Court archive

Court reports mentioning Cork

2019-05-28 · Dublin

Queen's visit bomber loses appeal based on Irish language rights

Donal Billings, a 67-year-old pensioner from County Longford, has lost his appeal against convictions obtained at the Special Criminal Court. The appeal, heard by the Court of Appeal, focused on two primary issues: the sufficiency of evidence and alleged violations of his Irish language rights. Billings was found guilty of possessing an explosive substance at Longford railway station car park on May 16, 2011, and making false bomb reports on May 16, 18, and 20, 2011, targeting Busáras, Sinn Féin headquarters, Dublin Castle, and Cork airport during Queen Elizabeth's state visit. He was sentenced to eight-and-a-half years' imprisonment by Mr Justice Tony Hunt, who described the acts as outrageous and dangerous. In the appeal, counsel Martin Giblin SC argued that Billings' Irish language rights were destroyed, citing the lack of an Irish-language transcript and the unavailability of the Explosive Substances Act 1883 in Irish. President of the Court of Appeal, Mr Justice George Birmingham, dismissed these arguments, stating the evidence was sufficient and that the trial arrangements, including the use of interpreters, were reasonable. The court found no disadvantage to Billings and ruled that the State was not compelled to provide an Irish transcript or translate pre-1922 statutes. The appeal was dismissed, upholding the original conviction and sentence.

2019-05-27 · Kerry

Five-year jail term for farmer who killed neighbour "too lenient", DPP to argue

In a two‑week trial at the Central Criminal Court, Kerry farmer Michael Ferris, aged 64, was found not guilty of murder but guilty of manslaughter for the death of neighbour Anthony O'Mahony, aged 73, after Ferris drove the prongs of a teleporter into O'Mahony's car on 4 April 2017. The jury, 10 to 2, accepted that the attack was deliberate and caused catastrophic injuries. Justice Carmel Stewart sentenced Ferris to six years' imprisonment, with the final year suspended, and backdated the sentence to the day of the offence. The Director of Public Prosecutions has applied for a review, arguing the sentence was "unduly lenient", and the Court of Appeal has set a hearing for 2 December. Ferris's defence lawyer, Brendan Grehan SC, expressed remorse and cited cumulative provocation by O'Mahony. The O'Mahony family, represented by his niece Ann O'Carroll, has expressed that the outcome was insufficient and that a murder conviction would have been appropriate.

2019-05-27 · Dublin

Man admits conspiracy to murder Gary Hanley

In a non‑jury Special Criminal Court hearing, Joseph Kelly, aged 35, pleaded guilty to conspiring to murder Gary Hanley between 15 September and 6 November 2017, together with Alan Wilson, Liam Brannigan, Luke Wilson and others. He also admitted possession of a 9mm Beretta pistol with intent to endanger life on 6 November 2017 at Philipsburgh Avenue, Marino. The court, presided over by Justice Tony Hunt with Judges Patricia Ryan and Ann Ryan, read the indictment and Kelly answered "guilty" to both counts. A governor's report was ordered for Kelly. He was remanded in custody until 8 July, when sentencing will occur. Luke Wilson, aged 23, had earlier been sentenced to 11 years for unlawful possession of a Beretta and a six‑year concurrent term for the same conspiracy. Alan Wilson (39) and Liam Brannigan (37) face charges of conspiring to murder Hanley, with a trial set for 7 October.

2019-05-17 · Cork

"Sorry for being a bollocks": rapist's text to victim

Eamon Roche, 28, of Ballymorrough, was sentenced to six years in prison for raping his ex‑girlfriend after a high‑speed chase with Gardaí. Roche texted the victim hours after the rape, saying, "Sorry for being a bollocks." He denied the rape charge in a rural Cork court on 21 March 2015. The victim, who was in Roche's car, described a chase where Roche drove at "crazy, ridiculous" speeds, refusing to stop for a patrol. She was forced to climb onto a lay‑by, where Roche climbed on top of her and raped her. The case had gone to trial three times; a jury found him guilty. The judge set a headline sentence of seven years, reduced to six because of mitigating letters, and imposed no suspended portion. Roche was ordered never to contact the complainant and to remain under probation supervision for two years upon release.

2019-05-16 · Clare

Monet basher appeals conviction over stolen painting

Andrew Shannon, 54, was convicted on 31 January 2014 for handling a stolen Frederick Goodall oil painting, valued at about €5,000, found in his Dublin home. The painting, a 1892 desert scene, had been stolen from Bantry House, Cork, in March 2006. A two‑day trial in the Dublin Circuit Criminal Court led to a two‑year sentence imposed by Judge Patricia Ryan in November 2014. Shannon appealed today, arguing that evidence obtained during his 2006 arrest for suspected theft of John Speed maps from Tinakilly House was improperly used to convict him of handling the Goodall painting. His barrister, Marc Thompson BL, contended that Gardaí should have formally questioned him about Bantry House as a suspect, not while interrogating him on unrelated matters, and that the 2006 information was "fishing" for evidence. The Court of Appeal, presided over by Justice George Birmingham, will reserve judgment.

