Court archive

Court reports mentioning Cork

2022-05-31 · Cork

Senior garda tells tribunal of 'huge effect' of allegations

At the Disclosures Tribunal in Dublin Castle, retired Garda Sgt Paul Barry and Supt Michael Comyns provided evidence regarding a 2012 complaint by Mr Barry alleging that Supt Comyns prevented the proper investigation of a child sexual assault allegation and bullied him. The DPP directed no prosecution for the child abuse allegation and, in November 2015, directed no prosecution for Supt Comyns's alleged perversion of the course of justice due to a lack of evidence. Supt Comyns, who denies the allegations as unfounded and vexatious, testified that a medical certificate issued to Mr Barry, which prohibited contact between them, made his role as district officer unworkable. He stated this prevented him from supervising investigations and created a serious precedent in An Garda Síochána. Supt Comyns also denied targeting Mr Barry regarding annual leave or a Regulation 10 warning for lateness, noting another garda was disciplined on the same day. He further clarified that he did not see Mr Barry during the Irish Open policing operation and that Mr Barry did not attend a February 2015 case conference on rape allegations. In September 2015, before being cleared of the allegations, Supt Comyns urged investigating gardaí to complete their disciplinary inquiries without delay. The matter is currently at the charge or pretrial stage, with Supt Comyns's evidence continuing.

2022-05-31 · Cork

Poultry plant workers due compensation for overtime pay breaches

The Workplace Relations Commission (WRC) has issued orders for compensation to poultry plant workers in Co Cork following a dispute over overtime pay breaches. Fifty-seven workers, including applicants Rafal Chojnacki, Gelu Ciulei, Petru Boboc, Petru Draghici, Zoltan Gal, Pawel Marszalkowski, and Kamila Pokropywna, brought claims against AA Euro Recruitment Ireland Ltd under the Protection of Employees (Temporary Agency Work) Act 2012. The complainants alleged they did not receive the same basic working and employment conditions as comparable workers. Eight test cases were adjudicated, with half selected by the employer and half by the Independent Workers' Union. AA Euro Recruitment, represented by HR consultant David O'Reilly, maintained the claims were unfounded and used as leverage for union recognition. Chief Executive Larry Ryan denied any mistreatment or illegal deductions. Adjudicating Officer Patsy Doyle noted that following facilitated talks, the parties reached a mutually agreed resolution acknowledging contraventions of the Act. Orders were made in seven of the test cases, with compensation ranging from €449 to €2,955.74. It was agreed that payments would be issued to the test case claimants upon the making of the WRC orders, with this resolution reciprocated for all associated complainants linked to the eight test cases.

2022-05-30 · Dublin

Supreme Court upholds miscarriage of justice finding in case of mentally ill man jailed for murdering infant son

The Supreme Court upheld a finding that the 2003 murder conviction of Somali‑born Yusuf Ali Abdi was a miscarriage of justice. Abdi, who had spent 16 years in prison, was found not guilty by reason of insanity at a retrial in 2019 after new psychiatric evidence showed he suffered from paranoid schizophrenia at the time of the killing of his 20‑month‑old son, Nathan. The Court of Appeal had quashed the original conviction and ordered the retrial, which resulted in an acquittal. The Supreme Court, hearing an appeal from the Director of Public Prosecutions, dismissed the appeal and confirmed that Abdi was entitled to a Section 9 certificate for compensation. The decision clarified the legal test for a miscarriage of justice and the role of insanity in criminal liability. The ruling reaffirmed the earlier judgments of the Central Criminal Court and the Court of Appeal.

2022-05-27 · Cork

Garda says he was told by senior officer to 'cover up' child sex abuse allegation

Paul Barry, a retired Garda sergeant from Mitchelstown, claims that in 2012 he was instructed by Superintendent Michael Comyns to conceal an alleged child sexual abuse case involving a suspect linked to senior Gardaí. Barry says Comyns also bullied and harassed him, leading Barry to file a complaint in October 2012. The Director of Public Prosecutions later decided not to prosecute the child abuse allegation, and in November 2015 the DPP also declined to prosecute Barry's claim that Comyns had perverted the course of justice due to insufficient evidence. Barry alleges that Comyns directed him to cover up the abuse and that he was subsequently targeted, refusing to attend briefings and phone calls from Comyns. Barry maintains that the allegations are unfounded, while Comyns denies any wrongdoing. The Disclosures Tribunal is hearing the case in Dublin Castle, with Barry presenting his evidence and the opposing counsel arguing against the allegations. The tribunal will resume its hearings next week.

2022-05-26 · Limerick

Irish man wanted in France over alleged driveway 'swindle'

Patrick Flynn, 33, from Cork, is wanted in France for alleged involvement in a gang that sold poor‑quality driveways to homeowners in south‑west France. The men reportedly misrepresented the material as tarmacadam while actually using gravel and concrete, and they began work immediately after payment, bypassing the 14‑day cooling‑off period required by French law. Customers claim they could not locate the men after paying and that the companies used for payments were fictitious, with invoices not complying with regulations. French prosecutors have issued a European Arrest Warrant charging Flynn with money laundering, fraud and membership of a criminal organisation. If extradited and convicted, he faces up to 10 years' imprisonment. The High Court heard the warrant details and adjourned the case to 30 June.

2022-05-25 · Cork

Investigation into complaint over handling of child sex allegation a 'sham', sergeant claimed

In a Disclosures Tribunal hearing in Dublin Castle, retired Garda Sergeant Paul Barry accused the Garda Síochána of mishandling a 2012 complaint he made about the investigation of a child sexual assault allegation. Barry claimed that Superintendent Michael Comyns had bullied and harassed him, and that the investigation was prevented. He said the Director of Public Prosecutions (DPP) later decided not to prosecute the child assault case. Barry alleged that Chief Superintendent Catherine Kehoe, appointed to investigate his bullying and harassment complaints, had delayed the investigation, "perverting the course of justice" by not treating his complaint promptly. Kehoe's reports, submitted in 2013, 2015 and 2016, found no evidence of misconduct by Comyns and no breach of Garda regulations. Barry maintained that the investigation was a sham, biased and lacked morality, sentiment and conscience, and that the sequence of investigations was improper.

