Businessman Denis O'Brien is seeking findings that would be 'entirely destructive of' and 'effectively undermine' parliamentary speech, the Supreme Court has heard. Maurice Collins SC, representing the State, stated that O'Brien's proceedings arise from statements made by TDs Pease Doherty and Catherine Murphy regarding his banking affairs, which could indirectly substitute the courts for the Dail as the arbiter of parliamentary speech. O'Brien's legal team rejected these claims. Collins argued that the proceedings concern how the Dail Committee on Procedure and Privilege (CPP) handled O'Brien's complaint about the TDs' statements in May-June 2015, which the CPP dismissed. O'Brien has challenged this decision in judicial review. Collins contended that the CPP, as an agent of the Oireachtas, is protected under Article 15 of the Irish Constitution, which allows free speech in the Oireachtas, and that its decisions are non-justiciable. He referenced the Supreme Court's 2014 judgment in favor of a Seanad committee. Michael Collins SC for the CPP stated that any court review of the committee's decisions would render its protections under Article 15 'wholly illusionary.' Eileen Barrington SC for O'Brien argued that the CPP failed to follow its own rules and that the courts should intervene to protect the rights of a non-member of the Oireachtas. O'Brien claims the TDs did not act in good faith when making their statements. In 2016, Ms Justice Una Ni Raifeartaigh dismissed O'Brien's action, citing separation of powers and the potential chilling effect on parliamentary speech. The appeal focuses on the CPP's finding that the TDs did not breach standing orders. Following submissions on Tuesday evening, the seven-judge Supreme Court reserved its decision, with Chief Justice Frank Clarke noting it may take time before a judgment is delivered.
In a case heard at the Dublin Circuit Criminal Court, 38‑year‑old Justin Murray was found guilty of stealing €500 from mass donations at the Church of Our Lady of Victories in Ballymun on 6 November 2016. He had cycled to the church, entered the premises, and taken money from the collection envelopes before being seen by a parishioner and fleeing on foot. Garda Ross Brierley identified him from CCTV footage and arrested him the following day at a shopping centre. Murray's bicycle, which had a sticker reading "Justin Murray," was later found on the church grounds. He has 77 prior convictions, including ten thefts and 20 burglaries. Judge Elma Sheahan adjourned his sentencing for one year, noting his drug‑free status and desire to rehabilitate, and ordered updated urine analysis and reports. The final sentence will be consecutive to his current term, with release not until July 2019.
Larry McCarthy, 37, of Limerick, is appealing a conviction for assaulting cyclist David Foran, 33, on 25 November 2014. The Special Criminal Court found McCarthy guilty of assault and threatening unlawful violence, sentencing him to six years' imprisonment on 31 July 2017. The case centred on Foran's claim that McCarthy struck him with a baseball bat and stabbed his leg with a knife after a confrontation at Cornmarket Villas. McCarthy's appeal focuses on the admission of Foran's initial Garda statement, which identified McCarthy, under section 16 of the Criminal Justice Act 2006. McCarthy's counsel argues the statement was unreliable and that Foran later withdrew the complaint. The Court of Appeal has reserved judgment on the appeal. Larry McCarthy pleaded not guilty.
In 2016, a 29‑year‑old intellectually disabled man from Cork was convicted by a Central Criminal Court jury of raping his seven‑year‑old nephew on three occasions between 2009 and 2011. He was sentenced to seven years' imprisonment, with the last six months suspended, and ordered to undergo seven years of post‑release supervision. The judge noted the defendant's high risk of re‑offending and his refusal to engage with probation services, while also acknowledging his significant intellectual difficulties but affirming his moral culpability. In April 2018, his lawyers appealed, arguing that the evidence was too inconsistent for a jury trial and that the case should have been directed to a verdict of acquittal. The Court of Appeal adjourned the appeal to review video recordings of the child's specialist interviews and the cross‑examination, as the defence contended that the child's memory had deteriorated over time, potentially undermining the conviction. The unnamed 29-year-old pleaded not guilty.
