Court archive

Court reports mentioning Cork

2021-03-15 · Cork

Cork County Council brings action against Minister over development plan

Cork County Council has filed a High Court challenge against the Minister for Local Government and the State, arguing that a December 2023 direction to remove a variation to the 2014 Cork County Development Plan is unlawful. The council's elected members had introduced a variation in January 2020, including a retail planning strategy, after reviewing a detailed report and concluding that a major retail outlet centre would benefit the area without harming other retail centres. The Minister claimed the variation made the plan inconsistent with national spatial planning guidelines and that the Office of the Planning Regulator had found it inconsistent with its recommendations. The council, represented by James Connolly SC and Stephen Dodd SC, contends the Minister acted without jurisdiction, misinterpreted guidelines, and considered irrelevant factors. They seek an order quashing the Minister's direction, declarations that parts of the 2018 Planning and Development (Amendment) Act are unconstitutional, and that the direction has no legal effect.

2021-03-12 · Dublin

16-year-old in violent attempted robbery of taxi

Jason Collins, aged 19, was sentenced to 16 months in prison for attempting to rob a taxi driver when he was 16. The offence, committed on Bluebell Avenue, Dublin, on 15 May 2018, involved Collins and two teenage girls who flagged down a taxi on Cork Street at about 4 a.m. Collins brandished a flick knife, threatened the driver, and then punched and kicked him after the driver fled. The driver suffered facial cuts and a broken tooth and was taken to hospital. Collins, who had blood on his clothes, was also hospitalized for a hand injury. He had previously been convicted of a similar attack with his brother. The court, noting his juvenile status and personal hardships, imposed a two‑year, four‑month sentence with the final 12 months suspended under conditions. The unnamed man pleaded guilty.

2021-03-08 · Ireland

'Lash him out of it': teen recorded stabbing on Snapchat

An 18‑year‑old, Jason Finnegan, was remanded on bail pending sentence after he recorded his 30‑year‑old accomplice, Mark Pidgeon, stabbing Kenneth Osbourne on Snapchat. The recording captured the initial conversation and the stabbing, during which Finnegan shouted encouragements such as "lash him, lash him out of it" and called Osbourne a "rat." The incident lasted about 90 seconds before the pair left the scene. Osbourne suffered multiple stab wounds, including an arm injury that required surgery. Finnegan pleaded guilty to assault causing harm at Basin Street Flats on 15 March 2020. Pidgeon was sentenced to three years in prison in January after pleading guilty to the same offence. Judge Karen O'Connor adjourned Finnegan's case to 4 June, ordering a probation report, and noted his progress with community agencies. The court heard that Osbourne did not wish to give a victim impact statement and that the Snapchat footage, along with CCTV, identified the attackers.

2021-03-04 · Cork

Bar manager caught with 'stomach churning' child abuse material

In a Dublin Circuit Criminal Court hearing, Matthew Johnstone, 31, pleaded guilty to possession of child pornography. Gardaí seized a laptop from his Brabazon House apartment, uncovering 22 images and 13 videos depicting children aged 1 to 12 years in sexual and physical abuse. The images showed girls aged 4 to 12 being abused, with eight digitally altered to include a horse's genitalia. The videos featured girls aged 1 to 10, including four of an 18‑month‑old baby abused by an adult woman, and a "trailer" video. Judge Pauline Codd described the material as "stomach churning" and adjourned the case for finalisation on March 24. Johnstone had no prior convictions, had worked as a bar manager, and claimed remorse, stating he had attended two counsellors and was seeking rehabilitation. The court considered a non‑custodial sentence.

2021-03-04 · Cork

David Douglas shot six times, murder trial hears

The Special Criminal Court heard evidence in the ongoing trial of Lee Canavan (31), who has pleaded not guilty to the murder of David Douglas (55) at Shoestown, Bridgefoot Street, Dublin 1, on July 1, 2016. Former State Pathologist Professor Marie Cassidy testified via video-link that Mr Douglas died from six gunshot injuries sustained while standing in his shop doorway. She detailed that five bullets exited the body, while one remained in his trunk, causing extensive damage to his jaw and neck. The prosecution alleges this was a meticulously planned assassination, with Canavan identified as the shooter. They further claim a stolen Mercedes-Benz, linked to Canavan via fingerprints and DNA, was used as the getaway vehicle before being set alight. Canavan also denies a separate charge of criminal damage to a Suzuki Swift. This is the fourth prosecution related to the killing; previously, Frederick 'Fat Freddie' Thompson was jailed for life for the murder, Gareth Brophy received a ten-year sentence for acting as a getaway driver, and Nathan Foley pleaded guilty to assisting a criminal organisation, receiving a six-year sentence. The trial continues before Mr Justice Michael MacGrath and colleagues.

2021-03-03 · Dublin

Eyewitness tells murder trial of how gunman 'smirked'

The Special Criminal Court heard eyewitness testimony in the ongoing trial of Lee Canavan, who has pleaded not guilty to the murder of shoe shop manager David Douglas (55) in Dublin 1 on July 1, 2016. Mr. Douglas was shot six times, sustaining injuries to his chest, neck, back, torso, elbow, and jaw. Canavan also denies a second charge of criminal damage to a Suzuki Swift on July 4, 2016. Prosecution counsel described the incident as a meticulously planned assassination, alleging Canavan was the shooter. Witness Shane Egan testified that he saw a man enter the shop, heard shots, and observed the suspect walk away while smirking. Medical evidence confirmed Mr. Douglas died at 4:55 pm. A loaded semi-automatic pistol was recovered at the scene. Evidence also linked Canavan to a Mitsubishi involved in the alleged arson of the Suzuki Swift, where he was arrested with €1,065 in cash and petrol on his clothing. The court noted that Nathan Foley (22) was jailed for six years in 2019 after pleading guilty to assisting a criminal organisation by driving one of four cars and buying mobile phones. Additionally, Frederick 'Fat Freddie' Thompson (41) was jailed for life in 2018 for the murder, and Gareth Brophy (26) received a ten-year sentence in February 2020 for acting as a getaway driver. The trial continues before Mr Justice Michael MacGrath.

