, Tullypole, in association with a criminal organisation. Prosecution evidence detailed the gang's use of stolen diggers and vehicles to rip ATMs from walls, culminating in a failed attempt in Virginia where gardaí rammed a stolen vehicle. Cash totaling over €103,000 was recovered from a vehicle and a lawnmower. Defence counsel highlighted the defendants' remorse, employment histories, and character references. In a related matter, Niall Finnegan was previously sentenced to four-and-a-half years, with the final 18 months suspended, for possessing or handling €103,000 linked to the gang's activities.

2022-01-27 · Cavan

Former GAA star will seek to have ATM theft charges thrown out, trial told

A 31-year-old man from County Armagh has pleaded not guilty to charges relating to a series of ATM thefts across the Border region. The accused faced the Special Criminal Court on allegations of involvement in the attempted theft of an ATM at the Riverfront Hotel in Virginia, County Cavan, in August 2019, and the theft and criminal damage of an ATM in Castleblayney, County Monaghan, in April 2019. Both alleged offences are said to have been committed for the benefit of a criminal organisation. The prosecution concluded its case, presenting evidence including DNA findings and CCTV footage of thefts at multiple locations in Cavan and Monaghan. Defence counsel indicated an intention to apply for the charges to be dismissed when proceedings resume. The trial continues before three judges at the Special Criminal Court.

2022-01-26 · Cavan

ATM theft defendant found hiding in toilet, Special Criminal Court hears

The Special Criminal Court is hearing the trial of Daniel O'Callaghan, who has pleaded not guilty to all charges. He is accused of the attempted theft of an ATM at the Riverfront Hotel in Virginia, Co Cavan, on August 14, 2019, allegedly for the benefit of a criminal organisation. O'Callaghan faces multiple other allegations, including possessing a stolen Toyota Landcruiser, a stolen 14-tonne digger, and bolt-cutters with intent to steal, as well as possessing large sums of cash to facilitate serious offences. Co-accused Ciaran Duffy, who pleaded guilty to three offences connected to the same investigation, was found hiding in a hotel toilet after fleeing from gardaí. Detective Superintendent James O'Leary testified that the incident was part of an intelligence-led investigation into organised ATM thefts. The court heard that O'Callaghan is the fifth male to appear in relation to this case. The trial continues before Justice Tara Burns, sitting with Judges Sarah Berkeley and Michael Walsh.

2022-01-25 · Cavan

Serial arsonist jailed for killing uncle in revenge blaze

A man has been jailed for seven-and-a-half years for manslaughter following the death of his uncle in a house fire at Derrylurgan, Ballyjamesduff, County Cavan in August 2018. Daniel Murray (40) pleaded guilty to manslaughter and arson intending to endanger life, having initially faced a murder charge. At the Central Criminal Court, Mr Justice Paul McDermott imposed a headline sentence of twelve years, suspended eighteen months of the final term. The court heard Murray set fire to sheets with a lighter in an act of revenge against his uncle Patrick Oliver Murray, who died from smoke inhalation. The judge noted Murray's prior history of arson convictions, his indifference to his uncle's welfare following the blaze, and a pattern of setting fires to neighbouring properties. In mitigation, the court considered Murray's guilty plea, expressed remorse, and engagement with addiction services. The sentence was backdated to August 2021 when Murray entered custody.

2022-01-18 · Dublin

Ban on naming criminal who kidnapped and tortured Kevin Lunney is lifted

The High Court has lifted a naming ban on Alan Harte, allowing the media to identify him following his sentencing. Harte, 40, pleaded not guilty to charges of false imprisonment and intentionally causing serious harm to Kevin Lunney at Drumbrade, Ballinagh, Co Cavan, on September 17, 2019. On December 20, Mr Justice Tony Hunt sentenced Harte to 30 years' imprisonment for torturing and falsely imprisoning Mr Lunney. The judge described Harte as the ringleader who inflicted most of the serious injuries, including knife wounds to the face and torso, and rejected mitigation based on Harte's childhood trauma, noting he had previously used the same narrative to mitigate his sentence for helping dispose of Peter Gunn's body. Harte was previously convicted of impeding the garda investigation in the Gunn case, receiving a six-year sentence with the final three years suspended. Kastriot Boza, 48, also pleaded guilty to impeding the garda investigation in that matter. The naming ban had been in place due to Harte's pending trial for the murder of Anthony Rogers, a charge the DPP dropped after the judge ruled key CCTV identification evidence inadmissible. Harte's lawyers had argued the ban should remain to protect his right to a fair trial in other unrelated proceedings, but the court lifted the restriction.

2022-01-17 · Cavan

Serial arsonist 'more concerned about dog' than death of uncle, court hears

A man who pleaded guilty to manslaughter following the death of his uncle in a house fire at Derrylurgan, Ballyjamesduff, Co Cavan in August 2018 appeared before the Central Criminal Court. Daniel Murray (40) admitted setting fire to sheets with a lighter, causing the blaze that killed Patrick Oliver Murray through smoke inhalation. The court heard Murray had 48 previous convictions, including multiple arson offences. When informed of his uncle's death, Murray reportedly enquired about the family dog rather than expressing concern about the fatality. Murray subsequently told gardai he had intended only to frighten his uncle and sought to take revenge over past grievances, stating the fire "went the wrong way". A victim impact statement described the deceased as a quiet, good-humoured man who had cared for their elderly mother. The defence submitted Murray had acted recklessly but unintentionally, with heavy alcohol consumption contributing to his actions. Justice Paul McDermott adjourned sentencing to January 25.

2022-01-14 · Cavan

'No reason' why ban on naming Kevin Lunney attacker should remain, State tells court

The Court of Appeal heard arguments regarding the anonymity order for YZ, who was sentenced to 30 years' imprisonment for kidnapping and torturing Kevin Lunney. YZ pleaded not guilty to false imprisonment and intentionally causing serious harm. Co-accused Alan O'Brien (40) and Darren Redmond (27) were jailed for 25 and 15 years respectively. The State, represented by Sean Guerin SC, argued that the ban on naming YZ should be lifted sooner rather than later, stating there was no reason for it to remain given that his other circuit court proceedings are not expected to begin until July or later this year. The DPP opposed the extension of the anonymity order, which had been extended to January 18 by the High Court. Mr Justice George Birmingham agreed to hear the case again next Friday after requesting further submissions from both sides. The matter was adjourned.

2022-01-13 · Armagh

All-Ireland club football champ goes on trial accused of stealing ATMs for gang

A former All-Ireland club football champion has pleaded not guilty to 17 charges arising from a series of ATM thefts across the Meath and Cavan region. Daniel O'Callaghan (31), with an address in Co Armagh, denies involvement in the alleged criminal enterprise. His trial began at the Special Criminal Court, a three-judge non-jury forum. The prosecution alleges that Mr O'Callaghan was part of a gang that stole ATMs using consistent methods between December 2018 and August 2019. A planned theft at Virginia in Co Cavan was disrupted by gardaí on 14 August 2019. The prosecution claims gardaí observed Mr O'Callaghan emerge from a stolen vehicle near the Riverfront Bar and flee into a field. Charges include the attempted theft at Virginia, possession of stolen vehicles and equipment, and handling cash totalling over €400,000 recovered at a premises in Co Meath. Mr O'Callaghan also faces allegations of facilitating criminal organisation activity. The trial continues before Justice Tara Burns, Judge Sarah Berkeley, and Judge Michael Walsh.