The Charleton Tribunal heard that forensic examinations of garda computer systems and electronic devices yielded no evidence to support allegations by applicant Superintendent David Taylor that he was instructed to provide negative media briefings regarding Sergeant Maurice McCabe. Forensic Service Northern Ireland scientists examined telephones, an iPad, and a laptop used by Supt Taylor, former Commissioner Martin Callinan, and former Commissioner Nóirín O'Sullivan between July 2012 and May 2014. While some devices contained deleted data or were wiped in accordance with protocol, no relevant files were found on the examined hardware. Searches of Garda HQ systems, including PULSE and FileShare, identified two potentially relevant files concerning Sgt McCabe, but neither related to negative briefing instructions. One file concerned a Fixed Charge Penalty complaint, and the other involved a Tusla notification of suspected child abuse received in May 2014. The tribunal noted that two privileged systems remained unexamined, with evidence on those scheduled for the following day. Supt Taylor is scheduled to begin his evidence next week. The matter is at the hearing stage, with no final determination or sentence issued.
A man with a documented history of assaulting women has had his prison sentence doubled by the Court of Appeal in Cavan, just three days before his scheduled release. Aaron Heffernan, aged 39 and residing in Cavan town, had pleaded guilty at Cavan Circuit Criminal Court to two counts of assault causing harm to his partner in October 2016. He was originally sentenced to two concurrent two-year terms in August 2017. The Court of Appeal found the original sentence unduly lenient and re-sentenced Heffernan to two consecutive two-year terms, resulting in a net four-year sentence. Mr Justice George Birmingham noted Heffernan's previous convictions for similar assaults involving other women and described a pattern of violence. The judge acknowledged the injured party's request for leniency but determined the gravity of the offending behaviour warranted the increased sentence. The new sentence was backdated to the original sentencing date.
Mark Foster (23) pleaded guilty at Dublin Circuit Criminal Court to possession of drugs for sale or supply at his home on South Circular Road, Dublin, on 11 January 2017. Gardaí discovered cannabis, MDMA, cocaine and ketamine with a combined street value of €26,840, along with €7,385 in cash. Foster, from Cavan, immediately accepted responsibility to protect his housemates from questioning. The court heard he had since relocated to his native county to live with his parents, works on the family farm, remains drug-free and intends to pursue college education. Judge Martin Nolan described the operation as amateurish and noted Foster's youth and early intervention as mitigating factors. Despite the seriousness of the charges, the judge imposed a five-year prison sentence, suspended in full, citing Foster's co-operation, guilty plea, and low risk of re-offending.
A man charged with the murder of Peter Butterly appeared at the Special Criminal Court after his arrest in Spain. Dean Evans, aged 25, from Raheny in Dublin, failed to appear for trial in January 2017 for the alleged murder of Butterly, who was shot dead outside The Huntsman Inn in Gormanstown, Co Meath in March 2013. Evans was arrested on April 5th in Spain pursuant to a European Arrest Warrant and consented to his return to Ireland. He was arrested again at Dublin Airport on Monday night. The court heard that Evans made no reply when cautioned. Mr Justice Tony Hunt indicated that Evans would be included in an October trial alongside three other men facing charges relating to the same alleged murder. Evans was remanded in custody pending a mention hearing on April 24th.
Two senior politicians gave evidence to the Charleton tribunal regarding allegations that garda leadership circulated damaging rumours about whistleblower Sergeant Maurice McCabe to political figures and media. Fianna Fáil leader Micheál Martin testified that in February 2014, following discussions about McCabe's dossier concerning malpractice in the Cavan-Monaghan garda district, he was informed by Teachta John McGuinness of a conversation between then-Garda Commissioner Martin Callinan and McGuinness in which McCabe's trustworthiness and character were questioned. Martin stated he proceeded cautiously with the information and focused instead on the substantive complaints McCabe had raised. Former Labour minister Pat Rabbitte gave evidence that a former garda driver warned him against involvement with McCabe, claiming colleagues questioned his character. Rabbitte emphasised the seriousness of such allegations. Legal representatives disputed aspects of both accounts. The tribunal's investigation examines whether senior gardaí deliberately damaged McCabe's reputation among politicians and journalists.
A 59-year-old businesswoman from Virginia, Cavan has been handed a three-year suspended sentence after pleading guilty to harassing three former employees at Dublin Circuit Criminal Court. Helen Rahill sent 93 emails and made 660 calls over a ten-month period between January and October 2015, following the liquidation of her company in 2011. The former employees subsequently purchased the company's assets and continued operating the business. Rahill, who had initially accepted the arrangement, began contacting them in January 2015, sending messages ranging from complaints to abusive allegations. She briefly apologised in May 2015 but resumed the harassment despite receiving a solicitor's letter requesting she cease contact. Judge Martin Nolan noted Rahill's remorse and successful business background, finding no likelihood of re-offence. A non-contact order has been imposed as part of her sentence.
