A social worker with Tusla told the Charleton tribunal that she received an incomplete version of files relating to Garda whistleblower Sergeant Maurice McCabe when asked to review them. Clare Tobin, who works with the Sexual Abuse Regional Team, said significant documents were missing from the material sent to her, including a record of a 2007 Director of Public Prosecutions decision directing no prosecution of Sergeant McCabe due to lack of evidence. The tribunal, which is examining the creation and distribution of files by Tusla and the HSE containing false allegations against Sergeant McCabe, heard that Ms Tobin could not determine whether the omissions resulted from professional negligence or deliberate intent. She characterised the file management as poor and emphasised that such allegations against members of An Garda Síochána require sensitive and immediate handling.
Sgt Tony Byrne, a Garda liaison officer with Tusla, testified at the Charleton tribunal that he never saw a May 2014 notification containing a false allegation of sexual abuse against Sgt Maurice McCabe. Byrne stated he first became aware of the document, sent to Bailieboro Garda Station, only when the tribunal began. He described it as unusual for a report to be sent to gardaí regarding a case already investigated, which led to the DPP deciding not to bring charges in 2007. Byrne also confirmed he did not see a second notification sent in June 2014 that corrected the false allegation. Counsel Michael McDowell, representing McCabe, noted that Supt Leo McGinn had referred the initial notification to the chief superintendent of the Cavan-Monaghan division for potential cold case investigation. Byrne further testified that he felt uncomfortable when Tusla social worker Kay McLoughlin, the applicant, asked about McCabe at a 2015 liaison meeting, recalling the conversation only because McCabe was a public figure. The tribunal is examining claims that these allegations were used to smear McCabe's reputation. The matter is currently at the hearing stage.
A man is on trial at the Central Criminal Court charged with the murder of two elderly brothers found beaten to death in their Castlebar home in July 2013. The accused, aged 30 and from Ballina, Co Mayo, has admitted killing the brothers but pleaded not guilty to murder. Evidence heard during the trial revealed that hours before the deaths, the defendant claimed to be a medical student and told people in a local public house that he worked in the mortuary and would conduct post-mortems on any bodies discovered that night. He also made allegations against another man present in the establishment, suggesting he posed a threat to his wife. Witnesses testified that the brothers were known as harmless and quiet members of the Castlebar community. One barman recalled regularly delivering tea to the brothers and witnessing the defendant in their company on the night in question. The trial continues before Mr Justice Paul Coffey and a jury.
In a Charleton tribunal hearing, Gerard Lowry, Tusla's Cavan‑Monaghan manager, denied any coordination or collusion with Gardaí in creating files that alleged sexual abuse against whistle‑blower Sergeant Maurice McCabe. Lowry stated there was no contact with Gardaí regarding the file. The tribunal is examining claims that such allegations were used to smear McCabe's reputation. The DPP had previously declined to press charges in 2007 due to lack of evidence. In January 2016, McCabe's solicitors wrote to Tusla after receiving a letter from social‑work team leader Kay McLoughlin containing false allegations of serious sexual abuse. Tusla responded in June 2016, withdrawing the false allegation and adding a new claim that McCabe had "humped" a girl during a game of hide and seek. McCabe denied ever playing hide and seek, citing his child's special needs.
During the Charleton tribunal, Gerard Lowry, Tusla's area manager for Cavan‑Monaghan, testified that the series of errors leading to false child‑abuse allegations against Garda whistle‑blower Maurice McCabe were "absolutely coincidences." Lowry admitted he did not remember McCabe attending child‑protection meetings, but tribunal barrister Pat Marrinan cited evidence that McCabe had been present at meetings in 2004 and on core teams. Lowry explained that an email in 2014 identified McCabe as "MMcC" and referred to allegations made to RIAN by Ms D in 2006; unrelated allegations from Ms Y were mistakenly added to McCabe's file. He acknowledged failing to correct records once the errors were discovered and not checking RIAN's false information about a rape offence. Marrinan highlighted that Tusla was aware of the errors yet did not resolve them promptly, and that a draft letter with false allegations was circulated in late 2015. The tribunal continued the next day.
A social worker told the Charleton tribunal she received no contact after an error in child protection records relating to Garda whistleblower Sergeant Maurice McCabe came to light. Laura Connolly, a duty social worker in Cavan, reviewed a file in April 2014 on a woman who had made allegations against Sgt McCabe. Records she subsequently created for his children erroneously contained allegations from an unrelated case, added to the original file by mistake in 2013. When the child protection service identified the error in May 2014, Ms Connolly was not contacted about it. Cross-examined by counsel for Sgt McCabe, she acknowledged the "total silence" surrounding the mistake and said she had no explanation for why nobody raised the matter with her. She told the tribunal she did not realise the significance of her involvement until reviewing the complete files in June 2017.
A social worker has told the Charleton tribunal that administrative error led her to fail to identify that two distinct alleged abuse victims were listed within a single report file. The tribunal is examining claims that allegations of sexual abuse were deployed to undermine garda sergeant Maurice McCabe, a whistleblower. Laura Connolly, a duty social worker in Cavan town, gave evidence that separate incidents were combined into one document during 2014. She acknowledged that while reviewing materials, she did not notice that different surnames appeared in the report, attributing this to oversight and human error. Ms Connolly said she would have relied upon written professional records rather than telephone conversation notes. The Director of Public Prosecutions declined to prosecute in the matter in 2007 due to insufficient evidence. The tribunal heard that Ms Connolly only became aware of her involvement when contacted by a tribunal investigator, and that media coverage of Sergeant McCabe's whistleblowing role held no particular significance for her. Proceedings continued.