2019-05-14 · Cork

"Quiet and shy" man jailed for child porn after DPP appeal

Greg Lordan, 29, of Parish Field, Clonakilty, pleaded guilty in Cork Circuit Criminal Court to possessing 1,027 images of child pornography on 16 February 2017. He had an old mobile phone containing 638 images of child nudity, 386 images of sexual activity involving children and adults, and three images of a child with an animal. The original judge, Seán O'Donnabháin, imposed a wholly suspended three‑year sentence on 9 November 2018, which the Court of Appeal found unduly lenient. On appeal, Patrick McCarthy re‑sentenced Lordan to three years imprisonment, suspending the final two years. He must enter a good‑behaviour bond for the suspended period and was taken into custody immediately. Lordan had no prior convictions, had cooperated with Gardaí, and had undergone therapy, but the Court emphasised the need for deterrence in sentencing.

2019-05-10 · Dublin

Man to be sentenced for selling stolen car online

Noel Ryan, 42, of Charleville Mall, Dublin, pleaded guilty to handling a stolen Toyota Land Cruiser and deception on 27 June 2016 and to unauthorized taking of a Ford Fiesta on 24 March 2017. He sold the stolen Land Cruiser on DoneDeal, arranging a meeting at Woodie's car park in Lucan where the buyer paid €11,600 after noticing marks on the car. The victim later learned the log book was false and that the vehicle had been stolen from Drogheda. Ryan also advertised the Fiesta on DoneDeal, met the buyer at Northside Shopping Centre, and stole the car after a test drive, taking the driver's licence and superimposing his own photo on it. He had 16 prior convictions, including aggravated burglary and robbery, and was on bail at the time of the offences. The case is pending sentencing at Dublin Circuit Criminal Court, with a probation report to be prepared before the hearing on 21 June.

2019-05-09 · Dublin

Men appeal convictions for violent rural burglaries

Three men—Patrick Roche (54), his son Philip Roche (25), and son‑in‑law Alan Freeman (38)—have lodged appeals against convictions for violent burglaries committed in rural County Limerick seven years ago. The convictions, obtained at the Limerick Circuit Criminal Court, stem from two separate incidents. In May 2012, the Roches broke into the isolated home of elderly siblings Willie, Nora, and Chrissie Creed near Pallasgreen, tied them up, assaulted them, and stole €5,000. Six weeks earlier, the trio had broken into the Garvey family home, tied up Mr and Mrs Garvey and their four children, threatened Mr Garvey with a gun, and fled with cash. Patrick Roche received a 17‑year sentence, Philip 15 years, and Freeman 14 years, each with a three‑year suspended portion. The appeals cite alleged errors in jury instructions, the legality of the arrests and detentions, and the admissibility of evidence. The case will be heard tomorrow by the Court of Appeal.

2019-05-03 · Offaly

Extradition ordered of man who spent 31 years in jail for murder committed as child

A High Court judge ordered the extradition of Roy Norman Kenyon, who fled to Ireland after serving 31 years for a 1971 murder committed when he was 16. Kenyon, now 64, had lived in Ireland under the alias Alan McPherson for 15 years before being arrested in Eyeries, Co. Cork, on 2 May 2018. Justice Aileen Donnelly rejected Kenyon's objections and ordered his surrender to UK authorities within 25 days. The court noted that Kenyon had been released on parole in the 1980s and would now serve an indeterminate sentence if returned. Counsel for Kenyon argued he posed no risk to society, citing his long period of liberty and lack of evidence of danger. The judge emphasized that his continued detention in the UK was due to parole hearings assessing public risk, and that extradition complied with his rights under the European Convention on Human Rights.

2019-04-29 · Cork

Businessman who burnt down own premises to be jailed after DPP appeal

David Healy, 48, of Passage West, Cork, was found guilty of arson after he set fire to his own commercial premises, Munster Air Compressors, on 16 December 2014, causing damage over €200,000. He pleaded not guilty to the arson but later pleaded guilty to a second charge of attempted deception on 8 January 2015. On 15 May 2018, Judge Gerard O'Brien sentenced him to a 10‑year suspended term and a €33,000 fine. The Director of Public Prosecutions appealed, and the Court of Appeal, led by Mr Justice George Birmingham, ruled the original sentence was "unduly lenient." Healy was re‑sentenced to seven years' imprisonment, with the final five years suspended for the arson, credit for ten weeks already spent in custody, and a wholly suspended three‑year sentence for the attempted deception. He will begin serving a net jail term of two years on 13 May.

2019-04-12 · Cork

Pair jailed over "execution" of "The Beast" on busy city street

Two men, Colin Casey (32) and Daniel Hegarty (24), were jailed for assisting the murder of Aidan "The Beast" O'Driscoll, who was shot on Cork's Old Commons Road in December 2016. Casey was sentenced to four years and six months, Hegarty to four years, both sentences running concurrently. They pleaded guilty to four counts each of impeding the apprehension or prosecution of O'Driscoll's killers. Casey supplied the alleged gunmen with vehicles and acted as a support driver; Hegarty transported and concealed a bag linked to the killers and set fire to a motorbike and a red Opel Astra. A third man, Eoin Morrissey (19), pleaded guilty to two counts of impeding the apprehension or prosecution of the killers and was given a suspended sentence of two years, with a probation report to be finalised in October. The Special Criminal Court, presided over by Justice Tony Hunt, found the defendants' assistance to be substantial and proximate to the murder.

