Michael McCarville, a 53-year-old farm labourer, is set to appeal his 20-year prison sentence at the Court of Appeal. The Monaghan native, residing in Cootehill, Cavan, was charged with 187 counts of indecent assault and sexual assault involving seven children from the same family between 1982 and 1999. The alleged abuse, which reportedly began when McCarville was 15 and the victims were as young as seven, took place in farm sheds, outhouses, and fields. In December 2016, McCarville pleaded guilty to 52 sample charges of indecent and sexual assault. He was subsequently sentenced in March 2017 to 20 years in prison. The seven victims, who agreed to McCarville being named in the media while retaining their anonymity, have not waived their right to privacy. At the Court of Appeal today, Mr Justice George Birmingham set a date of Monday, 9th November, for the hearing of McCarville's appeal against the sentence. The matter is currently at the appeal stage, with the specific procedural step being the scheduling of the appeal hearing rather than a final determination of the case.
Gareth Hamilton, aged 26, from Drumconnick, County Cavan, was sentenced to three years imprisonment at Dublin Circuit Criminal Court following his guilty plea to robbery at an Applegreen Service Station in Inchicore on 28 November 2018. Gardaí identified Hamilton after discovering his DNA and fingerprints on a juice box he consumed inside the premises during the incident. Hamilton entered the service station, requested cigarettes, then produced a box cutter and took €350 from the till before leaving with the money and cigarettes. The court heard Hamilton had previous convictions for attempted robbery, burglary, and possession of stolen property, all committed within a finite period in 2018 and 2019. He was on bail at the time of the offence. Judge Melanie Greally noted Hamilton had secured employment on his father's farm and expressed potential for rehabilitation should he address his drug dependency. The sentence is to run consecutively to a sentence already being served, ending 14 November next.
Mr Justice Paul Burns is scheduled to deliver a decision tomorrow at 10:30 am on bail applications for Luke O'Reilly (66) and Darren Redmond (25), who are charged with false imprisonment and assault causing serious harm to Quinn Industrial Holdings Director Kevin Lunney. The alleged offences occurred on September 17, 2019, at Drumbrade, Ballinagh, Co Cavan. The State opposed bail, citing risks of interference with justice and flight, while defence counsel argued there was no evidential basis for refusal. Both men were sent forward for trial to the Special Criminal Court on March 26, with proceedings potentially beginning in January 2021. Separately, Alan O'Brien (39), of East Wall, is also charged with false imprisonment and assault causing serious harm to Mr Lunney on the same occasion. A fourth accused, who cannot be named for legal reasons, faces similar charges. All four men are to be tried at the non-jury Special Criminal Court. Last week, Mr Justice Tony Hunt indicated the trial could last eight to 12 weeks and transferred the case to Court 2 for a mention on June 10. The current procedural stage involves the pending bail determination for O'Reilly and Redmond, while the broader case remains in pre-trial preparation.
Four men appeared before the Special Criminal Court charged with false imprisonment and assault causing serious harm to Kevin Lunney, a director of Quinn Industrial Holdings. Luke O'Reilly, aged 66, from Mullahoran Lower, Kilcogy, County Cavan, Darren Redmond, aged 25, from East Wall, Dublin, and Alan O'Brien, aged 39, also from East Wall, are accused of offences relating to an alleged incident at Drumbrade, Ballinagh, County Cavan on 17 September 2019. A fourth accused cannot be identified for legal reasons. Mr Justice Tony Hunt, presiding over the three-judge court, indicated the trial is likely to last between eight and twelve weeks. The case was transferred to a different courtroom and adjourned for mention on 10 June. A trial is anticipated to commence in January 2021. All four accused were remanded in custody.
Four men are to appear before the Special Criminal Court on Friday following their committal for trial over allegations relating to the assault and false imprisonment of a Quinn Industrial Holdings director in September 2019. Luke O'Reilly, aged 66, from Mullahoran Lower, Kilcogy, County Cavan, Darren Redmond, aged 25, from East Wall, Dublin, and Alan O'Brien, aged 39, also from East Wall, have been charged with false imprisonment and assault causing serious harm. The alleged incident occurred at Drumbrade, Ballinagh, County Cavan on September 17, 2019. A fourth accused cannot be identified for legal reasons. The three-judge court, presided over by Justice Tony Hunt with Judges Sinéad Ní Chúlacháin and Gerard Griffin, ordered that the accused appear before the court to receive formal notice of the charges. None of the four were present at the earlier legal formality.
A former soldier from Ballyhaise, County Cavan, has had the final year of his 15-year prison sentence suspended by the Court of Appeal. Shane Costello, aged 50, was convicted of raping and sexually assaulting three young girls over a decade, including his stepdaughter, who was aged 13 to 14 at the time of the offences in 2012. He had denied the rape charges but pleaded guilty to sexually assaulting two other children between 2001 and 2013. The Court of Appeal, presided over by Ms Justice Isobel Kennedy, found the offending grave and noted Costello had abused his position of trust as a father figure. The court re-sentenced him to 14 years and six months imprisonment, with three years post-release supervision imposed. Costello is required to enter into a good behaviour bond for the suspended period.
A man has been sentenced to twenty months' imprisonment following a fatal collision on the Naas Road in Dublin on 31 January 2016. Anthony Corcoran, aged 39, of Lyons Street, Newcastle, County Dublin, pleaded guilty at Dublin Circuit Criminal Court to failure to remain at the scene with intent to escape civil or criminal liability. A charge of dangerous driving causing death was withdrawn by the State. The court heard that Corcoran struck a pedestrian while returning to County Cavan after an evening out. He subsequently informed gardaí of his involvement the following morning. Judge Martin Nolan noted evidence suggesting the defendant was over the drink-driving limit and concluded he panicked at the scene. The judge acknowledged significant mitigation including an early guilty plea, immediate contact with gardaí, lack of previous convictions, and good work history. Corcoran was disqualified from driving for three years.
