Court archive
Court reports mentioning Dunmanway, Cork
2023-12-19 · Cork
Helen Lucey, Coroner for North Kerry, has filed a High Court challenge against An Bord Pleanala, the Minister for Housing and Local Government, and the Attorney General over the decision that lands in Tonafoa, Dunmanway, Co. Cork, are eligible for the Residential Zoned Land Tax (RZLT). Lucey inherited the lands from her late father and intended to seek planning permission to build houses or sell the land to a builder. A planning professional advised her that obtaining permission would be futile because Cork County Council is refusing all planning permissions in the Dunmanway area due to the local wastewater treatment plant's limited capacity. In March, the council added the lands to a map of RZLT sites, a decision Lucey appealed to An Bord Pleanala. The board dismissed her appeal and upheld the council's decision. Lucey now seeks judicial review, arguing the decision is unfair, unlawful, and irrational, and that the 2022 RZLT guidelines were issued without proper jurisdiction.
2023-06-27 · Cork
The High Court has quashed a condition imposed on Fiona O'Leary, a campaigner against pseudoscience, following the resolution of her judicial review proceedings against the Director of Public Prosecutions. In January, at Bandon District Court, Judge James McNulty sentenced Mrs O'Leary to 60 days imprisonment, suspended for two years, after she pleaded guilty to an offence contrary to Section 13 of the 1994 Criminal Justice Act (Public Order) Act. She was charged with trespassing on a property at the Priory, Maulatanvally, Reenscreena Rosscarbery, Cork, in a manner likely to cause fear. The prosecution case relied on a statement from Fr Giacomo Ballini and alleged that Mrs O'Leary uploaded video footage of the premises to social media. As part of the sentence, the judge imposed conditions requiring her to keep the peace and refrain from engaging in abusive or offensive behaviour in any public place or forum, including social media, for the two-year suspension period. Mrs O'Leary, represented by Bernard Condon SC and Conor McKenna BL, challenged this condition in the High Court, arguing it breached her right to freedom of expression. On Tuesday, Mr Justice Charles Meenan was informed that the action had resolved and the DPP consented to an order quashing the specific condition. Mrs O'Leary stated that she requires social media access for her activism against misinformation, while maintaining she does not intend to be abusive.
2022-03-07 · Cork
Thomas Fitchett, 34, of Skibbereen, was sentenced by Ms Justice Eileen Creedon at the Central Criminal Court for impeding a murder investigation. He pleaded guilty to a Section 7(2) charge under the Criminal Law Act 1997, knowing that Jonathan Ustic, 51, had been murdered and intentionally hindering the apprehension of the perpetrator. Fitchett had driven a man away from Ustic's house on 24 September 2017, believing Ustic was still alive after a violent assault. He was later involved in a serious head‑on collision near Dunmanway, where he was injured and the passenger fled. Gardaí later confirmed Ustic was dead. Fitchett's sentence was a headline term of three years, with a two‑year suspended portion, and a condition of good behaviour. He had no prior convictions and expressed regret. The judge noted his intoxication and the collision as mitigating factors. The probation report indicated a moderate risk of reoffending within 12 months.