2021-03-02 · Dublin

'Blood everywhere': child service worker tells of murder next door

Lee Canavan (31) pleaded not guilty to the murder of David Douglas (55) and criminal damage to a Suzuki Swift at the Special Criminal Court. The prosecution alleges Mr. Canavan shot Mr. Douglas six times at Shoestown, Bridgefoot Street, Dublin 1, on July 1, 2016, describing the incident as a meticulously planned assassination. Witness John Shaw, a worker at the adjacent 'Busy Bees' service, testified to hearing gunshots and finding Mr. Douglas on the floor with blood everywhere. Other witnesses described a man in black clothing fleeing into a dark grey Mercedes. Mr. Canavan denies the charges, while the state links him to two vehicles via fingerprint and DNA evidence. This is the fourth person charged in connection with the killing. Previously, Frederick 'Fat Freddie' Thompson (41) was jailed for life for the murder. Nathan Foley (22) pleaded guilty to assisting a criminal organisation by driving one of four cars and buying mobile phones, receiving a six-year sentence. Gareth Brophy (26) was jailed for ten years in February 2020 for his role as getaway driver. The trial, presided over by Mr Justice Michael MacGrath, Ms Justice Sinead Ní Chúlacháin, and Mr Justice Dermot Dempsey, is expected to last four weeks and continues tomorrow.

2021-03-01 · Dublin

Alleged gunman in 'meticulously planned assassination' goes on trial

The trial of Lee Canavan (31) has opened at the Special Criminal Court, where he pleaded not guilty to the murder of David Douglas (55), who was shot dead at Shoestown, Bridgefoot Street, Dublin 1, on July 1, 2016. Canavan also denies criminal damage to a vehicle on July 4, 2016. The State alleges Canavan "literally pulled the trigger" in a "meticulously planned assassination," presenting evidence of a semi-automatic pistol found near the victim and linking Canavan to two vehicles via fingerprints and DNA. Prosecutors detailed the movements of four cars used in the offence, including a Mercedes set alight near Carman's Hall and a Suzuki burned on Strand Road. Nathan Foley (22) was previously jailed for six years after pleading guilty to assisting a criminal organisation by driving one of the cars and buying mobile phones. Frederick 'Fat Freddie' Thompson was jailed for life by the Special Criminal Court for the murder; however, his defence counsel noted a live appeal is currently pending in Thompson's case. The trial, presided over by Mr Justice Michael McGrath, Ms Justice Sinead Ní Chúlacháin, and Mr Justice Dermot Dempsey, is scheduled to last four weeks.

2021-02-22 · Limerick

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

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

2021-02-11 · Cork

Man who raped 'semi-comatose' teenager is jailed for seven years

In a Central Criminal Court case in Cork, a 27‑year‑old man was convicted of raping a 17‑year‑old girl who was described as "semi‑comatose" after a night out. The court heard that the accused had searched the internet for information on rape before Gardaí arrived. He was found guilty by a jury on 27 August 2017 and sentenced to seven years' imprisonment, with a four‑year post‑release supervision order. The judge noted the victim's condition, the accused's attempts to conceal the act, and the substantial harm caused. The victim's impact statement described feelings of vulnerability, shame and family disruption. The accused's defence highlighted his prior good character and work history, while the prosecution emphasised the lack of consent and the victim's intoxication level. The case concluded with the judge's sentencing decision.

2021-02-09 · Cork

Court declines to approve PIA for car sales exec

The High Court refused to approve a Personal Insolvency Arrangement (PIA) for Mr Keith Cremin, a 49‑year‑old car sales executive from Subulter, Mallow, who owed about €190,000 to several creditors, including Pepper Finance Corporation DAC, Bank of Ireland, Everyday Finance and the Revenue Commissioners. The PIA, proposed by a Personal Insolvency Practitioner, would have required Cremin to make monthly contributions of €690 to €866 over 24 months, with a net payment of roughly €18,000 to creditors, and to continue interest‑only payments on his mortgage until the end of the period. Pepper opposed the arrangement, arguing that it would result in a substantial write‑off of a loan that had not defaulted. Judge Mark Sanfey held that approving the PIA would be unfair to Pepper, noted that Cremin had no pressing insolvency issues beyond the motor business collapse of 2008, and deemed the application premature.

2021-02-04 · Cork

Court wants submissions on intent in rubbish chute murder case

The Court of Appeal has requested written submissions from the prosecution and defence on whether David O'Loughlin, 33, had the intent required for murder when he threw Liam Manley, a vulnerable homeless man with an alcohol dependency, down a 40‑ft rubbish chute. O'Loughlin was convicted of murder in 2013 and retried in 2019 after his first conviction was overturned because the jury had visited the chute and possibly thrown a stone down it. The appeal concerns whether the jury should have been discharged for visiting the chute. O'Loughlin's counsel argues the act was intended to give a "soft landing" and that the chute's blockage made it a death trap, suggesting manslaughter rather than murder. The DPP maintains that O'Loughlin was aware of the chute's danger and that his actions contributed significantly to Manley's death. The Court of Appeal has reserved judgment.

