Court archive

Court reports mentioning Kinsale, Cork

2025-10-30 · Cork

Action settled by wife of renowned psychiatrist who died after being hit by taxi

In a High Court personal injury case, the wife of Dr Martin Lawlor, a 49‑year‑old consultant psychiatrist who died after being hit by a taxi on 15 December 2018, secured a settlement. The case was brought against taxi driver Denis McSweeney, who had been convicted of hit‑and‑run and sentenced to four years' imprisonment, later reduced on appeal. McSweeney, now deceased, was replaced by Axa Insurance in the proceedings. Judge Emily Egan ordered the settlement, struck out the case, and awarded costs to the plaintiff. Dr Helen Murphy Lawlor, represented by senior counsel, alleged that McSweeney knowingly collided with her husband, left the scene recklessly, and showed no concern for his condition. The judge described the matter as "very, very sad" and expressed condolences to the Lawlor family. The case was resolved with the settlement and the striking out of the action.

2024-07-25 · Cork

Row over appointment of receiver to exclusive estate is resolved

Businessman Desmond McGahan sued Mars Capital Finance and receiver Rory Cotter over interference with the sale of Ballinacurra House, a Kinsale estate that has hosted celebrities such as Michael Jackson. McGahan, who owns the property with his wife Lisa and three children, sought an injunction to stop the receiver and security staff from restricting access and changing locks. He claimed the receiver was not properly appointed and that the fund might sell the house at a gross undervalue of €4 m. The defendants denied wrongdoing and opposed the injunction. The case was heard by Ms Justice Siobhan Stack, where Edward Farrelly SC and Keith Farry BL represented McGahan, and William Abrahamson SC and Edward Murray represented the defendants. The parties reached a confidential settlement after mediation, allowing McGahan to proceed with his sale plans. The matter was adjourned for several months to implement the settlement terms.

2024-06-14 · Cork

Visually-impaired man 'publicly humiliated' by bus refusal wins discrimination claim

Kenneth Walsh, a visually‑impaired man, was denied boarding a Bus Éireann coach with his guide dog on 26 June 2023, forcing him to take a taxi to a medical appointment. The driver, who had mistaken the coach for a double‑decker, claimed no space for the dog and told Walsh that it was not his problem. Walsh's bus was almost empty, and he had to leave the vehicle after the driver refused to accommodate him. The taxi lacked card facilities, so Walsh had to withdraw cash from an ATM, giving his PIN to the driver, which he described as extremely stressful. The Workplace Relations Commission found the driver's conduct unreasonable and discriminatory. Bus Éireann apologized, offered reimbursement, and the tribunal awarded Walsh €4,000 in compensation for the distress and inconvenience caused.

2023-07-28 · Cork

'House of horrors' murderer loses appeal over throwing second body into river

Jonathan Duke, 27, strangled at Bridge House, Bandon, on 12 November 2011, had his body moved downstairs, trussed with an electrical cord and thrown into the River Bandon. A day earlier, 42‑year‑old John Forrester had been killed in the same building and his body also disposed of in the river. Duke, a father‑of‑one, was visiting Forrester's murderers when he learned of the previous day's killing. Catherine O'Connor, former girlfriend of the victims, is serving life for both murders. Her boyfriend, Ciprian Grozavu, 49, denied murdering both men and was tried separately. Grozavu was found guilty of both murders and sentenced to life, but his murder conviction was quashed on appeal and he was retried in 2021. He was acquitted of murder but found guilty of two counts of impeding the apprehension or prosecution of another.

2022-12-20 · Cork

Murderer fails in bid to introduce new ground of appeal over 'house of horrors' conviction

Ciprian Grozavu, 48, a Romanian national, was convicted of murdering John Forrester, 42, in 2011 at Bridge House, Bandon. The body was tied with cable and dumped in the River Bandon. A 10‑day trial at the Central Criminal Court ended with a unanimous jury verdict and a mandatory life sentence imposed by Mr Justice Paul Carney in March 2014. In December 2022, Mr Justice George Birmingham dismissed a motion by Lorcan Staines SC that the jury should have received a warning about circumstantial evidence. The judge held that the case was based on direct evidence, including admissions by Grozavu and witnesses, and that neither side had requested a warning. The dismissal meant the appeal was not pursued. Grozavu's co‑accused, Catherine O'Connor, also pleaded guilty to the murder of Forrester and was sentenced to life. Grozavu was later found guilty of a second murder, Jonathan Duke, and received an eight‑year sentence for impeding the apprehension of another. Catherine O'Connor was acquitted.