2022-05-24 · Cork

Former sergeant says he 'puked up guts' on return to work due to stress

Paul Barry, a retired Garda sergeant from Mitchelstown, claims he was bullied and harassed by senior Gardaí, including Superintendent Michael Comyns and Chief Superintendent Gerard Dillane. He says a 2012 complaint about a child sexual assault investigation was suppressed, and the DPP later decided no prosecution would occur. Barry alleges he was forced to return to work in 2013 without a medical certificate, despite GP advice that he should not. He reports that he was unfit for duty for 239 days due to work‑related stress and bullying. Barry says he was pressured to apply for a transfer, which he refused because it would have financial consequences. He also claims he was forced to attend a golf duty in 2014 that made him physically sick, leading him to submit a retirement application immediately afterwards. The tribunal is hearing his evidence in Dublin Castle.

2022-05-19 · Cork

Former sergeant tells tribunal he hated returning to work

Retired Garda Sergeant Paul Barry testified at the Disclosures Tribunal in Dublin Castle regarding allegations of bullying and harassment by Superintendent Michael Comyns and targeting by Chief Superintendent Gerard Dillane. The tribunal is currently hearing evidence at the trial stage. Sgt Barry, formerly of Mitchelstown Garda Station, claimed he was forced to return to work in 2013 without a medical certificate due to financial pressure, as his absence was recorded as an 'ordinary injury' rather than a work-related illness, resulting in reduced wages. He stated he 'hated' returning to work and felt deliberately targeted to be punished financially. Sgt Barry alleged that Supt Comyns prevented the proper investigation of a child sexual assault allegation, which the DPP later directed not to prosecute in November 2015 due to lack of evidence. He further claimed that one alleged suspect was connected to senior gardaí, including Superintendent John Quilter and Chief Superintendent Anthony Quilter. Sgt Barry reported being unfit for duty from August 2012 to March 2013 due to work-related stress. His GP advised against his return without conditions, specifically avoiding contact with Supt Comyns. The tribunal, chaired by Mr Justice Sean Ryan, is examining these nine allegations, including claims of perverting the course of justice and compromised investigations.

2022-05-13 · Cork

Catering workers awarded compensation over 'lazy' redundancies

In a 2022 ruling, the Workplace Relations Commission found that Sodexo's redundancy process for two night‑shift workers at a client site in Ovens, Co. Cork was "lazy" and "wholly inadequate." Patricia Fleming, a chef supervisor since 1998, and Kaye McDonnell, a supervisor since 1999, claimed they were deliberately targeted for redundancy because they earned higher rates. They argued that Sodexo's consultation failed to allow counter‑proposals and that the client had shifted to home working due to the pandemic. The Commission noted that Sodexo had paid full wages with government subsidies until September 2020, after which the client intended to continue remote work. Both women were given redundancy notices, a lump‑sum payment capped at a year's salary, and the right to appeal, which they did not exercise. The adjudicating officer ruled the dismissals were unfair, awarding Ms. McDonnell €8,580 and Ms. Fleming €5,305.36, reflecting the difference in weekly pay between their former and new employers.

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.

2022-05-05 · Cork

Supreme Court to hear Cork flood relief works case

The Supreme Court has agreed to directly hear an appeal by the Save Cork City Community Association CLG (SCCCA) against the High Court's refusal to overturn An Bord Pleanála's permission for flood relief works in Cork city. Last year, Mr Justice Richard Humphreys found that the SCCCA had not made out grounds for an order quashing the permission granted to Cork City Council for the works. He also ruled that the group is not entitled to a stay on the works being carried out. In his judgement, the judge found that the group was entitled to a declaration that the council did not comply with public participation obligations under the planning acts to ensure members of the public could inspect or purchase a Natura Impact Statement concerning the works. The group applied to the Supreme Court for a direct or 'leapfrog' hearing of its appeal against the High Court's decision. It also claimed that the case raises an important issue concerning Environmental Impact Assessment screening. In a determination, a Supreme Court panel comprised of Ms Justice Elizabeth Dunne, Mr Justice Seamus Woulfe and Mr Justice Gerard Hogan said that exceptional circumstances of public importance exist in this case which required the appeal to be determined by the court. In its action, the group challenged the board's decision of June 17, 2020 to grand permission for remedial works to the existing quay walls in Cork city and construction of improvement works and flood defence works between Parliament Bridge and Parnell Bridge along Morrison's Quay and Fr Matthew Quay, and a short section along Union Quay close to Trinity footbridge at Morrison's Island. The group alleges the permission involved impermissible "project splitting" within the meaning of the Environmental Impact Assessment (EIA) Directive of the Lower Lee Flood Relief Scheme (LLFRS), the overall flood relief scheme for the city. Its concern was that part of a project for the purposes of the directive may now be given consent without the project as a whole being made subject to an EIA. The case was taken against the Board, the Minister for Housing, Local Government and Heritage and the State. In its decision granting a leapfrog appeal, the Supreme Court accepted that the group had raised a point of general, public importance that requires a determination by it. The issue raised relates to whether the power to conduct an EIA screening can be implied in the relevant section of the 2000 Planning and Development Act, particularly where it is said that there is no provision for such a procedure when an EIA report is required. The group argues that the High Court decision has profound implications for legal certainty in local authority development, not least because the relevant law does not specify what should happen if Environmental Impact Assessment is required. The Supreme Court said it would not hear arguments in relation to the second point raised by the group, as to whether the High Court applied an incorrect test of "practical interpretation" to the concept of project splitting under the EIA Directive. That point had been dealt with in another case ruled on by the Supreme Court, the three-judge panel determined. The Supreme Court will fix a date for the hearing of the appeal at a later stage.