2021-02-01 · Limerick

7.5 years for 'horrific' head stabbing that 'destroyed' victim's life

A 29‑year‑old man, Thomas Power, was sentenced to seven‑and‑a‑half years in prison for stabbing a stranger, Eoin Casey, in the head on 20 August 2018. The knife entered Casey's left temple, travelled across his brain and left the tip inside the skull. Casey spent two weeks on a ventilator and five months in a rehabilitation centre, and now suffers lifelong disability, epilepsy, speech dyspraxia and impaired reading and writing. Power pleaded guilty to assault causing serious harm and assault causing harm, and was also found guilty of assaulting Aaron Grant, who sustained superficial injuries. Power's sentence, back‑dated to 20 January 2021, runs concurrently with the two convictions and includes an 18‑month suspended portion for the serious‑harm charge.

2021-01-28 · Limerick

Man left with lifelong disability after stranger stabbed him in head

In a court hearing on 28 January 2021, the case of Thomas Power, a 29‑year‑old Limerick resident, was presented. Power pleaded guilty to assaulting Eoin Casey, 25, on 20 August 2018, when a knife penetrated Casey's left temple, leaving a fragment inside his skull. Casey suffered a severe brain injury, requiring transfer to Cork University Hospital and subsequent rehabilitation in Dublin. He now has lifelong disabilities, including speech dyspraxia and memory deficits, and continues ongoing medical treatment. Power also pleaded guilty to assaulting Aaron Grant on the same night, who sustained superficial injuries. The court heard victim impact statements from Casey's brother and Grant, describing the lasting physical and emotional effects. Power was remanded in custody pending sentencing, with the judge noting the incident was a chance encounter without prior history between the parties. The case highlights the serious harm caused by the stabbing and the enduring impact on the victim's life.

2021-01-22 · Cork

Former mother and baby home resident takes damages action

Caroline Donovan, a former resident of Bessborough House in Blackrock, Cork, has initiated a High Court personal injuries claim against the State, the HSE, and the Congregation of Sacred Hearts of Jesus and Mary. Ms Donovan, who resided at the facility in the mid-1980s and early 1990s, alleges she was subjected to physical and emotional abuse, constituting a breach of her constitutional rights. She claims she was forced to work unpaid for the facility and a local family under harsh and unsafe conditions. Additionally, Ms Donovan alleges that her baby girl, born in the early 1980s when Ms Donovan was 15, was wrongfully adopted without her consent following undue influence. The defendants include the Minister for Health, the HSE, Ireland, the Attorney General, and the nuns who ran the home, which closed in 1999. Represented by solicitor Siobhan O'Neill and barristers Frank Callanan SC and Conor Duff BL, Ms Donovan intends to formally lodge the proceedings in the coming days. This action is understood to be among the first brought following the publication of the final report by the Commission of Investigation into Mother and Baby Homes. The matter is at the hearing_or_decision stage, with the case expected to come before the courts at a later date.

2021-01-20 · Cork

Covid travel concerns adjourn rape sentencing

The sentencing of a 25‑year‑old man convicted of raping his best friend's sister while she slept has been postponed due to Covid‑19 travel concerns. The conviction, obtained last September at the Central Criminal Court in Cork, followed a trial where the defendant pleaded not guilty to a single rape charge at a place in Co Kerry on 10 June 2018. The sentence hearing was scheduled for today before Justice Mary Rose Gearty in the Criminal Courts of Justice building in Dublin. Prosecutor Vincent Heneghan informed the judge that the complainant, aged about 20, wished to attend but was uneasy about travelling during the pandemic lockdown. He requested an adjournment, which the defence accepted. The judge set the new hearing for 25 March.

2021-01-15 · Cork

Unlicensed driver who left toddler 'bleeding and lifeless' on road fails in appeal

The Court of Appeal upheld a four‑year sentence for a 17‑year‑old unlicensed driver who, after buying a car for €100 the day before, sped through tight turns in a residential area and struck a toddler on 25 March 2019. The child was thrown into the air, left bleeding and lifeless, and suffered severe injuries including a broken collarbone, broken shoulder blade, fractured hip, collapsed lung, brain bleed and permanent traumatic brain injury. He spent eight days in an induced coma, twelve days in intensive care, and remains unable to walk, talk or hold his head, requiring tube feeding. The defendant pleaded guilty to driving a dangerously defective vehicle, failing to stop, failing to remain at the scene, failing to report the incident to Gardaí and driving without insurance or a licence. The court imposed six years' detention, with the final two years suspended, and a 20‑year driving ban.

2021-01-11 · Cork

Teen pleads guilty to violent disorder

A 19‑year‑old teenager pleaded guilty before the Central Criminal Court in Dublin to two counts relating to a violent incident in Cork City on 16 January 2020 that caused a fatality. He admitted to violent disorder and to producing a knife in a manner likely to intimidate another. The case was adjourned by Mr Justice Paul McDermott to 15 March for sentencing.

