Patrick Barry, 80, former principal of Moyasta National School in west Clare, was convicted of indecent assault on 11 female pupils between 1964 and 1985. He pleaded not guilty to 67 charges but was found guilty on 59 counts by a jury, with the remaining eight dismissed by Judge Gerald Keyes. Barry received an 11‑year prison sentence, of which the final five years were suspended. On 20 April 2015, the Court of Appeal dismissed his appeal against conviction. Justice Garrett Sheehan, sitting with Justices George Birmingham and Alan Mahon, ruled that Barry's 12 grounds of appeal were unsubstantiated. The appeal was rejected, leaving the original conviction and sentence in place. The case highlighted allegations that Barry had physically abused pupils in class, including touching them indecently and forcing them to touch his genital area.
Dr Liam Glynn, a GP practising in Ballyvaughan and Fanore, Co Clare, has filed a High Court action against the HSE after it ruled he was no longer eligible for the Rural Practice Allowance. The scheme pays doctors who work in rural centres with fewer than 500 residents and no town of 1,500 or more within three miles. Glynn's practice serves a panel of 766 patients and he argues that Ballyvaughan's population of 258 and the nearest 1,500‑plus town being ten miles away meet the scheme's criteria. He claims the HSE used incorrect criteria and that the decision has left his practice financially unsustainable. Glynn seeks injunctions to prevent the HSE from terminating or altering his 2005 contract, to compel payment of the allowance, and to declare the HSE's decision null and void. The case was granted short‑notice service and is set for a return hearing next week.
A 22‑year‑old Clare man, Joseph Lernihan, pleaded guilty to two robberies of a 68‑year‑old pensioner, Michael McMahon, in February 2012. The first robbery saw McMahon hand over €4,000 through broken windows; the second robbery involved a pipe‑like object used as a gun threat and the theft of €3,000. McMahon, terrified, cycled 30 miles to a nursing home in Ennis and never returned to his home. Lernihan was initially sentenced by Judge Carroll Moran to a wholly suspended three‑year term, €3,780 compensation and forfeiture of a Volkswagen Passat bought with the proceeds. The Court of Appeal agreed the sentence was unduly lenient but, citing Lernihan's progress, imposed no prison term, instead ordering 240 hours of community service in lieu of a 12‑month sentence, a suspended 24‑month period, and a €100 bond for good behaviour over the three‑year suspended term.
Joe Heffernan, a 35‑year‑old farmer from Cappagh Beg, was convicted of murdering 21‑year‑old student Eoin Ryan in 2011 and sentenced to life imprisonment by Mr Justice Patrick McCarthy in 2013. Heffernan now appeals, arguing that the prosecution should have proved he did not suffer from diminished responsibility at the time of the offence. His counsel, Padraig Dwyer SC, contended that the burden of proof for the absence of a mental disorder lies with the prosecution, citing the Criminal Law Insanity Act 2006. Dwyer argued that the defence must obtain a direction from the judge that mental issues are present, after which the prosecution must prove beyond a reasonable doubt that the accused was not mentally disordered. The Director of Public Prosecutions, Bernard Condon SC, maintained that the statute places the burden on the defence. The Court of Appeal will reserve its decision. Joe Heffernan pleaded not guilty.
In a 2015 Dublin Circuit Criminal Court case, Suzanne O'Connell (42) and Daniel McMahon (23) pleaded guilty to the armed robbery of an Applegreen petrol station in Clonsilla on 19 September 2013. O'Connell, acting as getaway driver, had met McMahon that night and picked him up with a third man. The trio entered the shop wearing balaclavas; McMahon brandished a pellet gun that was a convincing replica of a 6mm Colt handgun, while the other man held a knife. They demanded cash, filled a plastic bag with about €800, and fled. Gardaí, who had followed O'Connell's car, arrested all three. McMahon claimed he did not know O'Connell prior to the robbery. Both defendants had no prior convictions, and O'Connell's past offences were traffic and a 2002 drug‑dealing charge. Judge Martin Nolan imposed a suspended five‑year prison term on each, contingent on maintaining peace for that period, citing their personal circumstances, guilty pleas, and cooperation with police.
In March 2015 the Court of Appeal overturned a wholly suspended three‑year sentence given to Alan Kilmartin, a security guard, for an unprovoked assault on a woman in her Ennis home. Kilmartin had pleaded guilty to assault causing harm on 2 March 2012 and received a wholly suspended sentence in November 2013, suspended for five years. The Director of Public Prosecutions argued the sentence was unduly lenient. Justice Seán Ryan, with Justices John Edwards and Michael Peart, found that while mitigating factors existed, they did not negate the seriousness of the crime. He ordered Kilmartin to serve a two‑year prison term, with the suspended portion remaining. The victim, who wished to remain anonymous, suffered head injuries, fractures and psychological harm. The court also returned a €3,000 compensation offer to Kilmartin.