2019-04-11 · Dublin

Mass thief who left labelled bike at scene avoids jail

A 40‑year‑old Dublin man, Justin Murray, was given a suspended 12‑month prison sentence for stealing €500 in mass donations from the sacristy of the Church of Our Lady of Victories in Ballymun. The theft occurred on 6 November 2016 when a parishioner witnessed him taking money and he fled. Gardaí identified him via CCTV and found his bicycle, marked with his name, abandoned on the church grounds. Murray had previously pleaded guilty to the offence and had 77 convictions, including ten thefts and 20 burglaries. He is already serving a separate prison term for another offence, due for release in July 2019, and the new suspended sentence will run consecutively. Judge Elma Sheahan, noting his efforts to recover from drug addiction and his current drug‑free status, imposed the suspension on the condition that he continue treatment and keep the peace.

2019-04-09 · Dublin

"Trusted" gang member caught with loaded gun in inner city

Paul Beatty, 32, was arrested in Dublin's north inner city with a loaded .38 special calibre Smith & Wesson revolver wrapped in a plastic bag. He had previously admitted unlawful possession of a firearm in 2018 and had a seven‑year sentence from 2010 for the same offence. Beatty was under surveillance after Garda confidential information indicated firearm activity. On 2 June 2018, while cycling along the Royal Canal, he was observed by Garda Damien Broughan, who pursued him. Beatty fled, threw the bag onto a footpath, and was tackled by the detective. The bag contained the revolver and five rounds of ammunition. Ballistics confirmed the gun was in good condition but its serial number was obliterated. Beatty denied the offence during interviews. He has 71 prior convictions, including endangerment, drug possession and dangerous driving. The court noted he was an "important and trusted member" of an organised crime gang. Paul Beatty pleaded guilty.

2019-04-08 · Offaly

Man who spent 31 years in jail for murder committed as a child no longer "a risk to society", court told

In a High Court hearing, the barrister for Roy Norman Kenyon argued that the 64‑year‑old, who served 31 years in prison for a 1971 murder committed as a child, no longer poses a risk to society and should not be extradited to the UK. Kenyon, who escaped to Ireland in 2003 and lived under the alias Alan McPherson for 15 years, is now facing potential return to the UK to continue his life sentence. The court heard that Kenyon had been drinking at a public house on the night of the crime, then attacked Margaret Potts with a poker. He was arrested in Eyeries, Co Cork, in May 2018. The barrister contended that Kenyon's behaviour in custody shows no unacceptable risk, and that the UK has not committed to reviewing his case before 2021. Justice Aileen Donnelly will decide on May 21, after remanding Kenyon in custody.

2019-04-04 · Dublin

Grandad burglar has previous convictions spanning 40 years

A 57‑year‑old Dublin grandfather, Joseph Tyrell, will be sentenced for two burglaries and an attempted bookies robbery. He cut himself while smashing windows at the burglarised properties and left blood at the scenes. DNA from the blood linked him to the crimes, and CCTV footage identified him during the attempted robbery, where he threatened to shoot two cashiers. Tyrell pleaded guilty to burglary at Sundrive Road, Crumlin, on 23 March 2016, and at Blarney Park, Kimmage, between 17 and 19 August 2016, and to attempted robbery at BoyleSports, Greenhills Road, on 7 April 2016. He has 85 previous convictions over 40 years, including robbery, aggravated burglary and drug offences, and is currently serving a five‑year sentence for another burglary. The court heard that the burglaries were opportunistic, lacked sophistication, and were carried out by a drug‑addicted offender who had struggled with addiction since his teens. The victims suffered financial loss, property damage, and emotional distress.

2019-04-03 · Dublin

Man who helped murderers is caught with mobile in prison for 8th time

Nathan Foley, aged 20, was jailed for a year after a prison officer found a mobile phone in his cell, the eighth time in two years. He was due to appear before the Special Criminal Court on charges of facilitating the murder of David Douglas in July 2016. Foley declined an interview with Gardaí but said through his legal team that he had the phone to call his family before sentencing. He had previously pleaded guilty to having a mobile while a prisoner, with 34 convictions including drug offences and seven phone‑related offences. In January 2019 he was jailed for six years for participating in or contributing to the murder of Mr Douglas. Judge Melanie Greally ordered the 12‑month term to run consecutively with the six‑year sentence, citing his history of drug addiction and repeated phone offences. The judge noted that prior sentences had not deterred him.

2019-03-28 · Offaly

Murderer "made conscious decision to become fugitive", extradition hearing told

In a High Court hearing on 28 March 2019, the extradition of 64‑year‑old Roy Norman Kenyon was discussed. Kenyon, convicted of murdering Margaret Potts in 1971, had been serving a life sentence in the UK when he absconded to Ireland in 2003. He lived under the alias Alan McPherson in Tullamore for 15 years before being arrested in Eyeries, Co. Cork, on 2 May 2018. The court heard that Kenyon was in the process of having his sentence reviewed when he fled. His barrister, Sean Guerin SC, noted that Kenyon had been deemed suitable for release in 1985 after completing the punitive portion of his sentence, but he absconded again, losing five years of potential release each time. Kenyon has not committed any further offences since the murder. The hearing will continue next month.

