Court archive

Court reports mentioning Cork

2022-11-15 · Dublin

Man admits trying to murder pregnant woman

A 34‑year‑old man, Dean Paget, pleaded guilty to attempting to murder a pregnant woman, Lisa Ward, who was seriously injured in an attack on 25 April 2021 at Montague Lane, Dublin 2. Paget, who has no fixed abode, was arraigned before the Central Criminal Court via video link from Cork on 15 November 2022. Judge Paul McDermott explained the normal practice would be to have the defendant present in court because of the gravity of the charge, but the defendant was allowed to plead via video link. The judge read the indictment to Paget, who answered "guilty." The court ordered an urinalysis and noted that a victim impact statement would be required. Sentencing was scheduled for 30 January, and Paget was remanded in custody until that date. The hearing was brief, with the victim present in the courtroom.

2022-11-14 · Cork

Man fails in bid to overturn conviction for raping sister

In a case heard at the Central Criminal Court, a 39‑year‑old man was convicted of raping and sexually assaulting his younger sister when he was 12 to 14 years old, between November 1995 and January 1998. He was sentenced to four years' imprisonment and placed on the sex‑offender register. The man appealed the rape conviction, arguing that the trial judge erred by including details of other withdrawn counts in the jury's charge. He also contested whether there was sufficient evidence to rebut the presumption of incapacity to commit a crime (doli incapax). The Court of Appeal, led by Ms Justice Isobel Kennedy, considered three strands of evidence: the victim's distress, the private setting of the alleged assault, and the defendant's reaction to his older sister's arrival. The court found the evidence sufficient to allow the jury to infer that the defendant knew his conduct was gravely wrong, and it dismissed the appeal, affirming the conviction.

2022-11-14 · Cork

Man jailed for abusing sister over 17-year period

A 45‑year‑old Cork security guard, Andrew Healy, was sentenced to six and a half years in prison for sexually assaulting his younger sister over a 17‑year period. He pleaded guilty to 16 counts of sexual assault between 1992 and 2009, including an attempted rape. The abuse began when the sister was about four or five and Healy was 15, occurring mainly in their family home in Ballingcollig, with some incidents at a second Cork location and at Healy's flat in Wilton. The victim, who chose to waive anonymity, reported the abuse to Gardaí in 2017 after years of daily molestation. Healy's guilty plea and the victim's testimony led to a sentence of seven and a half years, with the final year suspended and conditions such as probation supervision, no unsupervised contact with minors, and no contact with the victim without permission. The court noted Healy's remorse and the mitigating effect of his early plea.

2022-11-04 · Dublin

Blind woman who stole €40k in benefits gets suspended sentence

A blind homeless woman, aged 39 and known as Rosemarie Fearsaor or Maria Rosita Apacha Marchega, pleaded guilty last year to five counts of stealing about €40,000 in welfare benefits between 2011 and 2015. She later claimed a wish to change her plea to not guilty, but the DPP was not notified. In court she represented herself, refusing a solicitor or barrister. Judge Martin Nolan, after noting the case had been adjourned 14 times and the accused's uncooperative behaviour, imposed a fully suspended three‑year sentence on strict conditions, including a bond to keep the peace. The judge warned that refusal to accept the bond would lead to custody. The woman interrupted the judge during sentencing, initially refusing the bond but later agreeing to abide by it. The State alleged she also claimed over £50,000 in UK benefits under false identities, and that she had used multiple names and false documents.

2022-10-24 · Dublin

High Court judge criticises SF TD's 'ill-informed' comments

Mr Justice Paul McDermott, presiding over the Central Criminal Court, publicly refuted claims made by Sinn Féin TD Martin Kenny in Dáil Éireann. Kenny, acting as Justice Spokesman, had alleged that court facilities outside Dublin, specifically in Limerick, were underutilised because judges were unwilling to travel from their base locations. He stated that witnesses and victims were forced to travel to Dublin despite adequate local facilities. Mr Justice McDermott described these assertions as "concerning" and "ill-informed," asserting it is "simply incorrect" to suggest High Court judges lack willingness to travel. He noted that during the current session, cases were heard in Cork, Kilkenny, Monaghan, and Tullamore, with Waterford expected to join soon. The judge emphasised that the Central Criminal Court actively seeks these venues to reduce the burden on victims, acknowledging the "extreme distress" caused by travel. Regarding Limerick specifically, he clarified that the court is currently unavailable, but stated unequivocally that if it were accessible, judges would travel there. He concluded by affirming that there is "no question" of any High Court judge being unwilling to travel to hear cases, reiterating the judiciary's commitment to utilising available regional facilities.

2022-10-21 · Dublin

Manager sacked over Port Tunnel 'prank' that was 'most serious incident' in its history

In a decision by the Workplace Relations Commission, the sacking of duty manager Martin Browne by Egis Road and Tunnel Operation Ireland Ltd. was upheld. The tribunal heard that on 10 January 2018, a junior colleague used the radio to pull a prank on an emergency patroller, falsely reporting a bus collision in the Dublin Port Tunnel. The patroller, identified only as 'AB', drove at high speed to the alleged crash site, increasing the risk of a real accident. Browne, who was ill with asthma that night, did not intervene and was later found to have "lost control" of the tunnel for 93 seconds. The tribunal concluded that Browne had ample opportunity to stop the prank and ruled his dismissal reasonable under the Unfair Dismissals Act 1977. The complaint was dismissed.