2022-10-14 · Dublin

€72k retirement fund transferred to money mule

A 21-year-old student from Dublin has received a suspended sentence after pleading guilty to handling criminal proceeds and money laundering offences. Michael Fakinle, with an address in Rathfarnham, allowed his Bank of Ireland account to be used by unknown individuals operating a fraud scheme targeting multiple victims across Ireland. Between 2020 and 2021, the account received funds obtained through email hacking, including a retirement fund of €71,892.41 belonging to a recently retired woman in the southwest, which was recovered before being removed. Other victims, including business owners in Donegal, Cork, and the midlands, lost sums ranging from €1,100 to €5,000 that were never recovered. At Dublin Circuit Criminal Court, Judge Pauline Codd imposed concurrent sentences totalling three and a half years, suspended for four years on strict conditions. She noted Fakinle operated at a low level within the conspiracy but acknowledged his recklessness in engaging with criminal associates. The court ordered €1,000 compensation be distributed among injured parties.

2022-05-10 · Dublin

Scammers diverted €71k retirement fund to money launderer's account

At Dublin Circuit Criminal Court, a 21-year-old student pleaded guilty to handling the proceeds of crime and money laundering following a fraud scheme in which victims' emails were hacked and their money redirected to his bank account. The defendant allowed his Bank of Ireland account to be used by an unknown third party between 2020 and 2021. A recently retired woman from the south-west had her pension fund of €71,892.41 transferred into the account in May 2020, but it was recovered within four days. However, other victims lost money that was never returned: a water filtration company shareholder lost €5,000, a Kinsale restaurant owner lost €1,339, a midlands pharmacist lost €3,251, and a Donegal construction company lost €1,100. Judge Pauline Codd adjourned sentencing to October 7 to allow for a probation report and to give the defendant time to raise additional compensation funds. He had lodged €500 in court.

2022-04-22 · Cork

Driving range forced to downsize as 'young bulls' hit golf balls too far, WRC hears

A driving range in Douglas, Co Cork, has been forced to downsize due to stray golf balls caused by 'young bulls' – strong, physically powerful players – leading to damage to neighboring properties. The owners, Colman and Michael Ryan, along with their mother Margaret Ryan, trading as Frankfield House, are defending a complaint under the Unfair Dismissals Act by their former employee, Gary O'Sullivan, who was made redundant in August 2020. Michael Ryan testified that the golf range had to reduce its size significantly, leading to the redundancy of Mr O'Sullivan, as the family could manage the outdoor work themselves. He claimed the redundancy was due to safety concerns and the high cost of fencing the property. Mr O'Sullivan, however, alleges that his redundancy was not genuine, citing a row with Colman Ryan during a thunderstorm in July 2020, which led to tension and his eventual dismissal. The adjudicating officer, Michael McEntee, adjourned the hearing to consider his decision, which is expected to be delivered in the next seven to eight weeks.

2021-07-30 · Cork

Rough sleeper raped intoxicated woman (20) who lay down to sleep in park

Dermot O'Connor, aged 49, was jailed for five and a half years after pleading guilty to raping a 20‑year‑old woman in a public park on 21 July 2019. The victim, who was intoxicated and had separated from her friends, had gone to sleep in the park and was assaulted while sleeping. O'Connor first sexually assaulted her and left, then returned to rape her again. The victim gave a victim impact statement, describing anxiety, depression and fear of being alone after the assault. Mr Justice Michael MacGrath, hearing the case, noted the opportunistic nature of the attack and the delays caused by the pandemic. He imposed a six‑year sentence, suspended the final six months, and took into account the absence of prior sexual offending and the victim's relief at the guilty plea. The investigation involved 60 witness statements, 300 hours of CCTV footage and DNA evidence linking O'Connor to the assault.