2022-05-05 · Dublin

Jail for man who ambushed and attacked mother of his children

In a Dublin court on 5 May 2022, Karl Smith, aged 25, was sentenced to two and a half years in prison for an unprovoked assault on the mother of his children. The victim was walking near her home in Clondalkin when Smith ambushed her, punched her in the face, dragged her by the arm and shouted at her. He also stole €10 and her Leap card, preventing her from using the bus. After the attack, Smith removed his t-shirt and told the woman to clean the blood off her face. The victim, who had swollen eyes and a cut lip, eventually escaped his grip and was rescued by her mother and a relative. Smith had pleaded guilty to assault causing harm on 3 November 2021. The judge, Martin Nolan, considered Smith's early guilty plea, his attempts at rehabilitation while in custody, and his remorse, but also noted his history of violence.

2022-05-04 · Dublin

GP's concerns led to man's arrest for having child abuse material

During a 2015 psychiatric assessment, 58‑year‑old Daniel Cregg expressed child‑abuse views that alarmed his GP. The GP reported these concerns to Gardaí, who obtained a search warrant for Cregg's flat on Edenvale Road, Dublin. Cregg cooperated with the search, admitting the presence of "child porn" material. Gardaí discovered 2,487 sexually explicit images of children on his computer equipment, nearly 400 depicting sexual activity. Two images were printed and combined to illustrate an act, forming the basis for a charge of production of child pornography. Cregg pleaded guilty to both production and possession of child pornography on 8 July 2015. The court noted the large quantity of material and the technical skill involved as aggravating factors, while his difficult personal history and lack of prior offences were mitigating. Judge Melanie Greally imposed a two‑year prison term, suspended for two years, contingent on continued engagement with the Probation Service and mental health services.

2022-04-26 · Dublin

Language school landlord denies threatening to change locks

In a High Court hearing on 26 April 2022, the landlord of a Dublin premises housing Liffey College, a language school with over 600 students, denied threatening to change the building's locks. Mr Paul Dormer, one of the landlords, represented himself and stated he had never threatened to alter the locks and had offered an undertaking not to do so. He also claimed an email had been sent confirming the locks would remain unchanged. The case arose from a rent dispute, with the school leasing the first floor and attic for four years and ten months at €160,000 per year, and arrears of about €80,000. Mr Haseeb Ahmed, the school's director, had secured a temporary injunction fearing the landlords might lock the premises, but the judge accepted the undertaking and postponed any ruling on legal costs. The landlords also contest the validity of a receivership placed on the property. The matter remains pending.

2022-04-25 · Cork

11 years for killer who beat homeless father to death

In October 2019, a 28‑year‑old man named James Brady, together with an unnamed accomplice, attacked and killed 53‑year‑old Timothy 'Timmy' Hourihane, a former chef, at a homeless camp in Cork city centre. The assault was unprovoked, brutal and fueled by alcohol and drugs. Witnesses testified that Brady repeatedly stamped on Hourihane's head and body and kicked him in the groin, leading to a collapsed lung, severe facial and head trauma, and death by inhalation of blood and cardiac arrest. After a four‑week trial, Brady was convicted of manslaughter, not murder, and sentenced to 13 years' imprisonment, with the final two years suspended. The judge noted Brady's prior convictions and the impact of the crime on Hourihane's family, including his son Elliot and brother Denis, who expressed profound grief and a desire for justice. The case highlighted the dangers faced by homeless individuals in the area. The unnamed 28-year-old pleaded not guilty.

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.

2022-04-05 · Cork

Instigator of violence at Cameron Blair murder scene has jail term increased

In 2022, the Court of Appeal increased the jail term of Scott O'Connor, 20, who brandished a large knife outside a house party where 20‑year‑old Cameron Blair was stabbed to death. O'Connor had pleaded guilty to violent disorder and to producing a weapon capable of serious injury. The original sentence of five years with a three‑year suspended portion was deemed too lenient. The appellate court reduced the suspended period to two years, thereby extending the custodial term to two years. The decision was based on O'Connor's role as the instigator of the violence, his armed conduct, and the lack of any threat to him. The court noted that Blair had no involvement in the violence and that the death was tragic and unexpected. The appeal was brought by the Director of Public Prosecutions, who argued the original suspension was unduly lenient. The judgment was delivered by Ms Justice Isobel Kennedy, with Mr Justice John Edwards presiding.

2022-03-29 · Galway

Conviction for dangerous driving after 'truly scandalous' overtaking is upheld

Martin Feehan, 42, was convicted of dangerous driving causing serious bodily harm after his Citroen Berlingo collided with on‑coming traffic during an overtaking manoeuvre on the Mallow‑to‑Cork road at Granagh on 16 February 2015. The crash left his passenger, 40‑year‑old Brid Hallihan, with a broken pelvis and months of hospital treatment. Prosecutors alleged Feehan was driving too fast and lost control when the overtaking lane merged with a slower lane, causing his vehicle to cross the carriageway. A jury found him guilty and Judge Seán Ó Donnabháin imposed a three‑year suspended sentence and a 20‑year driving ban. Feehan appealed, arguing the judge erred in law and fact, but the appeal was dismissed. The appellate court noted the judge's explanations were "plainly attempting to further explain the level of fault required to prove the charge" and rejected the claim that the judge had erred in summarising facts.

2022-03-29 · Cork

Convicted murderer who viciously attacked wife avoids jail despite quashing of suspended sentence

Marius Rucinskas, 45, a former Lithuanian murderer now living in Cork, was convicted of a brutal domestic assault on his wife Renata Rucinskeine on 1 January 2020. He dragged her by the hair, struck her head off a table, punched, kicked, tried to pull her eyelashes off and threatened to kill her. He pleaded guilty to assault causing harm and criminal damage in September 2021. The Director of Public Prosecutions appealed the 18‑month suspended sentence, arguing it was unduly lenient. The Court of Appeal quashed the original sentence, increased it to three‑and‑a‑half years, but suspended the final two years. Rucinskas was released after serving 13 months in custody and entered a good‑behaviour bond. The case highlights the court's assessment of the severity of the assault and the need for a harsher penalty.