2022-10-20 · Dublin

Designer clothes shop forced to close after burglary

Mantas Sankalas, aged 33, was jailed for 16 months after stealing more than €10,000 worth of designer clothes from Deja Vu, a Dublin shop. He was arrested days after the burglary when Gardaí stopped him cycling the wrong way on a one-way street. Sankalas was found carrying two designer bags, one containing items stolen from the shop, with a total value of €10,807. He pleaded guilty at Dublin Circuit Criminal Court to the burglary that occurred between 8 and 13 September 2018. Judge Melanie Greally noted the crime was opportunistic and that Sankalas had originally intended to seek shelter for the night. She sentenced him to 24 months imprisonment, suspending the final eight months on the condition that he engage with drug treatment programmes and keep the peace for eight months after release. The burglary caused the owner to close the business. The case also involved a second person, as DNA evidence suggested.

2022-10-18 · Cork

Pensioner (76) who stabbed man in unprovoked attack has sentence reduced

Patrick O'Sullivan, aged 76, pleaded guilty to a vicious, unprovoked stabbing of 57‑year‑old Cormac Daly outside a Cork pub on 20 July 2020. The original ten‑year sentence imposed by Judge Seán Ó Donnabháin at Cork Circuit Court in September 2021 was based on a headline of 12 years. O'Sullivan appealed, arguing the judge failed to consider his age and mitigating factors. The Court of Appeal, hearing the case on 18 October 2022, reduced the sentence by two years, from ten to eight. The three‑judge panel, led by Mr Justice Patrick McCarthy, found the original judge had erred in not giving sufficient weight to O'Sullivan's age. The reduction was deemed within the permissible 15‑30% range, and the court noted the guilty plea and the fact that the case was resolved in under a year.

2022-10-18 · Cork

Main heroin dealer has sentence reduced after court hears of cancer diagnosis

John O'Leary, 52, of Churchfield Garden, Cork, was convicted in December 2020 of possession of heroin for sale or supply at his former address on Knapp's Square, Redmond Street. Gardaí found about €22,000 worth of heroin, a €1,665 sum and electronic scales at his home while he was lying in bed. He received a nine‑year sentence in June 2021, with the final two years suspended and a three‑year probation order. In October 2022 the Court of Appeal heard that O'Leary is seriously ill with cancer and that he had never before appeared in the Circuit Court, though he had a prior sale or supply conviction at district level. The appeal argued the headline sentence of 12 years was too harsh. The Court of Appeal quashed the original sentence and re‑sentenced him to seven years' imprisonment, suspending the final year for two years, citing his serious illness and personal circumstances. John O'Leary pleaded guilty.

2022-10-17 · Cork

Struck-off financial advisor who defrauded five people out of €209k fails in appeal

Mervyn Tanner, a 47‑year‑old former financial advisor from Mallow, was found guilty of defrauding five people of €209,900 between November 2010 and March 2016. He pleaded guilty to seven charges of using a false instrument under Section 26 of the Criminal Justice (Theft and Fraud Offences) Act and theft under Section 4 of the same act. The Court of Appeal, hearing the appeal before Mr Justice John Edwards, Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, dismissed Tanner's appeal. Mr Justice Edwards noted that the breach of trust was aggravated by the vulnerability of some victims, including a woman who had recently lost her brother, and by Tanner's continued fraudulent activity after his licence was revoked in 2014. The appeal was dismissed, confirming the five‑year sentence imposed by the Cork Circuit Court.

2022-10-17 · Cork

10 years for man who raped ex-partner and threatened to kill her

In a Central Criminal Court hearing, a man was sentenced to ten years' imprisonment for raping his ex‑partner after threatening to cut her fingers with garden secateurs. The victim, a Cork woman, had endured an 18‑year toxic relationship for her children's sake. On 2 August 2019, the man showed her the secateurs, threatened to sever her fingers, forced her into the bedroom, and demanded oral and vaginal sex. He raped her again until a child returned home. The woman fled, staying in hotels and with friends before securing rental accommodation. The man later returned, brandishing a modified nail file he claimed was a knife, and threatened her again. The judge noted the crime's severity, imposed a headline sentence of ten years for the rape, and added concurrent sentences totalling nine years for related offences, with a consecutive three‑year term and a two‑year suspension for interference with a witness. The unnamed accused pleaded guilty.

2022-10-17 · Cork

Attacker who stamped on pensioner's head and 'ruined' his life has jail term reduced

Jonathan O'Driscoll, aged 33, was sentenced to 13 years in prison for a 14‑minute assault on 73‑year‑old Christy O'Callaghan in Macroom on 21 March 2019. The attack, captured on CCTV, involved O'Driscoll repeatedly stamping on O'Callaghan's head, kicking and stealing his watch, jacket and wallet. O'Callaghan suffered severe injuries, including a scalp laceration, facial fractures, broken ribs, a collapsed lung and a subdural haematoma, and later required life‑saving treatment at Cork University Hospital. He was subsequently moved to a long‑term care facility where he died. O'Driscoll appealed the 15‑year headline sentence as "excessive"; the Court of Appeal upheld the 13‑year post‑mitigation term but suspended the final two years for two years, requiring engagement with probation and addiction services. The court noted the assault was "prolonged, vicious and unprovoked" and that O'Callaghan's life had been ruined by the attack. Jonathan O'Driscoll pleaded guilty.

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.

2022-10-11 · Dublin

French film star allowed add new defendants to fraud claim

In a High Court case, French film star Dany Boon has been allowed to add several new defendants to his fraud claim. Boon alleges he is the victim of a multi‑million‑euro fraud orchestrated by Thierry Fialek‑Birles, who he says uses a network of companies across the West Indies, the United States, Monaco and Ireland. The new defendants include US‑registered American Sail & Motor Navigation Inc, Amalgamated Plantations Company Ltd (British Virgin Islands), Asia Monaco Investments Ltd (Lusk Co Dublin), Asia Monaco (Monaco), Sail & Motor Navigation Company Limited (Antigua and Barbuda), and several Irish‑registered entities such as South Sea Merchant's Mariners Ltd Partnership, Hibernian Petroleum Limited Partnership, United Irish Estates Limited, Hibernian Yachts Company Limited, and Samoa‑registered United Far East Oriental Holdings (Samoa) Ltd. Boon's lawyers seek freezing and disclosure orders against these parties, following a prior freezing order that prevented the defendants from reducing assets below €6 million.