Garda whistleblower Sergeant Maurice McCabe gave evidence at the Charleton tribunal, describing the 2011 response to his complaints as "a kick in the teeth." Chief Superintendent Colm Rooney, now retired, admitted his 2011 circular letter congratulating Bailieboro station was inappropriate, stating his vindication of the station's standards was not warranted. McCabe testified that he felt forced out of his position as Sergeant in Charge in March 2008 and described a culture in An Garda Síochána that made it "extremely hard to speak out." He noted that his revelations regarding penalty points "really hit hard in the force." The tribunal also examined a 2006 allegation by Miss D against McCabe, where the DPP recommended against prosecution, finding no basis for an assault or sexual assault. McCabe stated he was exonerated and received support from colleagues. He also referenced a 2009 Facebook comment calling a puppet "Maurice the rat," which the O'Higgins commission later described as "vile and offensive." The proceedings are part of a trial-stage inquiry into whether unjustified grounds were used to discredit McCabe, including serious allegations against former Garda Commissioner Martin Callinan. The matter remains ongoing as the tribunal continues to hear evidence.
Egita Jaunmaize, a 34-year-old woman of no fixed abode, has been sentenced to three years in prison for staging the suicide of her housemate, Antra Ozolina, in an effort to impede the prosecution of the man who strangled her. The sentence was imposed by Mr Justice Patrick McCarthy during a sentencing hearing at the Central Criminal Court. Jaunmaize had pleaded not guilty to the charge of carrying out the offence, without reasonable excuse, at their home at The Old Post, Main Street, Kilnaleck, Co Cavan on or about June 27 or June 28 2014. The judge noted that the maximum penalty for the offence was 10 years in prison, but imposed a custodial sentence of three years, backdated to 22nd February 2017. He acknowledged that Jaunmaize had a suspended sentence due to be activated in her native Latvia and did not want to come to garda attention. The court heard that the deceased, Antra Ozolina, had sustained blunt force injuries and died from asphyxiation. The judge accepted that Jaunmaize's involvement was due to her abusive relationship with the assailant, who was described as the murderer. However, the jury found her fully responsible for her actions. The judge took into account her lack of a previous criminal record, her work in Ireland, and her vulnerabilities, including post-traumatic stress disorder and a history of childhood trauma. The matter was not adjourned and was finalised at the sentencing stage.
A woman is set to be sentenced tomorrow for staging the suicide of her housemate in an attempt to hinder the prosecution of her boyfriend for strangling her. Egita Jaunmaize, of no fixed abode, was found guilty by a jury earlier this month of impeding the apprehension or prosecution of the killer, knowing or believing him to have murdered Antra Ozolina (49). She had pleaded not guilty to carrying out the offence, without reasonable excuse, at their home at The Old Post, Main Street, Kilnaleck, Co Cavan on or about June 27 or June 28 2014. Jaunmaize admitted placing a blue cord around her fellow Latvian's neck to simulate her suicide. She later explained that this was because her boyfriend had a suspended sentence due to be activated in his native Latvia and did not want to come to garda attention. The matter was adjourned for sentencing, with the judge to pass sentence tomorrow.
Egita Jaunmaize, 34, was found guilty at the Central Criminal Court of impeding the prosecution of her boyfriend, a convicted neo-nazi, by staging the death of her housemate, Antra Ozolina, as a suicide. The jury returned a guilty verdict by an 11-to-1 majority after deliberating for three hours and 47 minutes. Jaunmaize admitted placing a blue cord around Ozolina's neck to simulate suicide but pleaded not guilty to carrying out the offence without reasonable excuse at their home in Kilnaleck, Co Cavan, on or about June 27 or 28, 2014. She alleged she acted under duress after witnessing her boyfriend strangle Ozolina. The boyfriend, who was never charged due to severe brain damage sustained in a car crash while fleeing a separate hijacking, is currently in a care facility. Mr Justice Patrick McCarthy thanked the jury for their service and remanded Jaunmaize in custody for sentencing on February 26th.
At the Central Criminal Court, a jury has been instructed that they may return a majority verdict in the trial of a woman charged with impeding the prosecution of her boyfriend for murder. The 34-year-old defendant is accused of staging the death of her 49-year-old housemate, Antra Ozolina, at their home in Kilnaleck, County Cavan in June 2014. She admits placing a cord around the victim's neck to simulate suicide but has pleaded not guilty to the charge of obstructing justice without reasonable excuse. The defence has submitted that she acted under duress, claiming she feared for her life and was following her boyfriend's orders after witnessing the alleged killing. Mr Justice Patrick McCarthy instructed the jury of seven men and five women that they must determine whether the defendant had a reasonable excuse for her actions and whether duress applied. The jury may now reach a verdict by a margin of at least ten to two. Deliberations are continuing.
A jury at the Central Criminal Court has begun deliberating in the trial of a 34-year-old Latvian woman charged with impeding the prosecution of her boyfriend in connection with a death at Kilnaleck, County Cavan. The accused is charged with obstructing the apprehension or prosecution of a man she knew or believed had murdered her 49-year-old housemate in June 2014. The prosecution alleges she placed a cord around the victim's neck to simulate suicide and hinder the investigation. The defence argued she acted under duress, having witnessed the alleged killing. The judge instructed the jury to consider whether she had a reasonable excuse for her actions and whether duress applied. The defendant has pleaded not guilty. Deliberations commenced Wednesday and are to resume Thursday morning.
A jury at the Central Criminal Court has been instructed to consider defences of duress and reasonable excuse in the trial of a 34-year-old woman charged with impeding the apprehension of her boyfriend in connection with a death in Kilnaleck, County Cavan. The accused is charged with placing a cord around the neck of a 49-year-old housemate in June 2014 to simulate suicide, allegedly to conceal that her death was suspicious. The defendant, who pleaded not guilty, told gardaí she acted under duress, fearing for her life after witnessing the alleged killing. The prosecution contended there was no reasonable excuse for her actions, highlighting that she returned to her boyfriend after release and remained with him. The defence argued the jury should assess whether a reasonable person in her circumstances would have feared death. Mr Justice Patrick McCarthy clarified that the prosecution must prove the act occurred without reasonable excuse, with duress applying where threats of immediate death override ordinary human resistance. The trial continues.