A 61-year-old woman from Virginia, County Cavan pleaded guilty at Dublin Circuit Criminal Court to stealing approximately €14,000 from Ballyfermot Resource Centre in Dublin during 2011 and 2012. Elizabeth Ingram worked as a bookkeeper at the resource centre for eight years prior to the offences. During a routine audit, financial discrepancies were identified. When confronted by management in June 2012, Ingram admitted taking the money and subsequently provided a bank draft for full repayment. She told gardaí in interviews that she had always intended to repay the funds, which she had taken to cover personal bills by withdrawing small amounts from creche payments over several weeks. She also admitted to stealing €800 from the centre's restaurant. Ingram, who has no previous convictions, has since lost her employment. Judge Melanie Greally adjourned sentencing to October 20th pending a probation report.
The Charleton Tribunal, examining allegations that sexual abuse claims were weaponised against garda whistleblower Sergeant Maurice McCabe, heard evidence on the handling of a false allegation originating from Bailieboro Garda Station in County Cavan in 2013. Justice Peter Charleton stated he required information about how gardaí discovered the allegation was erroneous and how it subsequently reached senior officers in Sligo and Dublin. The tribunal also examined a 2015 letter from Tusla to Sergeant McCabe regarding his children. Counsel for the Garda Commissioner indicated that while Superintendent Leo McGinn initially believed the report warranted external investigation, it was rapidly established as a repeat of a 2006 matter requiring no further action. A director of counselling with RIAN testified about incorrect records sent by HSE Child & Family Services in error, confirming the information stemmed from a cut-and-paste error. The witness acknowledged the gravity of the mistake for Sergeant McCabe's reputation but stated the agency had not contacted him about the allegations.
A clinical psychologist testified at the Disclosures Tribunal on Tuesday that she experienced considerable distress upon discovering she had inadvertently included more serious sexual abuse allegations in a 2013 counselling report concerning Garda Sergeant Maurice McCabe. Laura Brophy, employed by RIAN, a HSE-funded counselling service, told the tribunal that whilst meeting with a client in July 2013, she accurately recorded initial allegations of inappropriate touching. However, when preparing a formal written report following a subsequent session, allegations from an unrelated case involving another client were erroneously included in the document. Ms Brophy stated the error was identified in May 2014 when the original client contacted her. She said she immediately notified her supervisor and relevant authorities, including gardaí at Bailieborough station and the HSE, to request retrieval and correction of the inaccurate report. The tribunal, examining an alleged smear campaign against Sergeant McCabe, is investigating whether State agency files were improperly used by senior gardaí. Ms Brophy's evidence continues.
In July 2017, a Tribunal Judge, Justice Peter Charleton, noted that allegations of child sexual abuse against Garda whistleblower Sergeant Maurice McCabe "came out of the blue" when they were presented to him nine years after the initial claim. Social worker Rhona Murphy testified that a Garda colleague named McCabe as the alleged abuser of his daughter, Ms D. The allegations surfaced after Ms D was referred to social workers for a separate issue in September 2005, and a statement was made to Gardai in December 2006. McCabe was not interviewed by social workers, and a meeting in April 2007 recorded that he should be offered a risk assessment. The DPP decided against prosecution, Ms D disengaged, and the child sexual abuse team closed the case in October 2007. Ms Murphy noted that McCabe had never been met by a social worker regarding the allegations.
Two brothers from Belturbet, County Cavan, were each ordered to complete 180 hours of community service after admitting theft from a charity bar at a Dublin music festival. John McGinley, 25, and his younger brother Conal McGinley, 22, had pleaded guilty to stealing a combined €8,645 while working behind the bar for Workers Beer Company at Marlay Park on 8 July 2016. Dublin Circuit Criminal Court heard that Workers Beer Company raises funds at music festivals. Gardaí observed the brothers putting cash into their pockets rather than into the charity collection during the first day of the three-day event. When they were arrested that evening, John McGinley had €4,145 on him and a further €1,130 in his car. Conal McGinley had €1,860 on him, with additional cash found in the vehicle. The court heard that John McGinley had held a finance-sector job in London but had accumulated gambling debts in the UK. His counsel said he had since left that role, returned to Ireland and addressed the debt with help from his family. Conal McGinley was completing a business degree and his counsel said he had taken the money to help his older brother. Both made immediate admissions when interviewed by gardaí and had no previous convictions. Judge Cormac Quinn said the brothers were educated young men from a good family who had already experienced stigma and lost employment opportunities because of the case. He ordered each to carry out 180 hours of community service within a year in place of an eleven-month prison sentence. The judge initially proposed twelve months, but reduced it after submissions about the effect of that term on future travel and immigration opportunities. The community-service orders brought the prosecution to a conclusion after the brothers' earlier guilty pleas. The report is based on Courts News Ireland coverage of the sentencing hearing.