2022-03-28 · Cork

Son of homeless man 'haunted by horror' of father's killing

In a Central Criminal Court hearing, Elliot Hourihane, the only son of Timothy 'Timmy' Hourihane, expressed that he will be forever haunted by the horror of his father's death. He described the event as a brutal assault that left his father, a former chef, with a collapsed lung and severe head trauma, leading to death by inhalation of blood and cardiac arrest. Elliot said he had hoped to help his father escape homelessness, but that hope was lost. He also noted that there were no winners, only losers, after James Brady, who was convicted of manslaughter, admitted to the killing. The court heard victim impact statements from Elliot and his brother Denis, who described the lasting trauma of seeing his brother's battered body. The sentencing was adjourned to April 25. James Brady pleaded not guilty.

2022-03-24 · Cork

College dropout who tried to rape homeless man set to leave custody after sentence cut

William Dollard, aged 32, was convicted of sexual assault and attempted anal rape of a 61‑year‑old homeless man on 30 May 2017 in Co Cork. A jury found him guilty and he was sentenced in June 2020 to five years and six months, with 18 months suspended, by Mr Justice Paul McDermott. Dollard appealed both the conviction and the sentence. The appeal against the conviction was dismissed, but the Court of Appeal reduced his custodial term by one year, leaving him with a three‑year custodial sentence. The Court of Appeal also increased the suspended portion to two years and six months. The judge noted that Dollard had become homeless and was on the margins of society, and that the arrest under Section 24 of the Criminal Justice (Public Order) Act 1994 was lawful. Dollard is set to be released from custody imminently after serving just over three years.

2022-03-22 · Cork

Thug appeals 13-year sentence for life-changing attack on pensioner

Jonathan O'Driscoll, aged 33, was sentenced to 13 years in prison for a 14‑minute unprovoked assault on 73‑year‑old Christy O'Callaghan in Macroom on 21 March 2019. O'Driscoll repeatedly stamped on O'Callaghan's head, causing severe injuries including scalp lacerations, facial fractures, rib fractures, a collapsed lung and a subdural haematoma. O'Callaghan later required life‑saving treatment at Cork University Hospital and was moved to a long‑term care facility after release. O'Driscoll pleaded guilty and was given a 15‑year headline sentence by Judge Sean O'Donnabhain, which he appealed as "excessive in all circumstances". His barrister argued mitigating factors such as his psychiatric history, cooperation, and remorse, while the Director of Public Prosecutions acknowledged a marginal discount. The Court of Appeal considered the victim impact statement and the severity of the assault, noting O'Callaghan's life was ruined and that he has since passed away.

2022-03-22 · Cork

Arrest of man who tried to rape homeless man was unlawful, lawyers argue

The Court of Appeal heard arguments today regarding the lawfulness of the arrest of William Dollard, who is appealing his conviction for the sexual assault and attempted anal rape of a 61-year-old victim in Co Cork on May 30, 2017. Dollard, who pleaded not guilty, was found guilty by a jury at the Central Criminal Court. His legal team argued that his arrest under Section 24 of the Criminal Justice (Public Order) Act 1994 was unlawful, contending it was a "colourful device" to secure his availability for potential complaints rather than addressing an immediate danger. They further claimed the subsequent seizure of his clothing rendered the evidence inadmissible. The Director of Public Prosecutions countered that the arrest was lawful, citing CCTV footage showing Dollard making thrusting motions against the victim, which informed the garda's decision. The prosecution noted the victim was intoxicated and unclear, making the CCTV crucial evidence. Judgment has been reserved. At the original sentencing, Mr Justice McDermott acknowledged the victim's vulnerability and Dollard's alcohol abuse and social isolation. He set a headline sentence of six years for the attempted anal rape but imposed a final sentence of five years and six months, with the last 18 months suspended for two years.

2022-03-11 · Kerry

Jury in Kerry rape case 'misinformed' about recklessness, lawyers argue

Conor Quaid, 27, of Monaree, Dingle, was convicted of raping a family friend in Kerry in 2018. A jury found him guilty by a 10‑to‑1 majority after a seven‑day trial in Cork in September 2020. He was sentenced to six‑and‑a‑half years' imprisonment by Ms Justice Mary Rose Gearty. Quaid appeals, arguing that the judge erred by failing to define recklessness for the jury and by implying that drunkenness equates with recklessness. The judge had told the jury that Quaid had been drinking before visiting the victim, who had not been drinking and had gone to bed early. The Court of Appeal heard arguments from Quaid's counsel, who said alcohol was a feature but not a total loss of control, and from the Director of Public Prosecutions, who said the judge's direction was practical and clear. The judgment is reserved. Conor Quaid pleaded not guilty.

2022-03-11 · Cork

Man who successfully appealed cactus mescaline conviction to face retrial

Alexander Rojas Rey, 44, of Cork, was found guilty in 2019 of possessing mescaline for sale and of possessing the drug itself, and received a 100‑hour community service order instead of 12 months' imprisonment. He appealed, arguing that the trial judge had erred by allowing the jury to decide whether the substance he possessed was a controlled drug. The Court of Appeal quashed the conviction. At a hearing, the Director of Public Prosecution said it intended to bring Rey to retrial, and Rey's counsel had no objection. The case was adjourned to 29 March. The appeal judge noted that the judge had failed to inform the jury that determining whether the powdered substance was mescaline required deciding if it had been extracted from its natural form and rendered consumable. The court also observed that the jury had been told the powder was not a controlled drug, yet the judge had directed that mescaline is a controlled substance. Alexander Rojas Rey pleaded not guilty.