Joseph Lernihan, aged 22, pleaded guilty to two robberies of 68‑year‑old Michael McMahon in February 2012. The first robbery involved breaking windows and taking €4,000; the second involved a fake gun and taking €3,000. McMahon fled to a nursing home 30 miles away. Lernihan was sentenced on 3 March 2014 to a fully suspended three‑year term, ordered to pay €3,780 compensation and to forfeit a Volkswagen Passat bought with the proceeds. The Director of Public Prosecution appealed, arguing the sentence was too lenient. The Court of Appeal found the trial judge erred and sent the case back to assess suitability for community service. The case remains at the stage of determining whether Lernihan will serve community service rather than prison.
In 2015 the Court of Appeal upheld the conviction of a 47‑year‑old man from County Clare who had been found guilty of sexually assaulting his wife's teenage niece in 2007. The appeal judge, Mr Justice George Birmingham, confirmed that the evidence showed the niece was babysitting in the man's home on both occasions. In the first incident she was helping him look for his phone when he kissed her, put his hand in her underwear and performed a digital penetration. The second incident involved him grabbing her while she retrieved a TV remote, again putting his hand in her underwear and digitally penetrating her. The appeal court dismissed the appeal, rejected fresh evidence, and upheld the 18‑month sentence, noting the man had 13 weeks remaining to serve and that part of his sentence was suspended for six months on condition of good behaviour and a €100 bond.
In March 2015 the Court of Appeal ruled that the wholly suspended three‑year sentence imposed on security guard Alan Kilmartin for an unprovoked assault on a woman in her Ennis home was unduly lenient. Kilmartin, 35, had pleaded guilty to assault causing harm on 2 March 2012 and had been given a wholly suspended sentence by Judge Carroll Moran on 25 November 2013, suspended for five years on conditions. The Court of Appeal, led by Mr Justice Seán Ryan, found that the sentence did not reflect the seriousness of the attack, which involved Kilmartin striking the victim's head with a metal implement, causing head injuries, fractures to her fingers and thumb, and psychological trauma. The court adjourned sentencing to 23 March 2016, where a new sentence would be imposed. The decision was based on the Court's view that a wholly suspended sentence was inappropriate for the gravity of the offence.
Rafal Chylinski, 32, of Ennis, Co Clare, received a three-year suspended sentence at Dublin Circuit Criminal Court after pleading guilty to possession of cannabis and having the drug for sale or supply. The offence occurred on August 22, 2013, at Kylemore Road, Ballyfermot. Prosecution evidence indicated Chylinski was part of a larger operation involving co-accused David Gill, 38, of Leopardstown Road, who was jailed for seven years last year after pleading guilty to possessing €600,000 worth of drugs at three Dublin locations on the same date. Chylinski admitted he was paid €200 to collect and hold the drugs for a few days. Gardaí intercepted him in a Bluebell industrial estate car park after he received a black plastic bag from Gill. The bag contained €19,996 worth of cannabis, and a further €10,000 worth was found at his father's house in Castle Curragh Vale, which Chylinski admitted owning. He exonerated his father and another man present in the vehicle. Defence counsel highlighted Chylinski's financial pressure due to an injury and lack of wealth. Judge Mary Ellen Ring noted Chylinski's immaturity and that he was not profiting from the drugs, resulting in the suspended sentence.
Patrick Barry, an 80‑year‑old former primary school principal from Kilkee, appealed his conviction for indecent assaulting 11 women who were pupils at Moyasta National School between 1964 and 1985. He had pleaded not guilty to 67 charges but was found guilty on 59 counts and not guilty on eight by Judge Gerald Keyes. Barry received an 11‑year sentence, with the final five years suspended. In the Court of Appeal, Barry's counsel, Roderick O'Hanlon SC, argued that the indictment lacked proper particulars, which he claimed materially affected Barry's defence and cross‑examination rights. He contended that the prosecution's failure to detail interviews with Gardaí and the delay in proceedings prejudiced Barry. The appeal was heard on 23 February 2015, with the court reserving judgment for 23 March. Barry was assisted by his sisters during the hearing and was noted to have poor health and impaired hearing.
The Court of Appeal has reserved judgment on a case involving a 47‑year‑old Clare man convicted of sexually assaulting a teenage female relative between 1 and 31 January 2007. He pleaded not guilty to two counts and was found guilty by a jury at Ennis Circuit Criminal Court, receiving an 18‑month sentence on 13 July 2012. His barrister, Giollaíosa Ó Lideadha SC, argued that psychiatric evidence presented by a psychiatrist—who claimed the complainant had been sexually abused and suffered—was opinion evidence, unjustified and inadmissible. He contended that the psychiatrist's remarks effectively asserted the allegations were true, thereby influencing the jury. Ó Lideadha also alleged the trial judge failed to give a corroboration warning and that the psychiatrist's testimony was used as proof rather than corroboration. The Court of Appeal will decide on 10 March, having rejected fresh evidence of a conversation between the complainant and the accused's wife. The case remains pending.