The Disclosures Tribunal heard closing submissions on its first module of inquiry concerning false allegations of sexual abuse made against garda whistleblower Sergeant Maurice McCabe in 2013. The tribunal investigated how a file containing these allegations was created, distributed and used by the Health Service Executive and An Garda Síochána, and whether senior garda officers knowingly deployed the false claims to discredit Sergeant McCabe. Counsel for the garda commissioner characterised the errors as administrative mistakes rather than deliberate action, noting that garda officers took reasonable steps to correct them once identified. Representatives for Tusla and the HSE acknowledged responsibility for errors in their handling of the allegations and offered apologies to those affected, including Sergeant McCabe and his family. The tribunal heard that the original 2006 complaint against Sergeant McCabe had been thoroughly investigated, with the Director of Public Prosecutions deciding it did not constitute an offence.
A trial at the Central Criminal Court heard evidence that a 34-year-old woman accused of impeding the prosecution of her partner in connection with a death would have had limited capacity to resist his control due to childhood trauma. A consultant forensic psychiatrist testified that the woman, charged with obstructing the apprehension or prosecution of a man in connection with the death of a housemate at The Old Post, Main Street, Kilnaleck, Co Cavan in June 2014, had been a victim of violent crime as a child. The psychiatrist said this early traumatic experience left her vulnerable to abusive relationships and with impaired ability to recognise danger in others. The woman has pleaded not guilty to the charge but accepts that her housemate's death was not suicide and does not dispute that her former partner caused it. She told gardaí she acted under his orders while in fear for her life. The defence has closed its case, and the trial continues before Mr Justice Patrick McCarthy and a jury.
A 34-year-old Latvian woman is on trial at the Central Criminal Court charged with impeding the prosecution of a man suspected of murdering Antra Ozolina, a 49-year-old woman found dead at their shared home in Kilnaleck, County Cavan in June 2014. The accused is alleged to have placed a cord around the deceased's neck to simulate suicide. She has pleaded not guilty but accepts that Ms Ozolina did not take her own life and does not dispute that another person caused her death. The trial heard that the male suspect has not been charged due to severe injuries sustained during a violent car hijacking in Longford in October 2014. Following a collision with a civilian vehicle during a garda pursuit, he sustained a traumatic brain injury and has remained in hospital care, now requiring spoon feeding and hoisting. Evidence regarding the deceased's injuries and the circumstances of her death was presented to the jury. The trial continues before Mr Justice Patrick McCarthy.
A 34-year-old Latvian woman is on trial at the Central Criminal Court charged with impeding the apprehension or prosecution of a man in connection with the death of Antra Ozolina. The accused, Egita Jaunmaize, is alleged to have placed a cord around Ms Ozolina's neck to simulate suicide at their home in Kilnaleck, Co Cavan on or about 27 or 28 June 2014. Ms Jaunmaize has pleaded not guilty but accepts that Ms Ozolina's death was not self-inflicted. During evidence, she told gardaí she acted under duress, stating she witnessed the alleged killer assaulting Ms Ozolina and feared for her own life. She said she was forced to help stage the scene after being threatened. The trial, heard before Mr Justice Patrick McCarthy and a jury, continues.
A 34-year-old woman from Latvia is on trial at the Central Criminal Court charged with impeding the apprehension or prosecution of a man in connection with the death of her housemate. The accused is alleged to have placed a cord around the neck of Antra Ozolina to simulate suicide at their home in Kilnaleck, County Cavan on or about 27 or 28 June 2014. She has pleaded not guilty but accepts that Ms Ozolina's death was not self-inflicted. In her voluntary statement to gardai, the accused described a significant row with the deceased over a car loan she had agreed to sign for but subsequently withdrew from. She recounted that Ms Ozolina was intoxicated when they met that evening and became angry at her decision. The accused stated she went to bed and discovered Ms Ozolina the following morning. She later told gardai that another person was present in the house that night. The trial before Mr Justice Patrick McCarthy and a jury continues.
A retired garda civil servant, Cyril Dunne, has denied telling a former colleague that the garda legal team was 'going after' garda whistleblower Sgt Maurice McCabe. The testimony came during the Charleton Tribunal, which is examining whether unjustified grounds were inappropriately relied upon by former garda commissioner Nóirín O'Sullivan to discredit Sgt McCabe at the O'Higgins Commission of Investigation. The commission, which sat in private in 2015, investigated complaints made by Sgt McCabe about certain policing matters in Cavan and serious allegations against senior officers, including then Garda Commissioner Martin Callinan. During his testimony, Mr Dunne stated that he never made the remark attributed to him by John Barrett, a garda human resources executive. Mr Dunne, who held a post equivalent to that of a deputy garda commissioner, said that Commissioner O'Sullivan was 'generally very concerned with a duty of care to everyone, including Sgt McCabe'. He also stated that he was not involved in operational policing issues or in preparations for the O'Higgins Commission. Mr Dunne said he did not recall a meeting with the commissioner and Mr Barrett on either 12 May or 13 May 2015, the days before the commission's first day of hearings. Mr Dunne continues his evidence tomorrow. Earlier, Marion Mannion, a special advisor to Justice Minister Frances Fitzgerald, told the tribunal the minister was 'very firm' that the issues raised by Sgt McCabe needed to be resolved, and hoped the O'Higgins Commission would achieve this.