The High Court confirmed Michael McAteer as interim examiner for the Sammon Group and its related companies after the collapse of Carillion. The Irish contractors, which employ over 216 people and are involved in major school building projects across Ireland, were owed about €8 million by an entity linked to Carillion. An independent expert report indicated the companies could survive if a scheme of arrangement with creditors is implemented. McAteer has up to 100 days to prepare this scheme, which, if approved, would allow the group to continue trading as a going concern. The group had been hired by a special purpose vehicle that included Carillion to build several schools and an educational campus, contracts worth roughly €87 million. The collapse of Carillion halted payments, preventing the Sammon Group from paying suppliers and subcontractors, and the court heard the group believes a successful examinership will enable it to finish its contracts on time and return to profitability.
Patrick McAuliffe, 53, was found guilty of robbing an 83‑year‑old man in Cork on 12 November 2015, stealing €300 and later €2,300. He was sentenced to five years' imprisonment, with the final year suspended, by Judge David Riordan on 1 November 2016. McAuliffe, a chronic alcoholic and homeless at the time, had 261 prior convictions dating back to 1981, including theft, assault, drug offences and one robbery. The Court of Appeal dismissed his appeal on 16 April 2018, ruling that the net custodial term of four years was "almost lenient" given the victim's catastrophic loss of independence and McAuliffe's extensive criminal record. The appeal was rejected by the three‑judge panel, confirming the sentence as imposed.
A 70‑year‑old Cork pensioner, who cannot be named, has appealed the 12‑year jail sentence imposed for raping his step‑daughter from age 11 to 16 and impregnating her twice. He pleaded guilty to 18 counts of rape and sexual abuse between 1974 and 1979. The complainant, now 53, said the man entered the family home after her father's death, married her mother, and repeatedly forced sexual intercourse on her, often when her mother was absent. She reported that the defendant was an alcoholic who spent her mother's money and that the abuse caused her to become pregnant at 15, losing one child and putting another up for adoption. The Court of Appeal heard that the original 18‑year headline sentence was reduced to 14 years, with the final two suspended due to the man's age and medical issues. He had already served a four‑year sentence for indecent assault of the woman's siblings.
In a Waterford murder trial, the accused, 37‑year‑old Tadhg Butler, was found crouched behind a wall near his home shortly after a stabbing. The arresting officer, Detective Sergeant Shay Keevans, testified that he arrived at the Seafield holiday homes that night and found a man on the ground with a chest wound, pale and needing medical attention. After knocking on Butler's locked door, he and colleagues entered the house, finding no one inside but a pool of blood in the hall and an open window. Keevans later saw Butler crouched at the end of the wall and arrested him on suspicion of assault causing harm to Michael O'Dwyer. Butler pleaded not guilty. The trial continues before Mr Justice Paul Butler and a jury of twelve.
In the Charleton tribunal hearing, former Garda Commissioner Martin Callinan told solicitor Gerald Kean that Sergeant Maurice McCabe had not cooperated with an internal Garda inquiry into McCabe's complaints and had breached the Data Protection Act. Kean, who had spoken to Callinan by phone several times before a 2014 RTÉ appearance, said he believed the commissioner was beyond reproach. Callinan asked Kean not to disclose their conversations. After Kean's RTÉ interview, a producer informed him that McCabe had called to complain, prompting Kean to contact Callinan, who insisted the information was correct. McCabe later complained that Kean's comments had upset him. Kean wrote to Callinan about the complaint, but the letter was not disclosed to the tribunal until the discovery process. The tribunal noted that Kean's response to McCabe incorporated material from a draft prepared by Callinan. The hearing also covered Kean's interactions with other Garda officials and the handling of phone records.
Smael Heirouche, a 39‑year‑old Dutch national of Moroccan descent, was sentenced to five years' imprisonment in 2017 for threatening to kill two French flatmates in Cork on 14 November 2016. He had threatened to kill one of his flatmates while wearing "Muslim style clothing" and carrying a copy of the Koran, and had also threatened to cut the heads off people he called "Zionists". He had previously threatened to place an explosive device on a bus in the Netherlands and had been diagnosed with schizophrenia there. On appeal, the Court of Appeal reduced his sentence to three years, with the final two years suspended, on the condition that he cooperate with medical treatment and comply with all requirements of his advisers. He is currently detained under the Mental Health Act in a Cork facility. Smael Heirouche pleaded guilty.