In February 2015 the Court of Appeal ordered the return of 71‑year‑old former hurling coach James Maher to prison after finding his original two‑year sentence for indecently assaulting two boys between 1982 and 1985 too lenient. Maher had pleaded guilty to 18 counts and received a concurrent two‑year term on each count in 2013. The Director of Public Prosecutions appealed, arguing the sentence was unduly light. The Court of Appeal agreed, increasing the sentence by one year and ruling that the maximum penalty for indecent assault on a male in the 1980s was two years, not ten as the DPP had suggested. The court noted that the 1981 legislative change had equalised the maximum penalty for males and females, and that a 2007 judgment had limited the penalty for males to that for females. The decision was delivered by Mr Justice Seán Ryan, with Mr Justice Garrett Sheehan and Mr Justice John Edwards.
Michael Mongan, 38, of Whiteclare Avenue, Baldoyle, Dublin 13, was arrested after he walked into a Garda station to complain that his fraudulent Social Welfare claim had been suspended. He had used a false identity, claiming to be Robert Anthony Gavin, to obtain €2,905 in welfare payments between 4 December 2009 and 10 March 2010 while also claiming benefits under his own name. Mongan pleaded guilty at Dublin Circuit Criminal Court to using a false identity to steal almost €3,000 from the State over a three‑month period. Judge Martin Nolan sentenced him to two years in prison but suspended the sentence in full on the condition that he keeps the peace for two years. The judge cited Mongan's guilty plea, cooperation with Gardaí and the short duration of the false claim as reasons for the suspension. Mongan has not yet repaid the money to the State and has four previous convictions, including shoplifting and deception.
In a High Court proceeding, world‑renowned musician Sharon Shannon and her manager John Dunford consented to a judgement of €520,057 against them. Permanent TSB had lent the pair €402,000 in November 2006 under an Endowment Residential Business Loan, to be repaid in monthly instalments of just over €1,650 over 20 years. In June 2010 the bank noted two missed repayments, after which the entire balance became due. By 2012 the bank demanded full repayment, claiming the defendants had failed to pay back the principal plus interest. The Master of the High Court, Edmund Honohan, accepted the consent and placed a six‑month stay on execution of the judgement order, which the parties had agreed to. The case remains at the judgement stage.
The High Court has struck out a damages action brought by Lorcan Roche Kelly against the State following the murder of his wife, Sylvia Roche Kelly, in December 2007. Ms Roche Kelly, a mother of two, was killed at The Clarion Hotel in Limerick by Gerard McGrath, who was later sentenced to life imprisonment. Mr Roche Kelly had sued the State, the Garda Commissioner, and the Minister for Justice, claiming that McGrath should have remained in custody rather than being granted bail on charges relating to an assault on a taxi driver in County Cavan and false imprisonment in County Tipperary. High Court President Mr Justice Nicholas Kearns dismissed the claim, acknowledging the case's tragic nature but finding it disclosed no reasonable cause of action under existing law. While the judge described the handling of bail procedures by An Garda Síochána as negligent and disgraceful, he concluded that McGrath's actions were not reasonably foreseeable and that no special duty of care towards the deceased had arisen.
In a High Court ruling, Justice Mary Faherty held that Ms Randa Murphy's claim against DePuy International Ltd. for alleged injuries from a faulty hip replacement required prior authorisation from the Personal Assessment Injuries Board (PIAB). The judge noted that Murphy's claim centred on the manufacture and supply of the implant, not on medical negligence or a health‑service provision, and therefore fell under the PIAB's jurisdiction. DePuy argued that because it was not a health‑service provider, no authorisation was needed, but the court rejected this. The decision means up to 50 cases lacking PIAB authorisation may be barred. Murphy, from Ennis, had already obtained authorisation in parallel proceedings, and the matter was adjourned for parties to consider the ruling. The ruling may affect other Irish cases involving DePuy's recalled hip‑replacement systems.
Con Desmond, a former priest and school principal aged 79, was convicted of 13 counts of indecent assault on a boy at St Stephen's De La Salle National School in Waterford between 1978 and June 1980. He pleaded not guilty but a jury found him guilty and Judge Donagh McDonagh sentenced him to two years' imprisonment on each count, to run concurrently, on 19 February 2013. Desmond appealed on grounds of delay and conflicting evidence, but the Court of Appeal rejected the appeal. The court noted the first incident occurred in January 1978 when the boy, aged eight, was wet from cycling to school and was taken to Desmond's office by Brother Aengus. Desmond sexually abused the boy then, and the victim reported similar abuse on subsequent Saturdays. The appeal was dismissed after the court considered the evidence, the delay, and the absence of Brother Aengus, who had died years earlier.