A daughter testified at the Central Criminal Court that her mother, a 49-year-old Latvian woman, was a contented and healthy person with no medical ailments. The trial concerns Egita Jaunmaize, aged 34, of no fixed abode, who has pleaded not guilty to impeding the apprehension or prosecution of a person in connection with the death of Antra Ozolina at The Old Post, Kilnaleck, County Cavan, in June 2014. The prosecution alleges that Ms Jaunmaize placed a cord around Ms Ozolina's neck to simulate suicide. The defence has conceded that Ms Ozolina's death was not suicide and that another individual caused her death. Evidence heard included testimony from colleagues and acquaintances describing Ms Ozolina as a happy person unlikely to take her own life. A witness who lived nearby described suspicious behaviour by Ms Jaunmaize and another man following the discovery of the body. The trial before Mr Justice Patrick McCarthy continues with a jury of twelve.
A 34-year-old Latvian woman has pleaded not guilty to impeding the apprehension or prosecution of a man in connection with a death in Co Cavan. The trial at the Central Criminal Court heard that Egita Jaunmaize is accused of placing a blue cord around the neck of Antra Ozolina (49) to simulate suicide at The Old Post, Main Street, Kilnaleck on or about June 27 or 28, 2014. A witness testified that Ms Jaunmaize and a man returned to his house at 8am on June 28, behaving strangely and claiming Ms Ozolina had hanged herself. The witness said they asked him not to contact gardaí and left the room repeatedly to speak privately. Defence counsel acknowledged that Ms Jaunmaize accepts Ms Ozolina's death was not suicide and does not dispute that another person caused her death. The trial before Mr Justice Patrick McCarthy continues with a jury of seven men and five women.
A 34-year-old Latvian woman has pleaded not guilty at the Central Criminal Court to impeding the apprehension or prosecution of a person in connection with a death in Kilnaleck, Co Cavan, in June 2014. Egita Jaunmaize is accused of placing a cord around the neck of her housemate, Antra Ozolina, to simulate suicide and hinder investigation into the death. The prosecution alleges Ms Ozolina died from neck compression caused by another person. The defence has acknowledged that Ms Ozolina's death was not suicide and does not dispute that a named individual caused her death. The Crown's opening outlined how initial examination suggested suicide, but subsequent forensic examination by the Deputy State Pathologist revealed blunt force injuries and determined death resulted from neck compression. The trial, before Mr Justice Patrick McCarthy and a jury, is expected to last two weeks.
A County Cavan man pleaded guilty at the Central Criminal Court to sexually assaulting his 15-year-old cousin as she slept beside him at his home in May 2015. He was 18 years old at the time of the offence. The court heard the pair had been raised closely together and that the man had developed a crush on his cousin. Following a birthday party where both drank alcohol, the girl fell asleep in his bed, a normal occurrence between them. She woke during the night aware of his presence and subsequent unusual sensations. The following morning, she confided in her mother. In garda interview, he admitted to touching his cousin inappropriately. A psychologist report noted he was sexually immature, had received no sex education, and his first discussion of sexual consent occurred in the garda station. The victim, now 18, stated in her impact statement that while frightened and emotionally distressed initially, she does not regard him as dangerous.
Egita Jaunmaize, a 34-year-old Latvian woman of no fixed abode, is due to go on trial tomorrow in the Central Criminal Court. She has been charged with impeding the apprehension or prosecution of a man, knowing or believing him to have committed the offence of murder or some other arrestable offence at The Old Post, Main Street, Kilnaleck, Co Cavan, on or about June 27 or June 28, 2014. The prosecution alleges that Ms Jaunmaize placed a blue cord around the deceased person's neck to simulate a suicide. Ms Jaunmaize was arraigned before the court today and pleaded not guilty to the charge. Mr Justice Patrick McCarthy swore a jury of seven men and five women to hear the trial. The proceedings are scheduled to begin tomorrow and are expected to last two weeks. As the matter is at the trial stage and has not yet concluded, no findings, sentences, or final disposals have been recorded. The case remains active, with the accused facing the allegation of obstructing justice regarding a homicide victim.
A Polish national has successfully appealed his sentence for cannabis cultivation at Cavan Circuit Criminal Court. Stanislaw Gronski, aged 44, of Hill Lodge, Drumnawall, Arva, Co Cavan, had pleaded guilty to cultivating cannabis without a licence in Arvagh on 2 November 2015. He received a four-year sentence on 27 May 2016. The Court of Appeal, presided over by Mr Justice Alan Mahon with Mr Justice George Birmingham and Ms Justice Máire Whelan, found the original headline sentence of seven years was inappropriate. The court determined the proper sentence should have been between five and five-and-a-half years. Gardaí had discovered a converted attic containing over 100 cannabis plants valued at approximately €268,000, equipped with sophisticated lighting and ventilation systems. Gronski's role was characterised as that of a "gardener". The appeal court noted mitigating factors including his early guilty plea, cooperation with gardaí, absence of prior convictions, and difficulties faced by foreign nationals in custody. The court re-sentenced Gronski to three-and-a-half years imprisonment from the original sentence date, suspending the balance remaining to be served.