Albert Redmond, 43, was sentenced to three years in prison for a series of thefts, including trespassing and stealing bank cards and cash. He admitted to entering a Dublin city centre office twice, taking a cheque worth almost €9,500, and depositing it into his own account before traveling to Blackpool. While on holiday, he claimed the money was stolen from him, which he said gave him some empathy for victims. Redmond also pleaded guilty to stealing €28 in cash at a Spar, €28 at a bank, and €9,479 at Permanent TSB, among other offences. He had 294 prior convictions, mainly for trespass, theft, and burglary. The judge, noting Redmond's lack of violence and his personal struggles, imposed a three‑year sentence, back‑dated to his June 2023 custody entry.
Havbell Designated Activity Company secured a High Court injunction requiring Maria Isabel Dias and her family to vacate a Dublin property pending the final outcome of the case. Ms Justice Caroline Costello found the fund entitled to possession, ruling that Ms Dias failed to establish an arguable case for occupancy rights binding the fund. Consequently, the judge determined Ms Dias was a trespasser and that the premises did not qualify as a family home under the Family Home Protection Act, 1976. The court noted Ms Dias had profited from using the building as a guesthouse via Airbnb. Ms Dias, represented by Vincent Martin SC, opposed the application, claiming a valid tenancy with former owner John Rooney, an equitable interest based on €50,000 to €80,000 in repairs, and an option to buy the property for €475,000. She also alleged delay and abuse of process by the fund. Havbell, represented by Anthony Thuillier Bl, argued it owns the property, acquired through a €2.3m loan to John Rooney, and that the occupants enjoyed it rent-free for three years. The judge stated there was no legal obligation for the fund to negotiate a sale with Ms Dias, who may sell the property on the open market with vacant possession. The injunction remains in place until the case concludes.
A 31‑year‑old man from Cork, David O'Loughlin, is set to stand trial on 30 April for the murder of 59‑year‑old Liam Manley, who was killed on 12 May 2013 at Garden City Apartments on North Main Street. The case is being heard by a Central Criminal Court judge and jury.
A 31‑year‑old man, who has 57 prior convictions but no previous sexual offences, pleaded guilty at the Central Criminal Court to eight charges of sexual assault against an 11‑year‑old boy in Cork between July 2011 and March 2012. The victim, now 18, was a child at risk who had previously attempted suicide and was in a care home when he confided in a friend. The man had become a friend of the boy's older brother, supplied the boy with alcohol, cigarettes and clothes, and eventually moved into the family home. Abuse involved mutual masturbation and the boy performing oral sex on the man. The boy reported that the man never threatened or used violence. The man was remanded in custody and sentencing is adjourned to 20 April. The victim's impact statement describes his confusion, vulnerability and gratitude for help received.
Sean Walsh, 51, of St John's Well, Fair Hill, Co Cork, was found guilty by the Special Criminal Court of membership in the Irish Republican Army (IRA) and sentenced to three and a half years in prison, backdated to his arrest on 14 December 2016. The court heard that in November and December 2016 Walsh met with three other men at a house on Old Commons Road, Blackrock, where a fourth man was shot dead on 7 December. Gardaí searched the house's attic and found a bag containing two firearms, 14 rounds of ammunition, latex gloves and a black woolly hat that matched Walsh's DNA. Later that evening, Walsh was found in a house in Cobh with two other men, carrying a sawn‑off shotgun, a Walther pistol and loose ammunition.
In a High Court hearing on 15 March 2018, the State argued that Graham Dwyer's constitutional right to privacy was not breached when Gardai accessed data from his mobile phone during the investigation of childcare worker Elaine O'Hara's murder. Sean Guerin SC, representing the State and the Garda Commissioner, explained that under the 2011 Communications (Retention of Data) Act, telecommunication data from Dwyer's personal phone was lawfully retained and accessed. The prosecution had presented this data at Dwyer's 2015 trial, showing his presence at certain locations. Guerin contended that the right of the Gardaí to investigate the relationship between Dwyer and O'Hara outweighed any privacy claim, as the data was relevant to the missing person case. He noted that Dwyer's challenge to the Act on constitutional grounds was ongoing, but the State maintained that the data retention and access did not infringe his privacy rights.