2019-03-28 · Cork

Man found floating next to 65 bales of cocaine was "bungling stevedore", lawyers say

The Court of Appeal heard an appeal by Englishman Martin Wanden regarding his 30-year sentence for his role in a €440 million cocaine haul that went awry at Dunlough Bay, West Cork, on July 2, 2007. Wanden, who pleaded not guilty, was found guilty by a jury at Cork Circuit Criminal Court and sentenced by Judge Seán Ó Donnabháin on July 23, 2008. His counsel argued he was a "bungling stevedore" rather than a "lieutenant," requesting a reduced sentence to facilitate rehabilitation. The DPP countered that Wanden was a fully committed member of the gang, noting he traveled from South Africa with the RIB and held multiple passports. The court also heard that co-accused Perry Wharrie's sentence remained at 17-and-a-half years after the Supreme Court overturned a previous reduction, while Joe Daly received 25 years. A fourth man, Gerard Hagan, pleaded guilty to possession of cocaine for sale or supply and was sentenced to 10 years. The panel, comprising Mr Justice John Edwards, Ms Justice Marie Baker, and Ms Justice Isobel Kennedy, reserved its judgment on Wanden's appeal.

2019-03-27 · Cork

Environmental NGO wants legal aid for 'Project Ireland' action

In March 2019 the Friends of the Irish Environment CLG, an environmental NGO, filed a High Court challenge in 2018 against the Government's 'Project Ireland 2040' National Development Plan and National Planning Framework. The NGO, represented by John Kenny BL and solicitor Fred Logue, argued that the State had failed to properly assess climate‑change impacts. To fund its complex EU environmental law case the NGO applied for legal aid from the Legal Aid Board, but the Board refused, citing that the NGO is not a natural person and is acting on behalf of others. The NGO contends the refusal is unlawful, claiming it is not acting for third parties and that the decision creates an inequality of arms. It seeks an order quashing the Board's refusal, declarations that the Board erred in law, and that the refusal breaches the Irish Constitution, the EU Charter of Fundamental Rights and the Aarhus Convention.

2019-03-27 · Tipperary

Forensic anthropologist "doubtful" that Ryan fracture caused by falling concrete

A forensic anthropologist giving evidence at the Central Criminal Court has expressed doubt that a fractured femur found on the remains of Bobby Ryan could have resulted from concrete debris falling during the body's removal from a tank. Dr Rene Gapert, examining bones retrieved from an underground run-off tank on a farm at Fawnagown, County Tipperary, identified human and animal remains among the fragments. He told the court the femur, being the body's strongest bone, was unlikely to have sustained such an injury from the falling concrete when gardaí used a digger to remove a slab covering the tank. Mr Ryan's body was discovered in April 2013, approximately 22 months after he went missing in June 2011. Patrick Quirke, aged 50, of Breanshamore, County Tipperary, has pleaded not guilty to his murder. The trial, before Justice Eileen Creedon and a jury, continues.

2019-03-25 · Clare

Mother of man killed in knife row previously lost daughter in crash

In a Central Criminal Court hearing, Bridget Haugh, mother of Karl Haugh, delivered a victim impact statement after her son was stabbed in the back by Robbie Walsh. Haugh, who had previously lost her daughter Stacey in a car crash, described the emotional toll of losing her children and the memory of her son's life. The court had earlier found Walsh, 23, not guilty of murder but guilty of manslaughter of Karl Haugh, 25, on a unanimous verdict. Deputy State Pathologist Dr Michael Curtis testified that Haugh died from a single stab wound puncturing his lung. The hearing also covered Walsh's prior convictions, his remorse, and the judge's decision to remand him in custody until sentencing on April 8. The judge expressed sympathy for the Haugh family and noted the profound loss they endured. Robbie Walsh was acquitted.

2019-03-22 · Dublin

Former army officer refused more time to appeal 11-year rape sentence

A former army officer, Timothy O'Sullivan, 67, was denied an extension of time to appeal his 11‑year sentence for raping two teenage boys between 1991 and 1996. The Central Criminal Court found that O'Sullivan, then in his forties, abused the boys, aged 13 to 16, threatening to shoot or bury them. He was sentenced to five years and six years consecutively. The judge praised the victims' bravery and noted their "courageous" statements. O'Sullivan's lawyers highlighted his military service and remorse. He lodged an appeal 13 weeks late, but the Court of Appeal, led by Mr Justice George Birmingham, refused the application, citing the lack of prospect for success and the need for finality in sexual offence cases. The decision was upheld by the panel of judges. Timothy O'Sullivan pleaded guilty.

2019-03-22 · Dublin

Serial art offender Shannon has second thoughts about representing himself

Andrew Shannon, 54, was convicted on 31 January 2014 of handling a stolen Frederick Goodall oil painting, a 1892 desert scene taken from Bantry House in Cork in March 2006. Gardaí discovered the painting, valued at about €5,000, during a 2014 search of his home on unrelated grounds. A jury found him guilty after a two‑day trial, and Judge Patricia Ryan sentenced him to two years' imprisonment in November 2014. He was due to appeal the conviction today but had dismissed his solicitor and intended to represent himself. Judge George Birmingham warned him that the Court of Appeal, a three‑judge panel, was unconvinced he could do justice alone and urged him to secure counsel. The case was scheduled for hearing on 16 May. Shannon has 51 prior convictions, including theft, burglary and handling stolen property, and was previously jailed for damaging a Monet painting at the National Gallery of Ireland in 2012.