Anthony Corcoran, aged 39, of Newcastle, County Dublin, pleaded guilty at Dublin Circuit Criminal Court to failure to remain at the scene with intent to escape civil or criminal liability following a collision on the Naas Road, Dublin on 31 January 2016. The court heard that Corcoran struck Peter Maunde, who was walking on the motorway in dark clothing during poor weather conditions. A charge of dangerous driving causing death was withdrawn by the State. Corcoran informed gardaí of his involvement the following morning after his father contacted local police in County Cavan. During interview, Corcoran admitted consuming alcohol that evening. Garda evidence indicated multiple witnesses observed a man crossing the motorway barrier near Red Cow Roundabout, while other motorists initially mistook the casualty for an animal. Judge Martin Nolan remanded Corcoran on continuing bail for sentencing, indicating he would consider the case overnight. A victim impact statement from the deceased's family was submitted to the court.
A jury at Dublin Circuit Criminal Court has acquitted Patrick Carroll on all charges relating to a €90,000 post office robbery in September 2014. The 54-year-old from Swords had pleaded not guilty to charges of trespass, false imprisonment, robbery and threats to kill in connection with an incident at a property in Malahide and Bayside Post Office in Sutton. During the eight-week trial, the prosecution alleged that DNA evidence linked Carroll to the crime, but his legal team submitted there was an innocent explanation for its presence. Following deliberations lasting over eleven hours, a jury of four men and eight women returned not guilty verdicts on all counts. Paschal Kelly, a 54-year-old with addresses in Cootehill and Ballyjamesduff, County Cavan, was previously convicted of the robbery and kidnapping and received an eighteen-year sentence in late 2018.
Sean O'Neill, a 72‑year‑old liquidator from Wicklow, pleaded guilty in the Dublin Circuit Criminal Court to stealing €28,530 that had been transferred into his bank account by the Department of Social Protection under the insolvency payment scheme. The money was owed to a former employee of a Galway restaurant that had gone into liquidation. O'Neill had transferred €15,000 to the employee but never passed on the remaining balance. He was charged in July and, after a guilty plea and cooperation, brought €18,000 to court. Judge Martin Nolan, noting the breach of trust and O'Neill's lack of prior convictions, imposed a two‑year custodial sentence, suspending all but the final five months. He ordered the €18,000 to be paid to the relevant party. The case highlights the duty of liquidators to act honestly and the consequences of failing to do so.
A Detective Chief Superintendent has given evidence at the Special Criminal Court regarding two men charged in connection with the fatal shooting of Peter Butterly in March 2013. The victim, aged 35, was killed in a car park at Gormanston, Co Meath. Laurence Murphy, aged 62, of Bettystown, Co Meath, and Ray Kennedy, aged 40, of Blanchardstown, Dublin, have pleaded not guilty to membership of an unlawful organisation styling itself the Irish Republican Army. Mr Kennedy faces an additional charge of perverting the course of justice. Detective Chief Superintendent Anthony Howard, head of the Special Detective Unit, told the three-judge court of his belief that both men were members of the IRA. He declined to disclose the material upon which his belief rested, citing security concerns and the protection of life and property. Evidence was also heard of items recovered from the scene. Four men have previously received life sentences for Mr Butterly's murder, with two others also imprisoned for roles in the killing.
The Special Criminal Court heard evidence in the ongoing trial of Laurence Murphy and Ray Kennedy, who have pleaded not guilty to IRA membership charges dated March 6, 2013, and April 2010. Mr. Kennedy also faces a charge of perverting the course of justice by destroying a SIM card. Prosecution witnesses described a meeting at Bewleys Hotel, Dublin Airport, on May 22, 2010, where Mr. Murphy was observed with Marian Price, Alan Ryan, and Anthony Ryan. The group entered a private function room, though the Ryans did not. Other testimony detailed Mr. Kennedy's presence at a 2011 meeting in Mulhuddert and at a 2012 bail hearing. The court also heard about a 2012 funeral for Alan Ryan, where three shots were fired over the coffin. While four men have already received life sentences for the murder of Peter Butterly, and Michael McDermott and Frank Murphy have been jailed for their roles in the killing, the current proceedings against Murphy and Kennedy remain at the trial stage. The matter was adjourned and continues before Justice Tara Burns, Judge Sarah Berkeley, and Judge Michael Walsh.
A man charged in connection with the 2013 murder of dissident republican Peter Butterly was observed on multiple occasions with slain Real IRA leader Alan Ryan, the Special Criminal Court heard. Laurence Murphy, aged 62, of Bettystown, Co Meath and Ray Kennedy, aged 40, of Blanchardstown, Dublin have pleaded not guilty to membership of an unlawful organisation styling itself the IRA on 6 March 2013. Mr Kennedy faces an additional charge of perverting the course of justice. Detective gardaí gave evidence they saw Mr Ryan and Mr Kennedy together in Donaghmede, Dublin on separate occasions in 2011 and 2012. The court heard garda interviews wherein Mr Kennedy stated he and Mr Butterly had arranged to meet at the Huntsman Inn, Gormanston, Co Meath at 2.30pm on the day of the shooting. Mr Murphy was interviewed and denied IRA membership. Four men have already received life sentences following convictions for Mr Butterly's murder, with two others imprisoned for roles in the killing. The trial before Ms Justice Tara Burns continues.