A Medical Council fitness to practice inquiry has found Dr Salah Aziz Ahmed, a consultant obstetrician and gynaecologist, guilty of one count of poor professional performance. The finding relates to his care of Patient C, specifically his failure to decide that immediate delivery by emergency caesarean section was required. Dr Aziz was found not guilty of poor professional performance regarding six other allegations that were proven as to fact, and he was cleared of professional misconduct on two counts. The inquiry examined his care of three women at Cavan General Hospital between 2012 and 2014. In relation to Patient A, the committee found he increased syntocinon administration despite evidence of hyperstimulation, performed an unjustified episiotomy, and failed to catheterise her before surgery. Regarding Deirdre Clarke, who waived anonymity, the committee found he directed syntocinon increases and maintained infusion levels while she was in labour, increasing the risk of uterine rupture. For Patient C, the committee found he failed to decide on immediate surgery and failed to attend the hospital within an adequate timeframe to assess her. Dr Aziz admitted as to fact the single allegation found to amount to poor professional performance. His legal counsel argued for a sanction on the lower end of the scale, noting he demonstrated insight and that no allegation claimed the outcome for Patient C's baby would have differed with earlier delivery. Sanctions will be determined at a later date by the Medical Council.
A retrial at Dublin Circuit Criminal Court has collapsed following a juror's internet research into a witness in the case. The jury had retired to consider their verdict when a juror informed Judge Martin Nolan that the jury foreman had disclosed she had googled background information about one of the witnesses. The juror stated she felt compromised and unable to deliberate fairly. Judge Nolan discharged the entire jury after confirming the foreman's conduct. Sandra Higgins, aged 36, of Cavan town, Co Cavan, had pleaded not guilty to intentionally or recklessly causing serious harm to a ten-month-old child at her home on 28 March 2012. The prosecution alleged the infant was assaulted and subsequently presented to hospital with serious injuries. This was the second trial; the first jury failed to reach a verdict. Judge Nolan indicated the Director of Public Prosecutions will consider whether to proceed with a third trial, emphasising the importance of fair trial proceedings. Higgins was remanded on continuing bail, with the matter adjourned to 11 May.
A retired consultant paediatrician has told Dublin Circuit Criminal Court that the pattern of injuries sustained by a ten-month-old child indicated non-accidental harm. Dr Christopher Woods, who reviewed the child's medical files, stated that the combination of head injuries, eye trauma, rib fractures, bruising and other injuries occurring simultaneously was consistent with non-accidental injury. Sandra Higgins, aged 36, of The Beeches, Drumgola Wood, Cavan Town, has pleaded not guilty to intentionally or recklessly causing serious harm to the child on 28 March 2012 whilst minding her at her home. A defence neurologist suggested that whilst accidental injury could theoretically cause such symptoms, this would be extremely rare. The trial heard closing speeches are scheduled to begin before Judge Martin Nolan on Tuesday. A court order prohibits publication of the child's identity.
A ten-month-old girl presented with injuries consistent with abusive head trauma when admitted to Temple Street Children's Hospital in Dublin in April 2012, a trial at Dublin Circuit Criminal Court heard. Sandra Higgins, aged 36, of The Beeches, Drumgola Wood, Cavan, has pleaded not guilty to intentionally or recklessly causing serious harm to the child at her home on 28 March 2012. Higgins was working as a childminder at the time. Paediatric consultant Prof Alf Nicholson described the infant's condition upon admission, which included bilateral retinal bleeding, brain bleeding, rib fractures, and facial bruising. He stated these findings were classic indicators of abusive head trauma. Prof Michael O'Keefe, a consultant surgeon at Temple Street, confirmed the presence of haemorrhages behind both eyes and retinal detachment. The child's condition improved significantly, with bleeding resolving by June 2012. The trial, before Judge Martin Nolan and a jury, continues.
A childminder accused of causing serious harm to a ten-month-old infant pleaded not guilty at Dublin Circuit Criminal Court to the charge. Sandra Higgins, aged 36, of The Beeches, Drumgola Wood, Cavan town, is alleged to have intentionally or recklessly caused serious harm to the baby at her home on March 28, 2012. During garda interview, Ms Higgins denied that the child was violently shaken or assaulted while in her care. She told gardai she drove the infant to hospital after the baby suffered a seizure at her home. Medical evidence presented to the court indicated the child presented with unusual bruising, subdural haematoma, healing rib fractures, and bilateral haemorrhage behind the eye. Ms Higgins maintained she had cared for the child since June 2011 and that the baby experienced falls within her home. A detective garda confirmed during cross-examination that Ms Higgins had been cooperative throughout questioning. The trial continues before Judge Martin Nolan and jury.
A childminder has gone on trial at Dublin Circuit Criminal Court charged with intentionally or recklessly causing serious harm to a ten-month-old infant in her care in Cavan. Sandra Higgins, aged 36, of The Beeches, Drumgola Wood, Cavan town, has pleaded not guilty to the charge relating to an incident on 28 March 2012. The court heard that the child was presented to Cavan General Hospital with seizures and extensive bruising to her face and head. A consultant paediatrician described the injuries as consistent with shaken baby syndrome and stated it was his conclusive view they occurred on the day of hospitalisation. The defence contends that precise dating of injuries is not certain and disputes allegations that entries in a childminding diary were altered. The child's mother gave evidence of her growing concerns following earlier incidents involving bruising. The trial continues before Judge Martin Nolan and a jury.
