Court archive

Court reports mentioning Cork City, Cork

2015-11-17 · Cavan

Lithuanian woman flown into country to marry Bangladeshi man so he could get visa, court hears

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.

2015-11-05 · Cork

Addicts became embroiled in fatal argument over injecting heroin, murder trial hears

In a Central Criminal Court hearing, Peter Jackson (41) pleaded not guilty to murder but guilty to manslaughter for the death of David Hamilton (31) on 4 May 2012. Jackson and his girlfriend, Pamela McHale (26), had bought two bags of heroin and met Hamilton at a house on Kerryhall Road, Fairhill. After Jackson injected himself and McHale, he struggled to find a vein for Hamilton, sparking an argument. Jackson then seized a knife from the table and stabbed Hamilton in the chest. McHale later called an ambulance under a false name and did not disclose the incident to police until the next day. Hamilton died three days later. The trial continues before a jury and Justice Isobel Kennedy.

2015-10-22 · Cork

Investment fund secures €47m judgement against developers

At the High Court in Dublin, an investment fund has secured a judgment of €47 million against property developers Michael and Kevin Corbett for unpaid loans, with an additional €10 million ordered against Michael Corbett alone. LSREF III Achill Investments Ltd, which acquired the loan facilities from Ulster Bank, sought summary judgment in the Commercial Court following the Corbetts' failure to repay monies advanced in 2010 and 2011. The loans, which were repayable on demand, financed various property developments across Cork including office buildings, student accommodation, and commercial premises. Mr Justice Max Barrett granted judgment, noting that whilst he sympathised with the developers' circumstances, the law provided no basis to defer the case to a full hearing. The judge used the ruling to highlight the vulnerability of a category of borrowers who fall outside consumer credit protections, describing them as occupying a middle ground between consumers and commercial actors. He emphasised that courts must remain vigilant against unconscionable bargains but found no such concerns in this matter.

2015-06-15 · Monaghan

"Devoted family man" jailed for transporting cannabis

A 45-year-old man from Castleblayney, County Monaghan, has been sentenced to two and a half years' imprisonment following his conviction for drug trafficking. At Dublin Circuit Criminal Court, Mark Donnelly pleaded guilty to possession of 37 kilograms of cannabis resin on the M1 in north Dublin on 13 February 2014. The drugs carried an estimated street value of €221,400. Donnelly told gardaí he had agreed to transport the narcotics to settle a debt owed to a man who had threatened him. His legal team presented character references from former employers and community members, noting his background as a self-employed joinery worker and involvement with his local hurling club. Judge Martin Nolan described him as a hard-working family man and first-time offender who had made a grave error of judgement under pressure. Detective Garda Eoin Roche confirmed that gardaí, acting on confidential information, intercepted the van as it travelled south from County Louth.

2015-06-12 · Dublin

Convicted rapist and child abductor sues State over recording of phone calls

Michael Murray, who was found guilty in 2013 of rape, child abduction, and other serious offences and sentenced to 15 years by Mr Justice Patrick McCarthy, has brought a High Court action against the State. Murray claims prison authorities unlawfully recorded confidential phone calls between him and his solicitors while he was incarcerated at Midlands Prison. He seeks injunctions, a declaration that the authorities acted outside their powers, damages for breach of constitutional rights, and an independent review. The matter is currently at the pre-hearing stage before High Court President Mr Justice Nicholas Kearns. Murray, representing himself, requested an order compelling the State to provide all documents and records of communications with his legal advisors and the return of a computer seized by An Garda Síochána. Counsel for the State, Colm Smyth SC, stated that recordings were made inadvertently because Murray did not use designated confidential lines, and that the computer was seized as part of a Garda investigation. Mr Justice Kearns ruled that Murray is entitled to discovery of recordings of calls made to his legal advisers between May and July 2013. The judge determined that the issue regarding the computer is a matter for the full hearing. The case is due before the court later this year and will be opposed by the State. Murray's appeal to the Court of Appeal remains on hold until this High Court action is determined.