2022-10-10 · Cork

Knife-wielding addict fails in appeal over attempted hijacking

In Cork Circuit Court in November 2020, Tyler Lewis, then 20, was sentenced to six years in jail for possession of a 15‑cm knife, unlawfully seizing a vehicle and falsely imprisoning a female. The offence occurred in July 2020 when Lewis, armed with a knife and yellow gloves, forced a woman into a car, threatening to stab her boyfriend if she did not comply. The woman faked a panic attack and Lewis fled. Lewis had 31 prior convictions and a history of drug abuse. The judge described his conduct as violent, dangerous and bizarre. Lewis appealed to the Court of Appeal, arguing that no actual violence was used and that the incident was brief. Justice Isobel Kennedy rejected the appeal, stating the incident was violent and that Lewis had pre‑meditated the crime by buying the knife and gloves earlier that day. The appeal was dismissed, leaving the six‑year sentence intact.

2022-10-10 · Cork

States successfully appeals one-year sentence for drugs and cash haul

The Court of Criminal Appeal has quashed the previous sentence of Miren Rakovac, a 33-year-old man from Cork, following a successful appeal by the State regarding an unduly lenient sentence. Rakovac had pleaded guilty at Cork Circuit Court in November 2021 to possessing cocaine, cannabis, and €35,000 in cash, which was identified as proceeds of criminal activity. In February of this year, Judge Dara Hayes sentenced him to two years and six months, suspending the final 18 months to encourage rehabilitation. The State argued that this suspension and the treatment of the cash possession were departures from sentencing norms. In an ex tempore judgment, Mr Justice John Edwards, speaking for the three-judge court, agreed with the appellant. The court found that the 18-month suspended portion was out of the norm and that the possession of the €35,000 constituted a standalone offence requiring a separate sentence. Consequently, the court quashed the original conviction and re-sentenced Rakovac to two years and six months on both charges. The final six months of each sentence were suspended for one year. This decision increases his effective custody period compared to the original ruling, which had suspended 18 months.

2022-07-29 · Cork

Michael Flatley settles damages claim over fire damage to Cork castle

Michael Flatley brought a High Court damages claim against several parties for alleged negligence in works carried out at his Castle Hyde property in Co Cork. The claim arose after a fire on 18 June 2015 damaged the historic house, which Flatley had been renovating since 1999. He alleged that the fire started in an electrical panel and spread, causing extensive damage, and that the plumbing system was incorrectly designed, leading to basement flooding. Flatley sued architect and interior designer Mr Peter Inston, consultant engineer Sean R. McCarthy, and engineering firm Malachy Walsh & Partners, claiming breach of contract, misrepresentation and negligence. All defendants denied the allegations and argued the claim was statute‑barred. On 29 July 2022 the parties settled the claim, the proceedings were struck out, and the settlement terms remain confidential. No further details were disclosed to the court.

2022-07-29 · Cork

Woman raped by partner after 'toxic relationship' lasting 18 years

In a Central Criminal Court hearing, a Cork woman recounted a 18‑year‑old toxic relationship with her ex‑partner, who raped her on 2 August 2019 after threatening to cut her fingers with garden secateurs. He forced her to perform oral and vaginal sex, then raped her again until a child returned home. The woman fled, stayed in hotels and with friends before securing rental accommodation. The ex‑partner later broke into the property, brandishing a modified nail file and claiming he had paid €10,000 to a hired killer. In his victim impact statement, the woman described ongoing terror and nightmares. He pleaded guilty to interfering with a witness, trespass, assault causing harm, criminal damage and a threat to kill. The case was adjourned to 17 October for finalisation. The court heard the woman's testimony of the assault and her fear of further harm. The hearing focused on the charges and the plea, not on any subsequent outcome. The unnamed woman was convicted.

2022-07-28 · Dublin

Woman lost €254k life savings in romance fraud

Dublin Circuit Criminal Court sentenced three men for their roles in a romance fraud that caused a woman in her sixties to lose over €254,000 in life savings. Judge Martin Nolan sentenced Omowale Owolabi (31) of Navan, Co Meath, to three years and three months in prison after he pleaded guilty to theft. Raak Sami Sadu (32) of Clonsilla, Dublin 15, was sentenced to three years in prison after pleading guilty to conspiracy to commit fraud. Samson Ajayi (33) of Grangerath, Co Meath, received a two-and-a-half-year prison sentence after pleading guilty to three money laundering charges. The court heard the defendants used a fake profile named Neil Turner on Plenty of Fish to deceive the victim, who made ten payments between November 2019 and mid-2020. Gardaí linked the profile to the three Nigerian nationals and seized devices containing evidence of the scheme, including messages regarding the division of funds. Owolabi admitted receiving €30,000 for his role, while Ajayi admitted receiving money but claimed ignorance of wrongdoing. Sadu made limited admissions. The judge noted the defendants' early guilty pleas, cooperation, remorse, and lack of previous convictions as mitigating factors, while emphasizing the severe damage such fraud inflicts on victims who often feel humiliated.

2022-07-28 · Cork

73-year-old man gets date for 1981 murder trial

A 73‑year‑old man, Noel Long of Maulbawn, Passage West, will stand trial next summer for the 1981 murder of 54‑year‑old Nora Sheehan, whose body was found in Shippool Woods, Cork, six days after she disappeared. The trial is scheduled to begin on 6 June 2023, exactly 42 years after Sheehan was last seen alive. Mr Justice Paul McDermott set the date and agreed to allow recorded depositions from witnesses who have given statements to the Gardaí. The case will be heard in Dublin rather than Cork.