Two brothers from Belturbet, County Cavan, admitted stealing more than €8,000 while working behind a charity bar at a Dublin music festival. John McGinley, 25, pleaded guilty to taking €5,275 and his younger brother Conal McGinley, 22, admitted taking €3,370 from the Workers Beer Company operation at Marlay Park on 8 July 2016. Dublin Circuit Criminal Court heard that Workers Beer Company raises funds through bars at music festivals. Gardaí observing the first day of the three-day event saw the brothers putting cash into their pockets rather than into the charity collection. When the pair were arrested that evening, money was found in their clothing, footwear and vehicle. John McGinley had €4,145 on him and €1,130 in his car. Conal McGinley had €1,860 on him, with further cash recovered from the vehicle. Both brothers pleaded guilty to one count of theft and made immediate admissions in interviews with gardaí. The court heard that they had no previous convictions. Their address was given as Naughan, Belturbet, Co Cavan. John McGinley had held a job at a London financial firm. Defence counsel said he had fallen into debt while gambling in the UK and had become indebted to loan sharks. The defence described the theft as a desperate attempt to raise money towards that debt. The court also heard that he had left his London job, returned to Ireland and attended Gambling Anonymous. Conal McGinley was in the final year of a business degree. His counsel said he had acted to help his brother, but that the case had put his future career at risk. A letter from the brothers' father was handed to the court. Judge Cormac Quinn remanded both men on bail for sentencing on 14 June. They were later ordered to complete 180 hours of community service each. This LocalNews report is an original account based on the contemporaneous Courts News Ireland court report.
At the Central Criminal Court, Michael McCarville, aged 49, from Longfield, Lisboduff, Cootehill, County Cavan, has been sentenced to 20 years imprisonment for the sexual abuse of seven siblings over an 18-year period beginning in 1982. McCarville pleaded guilty in December to 52 sample charges including rape and indecent assault, arising from a total of 187 counts. The offences occurred on a family farm where he worked as a labourer, with victims aged between seven and thirteen at the time of initial abuse. The attacks continued until 1999 and took place in various locations including farm buildings and the family home. During sentencing at the Central Criminal Court, Mr Justice Patrick McCarthy noted the seriousness of the crimes, describing them as a grave breach of trust, though he credited the guilty plea. Five of the seven adult victims presented impact statements to the court. McCarville has been ordered to complete five years post-release supervision following his sentence.
The High Court has granted a Mareva injunction freezing assets valued at €2.37 million belonging to a County Galway man, following allegations that he provided false evidence during examination before the Master of the High Court. AIB Mortgage Bank obtained the order against Joe McCaul of Roveagh Kilcolgan and two others. The bank claims Mr McCaul denied involvement in collecting rental income of approximately one million euros from properties between January 2012 and July 2015, stating instead that agents of a private trust handled such matters. However, AIB contends this contradicts documentary evidence, including rent receipts signed by Mr McCaul and records of agreed rent reductions. Mr McCaul owns a shopping centre in Clarinbridge and properties across Galway and County Cavan. A receiver was appointed over the properties following a judgment of €2.37 million obtained in 2015. Similar asset-freezing orders were also granted against Mr McCaul's wife and another individual. Mr Justice Paul Gilligan adjourned the matter for one week.
A 53-year-old Cork man accused of membership of an unlawful organisation styling itself the Irish Republican Army has pleaded not guilty to the charge. The Special Criminal Court in Dublin heard that Martin McHale told gardaí he travelled to Monaghan in November 2013 for "a drinking session" and was unaware that a borrowed van contained bags of nitrogen fertiliser. Detective Garda Emmett Ryan told the court he became suspicious when Mr McHale and another man could not adequately explain their presence at a filling station in Monaghan town, an area monitored for dissident activity. Gardaí subsequently discovered fertiliser in the vehicle. Dr Thomas Hannigan of Forensic Science Ireland gave evidence that the material contained 79 per cent ammonium nitrate by weight and could be used as an ingredient in improvised explosive mixtures, though he could not determine the material's intended purpose. Mr McHale denies IRA membership and political involvement. The three-judge trial continues.
A High Court judge has dismissed an appeal by a Cavan couple against a bank repossession order, while strongly criticising unqualified advisers giving flawed legal guidance to homeowners in financial difficulty. Mr Justice Seamus Noonan rejected all grounds of the application by Mark Flynn and Mairead Flynn from Derry Shercock, who sought to set aside a Cavan Circuit Court order granting KBC Bank possession of their home. The judge expressed serious concern about "shadowy advisers" and "hob lawyers" who lack legal qualifications yet charge vulnerable people for defective counsel about their rights. He noted the applicants had claimed entitlement to transfer their mortgage to an entity called the People's Mortgage Protection Vehicle under legislation, which the judge described as "utterly misguided and spurious". The judge stated that people facing financial distress compound their problems by consulting unregulated advisers offering false hope, and recommended engagement with qualified representatives or organisations such as MABS and the Insolvency Service of Ireland instead.