2019-03-13 · Cork

Army Colonel's action over report into alleged corruption is resolved

A High Court judicial review brought by Defence Forces Head of Legal Services Colonel Jerry Lane against the Minister for Defence, Ireland, and the Attorney General has been resolved. The case, heard before Mr Justice Michael Twomey, concerned the State's refusal to provide Col Lane with an independent report into his allegations of corruption and misconduct within the military. Col Lane, from Bandon, Co Cork, alleged that preferential treatment was afforded to another officer and that he faced penalties, including threats of dismissal, after making a protected disclosure to Seanad Éireann in 2011. In 2016, the Minister appointed Colm Smyth SC to conduct an independent review, but the Department of Defence decided not to rely on or publish the resulting report, instead commissioning a fresh review by Frank Callanan SC. Col Lane sought an order quashing the refusal to provide the Smyth report, arguing it breached his constitutional rights and fair procedures, and claimed damages. The State parties, represented by Margaret Nerney SC and Ronan Kennedy BL, denied any wrongdoing and argued Col Lane was not entitled to the reliefs sought. Following discussions, Col Lane's counsel, Roughan Banim SC, informed the court that the case had been settled. Col Lane is no longer seeking the independent report, and the proceedings were withdrawn, with the case potentially struck out.

2019-03-11 · Cork

"The Beast" executed as part of row between Real and New IRA

Aidan "The Beast" O'Driscoll, a senior Real IRA member, was shot four times on Old Commons Road, Blackpool, Cork, on 7 December 2016. The Special Criminal Court heard that the killing was part of an internal dispute between the Real IRA and the New IRA. Colin Casey (32) and Daniel Hegarty (24) pleaded guilty to four counts of impeding the apprehension or prosecution of O'Driscoll's killers, while Eoin Morrissey (19) pleaded guilty to two such counts. Casey collected the alleged gunmen from Redemption Road, drove them in a white Vauxhall Astra van that he later burned, and was involved in the disposal of the Nissan Almera used by the killers. Hegarty buried a bag used by the killers and set fire to a Honda motorbike and a red Opel Astra. Morrissey supplied a firelighter and followed Hegarty to the site where the Opel Astra was burned.

2019-03-08 · Wexford

Businesswoman released from prison after purging her contempt

Wendy Whitty, a businesswoman, was released from custody after apologising to the High Court and agreeing not to interfere with the receivership of eight properties owned by her and her husband, Scott Dyer, in County Wexford and County Cork. Whitty had previously been jailed for contempt of court after refusing to comply with orders to stop interfering with or collecting rent from the properties. She had given undertakings to the judge but later sent a letter challenging the court's jurisdiction and claiming the undertakings were made under duress, which the judge deemed a further contempt. After legal advice, Whitty apologized, promised cooperation with the receiver, and agreed to inform tenants that rent should be paid to the receiver. The judge accepted her undertaking and released her, warning that any further interference would have serious consequences. The receiver's actions against the couple will return to court next week.

2019-03-07 · Wexford

Businesswoman imprisoned for contempt of court

A High Court judge remanded businesswoman Wendy Whitty overnight after she failed to comply with an order not to interfere with the receivership of several investment properties owned by her and her husband, Mr Scot Dyer, in County Wexford and Cork. The judge had previously ordered Whitty to seek legal advice to understand the seriousness of the situation. Whitty had given an undertaking not to interfere, but the judge found she had not complied, citing ongoing interference, especially with tenants in Wexford. Whitty, who was not represented by counsel, had sent a letter to the court claiming the undertaking was made under duress and that "duress voids all contracts." The judge remanded her to Mountjoy Prison for the night, with a review scheduled for Friday morning. Whitty denied breaching the court's orders and said she had not approached the properties since giving the undertaking.

2019-03-07 · Ireland

Dangerous driving causing death acquittal overturned

In 2019, a motorist was acquitted of dangerous driving causing the death of an oncoming driver after a trial judge found insufficient evidence. The case involved the accused's car crossing 1.7 metres into the opposing lane on the N20, colliding with a deceased driver. The accused had not been drinking, speeding, or using his phone for more than half an hour before the incident, and no medical, vehicle, environmental, or loss‑of‑control factors were found. The trial judge directed an acquittal, and no alternative charge such as careless driving was considered. The Director of Public Prosecutions appealed the acquittal on a point of law under Section 23 of the Criminal Procedure Act 2010. The Court of Appeal quashed the acquittal, stating the judge had performed a personal analysis and that the jury should have assessed whether the 1.7‑metre drift constituted a dangerous act. The Court ordered a retrial.

2019-03-06 · Wexford

Businesswoman jailed for contempt of court

The High Court jailed businesswoman Wendy Whitty for contempt after she refused to comply with an injunction that barred her and her husband Scott Dyer from interfering with the receivership of several properties in Wexford and Cork. Whitty had previously undertaken not to impede the bank‑appointed receivers from collecting rents, not to present herself as the rent‑collector, not to communicate with tenants or enter the properties. She later rescinded these undertakings, claiming duress and intimidation, and the court found her to have clearly resiled from them. The judge committed her to Mountjoy prison until she purges her contempt. Dyer was unable to attend court due to illness, and the judge ordered a detailed medical report. The case was adjourned to the following week.

2019-03-05 · Cork

Sentence cut for "main man" behind drug deal

Farid Fawzi, 31, pleaded guilty to possessing almost €100,000 worth of cocaine and cannabis for sale or supply at his Cooneybeg address on 15 September 2016. The Cork Circuit Criminal Court found he was not present at the address when it was raided, but a mobile phone linked to him was discovered, leading Gardaí to him. Judge Seán Ó Donnabháin described Fawzi as the "main man" in the movement and distribution of a significant amount of drugs, giving directions to at least two others. He was not addicted to drugs but entered dealing for profit, attracted by a lucrative lifestyle and easy money. The initial sentence was 10 years with the final two years suspended. The Court of Appeal reduced this to seven years with the final six months suspended, requiring a good‑behaviour bond for the suspended period and compliance with probation service directions.