2022-03-10 · Cork

Google search for 'rape kit accuracy' by accused should not have gone before jury, appeal told

The Court of Appeal heard an appeal from an unnamed 29-year-old man who pleaded not guilty to one count of rape against a 17-year-old female at an address in Midleton, Co Cork, in August 2017. A jury convicted him at the Central Criminal Court in Cork in September 2020, and he was sentenced to 10 years imprisonment, with the final three years suspended, by Mr Justice Alexander Owens. The appellant argued that the trial judge erred in admitting evidence of his Google searches, including terms like 'rape kit accuracy,' and in excessively intervening during his examination. Counsel for the appellant, Siobhan Lankford SC, contended the searches had limited relevance and prejudiced the jury, while also alleging the judge's interruptions created the effect of two prosecutors. The DPP's counsel, Ray Boland SC, countered that the searches indicated the appellant's state of mind and that juries are robust enough to handle judicial interventions. He noted that while the interruptions were more frequent than usual, the trial was not rendered unfair. The three-judge court reserved its judgement on the appeal.

2022-03-09 · Cork

Serial burglar who ransacked cocooning pensioner's home has jail term increased

Anthony Horgan, 46, was originally jailed for six years in April 2021 after pleading guilty to one aggravated burglary and five burglaries, including a 4 am raid on an 83‑year‑old pensioner's home during the first Covid lockdown. His accomplice, Christopher Jones, received a four‑year term, later increased by one year after the Director of Public Prosecutions argued the original custodial term was too lenient. The DPP appealed Horgan's sentence, claiming Judge Sean O'Donnabhain had set an unduly low headline term of seven years, arguing it should have been between nine and fourteen years. In the Court of Appeal, the DPP sought a similar increase. The appellate judges agreed, quashing the original term and re‑sentencing Horgan to eight years' imprisonment, with one year suspended. The decision was made by Mr Justice John Edwards, Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy.

2022-03-08 · Cork

Two-year term for brandishing knife at Cameron Blair murder scene too lenient, State argues

In March 2022 the Court of Appeal heard that the two‑year custodial sentence imposed on 20‑year‑old Scott O'Connor for brandishing a knife outside a Cork house party was unduly lenient. O'Connor had pleaded guilty in January 2021 to violent disorder and to producing a knife capable of serious injury in a manner likely unlawful to intimidate another. The Central Criminal Court had originally imposed a five‑year term with the final three years suspended; the DPP appealed, arguing the suspension was too lenient given the grave circumstances. The case involved a pre‑drinks party for UCC Freshers' Week, a drunk homeless man, and the death of 20‑year‑old Cameron Blair, who was stabbed moments after O'Connor had brandished a large knife on the doorstep.

2022-03-08 · Meath

International crime gang member fails in bid to reduce sentence

Daniel Munteanu, a 32-year-old Romanian national from Navan, Co Meath, has failed in his appeal against a custodial sentence imposed at Trim Circuit Criminal Court. Munteanu pleaded guilty to 10 charges of stealing €121,800 from 52 Bank of Ireland accounts between September 9, 2018, and March 4, 2019. He also admitted possessing 51 cloned bank cards, card-making equipment, and false identity documents. Judge Martina Baxter originally sentenced him to seven years, with the final six months suspended, after applying a discount to an 11-year headline sentence. Munteanu appealed on the grounds that the judge placed insufficient weight on mitigation, arguing he was merely a 'foot-soldier' in an international skimming gang who received a 10-15% cut of the proceeds. The Court of Appeal, presided over by Mr Justice George Birmingham, dismissed the appeal. The Court President noted that the original judge had applied a 'significant and generous' discount and that the final six-and-a-half-year term clearly fell within the available range. The court accepted the prosecution's submission that Munteanu was part of a complex criminal organisation operating across multiple jurisdictions, including Ireland, the UK, Belgium, Romania, and Italy, which justified the severity of the sentence.

2022-03-07 · Meath

Jail term too severe for international gang member who stole over €120k, lawyers argue

A 32-year-old Romanian national is appealing a six-and-a-half-year prison sentence imposed for his role in an international bank card skimming operation. Daniel Munteanu pleaded guilty at Trim Circuit Criminal Court to ten counts of theft totalling €121,800 from 52 Bank of Ireland accounts between September 2018 and March 2019. Over 300 withdrawals were made from ATMs across multiple counties including Cavan and Monaghan. Gardaí recovered cloned bank cards, a card-cloning machine, and forged identity documents from his home. At the Court of Appeal, his legal team contended the original sentence was disproportionate, characterising Munteanu as a foot-soldier in the gang who received approximately ten per cent of proceeds. The Director of Public Prosecutions countered that Munteanu was an integral member of an established international criminal network operating across multiple jurisdictions with significant resources. The court reserved judgment.

2022-03-07 · Cork

Man avoids jail for impeding murder investigation

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.

2022-03-02 · Cork

Hotel owned by Supermac's founder 'fell below threshold of decency' by refusing emergency accommodation for Traveller family

The Workplace Relations Commission has ordered Atlantic Troy Ltd, trading as the Charleville Park Hotel, to pay €22,000 in compensation to Bridget O'Reilly, her partner Phillip O'Neill, and their two sons. The adjudicator found that the hotel, owned by Supermac's founder Pat McDonagh and his wife Una McDonagh, discriminated against the family under the Equal Status Act by refusing emergency accommodation on 28 September 2020. The complainants alleged they were denied a three-night stay because the hotel insisted on a credit card in the guest's name, a policy the adjudicator determined was a device to exclude those receiving housing assistance. The adjudicator found that membership of the Travelling Community was a material factor in the refusal, noting the hotel's stance fell below the threshold of decency. The hotel strenuously denied discrimination, arguing the family sought a home rather than hotel accommodation and citing previous damage caused by other Traveller groups. However, the adjudicator found the hotel's evidence inconsistent and upheld the complaints on grounds of housing assistance and Traveller status. The compensation breakdown includes €8,000 for Ms. O'Reilly, €8,000 for Mr. O'Neill, and €3,000 for each son. This ruling marks the second time this year the hotel has been ordered to compensate members of the Travelling community for similar discriminatory practices.