A judicial review challenge to An Bord Pleanála's approval of a North-South electricity interconnector has been brought before the High Court. The applicant, David Malone, seeks to have the board's December 2016 decision quashed. The proposed interconnector is to extend from Batterstown in Meath to Turleenan in County Tyrone, comprising almost 300 pylons across Meath, Cavan and Monaghan. Mr Malone contends the decision is unlawful and breaches national and EU law, citing failures to implement Environmental Impact Assessment directives and Planning and Development Act provisions, along with non-compliance with EU Public Participation Directives. EirGrid, the infrastructure operator, is a notice party. Mr Justice Seamus Noonan heard the application on Monday and adjourned the matter for one week to permit technical amendments to the statement of grounds. The interconnector proposal faced objections from approximately 200 landowners citing health and environmental concerns.
Michael Kinsella, aged 24, has been sentenced to two years imprisonment at Dublin Circuit Criminal Court after admitting he intimidated a witness in a criminal investigation. Kinsella, formerly of addresses in Tallaght, Dublin and Ardkeen, Cavan, pleaded guilty to sending a threatening text message to a woman who had provided statements to gardaí investigating a murder inquiry in October 2011. The message contained references to violence and named a relative with whom the witness was residing. Detective Garda Brendan O'Hora gave evidence that the text would have been understood as a threat. Judge Terence O'Sullivan noted the seriousness with which he regarded witness intimidation and imposed the sentence to run concurrently with Kinsella's existing 15-year prison term for manslaughter.
A man from County Antrim has been imprisoned following a successful appeal by the Director of Public Prosecutions against an unduly lenient sentence. Edmund Stewart, aged 33, of Ardgate Place, Newtownabbey, had pleaded guilty at Cavan Circuit Criminal Court to sexually assaulting a woman at the Farnham Arms Hotel in County Cavan on 24 June 2012. The woman was unconscious at the time of the assault. Stewart was originally given a wholly suspended three-year sentence by Judge John O'Hagan in March 2016. The Court of Appeal found this sentence insufficiently severe, with Mr Justice John Edwards stating that a custodial term should have been imposed. Stewart was re-sentenced to three years imprisonment with all but nine months suspended. He is now serving the nine-month custodial element of that sentence.
Richard Sweeney, aged 27 of Railway Lough, Belturbet, Co Cavan, has had his prison sentence doubled by the Court of Appeal following a prosecution challenge that his original term was unduly lenient. Sweeney had pleaded guilty at Cavan Circuit Criminal Court to violent disorder in the home of a vulnerable man in Belturbet on 24 February 2014. He was initially sentenced to two years imprisonment with six months suspended in March 2015. The Court of Appeal found the sentence fell considerably short of reflecting the gravity of the offence, in which Sweeney was one of four masked men who forced entry to the victim's home, threatened to kill him, and subjected him to a severe assault involving weapons. Mr Justice Garrett Sheehan, delivering judgment, noted aggravating factors including the planned nature of the attack, the victim's vulnerability, and violation of his home. Sweeney was re-sentenced to four years imprisonment with the final year suspended.
A Medical Counsel inquiry opened on Thursday into allegations against a consultant gynaecologist at Cavan General Hospital. Dr Salah Aziz Ahmed faces charges of poor professional performance and professional misconduct relating to obstetric care provided to three mothers. The hearing examined the first case involving a woman whose infant died 32 hours after birth in November 2012. It is alleged Dr Aziz delayed proceeding to Caesarean section and pursued an extended vaginal delivery in circumstances deemed inappropriate. The inquiry heard evidence from nursing staff present during the labour. Dr Aziz's legal representative contended his actions were not causative of the infant's death. The consultant also faces separate allegations regarding two other patients, including claims of inadequate counselling and delayed assessment. The disciplinary hearing is scheduled to continue for approximately ten days.
Promontoria (Aran) Ltd has secured admission of its High Court application for a judgment of €21.45 million against Cathal Brady of Roscalgan, County Cavan, to the fast-track Commercial Court list. The financial fund alleges that Mr Brady acquired multiple loans from Ulster Bank between 2004 and 2007, utilised for property syndicates and investment funds across Europe and Asia, as well as for purchasing land and commercial units in County Cavan. The loans were secured against properties in the county. Promontoria acquired the loans from Ulster Bank in late 2014 and early 2015. The fund alleges Mr Brady failed to meet repayment obligations under the loan facilities and that his response to a demand for outstanding monies plus interest was non-compliance. Following the appointment of receivers over the secured properties, Promontoria contends that Mr Brady has refused to permit possession or sale of the assets. The application was admitted to the fast-track list by Mr Justice Brian Cregan on Monday.
An appeal has been heard in the Court of Appeal regarding the sentence imposed on Pearse McAuley for seriously assaulting and falsely imprisoning his estranged wife, Pauline Tully, and other related offences committed at their former home in Kilnaleck, Co Cavan on Christmas Eve 2014. McAuley, who pleaded guilty to the charges, was initially sentenced to 12 years imprisonment with the final four years suspended by Judge John Aylmer on December 2, 2015. The Court of Appeal found that the effective sentence of eight years was 'unduly lenient' and re-sentenced McAuley to 12 years imprisonment with the final two years suspended. Appeal Mr Justice Seán Ryan noted that the headline sentence of 12 years was 'modest' given the 'horrifying circumstances' of the case, but the Director of Public Prosecutions did not contest the headline sentence. Rather, the DPP's barrister, Monica Lawlor BL, argued that the effective sentence was too lenient. The matter was adjourned for further consideration.