A man convicted of sexually assaulting a young child has been remanded in custody at the Central Criminal Court following his apprehension. The 24-year-old was found guilty on all fourteen counts of sexual assault at two Dublin locations between June 2008 and October 2011, when the victim was aged between five and eight years old. A jury returned unanimous verdicts after a four-day trial in May 2018. The defendant absconded before the verdict was delivered and remained at large for several months. Mr Justice Michael White imposed a seven-year sentence in December 2018 in the man's absence. Upon his arrest today, the court formally recorded that the sentence will commence from the date of his apprehension. The judge noted the defendant's youth as a mitigating factor, as he was himself a minor during the offences. A victim impact statement detailed the child's ongoing psychological trauma. The defendant was arrested in County Cavan, where he had relocated with his family. The unnamed 24-year-old pleaded not guilty.
The Special Criminal Court heard evidence in the trial of Ray Kennedy and Laurence Murphy, who have pleaded not guilty to membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh Na hÉireann, otherwise the IRA on March 6th, 2013. Mr Kennedy is also charged with carrying out an act intending to pervert the course of justice by destroying a mobile telephone SIM card. Prosecution evidence detailed that Mr Butterly was shot dead in the car park of the Huntsman Inn, Gormanston, Co Meath, on that date. Detective Garda Shane Curran testified that a text was sent from Mr Kennedy's phone to the victim's wife at 1.43pm, joking about an IRA arrest, minutes before the killing. The prosecution alleged Mr Kennedy destroyed a SIM card to pervert the course of justice. While four other men have already received life sentences for the murder, and Michael McDermott and Frank Murphy have been jailed for their roles, the current proceedings against Mr Kennedy and Mr Murphy remain at the trial stage. The matter was adjourned to continue on Monday before Ms Justice Tara Burns, presiding alongside Judge Sarah Berkeley and Judge Michael Walsh.
The Special Criminal Court trial of Laurence Murphy and Ray Kennedy, both charged in connection with the killing of Peter Butterly, entered legal argument regarding the retention of mobile phone data under the Communications (Retention of Data) Act 2011. This legal challenge is linked to the case of convicted murderer Graham Dwyer, whose appeal against a High Court declaration that the Act breached EU law is due before the Supreme Court in December. Murphy and Kennedy pleaded not guilty to membership of an unlawful organisation, styled the IRA, on March 6, 2013. Kennedy is additionally charged with carrying out an act intending to pervert the course of justice by destroying a mobile telephone SIM card. The prosecution alleges the killing was meticulously planned. Four men—Kevin Braney, Edward McGrath, Sharif Kelly, and Dean Evans—have already received life sentences for the murder. Michael McDermott and Frank Murphy, the latter being Laurence Murphy's brother, have also been jailed for their roles in the killing. The trial continues before Ms Justice Tara Burns, Judge Sarah Berkeley, and Judge Michael Walsh.
A witness in the Special Criminal Court has testified that the shooting of dissident republican Peter Butterly in Gormanston, County Meath on 6 March 2013 was an "IRA operation". David Cullen, now in the Witness Protection Program, gave evidence in trials of Laurence Murphy and Ray Kennedy, both charged with membership of an unlawful organisation styling itself the IRA. Mr Kennedy also faces a charge of perverting the course of justice. Cullen said he was asked to dispose of a firearm immediately after the shooting and that he knew beforehand someone would be targeted, though not the victim's identity. He recovered the gun near Gormanston College and was arrested shortly after. Four men have previously received life sentences for Mr Butterly's murder, while two others received custodial sentences. During proceedings, Justice Tara Burns ruled on disclosure issues concerning Cullen's earlier statement that Mr Murphy was "never a member of the IRA", which defence counsel argued was belatedly provided. Laurence Murphy pleaded not guilty. Peter Butterly pleaded not guilty.
A 35-year-old man from Ballyjamesduff, County Cavan has been sentenced to six years imprisonment following his conviction for serious offences against his former partner. Derek Fay pleaded guilty at Dublin Circuit Criminal Court to assault causing harm and false imprisonment at a hotel in Parkwest, Dublin on 16 and 17 November 2015. The court heard that Fay trapped the woman in a hotel room overnight, during which he made violent threats, destroyed her mobile telephone and punched her repeatedly in the face, causing a serious injury to her nose. The woman remained awake throughout most of the night in fear for her safety. Fay subsequently left the jurisdiction and was returned to Ireland on foot of a European Arrest Warrant. Judge Martin Nolan imposed the custodial sentence, describing the accused's conduct as prolonged and vicious. The sentence was backdated to January 2018, when Fay first entered custody in connection with the matter.
The Special Criminal Court trial of Laurence Murphy and Ray Kennedy, both accused of IRA membership on March 6, 2013, continued with the court listening to a secret audio recording from a KFC in Charlestown. Both men pleaded not guilty to the membership charge; Mr. Kennedy also faces a charge of perverting the course of justice by destroying a SIM card. The prosecution alleges the men attended a "debrief" meeting the day after the murder of Peter Butterly. The court heard that gardai surveillance identified Kevin Braney, Frank Murphy, and Laurence Murphy at the outlet. Kevin Braney was previously sentenced to life imprisonment for the premeditated murder of Mr. Butterly, a finding he had denied. Frank Murphy, a brother of the accused, was jailed for three years, with the final year suspended, after pleading guilty to impeding the prosecution of State witness David Cullen. Other individuals, including Edward McGrath, Sharif Kelly, and Dean Evans, received life sentences for the murder. The trial, presided over by Ms Justice Tara Burns, Judge Sarah Berkeley, and Judge Michael Walsh, was adjourned and resumes next Wednesday.