2020-12-23 · Louth

'Badge of honour': the ensnarement of a garda murderer

Aaron Brady was convicted of the murder of Detective Garda Adrian Donohoe, who was shot during an armed robbery at Lordship Credit Union in County Louth on 25 January 2013. An investigation spanning several years culminated in Brady's trial, where the prosecution presented extensive circumstantial evidence linking him to the crime. This included CCTV footage connecting Brady to a stolen Volkswagen Passat used in the raid, phone records showing his movements, and witness testimony placing him in the vicinity. Brady's own statements to gardaí contained multiple falsehoods about his whereabouts that night. The investigation also revealed Brady had later made incriminating admissions whilst living abroad, boasting about shooting a police officer. The jury found Brady guilty of the murder. The case was handled by Dundalk District Court and involved cooperation between Irish and Northern Irish police services.

2020-12-23 · Dublin

A Murder in the Family: Patricia O'Connor Trial Summary

The trial of Kieran Greene, aged 61, centred on the murder of his partner's mother, Patricia O'Connor, who was found dead in a shallow grave in Wexford. Greene admitted to a physical altercation in the house, claiming he struck her with a hurley and she struck him back. He said she became unresponsive, that he carried her upstairs, placed her in the boot of a Toyota Corolla, drove to Wexford, dug a shallow grave, buried her, and later dismembered her body with a hacksaw. Greene told Gardaí he had acted alone, that he had no accomplices, and that he had handed himself in because he could not live with the guilt. He also claimed the murder was self‑defence. The prosecution presented CCTV footage, forensic evidence of hair and body parts, and statements from family members to show Greene's involvement. The jury heard that Greene's December interview was unreliable and that he had changed his account.

2020-12-21 · Cork

City burglars who targeted elderly couple out at mass have sentences upheld

Two burglars, Niall Fitzpatrick (53) and Jerry O'Leary (62), were convicted of a carefully planned burglary at Kilberehert, Freemount, Charleville on 19 October 2023. They targeted the home of a couple in their late 80s who were out attending Mass. The crime involved hiring cars, changing drivers, altering clothes, hiding in woods and staked‑out surveillance over two days. Both received seven‑year sentences at Cork Circuit Criminal Court. Their appeals to the Court of Appeal were dismissed. The court noted the planning, the number of offenders, the rural target and the vulnerability of the occupants as aggravating factors. It found no error in principle and stated that the judge was not obliged to suspend any portion of the sentences. The appeals were therefore rejected, leaving the seven‑year terms in place. Niall Fitzpatrick pleaded guilty. Jerry O'Leary pleaded guilty.

2020-12-17 · Cork

Challenge to Cork student accommodation

The High Court has granted permission for the Orchard Road and Grove Planning and Environmental Protection Group to challenge An Bord Pleanala's decision to grant planning permission for a 216-bed student accommodation development in Cork City. The applicant, representing local residents, alleges that the board's October 19 decision is flawed and breaches fair procedures. Specific claims include a failure to properly assess impacts on protected natural sites, an erroneous finding regarding minimal loading on a local wastewater treatment plant, and incompatibility of pre-planning consultation with EU Environmental Impact Assessment directives. The group further asserts that the development contravenes the Cork City Development Plan and that the Health Service Executive was not duly notified. The applicant seeks to quash the board's decision and obtain a declaration that certain consultation procedures under the 2000 Planning and Development Act and the 2016 Residential Tenancies Act are invalid. The respondents include the Minister for Housing, Local Government and Heritage, Ireland, and the Attorney General, while Denis O'Brien Developments Cork Ltd is a notice party. Mr Justice Richard Humphreys, managing the strategic infrastructure development and commercial planning list, granted the application for leave to bring the action. The matter was adjourned to a date next month.

2020-12-17 · Cork

Serial burglars who targeted elderly couple out at mass bring appeals

Two Cork men, Niall Fitzpatrick (53) and Jerry O'Leary (62), appealed their seven‑year sentences for a burglary at a home in Charleville on 19 October 2023. The crime, described as carefully planned, targeted an elderly couple who were away at Mass. The men were caught by armed Gardaí after an intelligence‑led investigation. Fitzpatrick had 70 prior convictions, including escape and post office robbery; O'Leary had 48, eight of them burglary. Their counsel argued that mitigating factors such as age, health issues, and the fact that Fitzpatrick had never seen his child due to the pandemic had been insufficiently considered, and that a portion of the sentences should have been suspended to encourage rehabilitation. The Court of Appeal, presiding over the appeal, will decide on Monday. The case highlights the seriousness of the planning and the lack of aggravating factors such as violence or weapons. The appeal is pending. Niall Fitzpatrick pleaded guilty. Jerry O'Leary pleaded guilty.

2020-12-15 · Cork

Teacher's sexual assault conviction is upheld

In a 2020 appeal, an 80‑year‑old retired teacher, John Devlin, sought to overturn an 2017 conviction for sexually assaulting a student. His counsel argued that no evidence supported five of the eight counts and that reasonable doubt existed for the remaining three. The appeal court, hearing the case, noted that the jury had deliberated just over an hour and that the victim had provided detailed testimony for only three incidents. The court rejected the appeal, stating that the conviction was not perverse and that the jury's verdict was within its jurisdiction. The judge emphasized that the evidence was sufficient and that the trial had been fair, thereby upholding the original conviction. The teacher had already served his sentence.

2020-12-09 · Cork

Man to stand trial accused of having child abuse material

A 24‑year‑old man from Cork, Michael Mullen, appeared before Dublin Circuit Criminal Court on charges of possessing child pornography under Section 6(1) of the Child Trafficking and Pornography Act, 1998. His defence lawyer, Luige Rea BL, applied for senior counsel, which the judge granted. The case was set for a five‑day trial scheduled for 28 June 2022.