2021-07-27 · Cork

Murderer gets eight years for throwing another victim's body in River Bandon

In 2011, Jonathan Duke, 27, was strangled at Bridge House, Bandon, and his body was thrown into the River Bandon. A day earlier, John Forrester, 42, had been murdered in the same building. Gardaí believe Duke was killed because he knew of Forrester's murder. Catherine O'Connor, former girlfriend of Forrester, is serving life for both killings. Her boyfriend, Ciprian Grozavu, 47, denied both murders and was tried separately. He was found guilty of both murders, sentenced to life, but appealed the Duke conviction; the Court of Appeal quashed it and ordered a retrial. At the retrial, Grozavu was acquitted of murder but found guilty of two counts of impeding the apprehension or prosecution of another. Mr Justice Michael MacGrath sentenced him to eight years for assisting O'Connor in disposing of Duke's body in the river and a concurrent six‑year sentence for removing the body from the scene.

2021-06-04 · Cork

Mandatory sentencing in drug trafficking law unconstitutional, High Court finds

The High Court has struck down a 15-year prison sentence imposed on Sean McManus, finding that Section 27(3F) of the 1977 Misuse of Drugs Act is unconstitutional. Mr Justice Michael Twomey ruled that the provision, which mandates minimum sentences for repeat drug trafficking offenders, impermissibly interferes with the judiciary's constitutional power to determine individual sentences. McManus, 39, from Baldoyle, Dublin, pleaded guilty in 2018 to possession of cocaine for sale or supply at Seascape, Dromleigh, Bantry, Co Cork, where the street value exceeded €13,000. He was previously convicted of drug trafficking in 2009. While his 2018 conviction stands, the judge ordered the sentence to be remitted to the Circuit Criminal Court for reconsideration. McManus's co-accused, Molly Sloyan, 28, from Kinsale, Co Cork, was jailed for ten years with the final three suspended. William Gilsenan and Dean Gilsenan received sentences of seven years with two suspended and ten years with three suspended, respectively. The court noted the defendants were involved in running a "cocaine factory" using solvents to extract cocaine from fabric. The State respondents opposed the action, arguing McManus lacked standing, but the High Court was bound by the Supreme Court's 2019 decision in the Wayne Ellis case, which declared similar mandatory sentencing provisions in the 1964 Firearms Act unconstitutional. The matter will be mentioned before the court at a later date for final orders.

2021-02-22 · Limerick

Burglar given suspended sentence after being shot in face to be jailed after appeal

Tomas Mikalajunas, 41, a Lithuanian national, was sentenced by the Court of Appeal to two years and nine months in prison for two burglaries and one criminal damage charge. He had originally received a suspended five‑year, six‑month sentence after a 2016 incident in which a Garda's accidental gun discharge left him with life‑changing injuries, including difficulty speaking and eating. The burglaries involved a pharmacy in Kinsale (January 2015) where €60,000 of high‑end perfumes were stolen, and a boutique in Adare (2016) where €80,000 of clothing was taken. The Court of Appeal found the original sentence unduly lenient and imposed the new term, with no portion suspended, while also imposing a concurrent two‑year sentence for criminal damage. Mikalajunas was present via video link from Lithuania. Tomas Mikalajunas pleaded guilty.

2020-10-20 · Cork

Garda who approached people for loans seeks to prevent dismissal

Garda Paul Mulcair, stationed at Kinsale Garda Station, has filed a High Court challenge to stop his dismissal after an internal probe found he breached Garda Discipline Regulations. Between 2014 and 2017, Mulcair allegedly approached 10 community members for loans totalling €140,300, receiving €9,700. He admits asking for money but denies requesting €120,000 from one individual. A Board of Inquiry concluded he breached discipline, recommending dismissal for two breaches and resignation for five. Acting Commissioner John Twomey dismissed Mulcair, citing the board's findings. Mulcair argues the disciplinary process was flawed, that irrelevant matters were considered, and that the board's decision was pre‑determined. He seeks judicial review to quash the board's findings, recommendations and dismissal decision. Permission to proceed was granted ex‑parte by Mr Justice Charles Meenan, with the case adjourned to December.