The Special Criminal Court has adjourned the trial of Laurence Murphy and Ray Kennedy, who both pleaded not guilty to membership of an unlawful organisation. The court heard that Dave Cullen, a State's witness in the Peter Butterly murder case, was not prosecuted for alleged perjury due to fears he would not return to Ireland from a protection program abroad. Cullen had previously pleaded guilty to possession of a firearm in suspicious circumstances. The trial, presided over by Ms Justice Tara Burns, was paused after the defence requested documentation regarding the decision not to prosecute Cullen. The matter was adjourned until tomorrow. In related proceedings, Kevin Braney was found guilty of premeditated murder and sentenced to life imprisonment. Frank Murphy, brother of the accused Laurence Murphy, pleaded guilty to impeding the apprehension of Cullen and was jailed for three years, with the final year suspended. Michael McDermott, who played a role in the murder, has also been jailed. The court noted that Cullen's evidence was used in the convictions of four individuals for Butterly's murder.
A former soldier has withdrawn an appeal against a €150,000 damages award in the Court of Appeal following an assault on his former partner. Jonathan McSherry, formerly of Dublin, had challenged the High Court's assessment of damages for assault and battery. The attack occurred in December 2015 when McSherry assaulted the mother of his two children at her home, causing fractures to her skull, eye sockets and cheekbones. He subsequently served 22 months of a three-and-a-half-year custodial sentence imposed in Dublin Circuit Criminal Court. In the civil proceedings, McSherry accepted responsibility for causing extensive facial injuries to his former partner. The three-judge panel, comprising Mr Justice John Edwards, Ms Justice Isobel Kennedy and Ms Justice Aileen Donnelly, was informed of the withdrawal before the hearing commenced. Legal costs were awarded against McSherry following an application by counsel for the plaintiff.
An accused man was observed meeting two individuals convicted in connection with the fatal shooting of dissident republican Peter Butterly one day after the killing, the Special Criminal Court heard today. Surveillance officers told the non-jury court that on March 7, 2013, Laurence Murphy was seen at a fast-food outlet in Charlestown Shopping Centre in Dublin alongside Kevin Braney and Frank Murphy. Butterly, aged 35, was shot dead on March 6, 2013, outside a public house in Gormanston, County Meath. Braney was sentenced to life imprisonment earlier this year following conviction for the premeditated murder. The prosecution contends the group gathered for a debrief regarding the previous day's events. Murphy, of Bettystown, County Meath, and Ray Kennedy, of Blanchardstown, Dublin, have pleaded not guilty to membership of an unlawful organisation styling itself the IRA on that date. Kennedy faces an additional charge of attempting to pervert the course of justice. The trial continues.
The Special Criminal Court heard evidence in the trial of Ray Kennedy (39) and Laurence Murphy (62), who have pleaded not guilty to membership of an unlawful organisation styling itself the IRA on March 6, 2013. Kennedy is also charged with perverting the course of justice by destroying a mobile SIM card. The prosecution presented the statement of Eithne Butterly, widow of dissident republican Peter Butterly, who was shot dead outside The Huntsman Inn in Gormanston, Co Meath, on that date. Mrs Butterly told gardai that Kennedy was a "good friend" to both of them and that her husband had received five death threats, including one from Alan Ryan. She stated her husband told her he was meeting Kennedy at 2pm on March 6, 2013, though Kennedy maintains the meeting was scheduled for 2.30pm. The court heard that four men—Kevin Braney, Edward McGrath, Sharif Kelly, and Dean Evans—have already received life sentences for the murder, while Michael McDermott and Frank Murphy have also been jailed for their roles in the killing. The trial, presided over by Ms Justice Tara Burns, Judge Sarah Berkeley, and Judge Michael Walsh, resumes tomorrow.
Ray Kennedy (39) and Laurence Murphy (62) are on trial at the Special Criminal Court, having pleaded not guilty to membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh Na hÉireann, otherwise the IRA on March 6, 2013. Mr Kennedy is also charged with carrying out an act intending to pervert the course of justice by destroying a mobile telephone SIM card. The prosecution alleges the pair were involved in the "meticulously planned killing" of dissident republican Peter Butterly (35), who was shot dead outside The Huntsman Inn in Gormanston, Co Meath, on that date. Testimony from Detective Garda Alan Waters indicated that Mr Kennedy arrived at the scene shortly after the shooting, claiming he was meeting his "friend" Mr Butterly. The prosecution suggests Mr Kennedy destroyed the SIM card to destroy evidence. While the current trial is ongoing, four other men—Kevin Braney, Edward McGrath, Sharif Kelly, and Dean Evans—have already received life sentences for Mr Butterly's murder. Additionally, Michael McDermott (60) and Frank Murphy (59), who played roles in the murder, have also been jailed. The trial resumes before Justice Tara Burns, sitting with Judges Sarah Berkeley and Michael Walsh.
The Special Criminal Court heard the opening of the prosecution case against Ray Kennedy and Laurence Murphy, who have pleaded not guilty to membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh Na hÉireann, otherwise the IRA. Kennedy, 39, is additionally charged with carrying out an act intending to pervert the course of justice by destroying a mobile telephone SIM card. The trial concerns the killing of dissident republican Peter Butterly in March 2013. Prosecution counsel alleged that Kennedy arrived at the scene shortly after the shooting, having arranged a meeting with the victim, and subsequently destroyed a SIM card. It was further alleged that Murphy's vehicle passed the location two days prior to the incident and that he attended a debriefing meeting afterwards. The court heard that four other men have already received life sentences for the murder, while Michael McDermott and Frank Murphy, the latter being Laurence Murphy's brother, have also been jailed for their roles in the killing. David Cullen, whose plea to a lesser charge was accepted in 2014, turned State's witness. The trial is ongoing before a three-judge panel and resumes tomorrow.