2022-07-28 · Cork

Parties accused of defrauding well-known French actor to claim he had tax difficulties, court hears

In a High Court hearing, Dany Boon's legal team argued that several parties, including Thierry Fialek‑Birles and a group of Irish‑registered companies, had defrauded him of millions of euros. Boon claimed he had invested €4.5 m and later €2.2 m through SSMM, a company he said was advised by Birles, who presented himself as an Irish maritime lawyer. Boon alleges SSMM was used to divert his funds to accounts in South Korea and Panama, and that the Rossi family, purported owners of SSMM, do not exist. The court granted a freezing order preventing the defendants from reducing assets below €6 m, including a sailboat named 'Erin' and a property on Strand Street, Youghal. Boon seeks disclosure of documents to trace the missing money, while the defendants intend to fully oppose the action and may join the Rossi family as third parties if evidence of a sale is presented. The case is adjourned to November.

2022-07-28 · Cork

Investigation of crime, victims rights, 'comprehensively' outweigh right to privacy, appeal court finds

The Court of Appeal has dismissed an appeal by Caolan Smyth and Gary McAreavey regarding the admissibility of mobile phone data used in their convictions. The appellants were found guilty and convicted, respectively, of the attempted murder of James Gately and possession of a firearm with intent to endanger life in 2017. McAreavey was also convicted of assisting Smyth by purchasing petrol and helping burn a black Lexus at Newrath, Dromiskin, Co Louth. The appeal challenged the use of data gathered under the Communications (Retention of Data) Act 2011, arguing it breached EU privacy laws following a separate ruling in the Graham Dwyer case. However, the court, led by Mr Justice George Birmingham, ruled that the Act was valid in 2017 and that the public interest in investigating crime comprehensively outweighed the limited privacy rights attached to the data. The court noted the data was tightly focused and did not reveal personal details such as beliefs or sexuality. The judgment affirmed the Special Criminal Court's 2020 findings. This decision does not affect the separate appeal by Elaine O'Hara, whose case remains contested and is not part of this finalisation.

2022-07-27 · Dublin

Gunman who shot father in front of daughter (7) has murder conviction upheld

In 2012, Keith O'Neill, aged 47, shot John Wilson, 35, dead in Wilson's Ballyfermot home, killing him in the front hallway with a shotgun. O'Neill was convicted of murder by a jury and sentenced to life imprisonment in 2015, with 116 prior convictions. He appealed to the Court of Appeal, arguing the conviction was unsafe because forensic evidence of gunshot residue on his clothing, found in a skip, had been improperly admitted. He also claimed the trial judge's commentary during cross‑examination was excessive and that the forensic evidence was contaminated by Garda handling. The Court of Appeal, presided over by Mr Justice Patrick McCarthy, rejected both grounds, stating the judge had acted appropriately and the evidence was admissible. O'Neill remains in custody at Wheatfield Prison. The appeal was dismissed, upholding the murder conviction. Keith O'Neill pleaded not guilty.

2022-07-27 · Cork

Factory worker accused of plotting wildcat strike is awarded for unfair dismissal

A yoghurt factory worker accused of plotting a wildcat strike has been awarded over €4,000 in compensation and redress after being unfairly dismissed. The Workplace Relations Commission found that the worker was 'singled out' and 'made an example of' in a rushed dismissal without proper procedure. Bartlomiej Wilczynski denied the allegations against him and had his complaints under the Unfair Dismissals Act 1977 and the Minimum Notice & Terms of Employment Act 1973 upheld by the WRC. The company's production manager claimed that a sudden 'wall of refusals' from staff in the packaging department occurred when he asked for volunteers for overtime. He stated that some workers called out 'Give us more money.' The tribunal heard that the firm paid minimum wage, with an overtime premium of €12. The company's managing director said he saw staff looking in the direction of the complainant and called him in for a meeting.

2022-07-25 · Dublin

Graham Dwyer gets date to appeal murder conviction

Graham Dwyer, convicted of the 2012 murder of Elaine O'Hara, has secured a December 1 date to appeal his conviction in the Court of Appeal. Dwyer's legal team, represented by Brian Gageby BL, stated they are finalizing submissions to argue that his conviction should be quashed following a recent Court of Justice of the European Union (CJEU) ruling. The CJEU determined that the indiscriminate retention of mobile phone data for criminal investigations breaches EU law. This data was central to the evidence against Dwyer, used to track his movements and contacts with O'Hara. Mr Justice George Birmingham, President of the Court of Appeal, set the hearing date but warned it could change if submissions are not filed this week. Dwyer, a 49-year-old architect, was convicted by a jury at the Central Criminal Court in 2015. He had previously appealed on the grounds that the use of mobile phone metadata under the 2011 Communications (Retention of Data) Act was unconstitutional and breached his privacy rights. While the High Court ruled in his favor, the State appealed, leading to the CJEU referral. In a separate recent case, Mr Justice Tony Hunt rejected similar arguments in the trial of Wayne Cooney, who was convicted of murdering Jordan Davis, stating that EU privacy rights do not trump considerations in serious crime investigations. The matter remains at the appeal stage, with the hearing scheduled for December 1.