2015-06-09 · Cork

Burglars who were pursued by homeowner have jail terms cut by more than half

Three burglars—James Cash (28), Thomas Wall (23), and William Wall (32)—were convicted at Cork Circuit Criminal Court on four burglary counts committed in Cork City on 1–2 December 2012. They had been acquitted of three other burglary counts and of possessing burglary implements. Cash received a seven‑year sentence with one year suspended; the Walls each received seven years with two years suspended. On appeal, all three had their sentences reduced. Cash was sentenced to four years with 21 months suspended, giving an effective custodial term of 3 years 9 months. The Walls each received four years with two years suspended, giving an effective custodial term of 2 years 10 months. The appeal court noted Cash's extensive prior record and the Walls' lack of significant convictions, and adjusted the starting points accordingly. The new sentences were imposed by Judge Seán Ó Donnabháin on 4 February 2014.

2015-04-20 · Cork

Cork-based student jailed for sexual assault

Trevor Andre, a 27‑year‑old student from Pembroke Woods, Passage West, was convicted at the Central Criminal Court of attempted rape and sexual assault after he entered a woman's house on 8 June 2013, climbed into her bed while she slept, and attempted to insert his penis into her mouth. The victim, who is in her twenties, reported that she woke to find Andre straddling her and that he had tried to molest her breasts and mouth. She punched and squeezed his testicles and shouted for him to leave. Andre pleaded not guilty, but a jury of four women and eight men found him guilty. Mr Justice Tony Hunt sentenced him to six years' imprisonment, suspending the last two years on the condition that he remain under Probation Services supervision for two years after release.

2015-01-27 · Cork

Rapist fails in bid to have his conviction declared perverse

In 2011, George Arundel, 27, was found guilty of attempted rape, sexual assault, rape and false imprisonment at Tinker's Field, Cork, and sentenced to ten years' imprisonment in 2012. He appealed to the Court of Appeal, arguing that the jury's verdict was perverse and that inconsistencies in the victim's testimony undermined the conviction. The Court of Appeal dismissed his appeal, stating that any inconsistencies were matters for the jury and that the evidence was substantially consistent. Arundel also appealed his sentence on the basis of mitigating circumstances, including his age and drug addiction, but the Court of Appeal upheld the original sentence, finding no error in the sentencing process. The appeal was dismissed, and Arundel remains in prison to serve the remainder of his term. George Arundel pleaded not guilty.

2015-01-26 · Cork

Challenge launched against redevelopment of hospital where Michael Collins' body was taken

A High Court challenge has been launched against An Bord Pleanala's decision to allow the redevelopment of Shanakiel Hospital, the site where Michael Collins' body was taken after he was shot in 1922. The challenge was brought by Raymond Duggan of Knockshedan, Shanakiel Cork, who claims that the buildings slated for demolition are protected structures. Duggan alleges that An Bord Pleanala misinterpreted the scope of protected structures and failed to recognize that these buildings form part of the protected structure. The court heard that Duggan's family previously owned the hospital site, which was converted into a hospital in 1908 and treated Irishmen injured in WW1. The development proposal includes the demolition of the former hospital building, stables, and other ancillary structures, as well as the redevelopment of Shanakiel House and the construction of two new dwellings. Duggan seeks an order quashing the planning permission granted by An Bord Pleanala and declarations that the planning authority failed to act in accordance with fair procedures and constitutional justice. The matter was adjourned and is returnable to a date in March.

2015-01-23 · Cork

Murderer appeals conviction on grounds that gardaí "harvested" information after arrest for separate matter

John Walsh, 49, appealed his murder conviction, arguing that Gardaí had "harvested" evidence after misleading his solicitor about the nature of his arrest. He was arrested on a bench warrant for failing to display a valid NCT certificate, and his solicitor, Frank Buttimer, was told this was the only issue. While in custody, Walsh provided five sets of material evidence related to the murder of John McManus, which the appeal contends was done without meaningful legal advice. The appeal cites the Supreme Court's Gormley ruling, which requires suspects to receive meaningful legal advice before interrogation. The Court of Appeal has reserved judgment, with a decision expected "as soon as possible.".