Dubliner Annie Trieu (29) pleaded guilty to one count of laundering money at Tallaght district credit union between September 13 and September 31, 2017. The court heard that Trieu withdrew €34,587 from her account, as instructed by her former partner, and deposited part of the money into her credit union account in four separate lodgements. Her lawyer stated that Trieu was subjected to domestic violence by her former partner, including incidents where she presented to hospital battered and bruised. A detective described Trieu as a 'puppet' in the scam, noting she was not involved in the initial email scheme. The court heard that the email scam involved General Hardware Supplies Ltd in Co. Cavan and Ballytherm Ltd in Co. Limerick, with suspicions arising when Ballytherm confirmed they had not received payment. Gardaí traced the money to Trieu's account. Judge Pauline Codd noted Trieu was 'blinded by love' for her former partner. She was sentenced to eighteen months imprisonment, but the sentence was suspended in full, taking into account her guilty plea and the violent nature of her relationship with her former partner.
A 39-year-old man has been sentenced to nine years imprisonment at the Central Criminal Court for the manslaughter of his housemate in Ballyjamesduff, County Cavan on New Year's Day 2018. Tomasz Paszkiewicz was convicted by jury of fatally stabbing Marek Swider, aged 40, with a boning knife following a dispute over money lost in a poker game. The defendant was cleared of murder but found guilty of manslaughter. Justice Tara Burns noted Paszkiewicz's expertise with the blade from his employment at a meat factory and identified the killing as falling within the serious category of such offences. She imposed a headline sentence of thirteen years, reducing it to nine years in consideration of his guilty plea, remorse, cooperation with gardaí, and personal circumstances. Paszkiewicz expressed sincere apology to the deceased's family and his own. The victim died from two stab wounds to the chest and abdomen. The unnamed 39-year-old pleaded not guilty.
Tomasz Paszkiewicz, 39, was remanded in custody at the Central Criminal Court following a trial where he was found not guilty of murder but guilty of the manslaughter of Marek Swider. The jury reached a majority verdict after nearly five hours of deliberation. Paszkiewicz had pleaded not guilty to murder and guilty to manslaughter regarding the death of his housemate, who died of two stab wounds inflicted with a boning knife on January 1, 2018, in Ballyjamesduff, Co Cavan. Prosecutors argued the case involved high culpability, citing the use of a lethal weapon, lack of provocation, and the accused's failure to assist the victim. Defence counsel urged the court to view it as a medium-culpability case, highlighting Paszkiewicz's remorse, lack of prior convictions, and cooperation with gardai. Paszkiewicz testified that he was ashamed and that human life is priceless. Ms Justice Tara Burns adjourned the matter, stating she will pass sentence on Thursday next.
A meat factory worker was convicted of manslaughter but acquitted of murder at the Central Criminal Court following a trial in July 2019. Tomasz Paszkiewicz had pleaded guilty to manslaughter and not guilty to murder in connection with the death of Marek Swider on Dublin Street, Ballyjamesduff, County Cavan on 1 January 2018. The court heard that Paszkiewicz stabbed the 40-year-old Polish man twice with a boning knife after a dispute during a New Year's Eve poker game at their shared home. The accused had lost several hundred euros and attempted to reclaim the money. A witness testified that Swider returned to the living room holding his stomach, stating he had been stabbed. Swider died following surgery. The defence argued that Paszkiewicz's statements to gardaí indicated lack of intent, while the prosecution characterised the killing as deliberate and brutal. The jury deliberated for almost five hours before reaching a majority verdict. Justice Tara Burns remanded Paszkiewicz in custody pending sentencing on 15 July.
A jury at the Central Criminal Court has begun deliberations in the murder trial of a meat factory worker from Cavan. The accused, a 39-year-old, admits killing his housemate with a boning knife from his workplace but denies murder, instead pleading guilty to manslaughter. The victim, a 40-year-old Polish man, died from two stab wounds to his upper body following a New Year's Eve poker game at their home on Dublin Street, Ballyjamesduff on 1 January 2018. Prosecution counsel argued the case was straightforward, characterising it as an angry response to losing money at cards, followed by an armed assault. The defence maintained there was insufficient evidence of intent to kill or cause serious injury. The jury of seven men and five women retired to consider their verdict on the afternoon of 3 July 2019 and adjourned for the night, set to resume deliberations the following morning. The unnamed 39-year-old pleaded not guilty.
A 39-year-old meat factory worker has pleaded not guilty to murder but guilty to manslaughter following the death of his housemate in Ballyjamesduff, County Cavan, on New Year's Day 2018. The Central Criminal Court heard that Tomasz Paszkiewicz stabbed his poker opponent twice in the upper body after losing hundreds of euro in a game on New Year's Eve. The accused told gardai he obtained the knife from his kitchen, though he claimed to have no clear recollection of the incident or his actions. A witness testified that the deceased came inside holding his stomach, stating he had been stabbed and requesting an ambulance. Paszkiewicz said he took responsibility for the killing but did not decide to stab the man. The prosecution closed its case on Tuesday, with the defence indicating it would not call evidence. Closing speeches are scheduled for Wednesday morning before Justice Tara Burns and the jury.
A murder trial at the Central Criminal Court heard that the accused man handed himself in to gardaí in Cork on 3 January 2018, three days after the fatal stabbing of his housemate in Ballyjamesduff, Co Cavan. Garda Razvan Ghetau testified that when the man entered Anglesea Garda Station stating he had killed his friend, the officer initially believed it was a jest. The witness said the accused repeated his statement and appeared serious, with his hands positioned as though requesting arrest. Inspector John Callinan outlined the subsequent interviews conducted in Cavan. The accused, Tomasz Paszkiewicz (39), explained he had worked at a meat processing facility since 2009, boning cattle heads. When shown a knife recovered from the scene bearing his employee number, he identified it as his work knife, which he had brought home a year prior. Questioned about his knife proficiency, he acknowledged developing considerable skill over nine years. Mr Paszkiewicz has pleaded not guilty to murder but guilty to manslaughter in relation to the death of Marek Swider (40).