2022-07-22 · Cork

Disclosures Tribunal hopes to issue report by year end

The Disclosures Tribunal, chaired by Mr Justice Sean Ryan, concluded oral hearings today at Dublin Castle regarding the claims of retired Garda Sergeant Paul Barry. Mr Barry alleges he was targeted by superiors after making a protected disclosure in October 2012 concerning the handling of an alleged child sexual assault in Co Cork. He claims Superintendent Michael Comyns prevented a proper investigation and subsequently bullied and harassed him. Supt Comyns denies these allegations, describing the complaints as unfounded and vexatious. The tribunal also heard that the DPP directed no prosecution for the original child abuse allegation in 2015, citing a lack of evidence, and similarly directed no prosecution for Mr Barry's claim that Supt Comyns perverted the course of justice. Counsel for Mr Barry, Shane Costelloe SC, argued that senior gardaí showed flagrant disregard for his medical certification and victimised him through attempted transfers. Conversely, John Fitzgerald SC for the Commissioner stated that superiors engaged highly with Mr Barry and that belief alone is not evidence of targeting. Mark Harty SC for Supt Comyns argued that the alleged detriment began before the disclosure, undermining the protected disclosure claim. Mr Justice Ryan praised the professional conduct of all parties and stated he hopes to issue the tribunal's report before the end of the year. The matter is adjourned pending the written decision.

2022-07-22 · Cork

Man (22) jailed for part in riot that caused €120k in damage to Oberstown

Luke Cronin, aged 22, was one of four juvenile detainees who caused €120,000 of damage to the Oberstown Children's Detention Centre on 20 and 21 September 2016. He pleaded guilty to a charge of criminal damage. At the Dublin Circuit Criminal Court, Judge Melanie Greally imposed a headline sentence of six years, reduced to a final sentence of four years with the last three years suspended, reflecting mitigating factors such as his youth and an inexplicable delay in the case. Cronin must comply with Probation Service directions for 18 months after release. He was also in custody on another matter. The incident involved extensive damage to furniture, IT equipment, the kitchen and staff room, and was described as an incident of disorder lasting several hours. No victim impact statements were submitted. The sentence was back‑dated to 4 April 2022.

2022-07-15 · Cork

Man jailed for 'sinister' possession of handgun fails in appeal over 'plant' claim

Jonathan O'Sullivan, 42, was convicted of possessing a .38 ACB calibre Grand Power automatic pistol in 2021 and sentenced to 10 years' imprisonment. He denied knowing the gun was in his car when arrested in March 2020, claiming he had been paid to move an Audi A4. The trial judge, Seán Ó Donnabháin, questioned whether the defence alleged the gardaí had "planted" the weapon, a question the defence argued was prejudicial. O'Sullivan's counsel, Siobhan Lankford, clarified that the gun was not planted from outside the vehicle but repositioned when returned to the car. The Court of Appeal rejected the appeal, holding the judge's intervention was in the interests of justice and not unfair. The conviction and sentence remain unchanged.

2022-07-14 · Sligo

Glitch in The Matrix: projectionist loses unfair dismissal claim after wrong film screened

A cinema projectionist in Sligo has failed in his unfair dismissal claim following his sack in 2020. Joseph Callaghan, who worked at an Omniplex cinema since 1992, was dismissed after the wrong film was screened to patrons. The Workplace Relations Commission heard that tickets sold for The Matrix were instead fulfilled by The Matrix Reloaded on 12 July 2019, leaving customers significantly dissatisfied. Mr Callaghan denied responsibility for deleting the correct film from the server, contending other staff possessed access to the projection room. However, adjudicating officer Shay Henry found CCTV footage, when accounting for a time delay, showed Mr Callaghan in the server room when the file was deleted. The officer determined the company had reasonable grounds to believe the complainant committed misconduct and that dismissal fell within proportionate responses. The unfair dismissal claim was dismissed, as was a separate claim under the Payment of Wages Act, given the dismissal related to gross misconduct.

2022-07-14 · Cork

Famous French actor claims he is victim of elaborate multi-million euro fraud

In a High Court hearing on 14 July 2022, French actor Dany Boon, represented by Rossa Fanning SC, claimed he was the victim of a sophisticated multi‑million‑euro fraud. Boon alleged that Thierry Fialek‑Birles, who posed as an Irish lord and maritime law expert, misled him into investing over €6.7 million through a network of companies, including South Sea Merchant's Mariners Ltd Partnership (SSMM) and others registered in Ireland and Samoa. Boon said he advanced €2.2 million for yacht maintenance and €4.5 million for a purported investment scheme with the Irish Central Bank, both of which he claims were never realised. He further alleged that SSMM was taken over by a fictitious Rossi family and that the money was transferred to accounts in South Korea and Panama.

2022-07-12 · Cork

Dismissal at 'young bulls' golf course a 'fait accompli', WRC rules

A Cork golf course was ordered to pay €4,000 to a greenkeeper, Gary O'Sullivan, after he was dismissed following a dispute with owners over Covid‑19 safety. The owners, Colman and Michael Ryan and their mother Margaret, argued that the greenkeeper should be made redundant when the driving range was reduced because "young bulls of golfers" were sending balls off course, damaging property and injuring a victim. O'Sullivan claimed the dismissal was triggered by a heated argument on 29 July 2020, when he was asked to hold a bolt while the owners repaired a malfunctioning dispenser. He said he was told to take holiday pay and received no notice of redundancy until August. The WRC found the dismissal unfair, noting the employer failed to follow proper redundancy procedures, and ordered the Ryans to pay compensation equivalent to about eight weeks' pay in addition to the €16,000 redundancy payment already made.

2022-07-12 · Cork

On-bail syringe robber has suspended sentence quashed by appeal court

The Court of Appeal has quashed the fully suspended sentence of Darren Rice, a convicted person, following an appeal by the Director of Public Prosecutions on grounds of undue leniency. Rice, aged 32, was originally convicted in September 2021 at Cork Circuit Criminal Court of robbery and three attempted robberies committed in March 2021 while on bail. The trial judge, Judge Helen Boyle, had imposed a three-year suspended sentence to run consecutively to a separate three-year term he was already serving. The DPP argued that this resulted in effectively no additional punishment for the new offences. Mr Justice Patrick McCarthy, presiding, agreed the original sentence was unduly lenient. He quashed the suspended sentence and imposed a new sentence of four years' imprisonment, with the final year suspended for two years. This new term is to run consecutively to the three-year sentence Rice is currently serving. The court noted Rice's responsible approach in not contesting the application and his positive conduct in prison. His brother, Eugene Rice, who was also convicted of the same offences, received a two-year sentence with the second year suspended, running consecutively to a one-year term he was already serving. The appeal focused solely on Darren Rice's disposal.