James Maher, 71, of Clonroad Beg, Ennis, was convicted of 18 counts of indecent assault on two boys between 1982 and 1985. He pleaded guilty and was sentenced on 14 January 2013 to two years imprisonment on each count, with the sentences running concurrently, by Judge Carroll Moran at Ennis Circuit Criminal Court. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient and that Judge Moran was misinformed about the maximum penalty, which counsel said could have been up to ten years per count. The appeal contends that the concurrent sentences were incorrect and that the judge's sentencing scale was wrong. The Court of Appeal will decide on 10 February whether to increase Maher's sentence. The case highlights the legislative history of indecent assault penalties and the 2007 clarification that the maximum for a male victim cannot exceed that for a female victim. The appeal is pending.
Patrick Barry, 80, former principal of Moyasta National School, was denied bail while appealing his conviction for indecent assault. Barry faced 67 charges for assaulting 11 pupils between 1964 and 1985. A jury found him guilty on 59 counts; he was acquitted on eight. Judge Gerald Keyes sentenced him to 11 years, suspending the last five. The Court of Appeal, led by Mr Justice Seán Ryan, declined bail, noting no new legal point was raised, but set an appeal hearing for February 23. Barry was ordered to be identified on the foot of victim requests, which the victims declined. Patrick Barry pleaded not guilty.
Derek Floyd, 36, of Tulla, Co Clare, was found guilty of 15 counts of filing incorrect VAT returns and 12 counts of claiming VAT remits to which he was not entitled between 2001 and 2003, and of handling stolen goods. He was originally sentenced to six years imprisonment with the final year suspended, and separately to three years imprisonment for handling stolen goods, with eight months suspended. On appeal, the Court of Appeal reduced his overall sentence to five years imprisonment with one year suspended, and a consecutive term of three years with eight months suspended. The Court found errors in the original sentencing, noting that the judge had misapplied the appropriate sentence and had incorrectly considered the suspended portion. The appeal was upheld by Mr Justice George Birmingham, who substituted the original sentences with the reduced terms. The case involved fraudulently claiming €683,000 in VAT returns and handling €45,000 worth of stolen silage wrap.
Simon Gentles, aged 29, pleaded guilty to aggravated burglary at a home in Sixmilebridge, Co Clare, on 7 January 2010. He was originally sentenced to four years imprisonment by Judge Carroll Moran at Ennis Circuit Criminal Court on 6 February 2012. On appeal, the Court of Appeal, following an application by the Director of Public Prosecutions, increased his sentence to ten years imprisonment, with the final four years suspended. Mr Justice Alan Mahon noted that Gentles forcefully burst into the home of Ms Fitzpatrick, wearing a balaclava and carrying a sawn‑off shotgun that was loaded. He threatened to shoot Ms Fitzpatrick's head and pointed the gun at her 15‑year‑old son. The judge highlighted the violent and threatening nature of the offence and the use of a loaded firearm, and considered Gentles' prior convictions and prison courses when determining the suspended portion. Gentles will serve the new sentence of ten years imprisonment, with the final four years suspended.
The High Court will decide early next week on a preliminary application that could affect many cases against DePuy International Ltd, a Johnson & Johnson subsidiary, over allegedly defective hip replacements. The case involves Ms Randa Murphy from Ennis, who has brought a claim for damages after receiving a DePuy ASR resurfacing hip implant in 2005 and subsequent surgery in 2010. DePuy's lawyers argue that Murphy failed to obtain a Personal Injuries Assessment Board (PIAB) certification before filing her claim, and therefore the action cannot proceed as a medical negligence claim because DePuy is a manufacturer, not a health service provider. Murphy's counsel rejects this requirement and seeks to have the issue heard separately. The judge will consider the matter and give a decision next week.
Andrew Shannon, 49, of Willians Way, Ongar, was convicted of damaging Claude Monet's 1874 painting "Argenteuil Basin with a Single Sail Boat" at the National Gallery of Ireland. He pleaded not guilty but a jury found him guilty after 1½ hours of deliberation. The jury also found him not guilty of damaging two other paintings at the Shelbourne Hotel. Shannon has 48 prior convictions, including burglary and theft of antiques. He was sentenced to six years' imprisonment, with the final 15 months suspended under strict conditions, including a ban on entering any public gallery or building displaying paintings. The maximum penalty for the offence is ten years. The Monet painting has been restored and returned to display. Shannon's heart condition and prior custody time were considered in sentencing. The case was heard by Judge Martin Nolan.
In a Dublin court, Andrew Shannon, aged 50, was acquitted of damaging two paintings – 'Morning Strand' and 'Evening Strand' – at the Shelbourne hotel on 8 January 2014. The trial judge, Martin Nolan, directed the jury to find him not guilty of these charges. Shannon remains charged with damaging a Claude Monet painting, 'Argenteuil Basin with a Single Sail Boat' (1874), at the National Gallery of Ireland on 29 June 2012, and that case continues in its closing stages. The jury will now hear closing speeches from the prosecution and defence.