A takeaway worker from Cavan was commended by Justice Tara Burns at the Central Criminal Court for providing first aid to a fatally injured man on New Year's Eve 2018. Alannah Sheridan, who was employed at a takeaway in Ballyjamesduff, was leaving work when she learned of a man in distress on Dublin Street. Drawing on her First Aid training with the Order of Malta, she applied pressure to a chest wound using her scarf while awaiting emergency services. The injured man, Marek Swider, a 40-year-old Polish national, was subsequently taken to Cavan General Hospital but died on New Year's morning. The trial concerns Tomasz Paszkiewicz, aged 39, charged with Mr Swider's murder. Mr Paszkiewicz has pleaded not guilty to murder but guilty to manslaughter. Acting State Pathologist Dr Linda Mulligan testified that Mr Swider died following two stab wounds to his chest and abdomen. The trial continues before a jury of seven men and five women.
A man has admitted fatally stabbing his housemate following a dispute over a poker game on New Year's Eve at their home in Ballyjamesduff, County Cavan. Tomasz Paszkiewicz, aged 39, is charged with the murder of Marek Swider, aged 40, on January 1, 2018, at Dublin Street. He has pleaded not guilty to murder but guilty to manslaughter. The Central Criminal Court heard that both men, originally from Poland, were playing cards for money when a row erupted over winnings approaching €500. Paszkiewicz subsequently invited Swider outside and stabbed him twice with a knife used at his workplace in a meat processing facility. The prosecution must prove the accused's intention to kill or cause serious injury. A witness present that evening testified the men had been good friends with no previous conflict. The trial before Ms Justice Tara Burns continues.
Emil Wyrebiak, aged 26 and resident in Ballinagh, Co Cavan, pleaded guilty at Dublin Circuit Criminal Court to possession of cannabis discovered in a vehicle at Ballyogan Avenue, Carrickmines on April 23, 2018. Gardaí stopped a blue BMW after noticing an expired tax disk and, on detecting a cannabis odour, recovered four plastic bags of the drug from the boot along with two bags of yellow pills, valued at approximately €36,000. A subsequent search of his former residence yielded tablets worth a further €7,500. The court heard that Wyrebiak had agreed to transport drugs following an altercation with a "connected man" at a Dublin nightclub, presenting him with limited options to resolve the matter. Judge Martin Nolan imposed a four-year sentence, suspended in full, having regard to mitigating factors including Wyrebiak's full cooperation with gardaí, admissions, and absence of previous convictions.
William Burns, held at Loughan House Open Centre in Co Cavan, has challenged the Minister for Justice's refusal to grant him enhanced remission from his prison sentence. Burns was convicted by the Special Criminal Court in 2016 of unlawfully possessing explosive substances, including PETN, RDX, and ammonium nitrate, along with an adapted Guinness keg and detonation equipment discovered at Kilcurry Church, Co Louth in May 2014. He received a seven-year sentence with the final three years suspended. The Minister declined Burns's application for one-third remission in April, citing the gravity of the offence, despite acknowledging his constructive engagement in prison activities. Burns's legal representatives argue the refusal is flawed and breaches his constitutional and human rights protections. They contend the Minister failed to consider his reintegration prospects and provide adequate reasoning. Burns would be released immediately under enhanced remission; otherwise, his scheduled release is June. The High Court granted permission for the challenge to proceed, with the matter returning before the court later that week. William Burns pleaded guilty.
A former school principal from Ballybofey, County Donegal, has been sent to prison following a Court of Appeal ruling that his original suspended sentence was unduly lenient. Finbarr Boyle, aged 39, pleaded guilty to five counts of theft and two counts of forgery relating to his time as principal at Kilnaleck National School in County Cavan between 2007 and 2012. He had originally received a wholly suspended two-year sentence in March 2018 on condition he repay €25,000. The Court of Appeal, on application by the Director of Public Prosecutions, found this sentence insufficient given the seriousness of the offending. Boyle misappropriated approximately €204,000 through various means, including unauthorised use of the school's visa card for personal expenses, improper cheque drawings, and fraudulent claims submitted to the Department of Social Protection. The Court of Appeal resentenced him to 15 months imprisonment, with immediate custody ordered.