2022-03-01 · Dublin

Cannabis hidden under 'strong smelling sausages' led to raid on drug dealers

In a Dublin Circuit Criminal Court hearing, Gardaí raided the home of Jurijs Savcuks (40) and Vladimirs Savcuks (43) after discovering €19,000 worth of cannabis hidden beneath "strong smelling homemade sausages" in a car stopped in Cork. The brothers, both from Chapelton, Hollystown, pleaded guilty to possession of cannabis for sale or supply on 31 January 2020. Gardaí found cannabis plants, stored in tubs of pickled gherkins and ice‑cream, and a bundle of cash worth about €8,000, bringing the total value of seized cannabis to €85,330. Judge Melanie Greally sentenced Jurijs to eight years' imprisonment, suspending the final two years on strict conditions, and Vladimirs to eight years, suspending the final 12 months on strict conditions. Both were described as non‑addicts and the operation as financially driven. The court noted the brothers' prior convictions and the amount of cash found as evidence of a commercial enterprise.

2022-02-25 · Cork

Court quashes drugs conviction of man who had dried cactus extract

In February 2022 the Court of Appeal quashed the conviction of Alexander Rojas Rey, 44, who had been found with dried cactus extract containing mescaline. Rey had pleaded not guilty to possession of mescaline for sale or supply and to possession of the drug itself. He was found guilty in a trial and sentenced in November 2019 to 100 hours of community service instead of 12 months' imprisonment. Rey appealed, arguing that Judge James McCourt had erred by allowing the jury to decide a question of law about whether the substance was a controlled drug. Justice Isobel Kennedy ruled that the trial judge should not have permitted the jury to decide that question and therefore quashed the conviction. A hearing will decide whether a retrial is required. The case centred on whether dried cactus extract is a controlled substance under the Misuse of Drugs Act 1977.

2022-02-25 · Dublin

Evidence from 'execution' of BBC presenter Jill Dando cited in murder appeal

In a Court of Appeal hearing on 25 February 2022, Keith O'Neill, aged 46, sought to have his murder conviction quashed. He had been found guilty of shooting John Wilson, aged 35, to death on 28 September 2012 at Wilson's home on Cloverhill Road, Ballyfermot, Dublin 10, and sentenced to life imprisonment by Mr Justice Tony Hunt in May 2015. O'Neill's lawyers argued that evidence of gunshot residue on clothes he had dumped in a skip should not have been admitted to the jury. They cited a forensic expert's testimony that a single particle of residue found in the right pocket of a coat had helped convict the Englishman Barry George of BBC presenter Jill Dando's murder in 2001. Mr Justice John Edwards noted that new guidelines in England recommend caution when considering small amounts of residue. Conor Devally SC for the Director of Public Prosecutions said the guidelines were proposals and not yet established protocols. Keith O'Neill pleaded not guilty. Jill Dando was acquitted.

2022-02-22 · Cork

Young mum caught with €28k in heroin hidden in nappy

Kaitlin O'Driscoll, a 21‑year‑old mother from Cork, was arrested in Dublin after Gardaí discovered 200 g of heroin, worth €28,000, wrapped in a nappy in her bag at a house on Bride Street. She had travelled from Cork with cash given by an unidentified man and had taken her child with her to the house, claiming she was doing a favour for someone she could not identify. Gardaí also arrested a man in the house, finding €4,450 in envelopes that he said belonged to another man. O'Driscoll pleaded guilty to possession of drugs for sale or supply. The court noted her 15 prior theft convictions but no drug‑dealing convictions. Judge Melanie Greally sentenced her to a three‑and‑a‑half‑year prison term, back‑dated to her arrest, and suspended the final 18 months on the condition that she engage with the Probation Service addiction support programme.

2022-02-14 · Cork

Blarney Castle operator challenges hotel planning permission

The operator of Blarney Castle has filed a High Court challenge against An Bord Pleanala's decision to grant planning permission for a hotel and commercial development on land 200 metres from the castle. The Blarney Castle Estate Partnership, comprising Charles Colthurst and Flintcroft Ltd, seeks to overturn the permission granted to Irish Conference and Leisure Holdings Ltd for an 80‑bedroom hotel, supermarket, office buildings, coffee shop and 70 residential units on St Ann's Road, Monacnapa. The partnership argues that the development would detract from the castle's character and undermine its status as a major tourist attraction, citing the lack of adequate reasons in the board's decision and alleged errors in interpreting local plans and heritage guidelines.

2022-02-14 · Dublin

Gang member jailed for role in failed Kinahan plot to murder 'Mago Gately'

Douglas Glynn, 37, of Dublin 1, was sentenced by the Special Criminal Court to seven years and six months imprisonment for participating in the activities of a criminal organisation. The final year of the sentence is suspended, and the term is backdated to December 31, 2021, when he entered custody. Glynn pleaded guilty to charges relating to the targeting of James 'Mago' Gately between December 7, 2016, and April 6, 2017. The court found that Glynn placed a tracking device on Gately's vehicle, an act that positioned him higher in the criminal hierarchy than co-accused Stephen Fowler and others. Mr Justice Hunt, sitting with Judges Sarah Berkeley and Cormac Dunne, noted the offence arose from an ongoing plan by the Kinahan organised crime group to murder Gately, a member of the rival Hutch group. The judge highlighted that the criminal organisation was serious, well-organised, and well-financed. In mitigation, the court considered Glynn's guilty plea, entered after the trial began, and his previous minor convictions. The sentence reflects the gravity of the offence, which was prevented solely by early Garda intervention. Related proceedings include the 2018 sentencing of Imre Arakas, who was jailed for six years for conspiring to murder Gately, and the 2023 sentencing of Peter Keating, who received 11 years for directing the criminal organisation's activities.

2022-02-11 · Dublin

'Lash him out of it': violent teen who recorded stabbing on Snapchat is jailed

Jason Finnegan, aged 19, was sentenced to five years in prison, with the final two and a half years suspended, for a series of stabbing offences. He and Mark Pidgeon attacked Kenneth Osbourne in a flat, with Finnegan recording the assault on Snapchat while shouting encouragement such as "lash him out of it." The recording lasted about 90 seconds and was later posted on social media. Osbourne suffered multiple stab wounds, including to his arm, requiring surgery. Finnegan had previously pleaded guilty to two other stabbings in Dublin's inner city and to threatening to kill a woman. The judge noted the aggravating factors of the violence, the encouragement of the attacker, and the use of social media, and imposed the suspended sentence to encourage rehabilitation. The victim, Osbourne, declined to give a victim impact statement and did not identify the attackers. The case highlighted the use of digital evidence in identifying the perpetrators.