2015-01-20 · Cork

Man who stomped on man's head repeatedly in "excessive self-defence" case has jail term cut by seven years

Michael Butler, aged 33, was convicted of serious assault for stomping on the head of Billy Barry in Cork on 25 July 2010. He had pleaded not guilty but was found guilty by a jury at Cork Circuit Criminal Court and sentenced to 15 years imprisonment by Judge Seán Ó Donnabháin on 2 March 2012. Butler appealed the conviction but the Court of Appeal upheld the conviction. The Court of Appeal, however, reduced the 15‑year sentence to eight years, citing that the assault was an instance of "excessive self‑defence". The court noted that Butler was attacked with a knife twice, that he saw his mother and girlfriend being assaulted, and that he was acting in a context where armed men had appeared. The judge stated that the original sentence did not adequately consider the surrounding circumstances and that the incident was not created by Butler.

2015-01-19 · Cork

Seychelles native to be sentenced for attempted rape

Trevor Andre, a 27‑year‑old student from Pembroke Woods, Passage West, Co Cork, will be sentenced in March for attempting to rape and sexually assaulting a woman in Cork on 8 June 2013. He pleaded not guilty to rape, attempted rape and sexual assault. A jury of four women and eight men convicted him of the attempted rape and sexual assault charges but acquitted him of rape. Andre, a native of Seychelles, admitted to the assault after his arrest, claiming the victim may not have been fully awake and that her eyes were closed. The victim, in her twenties, reported severe post‑incident trauma, including nightmares, panic attacks and loss of trust. Mr Justice Tony Hunt adjourned the sentence to March and ordered an updated Probation Report. The case was prosecuted by Marjorie Farrelly SC and defended by Sean Gillane SC. The trial was held at the Central Criminal Court.

2014-12-01 · Cork

Trial of man accused of raping his sister-in-law hears medical evidence

The Central Criminal Court trial of a 55‑year‑old man accused of raping his sister‑in‑law has progressed to day seven. He pleaded not guilty to five counts of rape and assault, and denied falsely imprisoning the woman. Medical evidence was presented by a doctor from the South Infirmary Hospital's sexual assault unit. The doctor described bruising on the complainant's face, chest, nipples, left breast, right buttock and right thigh, noting a large bruise on the right cheek and a five‑centimetre bruise on the right nipple, consistent with forceful blows. The examination also revealed scratches across the collarbone. The accused had been arrested a week after the alleged assault and had denied any assault, claiming the incident never occurred and accusing the woman of lying. The trial continues before Justice Patrick McCarthy with a jury of nine men and three women.

2014-11-25 · Cork

Pair who sexually assaulted one woman and assaulted another get more suspended from sentences

Two teenage men, Adam Heneghan (21) and Colin O'Sullivan (22), had their suspended prison sentences increased by the Court of Appeal after they sexually assaulted one woman and assaulted another with a bottle in Cork on 3 December 2011. Heneghan pleaded guilty to assault causing harm and sexual assault, receiving a nine‑year sentence with the final year suspended; O'Sullivan was found guilty by jury of assault causing harm and later pleaded guilty to sexual assault, receiving a ten‑year sentence with the final year suspended. The Court of Appeal, citing the seriousness of the offences and the defendants' youth, lack of prior convictions, and O'Sullivan's developmental issues, increased the suspended portions: Heneghan's suspended period was raised to four years, and O'Sullivan's to three‑and‑a‑half years. Both men will serve the remaining custodial time and have bonds of €1,000 to maintain good behaviour. The appeal was upheld on 25 November 2014.

2014-10-21 · Laois

Laois man who raped and sexually assaulted his step-daughter sentenced to 14 years

Noel Maher, aged 42, was sentenced to 14 years in prison for raping and sexually assaulting his step‑daughter Amy Kenna over an eight‑year period. The abuse began when Kenna was ten and escalated to rape when she was thirteen, continuing until 2009. A seven‑day trial in July found Maher guilty of three counts of sexual assault between 2001 and 2007 and 34 counts of rape between 2005 and 2009, all at various locations in County Laois. The judge, Justice Garrett Sheehan, noted the victim's suffering and praised her courage, imposing a 14‑year sentence with the last two years suspended on the condition that Maher participate in a sex‑offender programme while incarcerated. The case highlighted the persistent, threatening nature of the abuse and the victim's ongoing recovery efforts.