The Charleton tribunal heard that former Garda Commissioner Nóirín O'Sullivan did not give instructions to her legal team regarding whistleblower Sergeant Maurice McCabe's dealings with senior officers, because she lacked direct factual knowledge of the matters. The tribunal is examining whether O'Sullivan relied on unjustified grounds to discredit McCabe at the O'Higgins Commission of Investigation, which sat privately in 2015. McCabe had complained about policing matters and serious allegations against senior officers, including then Commissioner Martin Callinan. Michael McNamee BL and two other barristers represented O'Sullivan and senior officers before the Commission. McNamee said he had not read the Byrne‑McGinn report until June 2015 and that he had received a copy of the report and other documents, but never opened or read it. He also said that individual officers could identify themselves from code names used in a later report by barrister Sean Guerin SC, and that they could face allegations at the O'Higgins Commission.
A senior barrister who cross-examined garda whistleblower Sergeant Maurice McCabe at the 2015 O'Higgins Commission of Investigation has told the Charleton tribunal that his conscience remains clear. Colm Smyth SC represented former Garda Commissioner Noirin O'Sullivan and senior officers during proceedings into complaints about garda conduct in the Cavan Monaghan division. Under examination by Michael McDowell SC on behalf of Sgt McCabe, Mr Smyth stated he had fulfilled his duty to defend his clients' interests and would act identically if required again. He characterised his questioning of the sergeant as probing rather than assault, and said he had put the case instructed by the former commissioner to test the veracity of allegations. Mr Smyth acknowledged not having reviewed certain documentation before a May 2015 letter was drafted, resulting in an inaccurate account of an August 2008 meeting. He denied causing upset through his questioning and said he observed no ill-will towards Sgt McCabe among his instructing clients.
The senior barrister for former Garda Commissioner Noirin O'Sullivan, Colm Smyth SC, told the Charleton tribunal that his legal team was "on red alert" after seeing allegations made by whistle‑blower Sergeant Maurice McCabe in a core booklet circulated before the O'Higgins Commission of Investigation hearings began in May 2015. Smyth said the booklet caused "considerable alarm" and that his clients had serious issues to address. He described McCabe as "the accuser" and noted that some officers were "in a very bad way in relation to the strain they were under." Smyth added that any serious allegations against a Garda would have severe consequences for the officer, their family and future generations. The tribunal is examining whether O'Sullivan inappropriately relied on unjustified grounds to discredit McCabe during the investigation. The article does not report any outcome of the tribunal or further proceedings.
In a hearing before the Charleton tribunal, former Garda Commissioner Noirin O'Sullivan denied accusations of hypocrisy regarding her conduct toward whistleblower Sergeant Maurice McCabe during the O'Higgins Commission of Investigation. O'Sullivan testified that she had invested significant time and effort in supporting McCabe in Mullingar throughout 2014, and that she had not instructed her legal team to challenge his integrity. She explained that as commissioner she had to balance the allegations made by McCabe with the rights of those accused to respond, and that she had not been present at the O'Higgins Commission hearings. O'Sullivan acknowledged factual inaccuracies in a letter prepared by her legal team but said the issue was clarified by Justice O'Higgins. She also disputed claims that former commissioner Martin Callinan retired because of McCabe, calling such allegations a "dark lie." The tribunal was set to resume the following day.
Former Garda Commissioner Nóirín O'Sullivan, speaking before the Charleton tribunal, said she felt isolated after media reports claimed she had directed an attack on whistleblower Sgt Maurice McCabe's integrity at the O'Higgins Commission of Investigation. She argued that selective leaks of a transcript were designed to damage her reputation. O'Sullivan noted that Section 11 of the Commissions of Investigation Act limited her ability to respond publicly to press allegations that McCabe acted out of malice. She maintained she never suggested malice and that her legal team had not instructed her to do so. O'Sullivan described a period of intense activity, including drafting a letter to Minister Frances Fitzgerald to clarify the facts and counter the allegations. She emphasized that the leaks were deliberate and aimed at harming her position and reputation. The tribunal heard her account of the events surrounding the O'Higgins report and the subsequent media coverage.
Former Garda Commissioner Nóirín O'Sullivan told the Charleton tribunal today that she faced an "almost impossible dilemma" in supporting whistleblower Sergeant Maurice McCabe while simultaneously having his evidence tested at the O'Higgins Commission of Investigation in 2015. The tribunal is examining whether unjustified grounds were inappropriately used to discredit Sergeant McCabe during proceedings into his complaints of garda malpractice in the Cavan-Monaghan Division. Ms O'Sullivan said she never believed Sergeant McCabe acted in bad faith and was "absolutely committed" to supporting him on workplace issues. She described having recognised that his evidence required testing as a witness before the Commission, and acknowledged this may have altered his perception of her intentions. Ms O'Sullivan said she reconfirmed instructions to her legal team on 15 May 2015 after a legal dispute arose, stressing she had not instructed counsel to challenge Sergeant McCabe's integrity. Her evidence continues tomorrow.