The trial of Andrew Shannon (50) of Willians Way, Ongar, Dublin 15, accused of damaging three valuable paintings, continued in legal argument at Dublin Circuit Criminal Court in the absence of the jury. Shannon has pleaded not guilty to damaging two paintings, 'Morning Strand' and 'Evening Strand' by Felim Egan, at the Shelbourne hotel on January 8th, 2014, and to damaging one Claude Monet painting, Argenteuil Basin with a Single Sail Boat (1874), at the National Gallery of Ireland on Clare Street on June 29, 2012. The charges against Monet's Argenteuil Basin with a Single Sail Boat are also alleged or contested, with a plea of not guilty. Judge Martin Nolan instructed the jury of seven women and five men to return on Thursday when the trial is expected to resume in their presence. The procedural stage is trial, and the matter was not finalised. No findings, sentences, or proposed dispositions have been made at this stage.
Andrew Shannon, 50, of Dublin 15, was arrested for damaging two paintings at the Shelbourne hotel on 8 January 2014 and a Monet at the National Gallery in 2012. He pleaded not guilty at Dublin Circuit Criminal Court. During Garda interviews on 31 January 2014, Shannon claimed he was at the hotel spa with his nephew and had not harmed the artwork, suggesting staff were seeking a "false confession." Garda Eugene McCarthy noted Shannon's explanation was unreasonable. CCTV footage showed Shannon entering the Adams suite, which leads to the Deirdre suite where the paintings were, but no evidence placed him in the Deirdre suite. The case is pending before Judge Martin Nolan and a jury of twelve. Additional evidence includes a senior investigator's report and a surgeon's note that Shannon had severe heart disease, potentially causing a cardiac episode without external stress. The trial continues.
In a Dublin Circuit Criminal Court trial, Andrew Shannon, aged 50, pleaded not guilty to allegations of damaging two Felim Egan paintings, 'Morning Strand' and 'Evening Strand', at the Shelbourne hotel on 8 January 2014. The jury heard that the paintings, which were exhibited in the trial, appeared to have been slashed or torn with an object. Shannon also faced a separate not‑guilty plea for damaging a Claude Monet painting, 'Argenteuil Basin with a Single Sail Boat' (1874), at the National Gallery of Ireland on 29 June 2012. The court noted that the Monet had undergone an exhaustive repair and was back on display. Loss‑prevention manager Eamon Kelly reported that CCTV footage, burned to a disk, was handed to Gardaí the day after his return from holiday. Kelly confirmed the paintings were to be destroyed. Garda Eugene McCarthy explained that he had arrested Shannon on 31 January 2014 after reviewing the footage.
In a Dublin Circuit Criminal Court hearing, Andrew Shannon, 50, pleaded not guilty to damaging two Felim Egan paintings – 'Morning Strand' and 'Evening Strand' – at the Shelbourne hotel on 8 January 2014. The paintings were presented as exhibits on the fourth day of the trial. Shannon also pleaded not guilty to damaging a Claude Monet painting, 'Argenteuil Basin with a Single Sail Boat (1874)', at the National Gallery of Ireland on 29 June 2012. Jury members viewed CCTV footage showing Shannon entering the Shelbourne with a second man, walking through various suites, and later noticing white threads hanging from the blue painting. He photographed the damage on his phone and informed a colleague, who alerted his supervisor. The supervisor promised to address the issue the following morning. The trial continues before Judge Martin Nolan with a jury of seven women and five men.
Two New Zealand tourists recounted seeing a man's fist penetrate a Monet painting worth €10 million at the National Gallery of Ireland on 29 June 2012. The accused, Andrew Shannon, 50, pleaded not guilty to damaging Claude Monet's *Argenteuil Basin with a Single Sail Boat* (1874) and to damaging two Felim Egan paintings at the Shelbourne Hotel. Witnesses, including a paramedic and security staff, described Shannon as fainting, complaining of chest pain and falling against the painting. He later claimed a heart condition and that he had a tin of paint stripper. The case is before Judge Martin Nolan and a jury, with no verdict yet announced. The incident remains a criminal matter under investigation.
In a Dublin Circuit Criminal Court trial, Andrew Shannon, 50, of Willians Way, Ongar, Dublin 15, pleaded not guilty to allegations of damaging Claude Monet's 1874 painting *Argenteuil Basin with a Single Sail Boat* at the National Art Gallery on Clare Street. The judge, Martin Nolan, indicated technical and legal arguments would be presented and adjourned the case until the following morning. The trial is expected to last two weeks.
Michael Maughan, 40, was found guilty of murder and assault in Ennis, County Clare, after stabbing Piotr Nowakowski, 31, twice and striking him again in the head. The jury, after a two‑hour and 23‑minute trial, returned a unanimous verdict. Mr. Maughan had pleaded not guilty to both charges, but the prosecution rejected his manslaughter plea. Mr. Maughan, who had a history of alcohol‑related offences, claimed he was out of control and had no memory of the motive. Mr. Nowakowski was a Polish immigrant who had come to Ireland for a better life. Mr. Maughan was sentenced to mandatory life imprisonment for the murder, concurrent with a four‑year sentence for the assault, both back‑dated to 24 July 2013 for time already spent in custody. The court heard that Mr. Maughan had 68 prior convictions dating back to 1991, including public order, burglary and theft.