2022-07-07 · Dublin

Uninsured driver gets suspended sentence for running over drunk man laying in road

John Fitzpatrick, 39, of The Gardens, Carrickmines Manor, Dublin, pleaded guilty to driving away from a car accident involving an injury, careless driving and driving without insurance after he ran over a drunk man who had been lying in the road on September 6, 2019. The victim, intoxicated after leaving a pub on Cork Street, was walking into oncoming traffic when a bus swerved away and Fitzpatrick, driving behind the bus, did not see him and struck him. Fitzpatrick's daughter screamed after the collision. He was uninsured and had 45 prior convictions, including 11 for road traffic offences and five for lack of insurance. He voluntarily returned to the scene the next day and admitted guilt. Judge Patricia Ryan sentenced him to two years and four months' imprisonment, suspended in full for three years, and disqualified him from driving for 12 years.

2022-07-04 · Dublin

23-year-old with 118 convictions sentenced for Oberstown riot

Philip McCabe, aged 23, was sentenced to four years for criminal damage at Oberstown Children's Detention Centre, where he and a group caused €120,000 worth of damage to furniture, IT equipment and kitchen and staff rooms over several hours. He also pleaded guilty to driving a car without permission in 2017 and to three burglary counts in 2019. Judge Melanie Greally noted the offence occurred when McCabe was a juvenile and that prosecution was delayed by staff retirements. The judge imposed two‑year sentences for each of the other counts, back‑dated to 8 July 2021, and ordered them to run concurrently with his current five‑and‑half‑year robbery sentence, with a release date in 2025. McCabe has 118 prior convictions, a history of substance abuse and mental health difficulties, and is in a relationship with a young child.

2022-06-30 · Cork

Man facing retrial after rape conviction quashed

A 29‑year‑old man was convicted of rape in September 2020 and sentenced to 10 years' imprisonment, with the final three years suspended, after a jury found him guilty of raping a 17‑year‑old girl in Midleton, Co Cork, in August 2017. He appealed, arguing that Judge Mr Justice Alexander Owens had frequently and excessively intervened during the examination and cross‑examination of his evidence, thereby prejudicing the trial and rendering it unfair. The Court of Appeal quashed the conviction on 28 June 2020, stating that the judge's interventions were likely to have rendered the trial unsafe. James Dwyer SC, for the Director of Public Prosecutions, informed the court that the State would need time to digest the judgment before deciding on a retrial. The man was remanded on continuing bail, and the case will return to the Central Criminal Court for a retrial date to be set.

2022-06-28 · Cork

Rape conviction quashed after 'excessive interventions' by trial judge

In 2020 a man was convicted of raping a 17‑year‑old in Midleton, Co Cork, and sentenced to ten years' imprisonment, three of which were suspended. He appealed, arguing that Judge Alexander Owens had made excessive interventions during his examination and cross‑examination, thereby prejudicing his evidence and rendering the trial unsafe. The Court of Appeal, led by Justice Isobel Kennedy, found that while some interventions can be necessary, Owens' repeated questioning went beyond permissible limits and likely made the trial unfair. The appeal court quashed the conviction. The defendant remains in custody, with bail conditions preventing contact with prosecution witnesses, and the case is adjourned pending the State's decision on a retrial. The appeal also addressed the admissibility of the defendant's Google searches, which the court considered irrelevant to the trial. The decision was delivered on 28 June 2022.

2022-06-24 · Offaly

Driver who left passenger with serious injuries after 'scandalous' overtaking has driving ban halved

In February 2020, Martin Feehan, 42, was convicted of dangerous driving causing serious bodily harm after a reckless overtaking manoeuvre on the Mallow‑to‑Cork road in Granagh, Co Cork, on 16 February 2015. The incident left 40‑year‑old Brid Hallihan with a broken pelvis and months of hospital treatment. Feehan was sentenced by Judge Seán Ó Donnabháin to a three‑year suspended sentence and a 20‑year driving ban. In March 2022, Feehan appealed the conviction and sought to reduce the ban. The Court of Appeal, after hearing arguments, quashed the 20‑year ban and substituted a 10‑year ban, back‑dated to the original sentencing date of 6 February 2020. The conviction itself remained upheld. The case highlighted the severity of the offence and the court's stance on public safety.

2022-06-22 · Kerry

Court upholds Kerry man's conviction for rape

The Court of Appeal has dismissed the appeal of Conor Quaid, upholding his conviction for rape. Quaid, 27, of Monaree, Dingle, Co Kerry, had pleaded not guilty to raping a family friend at a place in the county on June 10, 2018. A jury at the Central Criminal Court in Cork found him guilty by a 10-to-1 majority verdict in September 2020, and he was sentenced to six-and-a-half years' imprisonment by Ms Justice Mary Rose Gearty. Quaid appealed on the grounds that the trial judge erred in defining recklessness regarding consent and placed undue pressure on the jury to reach a verdict. In a judgment delivered by Ms Justice Isobel Kennedy, the Court of Appeal rejected all grounds. The court found that the jury was not advised that drunkenness equates with recklessness and that the judge merely informed them that a new trial would be required if they failed to reach a verdict. The appeal hearing was presided over by Mr Justice George Birmingham, sitting with Mr Justice John Edwards and Ms Justice Kennedy. Counsel for Quaid, Michael Bowman SC, argued alcohol was a feature of the case, while Vincent Heneghan SC for the Director of Public Prosecutions maintained the judge's charge was practical. The court concluded the jury was not under confusion regarding the issues, thereby sustaining the original conviction and sentence.