2019-10-08 · Cork

Daniel O'Donnell superfan's "cocaine factory" sentence "simply too high"

Molly Sloyan, 26, from Kinsale, was sentenced to 10 years' imprisonment with the final three years suspended for her role in a cocaine "factory" operation in Bantry. The Court of Appeal found the headline tariff too high, reducing it to seven years, then to five years after mitigating factors. Sloyan admitted to renting a house, hiring a car and buying chemicals used in extracting cocaine from imported fabric, but she was not involved in the extraction itself. She was not the mastermind or top of the hierarchy, though she provided logistical support and was fully aware of the operation. The Court noted her lack of prior convictions, early guilty plea, cooperation with Gardaí, and a psychological report detailing life adversities. A suspended 18‑month period was imposed, and she must fully cooperate with probation services for two years. The decision was made by Mr Justice John Edwards, Mr Justice Patrick McCarthy, and Ms Justice Isobel Kennedy.

2019-07-23 · Cork

"Daniel O'Donnell superfan" has "cocaine factory" sentence cut in half

Molly Sloyan, 26, from Kinsale, Co Cork, had her 10‑year prison sentence for participation in a cocaine "factory" cut in half by the Court of Appeal. She had pleaded guilty at Cork Circuit Criminal Court to possession of cocaine for sale or supply at Seascape, Dromleigh, Bantry, on 26 November 2017. The original sentence, imposed by Judge Seán Ó Donnabháin, was 10 years with the final three years suspended, after the court described the operation as a sophisticated system of extracting cocaine from fabric imported from Brazil. Sloyan admitted renting a house on Airbnb, hiring a car and buying chemicals used in the extraction. The Court of Appeal found the headline sentence "simply too high" and re‑sentenced her to five years with the final 18 months suspended.

2016-04-21 · Cork

High Court to decide on Friday over "fittest family" auction injunction

The High Court will decide on Friday whether to extend an injunction that prevented disruption of an auction of 1,000 cows and calves belonging to Peter and Tracey Kingston of Craden Hill Farm, Kinsale. The injunction was granted by the Cork County Sheriff, Solicitor Sinead McNamara, after concerns that members of the Land League and New Land League, including spokesman Jerry Beades, might interfere with the sale. The auction took place on 12 April and the cattle were sold, but two bidders failed to pay, raising the possibility of resale. McNamara seeks further orders to protect the collection of animals from the farm and to prevent bidding that could frustrate the sale. Beades, representing himself, disputed the injunction's validity, claiming no connection to the Kingstons and that the protest was peaceful. During the hearing, heated exchanges occurred between Beades and Judge Gilligan, who warned that further derogatory remarks would result in his removal from the court.

2016-04-19 · Cork

Action over "fittest family" cattle auction returns to High Court

In a High Court case concerning the auction of more than 1,000 cattle owned by Peter and Tracey Kingston of Craden Hill Farm, the action was adjourned. The Kingston farm had entered receivership last year, and a receiver was appointed. The Cork County Sheriff, Sinead McNamara, secured an injunction to prevent protesters from disrupting the sale, which was held on 12 April and resulted in the cattle being sold. Two bidders who had won about 500 animals failed to pay, raising the possibility of resale. The Sheriff's counsel, Frank Callanan SC, requested an extension of the injunction, citing urgent developments, including an expiring export licence. Jerry Beades, representing himself, challenged the injunction's validity, claimed he was not involved with the Kingstons, and sought to have the order set aside. He also accused the judge of unfairness and requested recusal, but Justice Paul Gilligan denied the request and rejected the accusations.

2016-01-11 · Cork

Police killer to await sentence fate over biggest drugs seizure in Irish history

Perry Wharrie, 56, an Englishman, is awaiting a new sentencing decision after a 30‑year prison term was overturned on appeal for his role in Ireland's largest drug seizure. The 2007 haul of €440 million in cocaine was recovered off Dunlough Bay when a rigid inflatable boat, carrying 1.5 tonnes of the drug, sank after its petrol engine was filled with diesel. Wharrie was found guilty of possession for sale or supply by a Cork Circuit Criminal Court jury and sentenced by Judge Seán Ó Donnabháin to 30 years imprisonment on 23 July 2008. Two accomplices received 30 and 25 years respectively, while a third who pleaded guilty was jailed for ten years. The Court of Criminal Appeal ruled that the original sentence was too severe, and a new, lower sentence will be imposed on 15 February. The case highlights the scale of the seizure and the legal process for reviewing sentencing in Ireland. Perry Wharrie pleaded not guilty.

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.