In a murder trial in the Central Criminal Court, Mr Justice Paul Carney instructed the jury that alcohol does not excuse criminal responsibility. The accused, Michael Maughan, 40, pleaded not guilty to murder but guilty to manslaughter of Piotr Nowakowski, 31, who was stabbed twice on 23 July 2013 and died en route to a hospital. Maughan and his brother had been drinking with Nowakowski and two others earlier that day and returned to the apartment later that night. Maughan also pleaded not guilty to assaulting Declan O'Dea at the same address. The judge emphasized that intent can arise instantly and that pre‑planning is not required. The prosecution argued that ample evidence supported a murder conviction, while the defence highlighted Maughan's alcoholism and recent release from an addiction centre. The jury was sworn in for a week‑long trial.
The trial of Michael Maughan, 40, of Stone Court, Ennis, continues before a jury of seven men and five women under Mr Justice Paul Carney. Maughan pleaded not guilty to murder but guilty to the manslaughter of Piotr Nowakowski, 31, at Sandfield Mews, Ennis, on 23 July 2013. The prosecution rejected the manslaughter plea and a jury was sworn in for the murder trial. Maughan also pleaded not guilty to assaulting Declan O'Dea at the same address and date. Detective Garda Brendan Rouine testified that he saw a man with two stab wounds to the chest and that O'Dea was injured in the leg, face and head. He described the accused as "known to drink a lot" and recounted that Maughan claimed he was angry because he could not enter the apartment, that he had lifted his brother to gain entry, and that he stabbed Nowakowski twice after the victim emerged.
Michael Maughan, aged 40, pleaded not guilty to murder but guilty to manslaughter of Piotr Nowakowski, 31, at Sandfield Mews, Ennis, on 23 July 2013. He also pleaded not guilty to assaulting Declan O'Dea at the same address. In Garda interviews, Maughan admitted stabbing Nowakowski twice, kicking him in the head after paramedics arrived, and claimed he had no control, saying he "just went berserk" after seeing a knife. He denied intent to kill, stating he thought Nowakowski was drunk. Cross‑examination of Maughan by Garda Stephen Hession echoed this, describing the incident as "total madness" with no excuse. Margaret Nihill, Maughan's former girlfriend, testified about their relationship and his alcohol consumption that night. Deputy State Pathologist Dr Michael Curtis reported that Nowakowski died from stab wounds to the chest, lung and liver, plus blunt force trauma to the head, with a blood alcohol level of 415 mg per cent.
During a murder trial, a paramedic testified that he saw the deceased, Piotr Nowakowski, being kicked in the head. The accused, Michael Maughan, 40, pleaded not guilty to murder but guilty to manslaughter. The paramedic, Ralph O'Neill, arrived at 1:05 am after a call about a stabbing at Sandfield Mews. He described a scene where several men were present, the victim lying on the floor with multiple wounds, and a third man repeatedly kicking him. Maughan's brother, Darren, and the third man were also present. The paramedics left the scene at 1:57 am, hoping to transport the patient by helicopter, but he died at Shannon Airport. The trial continues with a jury hearing the case.
A 40‑year‑old man, Michael Maughan, has gone on trial at the Central Criminal Court for the death of Piotr Nowakowski, 31, who was stabbed in Sandfield Mews, Ennis, on 23 July 2013. Maughan pleaded not guilty to murder but guilty to manslaughter, a plea the prosecution said was unacceptable. He also pleaded not guilty to assaulting Declan O'Dea at the same address on the same date. The court heard that Maughan and his brother Darren entered the building early that morning, where three men – Nowakowski, O'Dea and a man called 'Magic' – were sleeping. Maughan allegedly stabbed Nowakowski with a kitchen knife, causing death. Testimony from witnesses, including Alan O'Neill and Garda John Moore, described the disturbance and the subsequent arrest. The Deputy State Pathologist, Dr Michael Curtis, confirmed the cause of death as stab wounds to the trunk with contributing blunt force trauma to the head. The case is now before the jury.
The High Court in Dublin ordered the forfeiture of €1,000 of the €3,000 bail paid by Edward Brunell for his son, Kenneth Brunell, a 27‑year‑old from Palmerstown. Kenneth was wanted by Dutch authorities for the 2009 murder of Keith Ennis, whose dismembered body was found in an Amsterdam canal. He had been arrested on extradition warrants issued in 2011 and was due to appear in court last week on a mutual assistance matter. Despite a mobile‑phone contact requirement, Kenneth failed to comply with bail conditions, having been found at an address in Finglas and having his phone powered off. The court, after hearing from Sergeant Seán Fallon, sanctioned the father for non‑compliance and remanded Kenneth in further custody. The case also involved other suspects, Barry McArdle and Philip County, who were sought by Dutch authorities.