A jury has been discharged at Dublin Circuit Criminal Court in the retrial of a Cavan childminder accused of causing serious harm to a baby. Sandra Higgins, aged 36, of Drumgola Wood, Cavan town, denies intentionally or recklessly causing serious harm to a ten-month-old child at her home on 28 March 2012. The jury was empaneled on Monday morning for a trial scheduled to last two weeks, but a legal issue emerged that afternoon. Judge Cormac Quinn determined the trial could not proceed and discharged the jury on Tuesday morning. Ms Higgins was remanded on continuing bail. This marks the third trial in the case, with previous proceedings having attracted media attention. A new trial date has been set for 11 June. Evidence is expected from civilian and gardaí witnesses from County Cavan, with the defence potentially calling a paediatrician from Wales.
A truck driver from Cavan has been sentenced to four years' imprisonment following his conviction for drug smuggling at Dublin Circuit Criminal Court. Maurice McCreesh, aged 38 and resident in Lisreagh, pleaded guilty to possessing cocaine for sale or supply. Gardaí discovered nearly 15 kilos of cocaine, valued at over €1 million, concealed in his truck at Dublin Port on 12 September 2015. The defendant initially claimed to be a customs informant but subsequently admitted transporting the drugs from Liverpool to Dublin on behalf of criminals to whom he owed money. The court heard McCreesh had been coerced into the arrangement following financial pressure and had spent time in hiding from the gang involved. Judge Martin Nolan imposed the sentence having regard to the seriousness of the offence, while acknowledging the defendant's co-operation with gardaí and absence of previous convictions.
A jury has been empanelled at Dublin Circuit Criminal Court for the second retrial of a Cavan childminder accused of causing serious harm to a baby. Sandra Higgins, aged 36, of The Beeches, Drumgola Wood, Cavan town, denies intentionally or recklessly causing serious harm to a ten-month-old infant at her home on 28 March 2012. Judge Cormac Quinn instructed the jury panel that the case had previously proceeded to trial twice. The court heard allegations that the baby presented at hospital with non-accidental injuries on the date in question. Evidence is expected from civilian and garda witnesses from County Cavan, with the defence potentially calling a paediatrician from Wales. The jury was sworn in but sent home following a legal issue and was due to return the following day. The trial is expected to last approximately two weeks.
Ronald Flynn (54), of Mount Nugent, Ballyjamesduff, Co Cavan, has been sentenced to two years in jail following his guilty plea at Dublin Circuit Criminal Court to possessing just under 10kg of cannabis at Citywest Avenue, Citywest Business Park, Dublin on November 19, 2015. Flynn admitted to the charge and was found guilty. The court heard that Jason Flynn, currently serving a five-year sentence for drugs offences, had accrued a drug debt, which was then transferred to his father. Jason Flynn wrote a letter from prison appealing for leniency for his father, stating it was 'all his fault'. Judge Martin Nolan acknowledged that Ronald Flynn felt 'coerced' to take part in the operation as he was told his son would be 'killed by Christmas'. However, the judge noted that Flynn, a 'mature man', made a decision to involve himself in serious crime. Detective Garda William Armstrong testified that he posed as a UPS delivery man to intercept the parcel of drugs, valued at €198,900. Flynn was arrested after collecting the package and made full admissions. Flynn has 19 previous convictions, mainly for road traffic offences. Michael Bowman SC, defending, stated that Flynn was threatened with the death of his son unless he collected the drugs. The judge agreed to stay the start of the sentence until February 26 next. The matter was adjourned for the purposes of appeal.
A bookkeeper from Virginia, County Cavan, has avoided imprisonment after admitting theft from a Dublin creche. Elizabeth Ingram (61) pleaded guilty at Dublin Circuit Criminal Court to stealing €14,000 from Ballyfermot Resource Centre during 2011 and 2012. Judge Melanie Greally imposed 240 hours of community service in lieu of a one-year prison sentence. The court heard Ingram had worked in bookkeeping at the resource centre for eight years before the thefts were uncovered during a mandatory Government funding audit. She admitted taking approximately €100 from every €1,000 in creche payments over several weeks, plus €800 from the centre's restaurant. Ingram repaid the full amount by bank draft following her admission. Judge Greally acknowledged the serious breach of trust but noted Ingram was under financial pressure at the time and described the offence as uncharacteristic of an otherwise law-abiding woman who raised four children as a single parent.
A man from Co Dublin has lost his appeal against a High Court ruling that refused him access to information supporting a garda search warrant. Francis McGuinness sought the documentation in connection with a civil action against the Garda Commissioner and State regarding a search of his premises, a vehicle storage yard at Cloghran, conducted in August 2014. The search was carried out as part of an investigation into a serious fire attack on the Quinn group packaging plant at Ballyconnell, Co Cavan, in March 2014. A modified jeep was driven into the plant's lobby, causing approximately €600,000 damage with over thirty employees present. Gardaí claimed public interest and informer privilege over the warrant application details, citing risk to confidential sources. The Court of Appeal upheld the High Court's decision, with Mr Justice John Edwards stating Mr McGuinness had failed to demonstrate any infirmity in the original judgment or relevance of the disputed document.
A trial date of 2 October 2018 has been set at the Special Criminal Court for five men charged in connection with the murder of dissident republican Peter Butterly. The 35-year-old was fatally shot outside The Huntsman Inn in Gormanston, County Meath on 6 March 2013. Books of evidence were served on the defendants during proceedings before the non-jury court. Michael McDermott of Ballinagh, County Cavan faces charges including murder, membership of an unlawful organisation, and unlawful possession of a firearm and ammunition. Kevin Braney of Tallaght, Dublin and Frank Murphy of Bettystown, County Meath face similar charges. Laurence Murphy of Bettystown and Ray Kennedy of Blanchardstown, Dublin are charged with membership of an unlawful organisation. The trial is estimated to last up to ten weeks. Additional legal representation has been approved for each defendant.