A man found guilty of shooting his wife dead in an act of gross negligence has lost an appeal against his conviction and sentence. Oliver Kierans (60) of Drumbannon, Bailieborough in Cavan, had pleaded not guilty at the Central Criminal Court to murdering Patricia Kierans (54), his wife of 33 years, at his home address on September 5th, 2013. He was found not guilty of murder but guilty of manslaughter by a majority jury verdict following fifteen hours of deliberations. Kierans was also found guilty of possessing a double barrel sawn-off shotgun and possessing the weapon with intent to endanger life. Patricia Kierans died from a shotgun wound to the chest after being shot at a range of about 1.2 metres or 4 feet, in the close confines of a bedroom in Kierans' home. Kierans contended that he had picked up the firearm with the intention of taking his own life but the shotgun discharged in the direction of his wife. After the shooting, Kierans went to The Square bar in Bailieborough where a 'siege' took place. Garda Thomas Fay, who had known Kierans for almost 30 years, went into the bar to talk to him. However, CCTV footage from inside the pub showed Kierans pointing the shotgun at the garda. Kierans pulled the trigger, but the gun did not go off. CCTV showed him looking at the gun quizzically afterwards. The situation came to an end when Kierans eventually left the pub with Garda Fay. Kierans was sentenced to nine years imprisonment for his wife's manslaughter, eight years for possession of the shotgun and 12 years for pointing the gun at Garda Fay by Ms Justice Aileen Donnelly on April 20, 2015. All sentences were to run concurrently. Upholding his conviction and sentence today, Mr Justice Patrick McCarthy said Kierans had picked up the shotgun to show his wife he would kill himself. However, the gun discharged due to 'unexpected movement'. Mr Justice McCarthy said the trial judge correctly instructed the jury with regards to intent and the particular circumstances of the case. He said the court rejected Kierans' appeal against conviction. In relation to sentence, Kierans' barrister, Paul Greene SC, submitted that the Central Criminal Court judge ought to have afforded more credit for Kierans' personal circumstances. However, Mr Justice McCarthy said the judge expressly took account of Kierans' family situation and his previous good character. He said the aggravating factors were significant. Kierans reloaded the shotgun after the homicide and went to a public place. Mr Justice McCarthy said Ireland had the 'privilege of having an unarmed police force' and Kierans put Garda Fay 'in fear of his life'. Mr Justice McCarthy, who sat with President of the Court of Appeal Mr Justice George Birmingham and Ms Justice Isobel Kennedy, said the sentences were within range and the appeal was accordingly dismissed.
Oliver Kierans, aged 60, of Drumbannon, Bailieborough in Cavan, has lodged an appeal against his conviction and sentence at the Court of Appeal. Kierans was found guilty of manslaughter by gross negligence following the death of his wife, Patricia Kierans, at their home on 5 September 2013. He was also convicted of possessing a sawn-off shotgun and of pointing the weapon at a member of An Garda Síochána in a public house in Bailieborough. He had pleaded not guilty to murder. Justice Aileen Donnelly sentenced him to nine years imprisonment for manslaughter, with additional concurrent sentences imposed for the firearms offences in April 2015. During proceedings at the Court of Appeal, counsel for the Director of Public Prosecutions submitted that Kierans's moral culpability was significant, particularly regarding the incident involving the garda. The court, presided over by President Mr Justice George Birmingham, reserved judgement. Oliver Kierans was acquitted.
Two men have been convicted and sentenced by the Special Criminal Court in connection with the 2013 murder of dissident republican Peter Butterly. Michael McDermott of Ballinagh, County Cavan, received four years imprisonment with the final six months suspended after pleading guilty to assisting an unlawful organisation in the killing. Frank Murphy of County Meath was sentenced to three years with the final year suspended after pleading guilty to impeding the apprehension of a prosecution witness. Mr Butterly, aged thirty-five, was fatally shot outside The Huntsman Inn in Gormanston on 6 March 2013. Four other men have previously received life sentences for his murder. The three-judge panel took into account both men's guilty pleas, clean records, and family circumstances when determining sentences. Both sentences were backdated to reflect time already spent in custody.
The Special Criminal Court has adjourned the sentencing of Frank Murphy and Michael McDermott to April 1, remanding both men in custody. Murphy, 58, pleaded guilty in November 2018 to committing an act to impede the apprehension or prosecution of David Cullen, whom he allegedly believed was guilty of possessing a firearm. McDermott, 60, pleaded guilty to helping an unlawful organisation, identified as the IRA, murder Peter Butterly. The court heard evidence that Butterly was shot dead in a Meath car park in March 2013. David Cullen, who was originally charged with murder, pleaded guilty to the unlawful possession of a semi-automatic pistol. His plea was accepted by the DPP, resulting in a nolle prosequi on the murder count. Cullen turned State's witness and was sentenced to seven years in prison, with three and a half years suspended, for the firearm possession. The court noted that four other men have already received life sentences for Butterly's murder. Neither Murphy nor McDermott has previous convictions. The judges, presiding over the non-jury court, indicated they will deliver their sentences on April 1.
The High Court has finalised the legal basis on which John Downey may appeal his extradition to Northern Ireland. Mr Justice Aileen Donnelly, the presiding extradition judge, rejected multiple objections to his surrender before granting leave to appeal on Wednesday. The judge determined that questions of exceptional public importance arise regarding assurances given by the UK Government to republican paramilitaries and whether these may have been used to gather evidence against them. Mr Downey, aged 67, was arrested in November 2018 at his home in Creeslough, County Donegal, following a European Arrest Warrant issued in relation to a 1972 car bombing in Enniskillen that killed two British soldiers. He had argued extradition would constitute abuse of process, citing a 2007 comfort letter from Northern Irish authorities. Ms Justice Donnelly rejected all objections and found the comfort letter did not constitute amnesty. Mr Downey remains on continuing bail pending the Court of Appeal hearing.
A man convicted of murdering a guardian at a brothel in Cavan seven years ago has had his appeal against conviction dismissed by the Court of Appeal. Przemyslaw Trebacz, a Polish national formerly of Bramble Rise, Killynebber, Co Cavan, was sentenced to life imprisonment in February 2014 following his conviction for the murder of Costel Catalin Cretu at Connolly Court, Cavan in October 2012. Trebacz had pleaded not guilty to murder but admitted criminal damage. The Central Criminal Court jury returned a majority guilty verdict after hearing evidence that Mr Cretu was fatally stabbed twice. The appeal challenged the reliability of witness testimony, particularly regarding the layout of the apartment and what could have been observed. The Court of Appeal found no inadequacy in the trial judge's conduct or evidence summary, and determined the verdict was safe. Mr Justice Patrick McCarthy stated there was no reason to believe the trial was unsatisfactory.