2022-06-22 · Cork

Mother whose toddler died after taking methadone is acquitted of neglect

Sadie Douglas, 39, of Rathsallagh Drive, Shankill, was acquitted of wilful neglect of her two‑year‑old daughter Heidi, who died after ingesting methadone in their home. The trial, held at Dublin Circuit Criminal Court, lasted five days and concluded in just over an hour. Judge Orla Crowe thanked the jurors and discharged Douglas from the indictment, noting no other pending charges. Her partner, Christopher O'Reilly, pleaded guilty to the same charge and received a three‑and‑a‑half‑year prison sentence. The court heard that O'Reilly, a recovering heroin addict, took daily methadone doses prescribed weekly, and a cup with traces of the drug was found in the house. Douglas claimed she was unaware of the methadone cup and that she had been emotionally distressed after the death of her older daughter Sophie. The post‑mortem concluded that Heidi's death was most likely caused by methadone ingestion, resulting in acute brain inflammation. Sadie Douglas pleaded not guilty.

2022-06-21 · Cork

Doctor tells tribunal she was 'unnerved' by 'inappropriate' garda visit over sick cert

A doctor, Dr Margaret‑Anne Kiely, told the Disclosures Tribunal that a Garda inspector's visit to her surgery over a medical certificate she issued to retired Sergeant Paul Barry was "unnerved" and "inappropriate". The certificate, issued on 4 April 2013 and back‑dated to 28 March 2013, stated that Barry could return to work only if he avoided contact with Superintendent Michael Comyns and did not attend the Co Cork station where Comyns was based. Barry, who had been declared unfit for duty in August 2012 due to work‑related stress, was forced to return to work in March 2013 for financial reasons. The inspector, Anthony O'Sullivan, claimed he was asked by Chief Superintendent Gerard Dillane to verify the conditions of the certificate, but Barry alleged the visit targeted him. Dr Kiely said she had never had a medical certificate questioned before and that any queries should come from occupational health, not a Garda inspector.

2022-06-21 · Cork

Prosecution of mother whose toddler died after taking methadone 'merciless', defence say

In a Dublin Circuit Criminal Court case, Sadie Douglas, 39, pleaded not guilty to wilful neglect of her two‑year‑old daughter, Heidi, who died in April 2016 after ingesting methadone. The post‑mortem concluded acute brain inflammation caused by methadone ingestion. The prosecution argued Douglas failed to supervise Heidi, misled paramedics about methadone in the house, and did not provide crucial information. Evidence included a cup with methadone residue, DNA traces of Douglas's partner Christopher O'Reilly, and multiple methadone bottles with childproof lids. O'Reilly, a recovering heroin addict on daily methadone, pleaded guilty to the same charge. The trial highlighted Douglas's grief after the earlier death of her four‑year‑old daughter, Sophie, and the emotional difficulty of the case. The judge instructed the jury to deliberate on the evidence presented.

2022-06-21 · Dublin

Garda impersonator avoids jail despite 'annoying' judge 'in the extreme'

Dorian Brylewicz, 23, pleaded guilty to impersonating a Garda during lockdown in April 2020 and to theft in May 2019. He drove an Audi A3 with a blue flashing light, stopped pedestrians and a bus driver, claiming to be a Garda, but did not produce identification when asked. He also attempted to take a man's phone and had previously stolen €560 from a Cork man via a phone sale on donedeal.ie. The court noted his prior convictions for road traffic offences and bicycle theft. Judge Nolan, after hearing the defendant's remorse and current employment, sentenced him to 18 months in prison, suspended in full on the condition that he pay €5,000 within three months – €4,000 to a Castleknock charity and €1,000 to the victim. The judge emphasised that the suspended sentence was a punitive measure and a reminder of the defendant's wrongdoing. The case was heard at Dublin Circuit Criminal Court.

2022-06-20 · Cork

Mother whose daughter died after taking methadone said she was grieving for tragic loss of other child at time

In a Dublin Circuit Criminal Court hearing, Sadie Douglas, 39, pleaded not guilty to child neglect leading to the death of her two‑year‑old daughter Heidi Douglas, who died on 19 April 2016 after ingesting methadone. The post‑mortem found acute brain inflammation most likely caused by methadone. Douglas's partner, Christopher O'Reilly, had pleaded guilty last July to the same charge. O'Reilly, a recovering heroin addict, was taking daily methadone prescribed by a local chemist. The court heard that Douglas was grieving her four‑year‑old daughter Sophie, who had died earlier that year from a brain haemorrhage. Douglas described being in a "little world" and emotionally distressed. DNA evidence linked O'Reilly to a measuring cup containing methadone residue, and a large plastic bottle of methadone was found in the house. The trial continues before Judge Orla Crowe and a jury.

2022-06-20 · Wicklow

Graham Dwyer to file appeal submissions next month

Graham Dwyer, aged 49, is set to file appeal submissions by 15 July after the Court of Appeal confirmed the case could be heard in autumn. The appeal stems from a 2022 European Court of Justice ruling that indiscriminate retention of mobile phone data breaches EU law, a key element in his 2015 conviction for murdering childcare worker Elaine O'Hara. Dwyer's lawyers argue that metadata used at trial was unlawful under the 2011 Communications (Retention of Data) Act, which the EU Court found invalid. The appeal will address whether the data should have been admissible and whether his conviction should be quashed. The Director of Public Prosecutions will need time to respond, and the case is unlikely to be heard before the October court term. The appeal will be revisited in July for progress updates. Dwyer was convicted by a jury at the Central Criminal Court in 2015 for O'Hara's murder on 22 August 2012.