Kenneth Brunell, 28, of Palmerstown, had his bail reinstated for a second time by the High Court after Dutch authorities sought his surrender for the 2009 murder of Keith Ennis, 29, whose dismembered body was found in an Amsterdam canal. Brunell was arrested in 2011 on extradition warrants and had previously had his bail revoked for failing to appear in court. He applied to vary his bail to attend a training course in Cork on 19 June, but did not attend and was missing for five days following a dispute with his father. Brunell denied any intention to flee, claiming he had nothing to run from. The court noted a significant improvement in his behaviour and, after hearing from his father, granted him bail of €3,000 on a €100 bond. The court found no evidence of conspiracy to escape jurisdiction. The case remains pending.
Kevin Jarlath Mitchell, 55, a former senior official at ACC Bank in Kilrush, was jailed for four years after pleading guilty to ten counts of theft, obtaining cash and a cheque under false pretenses, and falsifying a DIRT compliance certificate between January 1993 and February 2012. He stole €197,000 from pensioner John Patrick Ryan, who was led to believe his money was in a high‑interest account, and €250,000 from long‑term friends Patrick and Susan Flanagan. ACC Bank reimbursed Ryan and the Flanagans, and Mitchell surrendered his entire pension fund, valued at €600,000, as restitution. On appeal, the court found the offences very serious and, after considering Mitchell's restitution and lack of danger of reoffending, suspended the last two years of his sentence on the condition of good behaviour and keeping the peace.
Three men have pleaded not guilty to the murder of a twenty-year-old man in County Kildare in April 2013. James Seery, Quentin Monaghan, and Darren Wynne appeared before the Central Criminal Court charged with the killing of Jamie Lindsay at Coney Green, Coneyboro, Athy. Wynne also faces a charge of possession of a sawn-off shotgun and ammunition with intent to endanger life, though he has pleaded guilty to possession of a shotgun in suspicious circumstances on the same date. Seery and Monaghan have pleaded not guilty to further counts of weapons possession. During the trial, a witness testified that she observed one of the accused discharge a firearm at close range. She described the events leading to the shooting and stated that the accused subsequently disposed of the weapon and clothing. The trial continues before a jury at the Central Criminal Court with Mr Justice Garrett Sheehan presiding.
In a High Court decision on 9 May 2014, Mr Justice Iarfhlaith Ó Neill dismissed the appeal of 70‑year‑old Edward Lattimore, who had sought to remain in the council‑owned house at 21 Ennis Grove, Irishtown, Dublin 4. Lattimore had lived there since 1956, paid rent, and believed he was a joint tenant. After his sister's death in 2012 he discovered he was not a tenant and applied for succession to the tenancy. Dublin City Council (DCC) had refused, citing that a three‑bedroom dwelling was not suitable for a single person and offering a one‑bedroom accommodation nearby. Lattimore claimed the refusal breached his constitutional rights and the European Convention on Human Rights, citing medical evidence that leaving would seriously affect his health. The court found no breach of rights, upheld DCC's decision, and noted that DCC had met its statutory obligations by providing suitable housing close to his former home.
Kenneth Brunell, 27, of Palmerstown, and Barry McArdle, 27, of Drimnagh, were arrested in Ireland on extradition warrants issued in 2011 for the murder of Keith Ennis, 29, whose dismembered body was found in an Amsterdam canal in 2009. Brunell had been granted bail in October 2011 but failed to appear at a High Court hearing on 8 November 2012, leading to a bench warrant and his arrest ten days later. He was readmitted to bail on 7 May 2014 after a High Court judge considered his claims of fear and the length of time he would remain in custody before his case was heard. The judge set a €3,000 surety and a €100 personal bond, with conditions that he reside at a specified address, sign daily at a Garda Station, keep the peace and be of good behaviour. The case remains pending in the Supreme Court.
Thomas McMahon, 31, of Limerick, pleaded guilty to membership of the Irish Republican Army on 7 February 2013 alongside Noel Noonan, 34. Both were remanded on continuing bail for sentencing on 27 June. McMahon, a father of two and former chef, had previously been allowed to travel to Lithuania to attend a family wedding, with the court varying bail conditions in June and October of the previous year and again in January of the current year. On the day of the hearing, his counsel requested a final trip to Lithuania to visit his in‑laws, asking that McMahon's passport be returned and that the sign‑on conditions be removed from 2 May to 16 May. Prosecutor Tara Burns objected, citing Garda concerns that McMahon was a flight risk and that a substantial custodial sentence might be imposed.