A High Court judge has referred legal questions to the Court of Justice of the European Union regarding cost allocation in proceedings connected to the north-South electricity interconnector project. Mr Justice Richard Humpreys made the referral on Friday following a May judgment in which he dismissed a challenge by the North East Pylon Pressure Campaign Ltd, representing approximately 200 landowners in Cavan, Monaghan, and Meath, against An Bord Pleanála's decision to hold an oral hearing. The hearing, which opened in Carrickmacross in March, concerns EirGrid's application to construct approximately 300 pylons as part of the proposed interconnector under Strategic Infrastructure Development legislation. The judge determined that the cost applications raise issues requiring clarification on the application of European law, specifically the Environmental Impact Assessment directive and the Aarhus Convention on environmental access to justice. An expedited preliminary ruling has been requested. The costs applications have been adjourned pending the European court's decision.
The Director of Public Prosecutions will argue before the Court of Appeal in November that a 12-year prison sentence imposed on a man for attacking his estranged wife was "unduly lenient". Pearse McAuley, aged 50 and resident in Ballyconnell, Co Cavan, pleaded guilty to serious assault and false imprisonment of his estranged wife, along with related offences committed at their former home in Kilnaleck on Christmas Eve 2014. He was sentenced at Cavan Circuit Criminal Court in December 2015 to 12 years imprisonment, with the final four years suspended. The DPP seeks a review of the sentence on grounds of undue leniency. Mr Justice George Birmingham set November 7 as the hearing date during case management procedures at the Court of Appeal. McAuley was not present for the procedural matter.
The Court of Appeal has overturned a Circuit Court ruling that a man was unfit to stand trial for dangerous driving causing death. Robert Harrison, aged 25, of Shantonagh in Monaghan, faces charges relating to a collision at Drung, Cootehill, County Cavan in November 2009, in which a passenger died and another was seriously injured. Judge Pauline Codd had determined in July 2014 that Mr Harrison was unfit to be tried. The Director of Public Prosecutions appealed that determination. Mr Justice John Edwards, delivering judgment, found the original ruling was erroneous in principle. He stated that the trial judge had conflated the question of fitness to plead with whether a fair trial could be afforded, and that the public interest in prosecution had not been properly weighed against the defendant's trial rights. The court indicated the case should proceed to trial, with the trial judge to review its viability. Mr Harrison was remanded on bail pending the next sitting of Cavan Circuit Criminal Court in November.
A Cavan man who raped his 16-year-old niece in early 1997 has been sentenced to six and a half years in prison, with three years of post-release supervision. The defendant, a 49-year-old man who cannot be named to protect the victim's identity, pleaded guilty to charges of rape, oral rape, and sexual assault. The Central Criminal Court heard that the victim's mother initially did not report the abuse to the gardaí, and the family was distressed when the girl eventually made a complaint. The victim described the impact of the abuse, stating that her world had crumbled and that her uncle had 'degraded and crushed' her. Mr Justice Patrick McCarthy noted the man's guilty plea, his position of trust, and the severity of the offences. The judge also acknowledged the man's low risk of re-offending and his efforts to address alcohol dependency. The case was finalised at the sentence stage, with no adjournments.
The High Court has dismissed an action brought by the North East Pylon Pressure Campaign seeking to halt an oral hearing into EirGrid's application to construct approximately 300 pylons for the proposed North-South electricity interconnector. Mr Justice Richard Humphreys refused permission for the challenge on Thursday, finding that intermediate steps in planning processes should be allowed to proceed to conclusion. The group, representing nearly 200 landowners across Cavan, Meath and Monaghan, opposed the application on grounds including health and environmental concerns. It had also challenged the validity of EirGrid's application under Strategic Infrastructure Development legislation and raised difficulties regarding Environmental Impact and Natura Impact Statements. The judge stated that permitting challenges at each stage risked unnecessary disruption and multiplication of judicial review proceedings. He noted the group could pursue further challenges following An Bord Pleanála's final decision on the application. The oral hearing commenced in Carrickmacross in March. EirGrid contends the second interconnector is necessary to ensure adequate power flow between the two jurisdictions.
A man from Cavan pleaded guilty at Dublin Circuit Criminal Court to assault causing harm and attempted sexual assault following an incident at a McDonald's restaurant on Grafton Street in June 2014. Adrian Smith, aged 33, of Curkish, Bailieboro, entered a ladies' toilet where a woman was present and attempted to sexually assault her before punching her in the face when she screamed for help. Smith initially fled but later turned himself in to gardaí after his parents identified him on the RTE programme Crimecall in September 2014. Judge Patrick McCartan described Smith's actions as "sinister in the extreme" and noted the significant trauma caused to the victim. The judge expressed concern about Smith's claims of intoxication, stating his behaviour showed calculated deliberation. Smith, who has offered €10,000 in compensation and joined the Pioneer Association, was remanded on bail pending sentencing in July 2016.
A group representing nearly 200 landowners in counties Cavan, Monaghan and Meath has initiated High Court judicial review proceedings challenging An Bord Pleanála's decision to hold an oral hearing on EirGrid's North-South electricity interconnector application. The North East Pylon Pressure Campaign Ltd opposes the proposed construction of 300 pylons as part of the project. The challenge centres on alleged deficiencies in the application's Environmental Impact and Natura Impact Statements, and contends EirGrid may not be the legitimate applicant. The oral hearing, underway in Carrickmacross, is expected to continue for twelve weeks. An Bord Pleanála and EirGrid oppose the judicial review, arguing the challenge was not brought within the required eight-week timeframe and that challenging the hearing's validity is premature pending a decision on the substantive application. The High Court previously dismissed the group's application for a temporary injunction. The hearing resumed in late March before Mr Justice Richard Humphrey.