2020-11-27 · Dublin

Burglar with suspected links to organised crime to be extradited to UK

A High Court judge in Dublin ordered the surrender of Laurence 'Larry' Connors, 29, to the United Kingdom to face three burglary charges linked to alleged thefts of clothing, jewellery, accessories and cash exceeding £100,000 from homes in Kilbride, Hamilton and Cumbernauld, Glasgow, in January 2018. The European Arrest Warrant, issued in November 2019, states the offences are aggravated by a connection with a serious organised crime organisation. Connors, already in custody on other matters and scheduled for release from prison in 2026, was arrested under the warrant in May 2020. He had previously been sentenced in February 2020 by Cork Circuit Criminal Court to ten years, with the final two years suspended, for burglary, possession of stolen property and endangerment of Gardaí. Connors has appealed the severity of that sentence. The judge, Mr Justice Paul Coffey, ordered his surrender but postponed the transfer to March 22, 2021, by which time his appeal is expected to be finalised.

2020-11-26 · Cork

Man acquitted of rape to stand trial again on same charges

A 46‑year‑old man, previously acquitted of raping and sexually assaulting his niece, will face a retrial on the same charges after the Court of Appeal quashed his acquittal. The original trial, held in Cork, saw the judge direct a jury to acquit after hearing prosecution evidence and noting that the prosecution had failed to call two witnesses who had given statements to the gardai. The Court of Appeal, in a judgment delivered earlier this month, found that the trial judge had erred in halting the trial and directing the jury to acquit. The appeal judge highlighted that the defence's application for an acquittal was based on the prosecution's failure to call the complainant's grandmother and father, who had given statements to the gardai. He described the application as surprising and noted that the defence or the judge could have called those witnesses if they wished.

2020-11-19 · Clare

'Demon possessed' teen sees jail for savage knife attack

Dublin Circuit Criminal Court sentenced Jordan Ennis, Lucy Ennis, and Aaron Flanagan for violent disorder and assault causing harm at Edenmore Park, Raheny, on September 19, 2015. All three defendants pleaded guilty. Judge Martin Nolan sentenced Jordan Ennis to two and a half years' imprisonment, having stated his actions initially merited four years. He suspended the final year of the sentence on conditions that Ennis keep the peace and hand over €14,249 to the victim as a token of remorse. Lucy Ennis received a suspended prison term of 18 months. The judge noted she had likely misinformed her brother but accepted her mental health background and lack of prior convictions. Co-accused Aaron Flanagan was sentenced to a suspended prison term of two years, with a condition of good behaviour for that period. The judge cited Flanagan's age at the time as the primary mitigating factor. The court heard that the attack followed a dispute involving teenage girls, during which Jordan Ennis stabbed the victim multiple times while others assaulted him with crutches. The victim was hospitalised for ten days. The judge described the attack as savage and noted that Ennis acted on his sister's accusations, despite the victim denying any prior aggression.

2020-11-18 · Clare

Teenage boy repeatedly stabbed after protecting friend

An appeal has been heard in Dublin Circuit Criminal Court regarding the case of Aaron Flanagan, Jordan Ennis, and Lucy Ennis, who admitted to charges of violent disorder and assault causing harm at Edenmore Park, Raheny on September 19, 2015. The three appellants pleaded guilty to the charges. During the hearing, Judge Martin Nolan remanded the three in continuing custody for sentence tomorrow. The incident involved a 15-year-old victim who was repeatedly stabbed, punched, and kicked by a group of teenagers after he intervened to protect a friend. The victim, now an adult, cannot be identified due to a recent Court of Appeal decision on the identification of juvenile victims of crime. The court heard that the victim was in the park when he saw a group of four teenage girls shouting at another girl, accusing her of making comments on Facebook. The victim attempted to assist the girl, leading to an altercation. The court also heard that Lucy Ennis was the instigator, and her brother Jordan Ennis was involved in the attack. The victim was later assaulted again by Jordan Ennis and others. The court heard that Jordan Ennis had a previous record of being a law-abiding young man and that the attack was out of character for him. The matter was adjourned for sentence.

2020-11-16 · Cork

Seven years for knife attacker who was 'disgusted' victim had lived

In a case heard at the Central Criminal Court, Jason Warrington, a 47‑year‑old father of nine from Mallow, was sentenced to seven years' imprisonment for an unprovoked knife attack on 27‑year‑old Tadhg O'Shea. Warrington stabbed O'Shea 11 times in the back and chest while the victim was leaving a gathering at Warrington's home. O'Shea, who had been living with his grandmother, had met Warrington the previous day and had attended two gatherings where alcohol was consumed. Warrington admitted no prior threats and claimed he had intended to kill O'Shea, stating he was "disgusted" that the victim survived. He pleaded guilty to assault causing serious harm and was given a seven‑year sentence, with the last year suspended on the condition of sobriety and probation. A charge of attempted murder was dropped by the Director of Public Prosecutions. The victim's impact statement highlighted his ongoing depression and fear of seeing his family again.