2019-03-04 · Tipperary

Robber who claimed sentence "sought to make example" of him loses appeal

Wayne O'Dwyer, aged 30, pleaded guilty to robbery at the Eurogiant store in Carrick‑on‑Suir on 31 March 2016. He threatened a female shop assistant, demanding €250 and the till, and was sentenced to seven years' imprisonment with the final three years suspended by Judge Thomas Teehan on 15 December 2017. O'Dwyer's lawyers argued the judge sought to make an example of him because of the perceived rise in violent crime in the town. The Court of Appeal, led by Justice John Edwards, rejected this claim, stating the judge was entitled to consider general deterrence as a sentencing objective and that the sentence was not disproportionate. The appeal was dismissed, confirming the seven‑year headline sentence with a three‑year suspended portion and the effective custody term as imposed.

2019-02-28 · Ireland

Motorist has acquittal on causing death charge overturned

In a case heard by the Court of Appeal on 28 February 2019, a motorist who had previously been acquitted of dangerous driving causing the death of an oncoming driver had that acquittal overturned. The man, whose identity is not disclosed, was charged five years earlier in Munster with dangerous driving causing death. The appeal centred on the fact that his vehicle crossed 1.7 metres into the opposing lane before colliding with the deceased's car on a straight stretch of the N20. The trial judge had directed the jury to acquit due to insufficient evidence, and no alternative charge such as careless driving was considered. The Director of Public Prosecutions appealed on a point of law under Section 23 of the Criminal Procedure Act 2010, arguing that the jury should have assessed whether the 1.7‑metre drift constituted a dangerous act.

2019-02-28 · Dublin

Chronic addict lifted over €10k in goods from city shops

Eddie McEvoy, 34, was sentenced to two years in prison for a series of thefts in Dublin's city centre that totalled over €10,000 in goods, including perfume, cosmetics, alcohol and scratch cards. He pleaded guilty to eight thefts and one trespass with intent between 13 October 2017 and 26 January 2018. McEvoy's counsel described the offences as opportunistic and driven by a chronic addiction to crack cocaine, heroin, tablets and benzos, noting he was now drug‑free except for methadone. Judge Melanie Greally imposed a three‑year sentence with the final 12 months suspended, citing the accumulation of 204 prior convictions, up from 145 a year earlier. The court heard that McEvoy had lost a lung in 2016 due to an overdose and that he had been captured on CCTV during several of the thefts, including a €6,000 haul of scratch cards from a Londis staff room.

2019-02-26 · Cork

State drops sex assault charges against GP

The State has dropped the sexual assault charges against Cork GP Kevin Mulcahy, 61, after a jury failed to reach a verdict in a trial earlier this month. Mulcahy had pleaded not guilty at Dublin Circuit Criminal Court to two counts of sexual assault – one alleged in his Mallow surgery in February 1995 and a second between 8 May and 31 December 1996. Prosecutor Maddie Grant BL informed Judge Melanie Greally that the State would not pursue a third trial and requested a nolle prosequi. The judge granted the request, discharging Mulcahy from the indictment.

2019-02-25 · Kildare

Trial date set for man accused of murdering infant son

A 46‑year‑old man, Yusuf Ali Abdi of Charleville Road, Phibsboro, Dublin 7, has been charged with murdering his 20‑month‑old son, Nathan Baraka Andrew Ali, who was killed at The Elms, College Road, Clane, Co Kildare on 17 April 2001. Mr Justice Michael White set the trial for 27 May 2019, with the case expected to last one week.

2019-02-19 · Offaly

UK man who murdered elderly woman 47 years ago faces return to custody

In 2019, a court heard that Roy Norman Kenyon, aged 64, who had been living in Ireland under the alias Alan McPherson for 15 years, was facing a return to the United Kingdom to continue serving a life sentence for the 1972 murder of Margaret Potts. Kenyon had escaped from HMP Leyhill in 2003 after 31 years of imprisonment, failing to return from a home leave on 29 May 2003. He was arrested in Eyeries, Co Cork, on 2 May 2018. The court was informed that Kenyon had killed Potts on 15 December 1972 after an argument, striking her twice in the head with a poker while she sat in an armchair. Mr Ronan Kennedy, representing the Minister for Justice & Equality, presented evidence of Kenyon's escape and the European Arrest Warrant issued for his return.

2019-02-13 · Clare

Jury clears man of murder but finds him guilty of manslaughter over stabbing

A Clare man, Robbie Walsh, 23, was acquitted of murder but found guilty of manslaughter after stabbing Karl "Gobbo" Haugh, 25, at Marian Estate, Kilkee, on 6 August 2017. The jury, after more than three hours, returned a unanimous verdict of not guilty of murder and guilty of manslaughter. Judge Carmel Stewart explained that a guilty verdict requires proof beyond reasonable doubt that the accused intended to kill or cause serious harm, and that if the intention was primarily self‑defence, the killing would be manslaughter. Walsh admitted to stabbing Haugh in the back, claiming he had no intention to kill and that he had only wanted to smash a few windows. He was remanded in custody pending sentencing. The trial included testimony from Walsh's Garda interviews, witness accounts of the fight, and medical evidence that Haugh died from a single stab wound puncturing his lung and causing massive bleeding.