A 22-year-old man who admitted to manslaughter in connection with a fatal stabbing will be sentenced in April at the Central Criminal Court. Michael Kinsella, with addresses in Tallaght and Cavan, pleaded guilty to the unlawful killing of Adil Essalhi, who died on January 6, 2011, following an attack in which he sustained over 50 stab and chop wounds. The Director of Public Prosecutions accepted the plea to the lesser charge of manslaughter. At a hearing on February 16, 2016, the court ordered that psychological reports prepared by the defence be disclosed to the prosecution, and granted permission for a prosecution psychiatrist to assess Mr Kinsella prior to sentencing. The defence indicated its client would cooperate with this evaluation. Justice Deirdre Murphy adjourned the sentencing hearing to April 11, 2016. Mr Kinsella's uncle, Wayne Kinsella, was previously convicted of Mr Essalhi's murder in 2012.
Two men were sentenced to four years imprisonment at Dublin Circuit Criminal Court following their guilty pleas to car-jacking. Francis Stokes, aged 29, of Ballyconnell, County Cavan, and Martin Stokes, aged 24, of Celbridge, County Kildare, hijacked a vehicle at Blessington Road, Tallaght, on 10 November 2013. Judge Melanie Greally suspended the final two years of Francis Stokes's sentence and the last three years of Martin Stokes's sentence, having regard to their differing criminal histories. The victim described the incident as life-altering, stating it had severely restricted her confidence and ability to engage in activities she previously enjoyed. The court heard evidence that the complainant had become fearful of driving and was unable to maintain her former independence. The accused had claimed to gardaí that they commandeered the vehicle following an attack by another party, though the victim impact statements presented a substantially different account of events.
The Director of Public Prosecutions has appealed a Circuit Criminal Court ruling that a man charged with dangerous driving causing death is unfit to stand trial. Robert Harrison, aged 25, from Shantonagh in Monaghan, faces charges relating to a collision at Drung, Cootehill, County Cavan in November 2009, in which a 19-year-old passenger died and another passenger was seriously injured. Judge Pauline Codd determined in July 2014 that Mr Harrison was not fit to be tried. The DPP's counsel argued before the Court of Appeal that psychiatric evidence supported Mr Harrison's fitness to proceed if special trial provisions were implemented, including regular recaps of evidence. Defence counsel contended the DPP sought to create an unprecedented trial arrangement and that Mr Harrison remains unfit due to brain damage sustained in an earlier accident. The Court of Appeal, comprising Justices George Birmingham, Garrett Sheehan, and John Edwards, reserved judgement.
A man from Kingscourt, County Meath, has had his prison sentence substantially increased by the Court of Appeal following a successful appeal by the Director of Public Prosecutions. Adrian Magennis, aged 49, pleaded guilty at Monaghan Circuit Criminal Court to assaulting his ex-partner at her home on January 4, 2014. He was originally sentenced to twelve months imprisonment in June 2015, which the appellate court deemed unduly lenient. The Court of Appeal, led by Mr Justice Garrett Sheehan, imposed a four-year sentence with the final sixteen months suspended. The court heard that Magennis caused serious injuries including a shattered leg requiring surgical intervention. Evidence indicated he subsequently brought the victim to a garda station to withdraw her complaint, though she later stated she had been intimidated. Mr Justice Sheehan noted the assault occurred within a domestic context involving significant physical violence. Magennis was ordered to enter into his own bond of one hundred euro to keep the peace during the suspension period.
A Dublin man's prison sentence for violent disorder has been increased by the Court of Appeal. John Doyle, aged 26 and residing in County Meath, had pleaded guilty at Cavan Circuit Criminal Court to violent disorder committed in Belturbet, County Cavan on 24 February 2014. He was originally sentenced to two years imprisonment in June 2015. The Director of Public Prosecutions successfully appealed on grounds of undue leniency. The Court of Appeal increased the sentence to five years, with the final two years suspended for a period of five years. Mr Justice John Edwards stated that Doyle was one of four men who broke into the home of a vulnerable resident. The victim sustained serious injuries including a stab wound and scalp laceration during the incident. The court considered it a serious case warranting the increased custodial term. Doyle was required to enter into a bond of one hundred euro to keep the peace during the suspension period.
Thomas Murphy, aged 66, from Ballybinaby, Hackballscross, County Louth, has been found guilty of nine counts of tax evasion at the Special Criminal Court in Dublin. The three-judge court determined that Murphy failed to furnish returns of income to the Collector General or Inspector of Taxes for the years 1996 to 2004, despite conducting substantial farming operations. Evidence presented during the 32-day trial included testimony from Department of Agriculture staff, managers at cattle marts in Roscommon, Ballyjamesduff, Kingscourt and Elphin, meat factory representatives, and Criminal Assets Bureau investigators. The court heard that Murphy received over €100,000 in farming grants and conducted cattle transactions exceeding €500,000 across various livestock marts. Murphy's defence, that his brother Patrick controlled the farming activities, was rejected by the judges. Forensic analysis of a bank account operated in Murphy's name revealed significant financial activity. Murphy was remanded on continuing bail pending sentencing on 12 February 2016.