2020-11-13 · Cork

Uncle wrongly acquitted in rape trial, appeal court finds

In November 2020 the Court of Appeal ruled that a trial judge had erred by halting a rape trial and directing a jury to acquit an uncle accused of raping and sexually assaulting his niece. The appeal court found the judge's decision was wrong and that the trial should have continued. The uncle had been charged under the Criminal Law (Rape) Act 1990 and Section 2 of the Act for two counts of sexual assault, with alleged incidents occurring between 2001 and 2006. The niece alleged three separate assaults at her grandmother's house, describing the uncle's actions and her attempts to stop him. The prosecution had not called two witnesses – the niece's grandmother and father – who had given statements to gardai. The Court of Appeal, led by Mr Justice George Birmingham, said the defence's argument for acquittal was surprising and that the prosecution's failure to call those witnesses was not a valid reason to halt the trial.

2020-11-09 · Cork

Knife attacker 'disgusted' victim had lived

In the Central Criminal Court, Jason Warrington, 47, pleaded guilty to assault causing serious harm after stabbing Tadhg O'Shea, 27, 11 times in the back and chest during a gathering at Warrington's home in Mallow. The attack occurred on 23 December 2018, when O'Shea was visiting after a Christmas event. Garda Anthony Daly testified that O'Shea had reported no prior threats and that the assault began with Warrington's knife. O'Shea was rescued by a guest, taken to hospital, and later gave a victim impact statement expressing ongoing depression and loss of family life. Warrington apologized in court, stating he was disgusted that O'Shea survived and had intended to kill him. He was remanded in custody pending sentencing. The case remains at the sentencing stage.

2020-10-30 · Cork

Teen who knocked down and left toddler with serious injuries appeals sentence

A teenager has appealed to the Court of Appeal against his four-year effective sentence for dangerous driving causing serious bodily harm. The accused, who was 17 at the time of the incident in March 2019, pleaded guilty to dangerous driving, driving a dangerously defective vehicle, failing to stop, failing to keep his vehicle at the scene, failing to report the incident to gardai, and driving without insurance or a licence. He was sentenced last year to six years' detention, with the final two years suspended, and received a 20-year driving disqualification. The court heard that the toddler victim suffered a life-long brain injury and multiple fractures. The appellant's counsel argued that the sentencing judge failed to adequately consider mitigating factors, his youth, and the potential for rehabilitation, while the State maintained the sentence was appropriate. The matter was adjourned as the Court of Appeal reserved its judgment.

2020-10-27 · Cork

State won't appeal refusal to surrender Bailey

In a High Court hearing on 27 October 2020, the State announced it would not appeal the court's refusal to surrender Ian Bailey to French authorities for a 25‑year sentence imposed by a French court for the murder of Sophie Toscan du Plantier. Robert Barron SC represented the Minister for Justice and informed Mr Justice Paul Burns that the State was not seeking a certificate to appeal. Mr Burns ordered that Mr Bailey recover legal costs for two senior barristers, a junior barrister and a solicitor from the State. He also directed that a copy of the judgment be made available to Ms Toscan du Plantier's family and the French authorities. Mr Bailey, aged 63 and resident in Schull, denies any involvement in Ms du Plantier's death.

2020-10-23 · Cork

Cork men to strand trial accused of homeless man's murder

Two men, Christopher O'Sullivan, 37, and James Brady, 26, are accused of murdering Timmy Hourihane, a 53‑year‑old homeless man from West Cork, at Mardyke Walk in Cork City on 13 October 2019. Hourihane was found dead in Cork University Hospital after a fire was reported at a tent near Mardyke Walk. The Central Criminal Court in Dublin will hear the case from 31 January 2022, with a trial expected to last up to three weeks. Mr Justice Michael White adjourned the matter to that date and allowed the possibility of a Cork venue. Both accused men appeared by video‑link and were remanded in custody until the trial date. The case remains pending, with no verdict yet reached.

2020-10-21 · Dublin

Brothers accused of trying to murder garda must wait until 2022 for trial

Two brothers, Lee Quinn, 24, and Gavin Quinn, 26, are charged with the attempted murder of Garda Alan Murphy, who was responding to a stabbing incident on St Vincent's Street, Inchicore, on the night of 30 March 2020. The brothers are also charged with possession of a knife and obstruction. Garda Murphy was injured by a large laceration to his head after being assaulted by the two men while he was helping a wounded man. The DPP had directed trial on indictment, but Mr Justice Michael White scheduled the trial for 11 January 2022, citing a backlog of cases caused by Covid‑19. The brothers were remanded in custody at Cloverhill Prison and Mountjoy Prison. The court also noted that requests for trials to be held in Cork and Kerry would be adjourned to the CCJ in Dublin for the foreseeable future. The trial will take place in 2022.

2020-10-20 · Cork

Garda who approached people for loans seeks to prevent dismissal

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

2020-10-19 · Cork

Abuser fails in appeal against sentence for repeated rape of brother

John Murphy, aged 46, was sentenced to ten years in prison for the repeated rape and sexual abuse of his younger brother over a decade from 1988 to 1997. The abuse began when the victim was ten and continued while he slept. Murphy pleaded guilty to 12 counts, including three oral rapes, at the Central Criminal Court. The judge set a headline sentence of 13 years, reduced to ten after considering Murphy's admissions and guilty pleas, and suspended the last two years on conditions of psychological treatment, victim‑focused work, and probation supervision. The Court of Appeal dismissed Murphy's appeal, upholding the headline sentence and the decision to suspend the final two years, citing the prolonged period of abuse and the breach of trust within the sibling relationship.