2019-02-12 · Cork

Jury fail to reach verdict in doctor's sexual assault trial

A jury could not reach a verdict in the trial of Dr Kevin Mulcahy, 61, of Creggane, Lombardstown, Mallow, Co Cork, who was accused of sexually assaulting a teenage patient in his surgery in Mallow in February 1995 and again in 1996. Mulcahy pleaded not guilty to both counts. The complainant's brother had taken her to the doctor in early 1995, where the doctor allegedly touched her breasts and the incident "didn't feel right". In the summer of 1996 the complainant returned to the doctor, who allegedly exposed his penis and placed her hand on it. The jury deliberated for over five hours but failed to reach a verdict. Judge Pauline Codd thanked the jurors for their care and attention and adjourned the case for mention on 26 February.

2019-02-12 · Dublin

Women "traumatised" after addict broke into basement flat

A former construction worker, Noel Ryan, 42, was jailed for breaking into a basement flat on North Strand Road on 7 March 2018. Ryan, who had relapsed into heroin addiction after losing his job, told the court he believed the basement was an unoccupied office and hoped to find a cash box. The flat belonged to a dentist who ran a clinic on the ground floor, and Garda Jun Han confirmed there was no indication the basement was residential. Three college students were left traumatised; two hid in the back garden and one in her bedroom. When Ryan entered, he was caught by Garda Han and arrested. Ryan pleaded guilty to burglary. Judge Melanie Greally suspended the last 18 months of a five‑year sentence on the condition he engages with addiction services in prison. The case was heard in Dublin Circuit Criminal Court.

2019-02-11 · Cork

Jury deliberating in trial of doctor accused of sex assault on teen patient

The jury has begun deliberations in the trial of Dr Kevin Mulcahy, 61, of Creggane, Lombardstown, Mallow, Co Cork, who has pleaded not guilty to two counts of sexual assault. The first alleged assault occurred in February 1995 when the complainant's brother brought her to Mulcahy's surgery; the complainant says Mulcahy touched her breasts and it "didn't feel right." The second alleged assault took place between 8 May 1996 and 31 December 1996, when the complainant says Mulcahy exposed his penis and placed her hand on it. Judge Pauline Codd sent the jury home at 4 pm to resume deliberations the next day. In closing speeches, the prosecution's counsel, Maddie Grant BL, urged jurors to assess the complainant's truthfulness and reliability, noting her bipolar disorder and that she has never relented from her allegations since 2005.

2019-02-08 · Cork

Complainant had "delusional psychotic disorder", doctor's sex assault trial hears

The trial of Dr Kevin Mulcahy, 61, at Dublin Circuit Criminal Court involves his plea of not guilty to two counts of sexual assault against a teenage patient in Mallow, Co Cork, in 1995 and 1996. On the third day of the hearing, Dr Bobby Burns, an adult psychiatrist at St Stephen's Hospital, testified that he first met the complainant in August 2005 when she was transferred from the UK with acute delusional psychotic disorder. Burns said the woman later alleged assault by Mulcahy and that he advised her to discuss the allegations with another team member. Burns continued to treat her, diagnosing bipolar disorder and noting that her condition is now managed with medication. Burns stated that her illness did not influence her allegations, and under cross‑examination, the defendant acknowledged that the complainant once had delusions of being the mother of the baby Jesus, which disappeared when she became well.

2019-02-08 · Cork

Abuser who apologised in court to victims loses sentence appeal

Gerard O'Grady, aged 54, pleaded guilty to sexually abusing two boys while babysitting them in the mid‑1980s. The victims, aged about 10 at the time, reported the abuse in 2016. O'Grady was sentenced on 6 March 2018 to six years' imprisonment, with the final two years suspended. The Court of Appeal upheld the sentence. In the appeal hearing, Mr Justice George Birmingham noted the offences occurred when O'Grady was 16‑18 and that the victims were six and eight years younger. He described the single offence involving one boy as the most serious form of sexual assault, likely to be tried in the Central Criminal Court today. O'Grady entered the witness box to apologise, claiming he did not understand his actions then and only gained insight after having his first child. The appeal was dismissed.

2019-02-05 · Limerick

Stabbing victim told family he would be OK before deteriorating, murder trial hears

During the murder trial of Robbie Walsh, a 23‑year‑old, the court heard that Karl Haugh, 25, had been admitted to Limerick University Hospital with a chest stab wound and was initially stable, sitting up and reassuring his family that he would be fine. An "unexpected chain of events" led to his condition deteriorating; he became unstable, required surgery, and was pronounced dead at 5.20 am after about an hour of resuscitation. The surgeon explained that Haugh had a leak of air into his left chest cavity and was in shock; a blood clot may have formed, causing a sudden bleed that could not be controlled. Witnesses described a brief fight at the Walsh estate, during which Haugh was stabbed, and the accused's cousins were present. The trial continues before Justice Carmel Stewart and a jury. Robbie Walsh pleaded not guilty. Karl Haugh pleaded not guilty.

2019-02-04 · Cork

Doctor goes on trial accused of sexually assaulting teen patient

In February 2019, Dr. Kevin Mulcahy, 61, stood trial in Dublin Circuit Criminal Court for alleged sexual assault of a teenage patient in Mallow, County Cork, in 1995. He pleaded not guilty to the first charge and denied a second charge of assault between May and December 1996. The complainant, now 41, testified that she was 17 when she visited Dr. Mulcahy after a family death. She described being asked to undress, feeling uncomfortable as the doctor examined her breasts and pressed on them. She claimed he later sat with his legs apart, rocked her, and attempted to kiss her, saying he was "what a loving dad does to a child." The final alleged assault occurred in summer 1996 when the doctor exposed himself and touched her hand, offering to "teach" her. The case was heard by Judge Pauline Codd with a jury of twelve. The trial was scheduled to last a week.