A Cavan man has been sentenced to five years imprisonment at Dublin Circuit Criminal Court following his guilty plea to offences against a 14-year-old boy. Michael Galligan, aged 40 and residing in Springfield, Cavan, pleaded guilty to three counts of defilement of a child under 15 years and two counts of sexual assault. The offences occurred in 2015 after the accused made contact with the complainant through a website. The court heard they met on three occasions that year. Judge Martin Nolan imposed a seven-year sentence with the final two years suspended on strict conditions. The judge noted Galligan should have recognised the boy's age after their first meeting. Galligan, who holds previous convictions including sexual assault and breach of sex offenders legislation, has been in custody since 2015. His defence counsel highlighted his early guilty plea and cooperation with psychiatric services while in prison.
A man pleaded guilty at Dublin Circuit Criminal Court to the attempted robbery of a flower shop on Aungier Street in Dublin on 26 November 2015. Andrew Cash, aged 26 and of no fixed abode, produced a Stanley blade and pointed it at the pregnant shop owner's stomach during the incident. The woman, noticing Cash appeared to be under the influence of drugs, managed to grab his arm and push and kick him from the premises. The blade was recovered at the scene. Cash was identified through CCTV footage and arrested several months later whilst serving a sentence in Cloverhill prison for another offence. He has 50 previous convictions including burglary, attempted robbery and assault. The defence submitted that the offence was not premeditated and lasted approximately 10 seconds, with Cash reportedly having recently reconnected with his family in Cavan. Judge Karen O'Connor adjourned the case pending a probation report and remanded Cash in custody until sentencing on 21 December 2017, acknowledging the gravity of threatening a pregnant woman with a blade.
Michael Kinsella, aged 25 and formerly of Ardkeen, County Cavan, has been sentenced to three years' imprisonment for assaulting a fellow prisoner at Wheatfield Prison on 13 April 2012. At Dublin Circuit Criminal Court, Judge Karen O'Connor heard that Kinsella slashed the victim's face with a weapon, causing injuries requiring nine stitches. Kinsella, who is currently serving a 15-year sentence for manslaughter in relation to the 2011 death of Adil Essahli in Dublin, pleaded guilty to assault causing harm. The judge ordered the three-year sentence to run concurrently with his existing sentence, meaning no additional time will be served. The court was informed that Kinsella has engaged in educational and rehabilitative programmes while in custody and is not due for release until 2025. Michael Kinsella was convicted.
The Charleton tribunal heard evidence on October 23rd regarding threats made against Garda Keith Harrison's life in October 2013. Chief Superintendent Terry McGinn of Donegal division outlined how two anonymous 999 calls on 4th and 5th October reported threats against Garda Harrison. The first call described an overheard conversation in a Strabane bar, and the second indicated the threat originated from a relation of Martin McDermott, who was imprisoned following a manslaughter conviction. McDermott was the brother of Garda Harrison's partner. The threats were assessed as substantial, leading to security measures and restrictions on Garda Harrison's movements. A mobile phone subsequently located in Portlaoise Prison resulted in McDermott's release date being postponed. The tribunal also examined contacts between gardaí and HSE/Tusla regarding Garda Harrison. Superintendent Eugene McGovern, stationed in Buncrana, confirmed attending meetings with Tusla management but stated that individual cases were not discussed at such forums. A referral concerning Garda Harrison's partner and her children resulted in no further action pending additional information.
Four men appeared before an out-of-term sitting of the Special Criminal Court on charges arising from the death of Peter Butterly. Mr Butterly, aged thirty-five, was shot outside The Huntsman Inn in Gormanston, County Meath on 6 March 2013. Michael McDermott, aged fifty-eight, from Ballinagh, County Cavan, faces a murder charge alongside allegations of membership of an unlawful organisation and unlawful possession of a firearm and ammunition. Laurence Murphy, aged sixty, and Frank Murphy, aged fifty-eight, both from Bettystown, County Meath, are charged with membership of an unlawful organisation. Frank Murphy additionally faces murder and firearm possession charges. Ray Kennedy, aged thirty-eight, from Dublin, is charged with membership of an unlawful organisation. All four were remanded in custody pending their return to the Special Criminal Court on 14 September.
A retrial date has been set for a Cavan childminder charged with causing serious harm to an infant. Sandra Higgins, aged 36, of The Beeches, Drumgola Wood, Cavan town, denies intentionally or recklessly causing serious harm to a baby at her home on 28 March 2012. Judge Karen O'Connor at Dublin Circuit Criminal Court scheduled the new trial to commence on 15 January 2018, with proceedings expected to last eight days. The previous jury was discharged after a juror accessed information online, and an earlier jury in 2015 failed to reach a verdict.
The Charleton Tribunal has concluded its first module of proceedings examining allegations that garda whistleblower Sergeant Maurice McCabe was targeted by a smear campaign orchestrated by senior Garda management. Hearings will resume on 18 September to consider complaints from Garda Keith Harrison. The completed module investigated how a file containing false allegations of sexual abuse against Sgt McCabe, created and distributed by TUSLA, came into Garda possession in 2013 and whether senior officers knowingly used this information to discredit him. Proceedings also examined what knowledge former Commissioner Martin Callinan and current Commissioner Noirin O'Sullivan possessed regarding the false allegations. Evidence heard during the module revealed administrative errors in handling notifications between health services and gardaí. A principal social worker in the Cavan Monaghan district acknowledged failing to identify that an incorrect allegation, previously corrected, had been repeated in correspondence prepared in 2015. A further erroneous reference to Sgt McCabe threatening a complainant remained undetected in an amended notification despite review.