2020-10-19 · Cork

Court orders 'high risk' rapist must be supervised upon release

Patrick O'Driscoll, now aged 23, of Rosewood Drive, Charleville, Co Cork, has been re-sentenced by the Court of Appeal following an appeal against his seven-year prison sentence for the rape of a woman in Co Cork on May 10, 2016. O'Driscoll was 18 at the time of the offence. The appeal was heard by Mr Justice John Edwards, Ms Justice Isobel Kennedy, and Ms Justice Aileen Donnelly. The Court of Appeal rejected the appeal regarding O'Driscoll's conviction, stating that the trial judge did not err in dealing with conflicting accounts of the night of the incident or in directing that the case be taken away from the jury. The appeal also sought to have a portion of the sentence suspended, but this was rejected due to the serious nature of the case. The Court of Appeal found that there was no error in the headline sentence of ten years and that a mitigated sentence of seven years could be considered 'generous'. However, the Court of Appeal addressed the lack of post-release supervision, noting a strong need for such supervision in the circumstances of the case. The appeal was allowed, and the sentence imposed by the court was quashed. O'Driscoll was re-sentenced to seven years' imprisonment with a post-release supervision order for a period of five years.

2020-10-15 · Dublin

Provisional liquidators appointed to Pamela Scott operators

The High Court has appointed provisional liquidators to two fashion retail companies that operated thirteen Pamela Scott stores across Ireland. Arzac Developments Ltd ran ten stores while Richard Alan & Co operated three, with outlets in locations including Sligo, Dublin, Limerick, Tralee and Cork. The firms, employing 104 people, sought winding up orders citing challenging market conditions, rising operating costs and the impact of the Covid-19 pandemic, which rendered them insolvent. Mr Justice David Keane appointed insolvency practitioners Eamonn Richardson and Ian Barrett of KPMG as joint provisional liquidators. The court heard the companies faced pressure from landlords, reduced footfall and changes to wage subsidy schemes. Both firms were dependent on their parent company, Flairline Fashion Ltd, for administrative and financial support, which was no longer available. The judge made the cases returnable to November.

2020-10-12 · Cork

France fails in third bid to extradite Ian Bailey for filmmaker's murder

In a High Court hearing on 12 October 2020, Mr Justice Paul Burns refused to order the extradition of British citizen Ian Bailey to France, where he faces a 25‑year prison sentence for the murder of filmmaker Sophie Toscan du Plantier. The judge held that Bailey's surrender remains precluded under Section 44 of the European Arrest Warrant Act 2003, citing an "accrued or vested right" from earlier judicial determinations that barred his surrender. The decision follows two prior French extradition attempts: a 2010 request that was overturned by the Supreme Court in 2012, and a 2017 High Court ruling that deemed the request an abuse of process. Bailey, aged 63, was arrested in December 2019 on a European Arrest Warrant and has been remanded on bail. The judge adjourned formal orders for two weeks to allow the State to seek leave to appeal.

2020-10-09 · Dublin

Gangster 'Fat' Freddie Thompson to appeal murder conviction

In a Court of Appeal hearing on 9 October 2020, 39‑year‑old gangster "Fat" Freddie Thompson, who was jailed for life by the Special Criminal Court in August 2018 for the murder of David 'Daithí' Douglas, announced his intention to appeal. Douglas was shot six times on 1 July 2016 while lunching at his partner's shop in Shoestown, Dublin 8. Thompson's lawyers, Michael Finucane Solicitors, will come on record for the appeal, but have not yet filed grounds of appeal. Free legal aid has been granted to the solicitors, who will set a date for filing. Freddie Thompson pleaded not guilty.

2020-10-09 · Cork

No sentence increase for scissors stabbing

In a 2020 Court of Appeal decision, the sentence of Ryan Compton, aged 30, was upheld at four years with two years suspended for assault causing serious harm to Nigel Walsh. Compton, a Londoner living in Cork, had stabbed Walsh five times with a four‑and‑a‑half‑inch embroidery scissors during a confrontation at Grand Parade on 22 March 2019. Walsh suffered punctured lungs, chest, back, elbow and armpit injuries and required intensive care, including a breathing tube. Compton admitted buying the scissors out of fear of Walsh's threats, which had persisted for nine months. The appeal, brought by the DPP, was dismissed after the Court of Appeal found the original sentence appropriate, noting Compton's lack of prior convictions and mitigating circumstances. No sentence increase was granted.

2020-09-30 · Cork

Farmer will not face second prosecution over tractor death of boy (14)

In a 2020 Court of Appeal decision, a Cork farmer, Mr George Ross, was cleared from a second prosecution over the death of 14‑year‑old Micheál Murphy, who fell from a tractor in 2013. The appeal overturned a prior ruling that the Health and Safety Authority (HSA) could pursue a new charge under the Safety, Health and Welfare at Work Act. Mr Ross had already been convicted in 2014 for a Road Traffic Act offence related to the same incident and fined €700. The judge, Ms Justice Aileen Donnelly, criticised the seven‑year delay between the death and the appeal, noting it reflected poorly on the State. She found no special circumstances to justify sequential prosecutions and rejected the HSA's claim that additional evidence had only emerged after the tractor was seized. Consequently, Mr Ross will not face the HSA charge, which carries a maximum fine of €3 million and a two‑year prison term.