A Dublin man has pleaded guilty to the manslaughter of Adil Essalhi following a five-day trial at the Central Criminal Court. Michael Kinsella, aged 22, with addresses in Tallaght and Ardkeen, Cavan, had initially pleaded not guilty to murder. The State's case alleged that Mr Essalhi, aged 29, was killed at Tyrellstown, Dublin on 6 January 2011 by two people acting together. The prosecution accepted a plea to the lesser charge of unlawful killing on condition that Kinsella admitted assaulting the deceased with a weapon. Medical evidence heard during trial indicated Mr Essalhi sustained in excess of fifty stabbing and chopping wounds, predominantly to the head and neck. His body was subsequently burnt. Kinsella's uncle, Wayne Kinsella, was previously convicted of Mr Essalhi's murder in 2012. Justice Deirdre Murphy adjourned sentencing to a later date.
At the Central Criminal Court, a resident of an apartment complex in Tyrellstown, Dublin 15 has given evidence in the trial of Michael Kinsella (22), who has pleaded not guilty to the murder of Adil Essalhi (29) on January 6, 2011. The witness told the jury she was approached by a man at the building on January 7, 2011 and asked if she had a saw. The prosecution contends that the killing was carried out by two people. Kinsella, with addresses in Tallaght and Ardkeen, County Cavan, has maintained his not guilty plea. His uncle, Wayne Kinsella, was convicted of the same killing in 2012. Evidence from another witness, the former partner of Wayne Kinsella, was also heard. The cross-examination continued before the jury, with one member becoming unwell. Proceedings are ongoing.
At the Central Criminal Court, a jury heard evidence on Tuesday in the trial of Michael Kinsella (22), of Swiftbrook Close, Tallaght and Ardkeen, Cavan, who has pleaded not guilty to murdering Adil Essalhi (29) on January 6, 2011. The prosecution alleges the killing was committed by two people. Gardaí located Mr Essalhi's body partially submerged in a ditch near Tyrellstown, Dublin 15, on January 13, 2011 during an investigation into a missing person. A knife was recovered from the ditch the following day. Evidence was heard from gardaí who conducted the search and from a witness who was present when the deceased left a party with both Michael Kinsella and his uncle Wayne Kinsella, who was convicted of the murder in 2012. The trial continues.
A prosecution witness told the Central Criminal Court that she wrote to the late Mr Justice Paul Carney claiming a convicted killer had pressured her into making false allegations against the accused, the jury heard. Michael Kinsella, aged 22, with addresses in Tallaght and Cavan, has pleaded not guilty to the murder of Adil Essalhi on 6 January 2011. His uncle Wayne Kinsella was convicted of the killing in 2012. The prosecution contends that two people carried out the murder. The witness said Michael Kinsella was present with Wayne Kinsella when the latter returned to their shared Tyrrellstown apartment on 7 January carrying petrol. Under cross-examination, the defence highlighted that the witness had previously written to the judge stating Wayne Kinsella had forced residents to provide false evidence against Michael Kinsella as revenge. The defence suggested this indicated she would not fabricate testimony against the accused. The trial continues at the Central Criminal Court.
A jury at the Central Criminal Court has been discharged in the trial of a Dublin man accused of murdering Adil Essalhi in 2011. Michael Kinsella, aged 22 and with addresses at Swiftbrook Close in Tallaght and Ardkeen in Cavan, had pleaded not guilty to the charge of murdering Mr Essalhi at Tyrrelstown, Dublin on 6 January 2011. Justice Deirdre Murphy discharged the twelve-member jury after one juror became unable to continue proceedings due to illness. The judge stated the court was reluctant to proceed with an incomplete jury. Mr Essalhi's death was previously investigated resulting in the conviction of Wayne Kinsella, the accused man's uncle, in 2012 for the same killing.
The family of an infant who died two days after birth at Cavan General Hospital have settled their action against the HSE for €70,000 in the High Court. Francis Flynn and Fiona Watters, from Navan in Co Meath, had sued the health service for mental distress and shock following the death of their son Jamie in November 2012. The infant was delivered by caesarian section but presented with no heartbeat or breath reflex upon delivery. Despite resuscitation efforts and transfer to intensive care at the Rotunda Hospital in Dublin, Jamie died two days later. The HSE admitted liability in July 2014. Mr Justice Richard Humphreys approved the settlement on Monday, directing that €5,000 of the award be paid into court for the benefit of the couple's daughter. An inquest into Jamie's death previously returned a verdict of medical misadventure.
A Lithuanian woman pleaded guilty at Dublin Circuit Criminal Court to providing false information and using forged documents in connection with an attempted sham marriage in County Cavan. Rita Skvarcinskaite (42) was charged with offences committed in May and August 2015 at the Civil Registration Office in Cavan town. She had been recruited online to marry a Bangladeshi man to facilitate his visa application, with the expectation of receiving €1,500. Gardaí from the National Immigration Bureau objected to the marriage, preventing it from proceeding. Skvarcinskaite was arrested at Dublin airport on 26 August as she attempted to depart the country. Her legal representative submitted that she had undertaken the arrangement due to financial hardship and had cooperated fully with the investigation. Judge Martin Nolan sentenced her to time already served.