A 28-year-old man from Tallaght has been sentenced to 20 months imprisonment at Dublin Circuit Criminal Court after pleading guilty to stealing five iPhones from Three mobile phone stores across the country between November 3 and 7, 2015. Viorel Rostas participated in robberies in Navan, Cavan, Letterkenny in Donegal, and Tralee and Killarney in Kerry. Rather than stealing the phones himself, Rostas acted as a distraction or obstructed staff attempting to prevent the thefts while accomplices took the devices, which were collectively valued at over €3,500. Judge John Aylmer considered Rostas's guilty plea and €1,000 compensation offered as mitigating factors, but noted his previous convictions for theft made a suspended sentence inappropriate. The court heard Rostas became involved following his mother's death and financial pressure from a loan taken for funeral expenses in Romania. None of the five phones were recovered by gardaí.
A garda whistleblower was subjected to hostility and bullying within the Cavan-Monaghan division, the Charleton tribunal heard. Sergeant Maurice McCabe's barrister told the inquiry that whilst some garda witnesses claimed never to have discussed the sergeant, evidence indicated he faced considerable animosity from certain quarters, including being called a "rat" on social media. Retired Chief Superintendent James Sheridan acknowledged awareness of the bullying but denied any personal involvement in undermining Sergeant McCabe or conspiring to damage his reputation. The tribunal examined an erroneous HSE notification containing incorrect sexual abuse allegations against Sergeant McCabe, which Mr Sheridan characterised as a catastrophic error attributable to the HSE rather than gardaí. He stated that follow-up actions agreed at a July 2014 meeting were not pursued, though rejected suggestions this was deliberate. The original 2006 complaint against Sergeant McCabe resulted in the Director of Public Prosecutions directing no prosecution.
The Charleton tribunal heard that Sergeant Maurice McCabe was forced to retreat into his garda station following a confrontation with family members of the woman who alleged he sexually assaulted her. In 2007, the DPP recommended against bringing charges, stating there was no evidence an offence had been committed. The tribunal is examining claims of a smear campaign against Sgt McCabe. In 2008, Sgt McCabe wrote to Superintendent Michael Clancy regarding incidents involving the accuser's father, a garda colleague. Inspector Noel Cunningham, who had previously investigated the 2007 allegations, was instructed to investigate the 2008 claims despite knowing both parties. Sgt McCabe subsequently went on sick leave and was transferred to Mullingar. Supt Cunningham denied taking part in a smear campaign or ignoring a 2013 letter from HSE social worker Keara McGlone, who is the applicant in this matter. Retired Chief Superintendent James Sheridan stated he believed the sexual assault allegation against Sgt McCabe could not be right. In May 2014, a Tusla notification containing an inaccurate allegation was sent to Bailieboro Garda Station. Superintendent Leo McGinn recommended a review by officers outside the Cavan-Monaghan division, noting the DPP's non-prosecution direction. He stated he had no animus toward Sgt McCabe and did not meet him. A July 2014 meeting in Mullingar discussed the confusion over different allegations and cut-and-paste errors, with minutes sent to the garda commissioner's office.
At the Charleton tribunal on 19 July, the inquiry into whether Sergeant Maurice McCabe was targeted by a smear campaign heard testimony from Superintendent Noel Cunningham. The tribunal examined a 2006 investigation into allegations of indecent assault made against Sgt McCabe by a child, with Supt Cunningham having recommended to the Director of Public Prosecutions that no prosecution proceed. The DPP accepted this recommendation. Supt Cunningham acknowledged that when informing Sgt McCabe of the decision, he conveyed only that there was insufficient evidence, leaving uncertainty about the allegation's merit. The superintendent stated that following the investigation, Sgt McCabe indicated the process had fundamentally altered his trust in others. The tribunal also heard evidence concerning a 2013 letter from the child and family agency Tusla requesting a meeting regarding abuse allegations, which Supt Cunningham said he had mislaid. He stated he later located the correspondence during a subsequent search. Sgt McCabe and Mr D were both stationed in Bailieboro, County Cavan. The tribunal continues.
A 28-year-old man from Tallaght has pleaded guilty at Dublin Circuit Criminal Court to his involvement in the theft of five iPhones from mobile phone stores across the country between November 2015. Viorel Rostas admitted to taking part in robberies at outlets in Navan, Cavan, Letterkenny, Tralee, and Killarney over a five-day period, with the stolen handsets valued at over €3,500. During each incident, Rostas acted as a distraction or obstructed attempts to prevent the thefts while accomplices removed the phones. The robberies occurred during business hours and were recorded on store CCTV; none of the phones were recovered. Detective Garda evidence indicated Rostas was part of a group of four involved in the thefts. The defence outlined that Rostas took a €10,000 loan to finance his mother's funeral in Romania following her death in July 2015, subsequently agreeing to participate in the robberies due to pressure from the lender. Rostas, who has lived in Ireland over twenty years, has seventy-one previous convictions. Judge John Aylmer adjourned the case for sentencing on 24 July.