Sean Farrell, a 28‑year‑old Dublin man, had his 2012 conviction for membership in the Irish Republican Army quashed by the Court of Criminal Appeal on 10 April 2014. The appeal was supported by TDs Clare Daly and Mick Wallace, who had visited Farrell in prison and expressed concerns about his conviction. The Court found that the Special Criminal Court had erred by not notifying Farrell's defence of evidence presented by Garda Chief Superintendent Diarmuid O'Sullivan, who claimed Farrell had been an active IRA member over a ten‑year period. The appellate judges held that the failure to give notice rendered the evidence prejudicial and the conviction unsafe. The Court dismissed the Director of Public Prosecutions' request for a retrial, noting it would be oppressive, and confirmed that Farrell had already served two years and three months of his sentence, with release expected in five months.
Two Dublin men, Kenneth Brunell and Barry McArdle, aged 27, are wanted in Holland for the murder of Keith Ennis, 29, whose dismembered body was found in an Amsterdam canal in 2009. They were arrested in Ireland on extradition warrants issued in 2011. A third man, Philip County, 31, had already been extradited to Holland in April 2011. Irish Judge John Edwards ordered their surrender to Holland but the men's lawyers argued that Dutch authorities abused process by drafting a prosecution instead of an investigation to secure extradition. Edwards acknowledged a potential problem in Irish law regarding judicial oversight of European Arrest Warrants and sent a question to the Supreme Court. He remanded Brunell to Cloverhill prison pending surrender, while McArdle, serving a domestic sentence, was remanded until 9 November 2017 with a postponed release order pending appeal. The case remains pending before the Supreme Court.
In the murder trial of 30‑year‑old Eugene Cullen, the State Pathologist Marie Cassidy testified that the deceased, Seamus O'Byrne, suffered five gunshot wounds, including one to the head, three to the back and one in the hip. She noted injuries to the brain, heart and lungs and stated the cause of death was the chest wounds, with head and leg wounds contributing. The prosecution alleged Cullen was not the gunman but part of a four‑man plot. Witnesses described a silver car and a Volkswagen Passat seen near the scene, and a silver Nissan Primera with a flat tyre. Garda investigations involved house‑to‑house enquiries, CCTV footage from an Applegreen station, and the discovery of a left‑handed black glove in a drain. The trial is proceeding before Mr Justice Barry White with a jury of five men and seven women. Eugene Cullen pleaded not guilty.
The High Court has ordered the surrender of two Dublin men, Kenneth Brunell (27) of Palmerstown and Barry McArdle (27) of Drimnagh, to Dutch authorities. They are wanted in connection with the 2009 death of Keith Ennis (29) of Walkinstown, whose dismembered body was found in an Amsterdam canal. Ennis was on the run from Gardaí at the time of his death, and his body parts were dumped in a suitcase in a canal on the northern outskirts of Amsterdam after he was stabbed. A third man, Philip County (31) of Lucan, had already been extradited to Holland in April 2011. Mr Justice John Edwards announced the decision to surrender the pair, noting that a detailed judgment would be issued on Friday, February 21. He also remarked that the judgment would be extensive and that he would simply hand it down, while the men remained in custody until that date.
In February 2012, Larry Connors, aged 21, was sentenced to three years in prison for child cruelty after pleading guilty to assaulting a 10‑month‑old baby between 15 December 2010 and 3 January 2011. The baby suffered fractures to both arms, a dislocated right elbow, bruising, a burn on the right calf and brain bleeding, and was taken to Midwestern Regional Hospital in Limerick. Connors, who lived in Shannon, Co Clare, was not the child's father. The mother described Connors slapping, pinching, punching and throwing the baby for three weeks. The Director of Public Prosecutions appealed, arguing the sentence was too lenient. The Court of Criminal Appeal, presided over by Justice Nial Fennelly, increased the sentence to the maximum of seven years, suspending the final two years. The appeal was based on the claim that the guilty plea did not save witnesses from giving evidence and that the original discount of over 50 % was an error.
The Special Criminal Court has granted 31-year-old Thomas McMahon, a Limerick man charged with IRA membership, permission to travel to Lithuania for a third time. The court acceded to an application to ease his bail restrictions until February 10, allowing him to visit his Lithuanian wife. McMahon, of Ros Fearna, Murroe, and his co-accused, 34-year-old Noel Noonan of St. Patrick's Hostel, Clare Street, were arrested in February 2013 near Cahir, Co Tipperary, during an investigation into dissident republican activities. Both men face charges of membership of an unlawful organisation styling itself the IRA. While Detective Inspector William Hanrahan of the Special Detective Unit objected to the application, citing the upcoming trial date of March 25 and concerns over McMahon's potential non-return, he acknowledged that McMahon had previously returned his passport within 24 hours. Presiding Judge Paul Butler noted McMahon's prior compliance and granted the variation. Counsel Michael Bowman BL confirmed the bail surety was present and requested the suspension of signing-on and residency conditions from February 1 to February 10. The matter remains at the pre-trial stage, with the trial scheduled for March 25.