2022-06-17 · Cork

'Devastating' brain injury 'most likely' caused by toddler ingesting methadone, trial hears

In a Dublin Circuit Criminal Court hearing, the neglect trial of Sadie Douglas, charged with wilful neglect leading to the death of her two‑year‑old daughter Heidi, was presented with evidence that Heidi suffered a severe brain injury after ingesting methadone. Chief State Pathologist Dr Linda Mulligan testified that a scan taken two days after Heidi was admitted to Our Lady's Children's Hospital in Crumlin on 14 April 2016 showed a "devastating brain injury" with swelling that pressed onto the spinal column. Dr Mulligan concluded, based on a post‑mortem, that acute cerebellitis—most likely caused by methadone ingestion—led to Heidi's death on 19 April 2016, after she had been clinically dead for several days. The trial also noted that Heidi's partner, a recovering heroin addict, was taking daily methadone doses from a local chemist, with the medication supplied in a child‑proof bottle and a warning that 5 ml could kill a child. Sadie Douglas pleaded not guilty.

2022-06-16 · Cork

Toddler died after ingesting father's methadone, neglect trial hears

Sadie Douglas, aged 25, stood trial at Dublin Circuit Criminal Court for wilful neglect after her two‑year‑old daughter, Heidi, died on 14 April 2016 from methadone toxicity. Heidi, born 8 August 2013, was found unconscious in the bed at the family home on Rathsallagh Drive, Shankill, Co. Dublin. Douglas and her partner had stayed up late on 13 April, looking at photographs on an old phone. On 14 April, Douglas allegedly placed Heidi beside her on the bed and fell asleep, while the father slept at the foot of the bed. Heidi ate crackers with her brother, then remained in bed until discovered unconscious. An ambulance took her to Our Lady's Hospital for Sick Children, where she died. A state pathologist found methadone in Heidi's system, concluding death was due to methadone poisoning. The unnamed accused pleaded not guilty.

2022-06-16 · Cork

GP felt 'unnerved' by garda inspector's visit over medical cert, tribunal hears

In a Disclosures Tribunal hearing, Inspector Anthony O'Sullivan denied that he visited GP Dr. Margaret Kiely's surgery to investigate a medical certificate issued to retired Garda Sergeant Paul Barry. O'Sullivan said he had never seen a certificate stating a person was fit to return to work but should not attend their workplace, and that he was asked by Chief Superintendent Gerard Dillane to check the certificate's validity. Barry, who claimed he was bullied and harassed by senior Gardaí, said the visit was targeted and made him upset and intimidated. Dr. Kiely reported that Barry was unfit for duty in August 2012 due to work‑related stress and issued a certificate allowing him to return to work on March 29, 2013 with conditions that he not work at Fermoy Garda Station. The certificate was back‑dated to March 28, 2013. Barry said he had never had a medical certificate questioned in his service.

2022-06-14 · Cork

Sergeant's allegations that investigation was 'a sham' were 'very disturbing', retired senior garda tells trial

A retired senior garda officer, Sergeant Paul Barry, has alleged that Chief Supt Catherine Kehoe's investigation into his bullying and harassment complaints was a 'sham' and that the 'inordinate' time taken to conclude inquiries amounted to 'perverting the course of justice'. The Disclosures Tribunal is examining these claims, which relate to a 2012 complaint by Barry that the proper investigation of a child sexual assault allegation was prevented by Supt Michael Comyns, who he alleges also bullied and harassed him. The Director of Public Prosecutions directed there be no prosecution of the child sexual assault allegation in 2015 due to a lack of evidence. Chief Supt Kehoe, who investigated Barry's complaints, stated that she only learned from tribunal documents that Barry had accused her of targeting him by taking an 'inordinate' amount of time investigating his complaints. She explained that there were 'three arms' to the investigation, all concluded in May 2016, and that the process was delayed by various factors, including Barry's civil action and movement of investigators. Chief Supt Kehoe denied the allegations against her, calling them 'very disturbing, totally unfounded and hurtful'. The tribunal continues on Thursday before retired judge Chairman Sean Ryan.

2022-06-03 · Cork

Retired garda tells tribunal he couldn't have conspired to put sergeant 'in harm's way'

In a Disclosures Tribunal hearing on 3 June 2022, retired Garda Superintendent John Quilter testified that he could not have conspired with other senior officers to place former Sergeant Paul Barry in a room with Superintendent Michael Comyns during the 2014 Irish Open. Quilter said he had booked a family holiday in December 2013, a month before the tournament location was announced, and therefore could not have planned the arrangement. Barry, who had been physically ill during the event, claimed that the presence of Comyns at a pre‑event briefing caused his sickness and that he was targeted by both Quilter and Comyns. Quilter acknowledged taking Barry's concerns into account but stated he had organised cover at the superintendent level from December 2013, noting that a garden festival in Mallow left Comyns as the only available superintendent. The tribunal will resume its hearings on 14 June.

2022-06-02 · Cork

Chief Superintendent tells tribunal he was 'taken aback' by medical cert

In a Disclosures Tribunal hearing, Chief Superintendent Gerard Dillane described a medical certificate issued to Sergeant Paul Barry as "taken aback" and "frustrating." The certificate, written by Dr Margaret‑Anne Kiely in April 2013, declared Barry fit to return to work but prohibited him from attending Fermoy Garda Station, citing work‑related stress and an unsafe environment. Dillane said he had never seen such a certificate in his 34‑year career and feared it could set a trend. He explained that the certificate's conditions were "neither reasonable nor practicable," and that he offered Barry a transfer to Glanmire or another station, which Barry refused. Barry had been absent for 239 days from August 2012 and returned to work on 29 March 2013 after financial pressure. The tribunal continues to examine the allegations of bullying and harassment involving Barry, Supt Michael Comyns, and senior Gardaí.