The State has proposed to mediate several damages actions brought by retired Garda Sergeant and whistleblower Maurice McCabe. The High Court heard that the State plans to send an open letter to McCabe's solicitors, seeking to resolve the cases through mediation. The mediation offer was raised during proceedings involving McCabe's claims against the Garda Commissioner, the Minister for Justice, the Attorney General, and former Garda Commissioner Martin Callanan. The State's legal team stated that they had not filed a defence as it would not aid the mediation process. The proposed mediation would cover all cases brought by McCabe against the State. The State's legal team emphasized that the mediation was in the public interest. McCabe's legal team expressed concerns about further delays in the cases. The judge adjourned the case for three weeks. Separately, pretrial motions in actions brought by McCabe, his wife, and their four children against the HSE and Tusla were also discussed.
A man from Cootehill, County Cavan, has been sentenced to eighteen years imprisonment following his conviction on multiple charges related to a tiger kidnapping at a post office in north Dublin. Paschal Kelly, aged fifty-three, was convicted of false imprisonment, robbery, threatening to kill, and possession of a stolen vehicle. The offences occurred on 25 September 2014, when Kelly and two accomplices entered the home of a postmistress in Malahide, bound three women with cable ties, and transported them to Bayside Post Office in Sutton. During the incident, Kelly threatened to set the women alight. At Dublin Circuit Criminal Court, Judge Karen O'Connor commended the three women for their courage and resourcefulness, noting that one victim's quick thinking enabled gardaí to intervene and recover approximately €92,000. The judge found the offence premeditated and aggravated by the violation of the home, use of firearms, and threats made. Kelly's conviction followed a nine-week trial. Credit for time already served in custody has been applied to the sentence.
Paschal Kelly, aged 53, of Cootehill, County Cavan, has been convicted at Dublin Circuit Criminal Court of false imprisonment, robbery, and threatening to kill three women during a tiger kidnapping in September 2014. The convictions relate to the abduction of postmistress Susan Lawlor, her daughter Emma Carter, and an Italian student from their Malahide home, followed by a €92,000 robbery at Bayside Post Office in Sutton. Kelly was also found guilty of possessing a stolen vehicle. He had pleaded not guilty to all charges. The trial extended to nine weeks. DNA evidence recovered from items at the scene linked Kelly to the offence. The court heard of his sixty previous convictions, including assault, robbery, and road traffic offences. Sentencing has been adjourned to the following week, with Kelly remanded in custody. The three women's victim impact statements were submitted but their contents were not disclosed in court at their request.
Gerard Manning, aged 38, of Limerick but originally from Belturbet in County Cavan, has had his murder conviction upheld following an appeal to the Court of Appeal. Manning was convicted in 2013 of murdering Martin Purcell, a 54-year-old father-of-two, at his home on Wickham Street in Limerick in September 2011. Mr Purcell sustained 41 wounds and died from a throat laceration that severed his jugular vein. Manning had pleaded not guilty and denied knowing the victim, but forensic evidence including his fingerprints found in the victim's blood proved decisive at trial. A jury returned a guilty verdict by majority, and Manning received the mandatory life sentence. The Court of Appeal dismissed grounds of appeal relating to the admission of evidence, including a knife found near Manning's flat, and alleged non-disclosure by gardaí. The court determined the trial was satisfactory and the conviction safe. Gardaí have stated no motive for the killing has been established.
The State has admitted liability in two of several claims brought by Garda whistleblower Maurice McCabe, the High Court was informed. These include a personal injuries claim against the Garda Commissioner, Ireland, and the Attorney General, which was initiated in 2009. Another case, lodged in 2011, involves defamation claims against the same defendants. Counsel for McCabe, Paul McGarry SC, stated that while liability had been admitted, a hearing is needed to assess the level of damages. The court agreed to set a hearing for early April. The State's counsel, Marguerite Bolger SC, expressed hope that mediation could resolve the quantum of damages, though previous mediation efforts had not been successful. McCabe, who retired from An Garda Siochana in October after 30 years of service, has brought multiple cases against various parties, including the HSE and Tusla.
Paschal Kelly, aged 53, with an address in Cootehill, County Cavan, has been convicted of tiger kidnapping, false imprisonment and robbery at Dublin Circuit Criminal Court. The offences occurred on 25 September 2014, when a postmistress, her daughter and an Italian student were abducted from their home in Malahide, Dublin. The three were taken from the residence by masked intruders and driven to multiple locations before being brought to Bayside Post Office in Sutton, where cash was stolen. The jury returned unanimous guilty verdicts on all charges following one hour and forty minutes of deliberation. Kelly pleaded not guilty to all charges throughout the trial, which extended to nine weeks. A jury of seven men and five women heard evidence that included witness testimony and DNA analysis. Kelly has been remanded in custody pending sentencing in January 2019. Judge Karen O'Connor directed that victim impact statements be prepared for the three persons injured by the offences.
A jury at Dublin Circuit Criminal Court has begun deliberations in the trial of Paschal Kelly, aged 53, from Cootehill, Co. Cavan, who has pleaded not guilty to charges arising from an incident on September 25, 2014. The charges include trespass, false imprisonment of three women at a property in Malahide, robbery of cash from a post office in Sutton, threats to kill, and unlawful possession of a vehicle. Before directing the jury to consider verdicts, Judge Karen O'Connor issued a cautionary direction regarding identification evidence, noting that responsible witnesses have previously made identifications later proven erroneous. The judge advised the jury to exercise particular care when assessing identification evidence and to consider all surrounding circumstances, including the time of day and conditions prevailing during observations. She also instructed them that photofits are limited in evidential value and that DNA presence alone at a crime scene does not establish guilt beyond reasonable doubt. The jury of five women and seven men is expected to resume deliberations the following day.