2019-02-01 · Limerick

Military-style burglar was well advised to drop appeal, judge says

In a 2017 Limerick Circuit Criminal Court hearing, Lithuanian national Aurimas Petraska, of Church Street, Rathkeale, was sentenced to seven years' imprisonment for a series of 2016 burglaries that stole €150,000 worth of women's clothing and Chanel beauty products across Tipperary, Cork and Limerick. Judge Tom O'Donnell described the gang as "professional" and the raids as "premeditated and planned down to the last detail and executed with military precision". The final 18 months of the sentence were suspended. Petraska had planned to appeal the severity of the sentence, but his barrister John Moher BL informed the Court of Appeal that he wished to withdraw the appeal. Judge George Birmingham, President of the Court of Appeal, noted that Petraska had received "extraordinarily well" in the Circuit Court and that proceeding with the appeal risked an increased sentence. The Court of Appeal allowed the withdrawal, following a landmark 2018 sentencing guideline for burglary offences. Aurimas Petraska pleaded guilty.

2019-01-25 · Cork

"Gillie" jailed for helping criminals murder David Douglas

Nathan Foley, a 20‑year‑old "gillie" who assisted a criminal organiser in the 2016 murder of David Douglas, was sentenced to six years' imprisonment by the Special Criminal Court. Foley admitted in November 2017 that he had helped facilitate the murder, an offence under Section 72 of the Criminal Justice Act 2006, which carries a maximum penalty of fifteen years. He was found to have driven a Mitsubishi Mirage used in the killing, had scouted the area, placed a petrol can in the getaway car, and supplied phones later discovered in that vehicle. The court noted Foley was not involved in planning but acted as a runner for the main organiser, who had already been dealt with by the court. Mitigating factors included his young age, limited cognitive ability, and guilty plea, leading to a six‑year sentence back‑dated to December 2017.

2019-01-25 · Cork

Stable owner gets seven year sentence for raping teen

Ger Hehir, 58, of Drumcavan, Ruan, Co. Clare, was convicted after a seven‑day retrial in November of four sexual assaults and one rape of a teenage girl between 2010 and 2013. The offences occurred at his home and at horse events across the country. Hehir pleaded not guilty at the Central Criminal Court. Mr Justice Robert Eagar sentenced him to seven years' imprisonment for the rape, suspending the final 18 months on condition of participation in a sexual offender programme and good behaviour for three years after release. He also received five years' imprisonment for each sexual assault, all concurrent and back‑dated to 21 November when Hehir entered custody. The court heard the victim was 16 at the time of the first assault and that she endured repeated sexual contact, including rape, over the period. Hehir had no prior convictions.

2019-01-22 · Cork

Cork GAA official gets injunction stopping termination of employment

Diarmuid O'Donovan, a senior administrator for the Cork GAA County Board, secured a temporary High Court injunction that stops the board from terminating his employment. O'Donovan, who has worked in the €55,000 a year role since 2013 to support the board while the Pairc Ui Chaoimh stadium was rebuilt, was told in a brief meeting last week that his position would be discontinued and he would be made redundant. He claims the decision is linked to the controversial cost overrun on the stadium project and that he has been marginalised and excluded from meetings. O'Donovan also says he was offered a redundancy payment of about €20,000 and that a WhatsApp message was sent to board members announcing the termination. The injunction was granted ex‑parte by Justice Leonie Reynolds and the case is set to return next week.

2019-01-21 · Cork

Court orders extradition of alleged high-speed death fugitive to US

The High Court ordered the extradition of 23‑year‑old Samuel Joseph Tucker, who was arrested in Mayfield, Cork in August 2018 after a US extradition request. Tucker is wanted in Florida for a 2017 high‑speed crash that killed 22‑year‑old Alyssa Kay Vice. The crash involved a 2017 Maserati Ghibli travelling up to 140 mph, with Tucker's blood alcohol level reported at 0.162 g/dL, double the Florida limit. US charges include two counts of driving under the influence with property damage (maximum one year each) and one count of DUI manslaughter (minimum four years, maximum fifteen). Irish counsel argued the lack of mens rea in the US offence made extradition inappropriate, but Justice McDermott rejected this, stating the offence corresponds to Irish manslaughter. Tucker also claimed threats to his life, but the judge found the evidence insufficient to refuse extradition. The formal order will be made at 4 pm.

2019-01-18 · Cork

Rapist to be released despite allegation he has not met conditions

In 2013 a 58‑year‑old man broke into his ex‑partner's home in Cork, armed with a hatchet, and raped her for five hours, threatening to kill her and cutting her hair with scissors. He initially denied the attack but later pleaded guilty. In October 2013 Mr Justice Garrett Sheehan sentenced him to ten years, suspending the last three on the condition of good behaviour for ten years and participation in the "Better Lives" sex‑offender treatment programme. The man has no prior convictions. The DPP applied to the Central Criminal Court to revoke the suspension, arguing he had not fully engaged in the programme. A senior probation officer reported that the offender denied many aspects of his conduct and had not progressed sufficiently in offence disclosure work. Mr Justice Paul McDermott noted the offender had cleared the first stage of the programme but struggled at the next level.