2022-02-10 · Dublin

Use of phone records to convict 'ruthless' Kinahan hitman a breach of his privacy, appeal told

A Kinahan-linked man convicted of attempted murder is challenging his conviction on appeal, arguing that mobile phone records used to secure his conviction breached his right to privacy under Irish and European Union law. Caolan Smyth, now imprisoned at Cork Prison, was found guilty at the Special Criminal Court in January 2021 of the attempted murder of James Gately in north Dublin on 10 May 2017. Smyth was sentenced to twenty years' imprisonment. His co-accused, Gary McAreavey, received three years for assisting in the destruction of the vehicle used in the shooting. At the Court of Appeal, counsel for Smyth submitted that phone location data gathered under the Communications (Retention of Data) Act 2011 should not have been admitted as evidence, citing a 2018 judgment that found the legislation incompatible with EU law. The Director of Public Prosecutions contended that the phone records were recovered lawfully and that the legislation remains valid. McAreavey separately appeals his conviction, challenging whether evidence proved his knowledge that a serious offence had been committed. Caolan Smyth pleaded not guilty. Gary McAreavey pleaded not guilty.

2022-02-02 · Cork

Hotel's credit card requirement discriminatory to Travellers, WRC finds

The Workplace Relations Commission has found that a Co Cork hotel discriminated against three Traveller women by enforcing a credit card requirement to secure accommodation. Annalise Power, Ann Stokes, and Bridget Power, who travelled from Longford to attend a birthday celebration in September 2019, were refused rooms at the Charleville Park Hotel and Leisure Club despite offering alternative payment methods. The hotel maintained the policy applied uniformly to all guests following incidents of room damage and unpaid bills. Adjudication officer Janet Hughes ruled the requirement had a disproportionate impact on the Travelling community, citing Census 2016 data showing approximately eighty percent unemployment in that demographic, making credit card access substantially less available than for the general population. Ms Hughes ordered the hotel to pay €3,500 to Annalise Power, €8,000 to Ann Stokes, and €4,500 to Bridget Power. The officer noted the awards reflected the discriminatory nature of the policy, though Ms Power's conduct during the incident reduced her individual compensation.

2022-01-28 · Cork

Speeding teen who caused death of Kimberly O'Connor has sentence reduced

Daniel Wyse, 18, of Killiney Heights, Cork, had his sentence reduced after an appeal. He had pleaded guilty to dangerous driving that caused the death of 16‑year‑old Kimberly O'Connor and serious injury to a 17‑year‑old male passenger in a crash on Harbour View Road in February 2020, when he was 16. He also pleaded guilty to failing to stop, driving without a licence and insurance, and failing to give gardaí appropriate information. The original sentence was four years detention followed by four years supervision, a 15‑year driving ban, and restrictions on naming him. The Court of Appeal, led by Mr Justice George Birmingham, reduced the detention to six years, suspended the final 18 months of the remaining four years for 18 months, and reduced the driving ban to ten years. The appeal was based on the fact that Wyse was a juvenile and had no prior convictions.

2022-01-25 · Cork

Court rejects State's bid to jail man who sexually assaulted underage girl

In a Court of Appeal decision on 25 January 2022, the court rejected the State's request to jail a 22‑year‑old man who had sexually assaulted a 14‑year‑old girl after befriending her on Snapchat. The man had pleaded guilty to the assault, to asking the girl to touch him, and to contacting a child for sexual exploitation, all offences under Irish law. In February 2021 he received a two‑year suspended sentence from Judge Seán Ó Donnabháin at Cork Circuit Criminal Court. The Director of Public Prosecutions appealed, arguing the sentence was too lenient, but the three‑judge panel, led by Mr Justice John Edwards, decided not to interfere with the original sentence. The court noted the man had fled to England after the incident, returned to Ireland in July 2020, and had spent a month in custody following his arrest. No further action was taken in this appeal.

2022-01-18 · Dublin

Ban on naming criminal who kidnapped and tortured Kevin Lunney is lifted

The High Court has lifted a naming ban on Alan Harte, allowing the media to identify him following his sentencing. Harte, 40, pleaded not guilty to charges of false imprisonment and intentionally causing serious harm to Kevin Lunney at Drumbrade, Ballinagh, Co Cavan, on September 17, 2019. On December 20, Mr Justice Tony Hunt sentenced Harte to 30 years' imprisonment for torturing and falsely imprisoning Mr Lunney. The judge described Harte as the ringleader who inflicted most of the serious injuries, including knife wounds to the face and torso, and rejected mitigation based on Harte's childhood trauma, noting he had previously used the same narrative to mitigate his sentence for helping dispose of Peter Gunn's body. Harte was previously convicted of impeding the garda investigation in the Gunn case, receiving a six-year sentence with the final three years suspended. Kastriot Boza, 48, also pleaded guilty to impeding the garda investigation in that matter. The naming ban had been in place due to Harte's pending trial for the murder of Anthony Rogers, a charge the DPP dropped after the judge ruled key CCTV identification evidence inadmissible. Harte's lawyers had argued the ban should remain to protect his right to a fair trial in other unrelated proceedings, but the court lifted the restriction.