2014-05-13 · Cork

GSOC drop investigation of garda acquitted of assault

In May 2012 a 16‑year‑old boy was arrested in Cork City and pepper‑sprayed by Garda Brendan Dowling and Garda Fiona Sheehan. The teenager complained of assault, prompting the Garda Ombudsman Commission (GSOC) to investigate. GSOC's findings led the Director of Public Prosecutions to prosecute both officers. At Cork District Court, CCTV footage and the teen's testimony were presented; the prosecution withdrew, and the charges were struck out. Dowling was acquitted. After the acquittal, GSOC announced a fresh investigation into Dowling's conduct, alleging abuse of authority. Dowling sued in the High Court to stop this investigation, arguing it breached natural justice. Judge Gerard Hogan, with consent from both parties, quashed GSOC's decision to open a new inquiry and prohibited GSOC from investigating Dowling regarding the May 12, 2012 incident. The case concluded with no further action against Dowling. The unnamed teenager had the case dismissed.

2014-05-09 · Cork

Two Cork men jailed for six years for possession of handguns

The Special Criminal Court sentenced Anthony Carroll (31) and Brian Walsh (44) to six years' imprisonment for the unlawful possession of firearms. Both men pleaded not guilty to possessing a Walther PI 9mm semi-automatic pistol, a Smith & Wesson .22mm Magnum revolver, and 12 rounds of ammunition found in a van on Deanrock Avenue, Togher, on February 23, 2013. The court found sufficient evidence of joint enterprise and unlawful purpose. Justice Paul Butler imposed a seven-year sentence, reduced by one year for the manner of the trial, resulting in a net six-year term. Sentences were backdated to April 25, 2013, for Carroll and February 25, 2013, for Walsh. The State entered a Nolle Prosequi regarding a charge of IRA membership. Carroll's prior four-month suspended sentence for pepper spray possession was noted, with its lifting currently under appeal. The judge stated that neither defendant provided credible indications of future conduct to warrant further suspension.

2013-12-12 · Cork

Dangerous rapist granted bail

John English, 36, a rapist convicted of raping an Australian tourist in 2002, was re‑sentenced to 18 years with five years suspended in 2004. He was released in September 2012 but re‑arrested after breaching the suspended term by drinking alcohol. In February 2013, a judge re‑activated the five‑year jail term. English appealed, arguing that the obligation to comply with probation recommendations applied from 2004, not from his release. The Court of Criminal Appeal accepted this technical point and granted him bail pending the appeal. Bail conditions include abstaining from alcohol, keeping the peace, good behaviour, signing in at Mayfield Garda Station on specific days, and surrendering his passport. The case will be mentioned again on 12 February 2014.

2013-10-21 · Cork

Mother-of-three sentenced to life for murder for second time this year

A 37‑year‑old Cork mother of three, Catherine O'Connor, was sentenced to life in prison for the murder of her 42‑year‑old neighbour, John Forrester, on 12 November 2011. O'Connor pleaded guilty at the Central Criminal Court. Forrester's body was found on 15 November 2011 in the River Bandon, wrapped in carpet and tied with a belt from O'Connor's cardigan. The autopsy revealed blunt force trauma, asphyxia, a broken hyoid bone, bruising to the throat, a fractured skull, broken ribs, a broken hip and lacerations to the head and mouth. Evidence included O'Connor's fingerprints on a broken Man Utd cup and Forrester's blood on a mobile phone in her flat. O'Connor had been in custody since 28 January 2012 and had 55 prior convictions, including a previous murder. Mr Justice Paul Carney imposed a mandatory life sentence, and O'Connor was led away in a grey hooded jacket, black trousers and boots.