2020-09-30 · Cork

Second appeal over murder of homeless man thrown down rubbish chute

David O'Loughlin, aged 33, has lodged a second appeal against his conviction for the murder of Liam Manley, 59, a homeless man who died after being thrown into a 40‑ft rubbish chute at Garden City Apartments in Cork. The appeal was filed on Wednesday, with counsel Michael O'Higgins arguing that O'Loughlin intended a "soft landing" in a bin cushioned by rubbish bags, but the chute was blocked and became a death trap. O'Higgins contended the bags broke the chain of causation and that the act was not designed to inflict injury, though it contained humiliation. He also claimed the trial judge erred by not properly charging the jury on the reliability of witness David O'Mahony and by allowing O'Loughlin's post‑incident statements to Gardaí as evidence. The DPP's counsel, Patrick McGrath, countered that O'Loughlin was fully aware of the chute's danger and that no third‑party act could absolve him.

2020-09-14 · Limerick

Christy Keane accused get books of evidence

Three men appeared before the Special Criminal Court, where they were served with Books of Evidence in connection with the alleged attempted murder of Christy Keane. The prosecution alleges that the Limerick-based McCarthy-Dundon criminal organisation shot Mr Keane multiple times as he parked his car on the University of Limerick grounds at approximately 6.35am on June 29, 2015. Noel Price, 42, of Kileely Road, Limerick City, is charged with having knowledge of the existence of the McCarthy-Dundon criminal organisation and assisting in making a vehicle available to that organisation with the intention of facilitating the attempted murder, or being reckless as to the same, between June 27 and 29, 2015. Co-accused John Costello, 39, of Hennessy Avenue, Kileely, is charged with knowledge of the existence of the criminal organisation and providing transport to persons with the intention of facilitating the commission of the attempted murder on June 29, 2015. Larry McCarthy, 42, of Tower Lodge, Old Cork Road, Limerick City, is charged with making a vehicle available to the McCarthy-Dundon criminal organisation in the attempted murder between June 27 and 29, 2015. The alleged offences fall under Section 72 of the Criminal Justice Act 2006, carrying a maximum penalty of 15 years' imprisonment. Presiding Judge Mr Justice Tony Hunt remanded all three men in custody to appear again before the non-jury court on November 2.

2020-09-14 · Dublin

Book of evidence for Kinahan target accused

Four men were served with a Book of Evidence at the Special Criminal Court on 14 September 2020. The case concerns the attempted murder of James 'Mago' Gately, who was shot multiple times in his car at a filling station on Clonshaugh Road, Dublin 17, on 10 May 2017. Peter 'Peadar' Keating (39) of Rowlagh Green, Clondalkin, and Stephen Fowler (61) of Blakestown Cottages, Clonsilla, appeared at the non‑jury court charged under Section 72(1A) of the Criminal Justice Act 2006. The charge alleges that between 7 December 2016 and 6 April 2017, they, knowing of a criminal organisation, acted to enhance that organisation's ability to commit the murder of Gately. David Duffy (33) of Greenfort Lawns, Clondalkin, and Douglas Glynn (35) of Fitzgibbon Court, Dublin 1, were also charged with the same offence under Section 72(1).

2020-09-02 · Kildare

Father's conviction for murder of infant son declared a miscarriage of justice

In September 2020 the Central Criminal Court declared the 2003 murder conviction of Yusif Ali Abdi a miscarriage of justice. Abdi had spent 16 years in prison before the Court of Appeal quashed the conviction in February 2019 and ordered a retrial. The retrial found him not guilty by reason of insanity, after evidence that he had been diagnosed with paranoid schizophrenia in 2013. The court granted Abdi leave to seek compensation from the State. The case involved the death of his 20‑month‑old son, Nathan Baraka Andrew Ali, who was found dead in the living room of their Clane apartment on the night of the killing. The retrial relied on psychiatric testimony that Abdi had been suffering from schizophrenia since 2001, a fact that had not been recognised at the original trial. The court's decision was based on the new diagnosis being a newly‑discovered fact that proved the original verdict was fundamentally wrong. Yusif Ali Abdi was acquitted.

2020-07-31 · Dublin

Bail for man charged with attempted murder of Kinahan target

A man named Douglas Glynn, aged 36, was granted bail by the Special Criminal Court for his alleged involvement in the attempted murder of James 'Mago' Gately, a target of the Kinahan cartel. The charge, under Section 72(1) of the Criminal Justice Act 2006, alleges that between 7 December 2016 and 6 April 2017, Glynn, knowing of a criminal organisation, participated in activities that would facilitate the murder of Gately, specifically the fixing of a tracking device on Gately's car. Despite objections from Gardaí, who cited Glynn's risk to public safety, the seriousness of the offence, and his flight risk, the judge granted bail. Conditions include daily reporting to Mountjoy Garda Station, residence at a family home, provision of a mobile number, surrender of travel documents, prohibition from leaving the jurisdiction, and no contact with case‑related individuals.

2020-07-31 · Cork

Court quashes father's conviction for sexually assaulting daughter

In 2020, the Court of Appeal quashed the conviction of a father who had been found guilty of sexually assaulting his 19‑year‑old daughter on Christmas morning in 2017. The appeal argued that the trial judge erred by refusing to allow the defence to cross‑examine the complainant about a diary in her room that contained the words "Hate Dad," which the defence claimed showed pre‑existing malice and could explain a false allegation. The defence also challenged the judge's handling of corroboration evidence, including the complainant's wet socks and her state after drinking wine. The Court of Appeal, citing a combination of concerns about the diary issue and corroboration, declared the trial unfair and ordered a retrial, granting the appellant bail with conditions that he have no contact with the complainant or other witnesses. The conviction was therefore overturned and the case was set for a new trial.