2022-01-18 · Cork

Gunman who shot woman watching TV in own home abandons appeal

In February 2017, Gavin Sheehan, aged 35, was convicted at Cork Circuit Criminal Court of possession of a firearm and ammunition, unlawful discharge of a firearm, assault causing serious harm, and two counts of criminal damage. The jury found him guilty after a seven‑day trial. Judge Sean O'Donnabhain imposed a headline sentence of 14 years, suspending three years, and noted the victim, 21‑year‑old Ciara Sheehan, survived after life‑saving surgery. Sheehan had previously denied all charges and appealed. On 18 January 2022, the Court of Appeal, presided over by Mr Justice George Birmingham, considered whether the suspended portion could be reassessed if Sheehan failed to make suitable progress in rehabilitation. Defence counsel Patrick McGrath SC requested a brief adjournment, after which Sheehan withdrew his appeal. The court granted the withdrawal, noting Sheehan's 72 prior convictions and the legal advice he had received. The case remains at the point of the suspended sentence, with no further appeal pending.

2022-01-14 · Dublin

Tracker device planted in foiled Kinahan Cartel plot to murder rival Hutch member

Douglas Glynn (37) of Fitzgibbon Court, Dublin 1, was re-arraigned on November 17 and pleaded guilty to participating in activities of a criminal organisation, contrary to Section 72 (1) (A) of the Criminal Justice Act. The charge relates to his involvement between December 7, 2016, and April 6, 2017, in activities connected with the targeting of James 'Mago' Gately. Glynn had previously pleaded not guilty at his first arraignment on November 9. Mr Justice Tony Hunt, presiding at the non-jury court, remanded Glynn in custody until February 11, when he will be sentenced. In a related case, Caolan Smyth (30) of Cuileann Court, Donore, Co Meath, was sentenced to 20 years at the Special Criminal Court for the attempted murder of Gately and for possession of a firearm with intent to endanger life. Smyth had denied both charges. Gary McAreavey (53) of Gort Nua, Station Road, Castlebellingham, Co Louth, pleaded not guilty to acting to impede an apprehension or prosecution by purchasing petrol and assisting in the burning out of the vehicle, a black Lexus, used in the attempted murder at Newrath, Dromiskin, Co Louth on the same day. He received a four-year jail term with the final year suspended. Estonian hitman Imre Arakas (63) was jailed by the Special Criminal Court for six years in December 2018, after he admitted to conspiring with others to murder Gately in Northern Ireland between April 3 and 4, 2017. Stephen Fowler (62), of Blakestown Cottages in Clonsilla, Dublin 15, has already been jailed for providing logistical support to the plot to murder Gately. The court heard that Gately had been warned by gardaí of a threat to his life from criminals who believed him to be involved in the Regency Hotel murder of Kinahan Cartel associate David Byrne in February 2016. The court has heard in previous related cases that there was 'ongoing targeting' of Gately in the context of a feud between the Hutch and Kinahan crime groups.

2022-01-13 · Cork

'Big uncle' fails in appeal against conviction for abusing nephews

In February 2020, a man was convicted of seven counts of indecent assault against his girlfriend's nephews, aged four to nine, who were abused between 1985 and 1989 at their grandparents' home. The man, who was in his late teens when the abuse began, denied all charges. During the trial, the victims' father described the man as a "big uncle" who would play with the boys in their bedroom, often playing table football. A jury found him guilty and Judge Seán Ó Donnabháin sentenced him to three years' imprisonment, with 18 months suspended. The man's lawyers appealed, arguing procedural errors and that the trial judge had erred by allowing alternative counts for the same alleged offence over three years. Judge Patrick McCarthy acknowledged procedural errors but found they did not undermine overall fairness.

2021-12-20 · Waterford

Garda attacker wishes judges a 'Happy Christmas' after they cut his jail time

Dean Flynn, 25, a repeat offender with 55 convictions, had pleaded guilty to assaulting Garda Stephen Noonan and Garda Mark O'Dwyer after breaching a court order that barred him from his mother's house. The original sentence, imposed by Judge Eugene O'Kelly, was five years for the assault on Noonan and five months for the assault on O'Dwyer, both to run concurrently. Flynn's lawyers appealed, arguing the headline sentence was too high and the one‑year discount insufficient. The Court of Appeal quashed the original sentence and imposed a new term of three years and three months. Mr Justice Patrick McCarthy, sitting with Judges George Birmingham and Aileen Donnelly, re‑sentenced Flynn to four years imprisonment with nine months suspended, citing the early guilty plea and Flynn's suitability for rehabilitation. Flynn, after being asked to enter a good‑behaviour bond, wished the judges a 'Happy Christmas' before being led away.

2021-12-16 · Cork

'Vast uncertainty' as to whether dried cactus extract is controlled drug, appeal told

The Court of Appeal was told that there is "vast uncertainty" about whether the dried extract from certain cacti that contain mescaline is a controlled substance under the Misuse of Drugs Act 1977. Alexander Rojas Rey, 44, was charged with possession of mescaline for sale or supply and possession of the same drug at his home. He pleaded not guilty but was found guilty and received a community service order of 100 hours in lieu of 12 months' imprisonment. Rey appeals on the basis that Judge James McCourt erred by refusing to determine whether the substance was a controlled drug and by allowing the jury to decide a question of law. Defence counsel Peter O'Flynn argued the powder was merely dried plant material and not covered by the Act, while the Director of Public Prosecutions maintained that the powder contained mescaline, a scheduled substance. The judgment is reserved.

2021-12-09 · Cork

Student who bought drugs over dark web may be discharged

Harry O'Brien, 22, pleaded guilty at Dublin Circuit Criminal Court to the importation of cannabis and possession of cannabis and Ketamine for sale or supply at Trinity Halls, Rathmines, on March 13, 2019. Judge Melanie Greally set an indicative sentence of 16 months imprisonment but deferred its imposition under Section 100 of the Criminal Justice Act 2006. The court ordered O'Brien to pay a €500 fine, complete three months of voluntary work for St Vincent de Paul, and keep the peace and be of good behaviour during the adjourned period. If these conditions are met, the judge stated she would discharge him from the indictment. The matter was adjourned to March 21, 2022. O'Brien, who has no previous convictions, admitted to purchasing the drugs via the dark web for personal use, denying he was a dealer. The court noted his mental state was precarious at the time of the offence but acknowledged his subsequent academic success and founding of a disabled students' advocacy group.