In a High Court hearing, the court ruled that data generated by Graham Dwyer's mobile phone could be used as evidence against him in his Central Criminal Court murder trial. The State and Garda Commissioner argued that the data was lawfully retained and accessed under the 2011 Communications (Retention of Data) Act, which Ireland had adopted to comply with EU requirements. Dwyer's lawyers sought to exclude the data, citing a 2014 European Court of Justice decision that found the 2006 EU directive underpinning the Act invalid. The judge, Mr Justice Tony Hunt, rejected the exclusion and allowed the contested evidence to be presented to the jury. Dwyer maintains that the Act breached his privacy rights and is pursuing further legal action against the State and Garda Commissioner. The case remains ongoing.
Patrick Farrelly, 26, of Stag Park, Mitchelstown, Cork, was found with about €70,000 worth of cannabis over five months. He pleaded guilty to possessing €66,000 of drugs for sale or supply on 26 November 2016 and to possessing €3,692 of cannabis five months earlier. The Cork Circuit Criminal Court sentenced him to three‑and‑a‑half years, with 18 months suspended, and a concurrent 12‑month sentence for the lesser offence, leaving a net two‑year term. The Director of Public Prosecutions appealed, arguing the sentence was too lenient. In the Court of Appeal, Mr Justice Alan Mahon increased the sentence for the more serious charge to five years, with 18 months suspended, while the 12‑month sentence remained unchanged. The new five‑year term runs concurrently with the 12‑month term, which was likely already served.
A Cork man has been granted a date to appeal his conviction for membership of an unlawful organisation. Martin McHale, aged 54, was found guilty by the Special Criminal Court in 2017 following an incident in Monaghan in November 2013. He had claimed to gardaí that he travelled to the county for a social occasion and was unaware of fertiliser in the van he was driving. The court rejected his account, finding he had full knowledge of the contents and was a trusted transporter of the material. McHale was sentenced to four-and-a-half years imprisonment in February 2017. His appeal hearing has been scheduled for 19 July and is expected to last approximately half a day. McHale was not present at the Court of Appeal procedural hearing in Dublin.
In a Special Criminal Court hearing, Sean Walsh, aged 51, was found guilty of membership in the Irish Republican Army (IRA). Walsh had denied being a member on 14 December 2016, but the court accepted evidence from Chief Superintendent Barry McPolin, who testified that he was certain of Walsh's membership based on confidential information. Detective Sergeant Patrick Murphy supplied further evidence, including surveillance reports and a search of a house on Old Commons Road where a bag containing firearms, ammunition, latex gloves and a black woolly hat was found; the hat's DNA matched Walsh's. The court also heard that Walsh had met with co‑accused Joseph Walsh, Michael Gilmartin and a fourth man at Old Commons Road on 29 November and 6 December, and that the group had been involved in a shooting on 7 December. The case was adjourned for sentencing on 16 March.
The High Court has heard arguments in a civil action brought by Graham Dwyer against the State and the Garda Commissioner. Dwyer claims that the 2011 Communications (Retention of Data) Act breached his privacy rights under the Irish Constitution, the European Convention on Human Rights, and the EU Charter. He alleges that the Act, used to obtain his mobile phone records during his 2015 trial for the murder of Elaine O'Hara, is invalid following a 2014 European Court of Justice ruling that struck down the underlying 2006 EU directive. Dwyer seeks declarations that his privacy rights were breached. The State, represented by Brian Murray SC, opposes the action, arguing that the general data retention scheme is vital for detecting, investigating, and preventing serious crime, including terrorism. Counsel stated that a more targeted regime would be unworkable and potentially discriminatory, noting that Dwyer had no prior criminal record and lived in an area not typically associated with serious crime. The State further argued that Dwyer was aware of the data acquisition in 2013, prior to the ECJ decision, and that his challenge was lodged around the time of his trial. Dwyer denies killing Ms. O'Hara, and his appeal against his conviction is currently pending before the Court of Appeal. The matter before Mr Justice Tony O'Connor was adjourned and continues next Tuesday.
In 2013, David O'Loughlin (30) of Cork was convicted of murdering Liam Manley (59) after forcing him into a refuse chute at Garden City Apartments. The Central Criminal Court jury found him guilty and he received a mandatory life sentence on 31 March 2015. In February 2018, the Court of Appeal quashed the verdict, ruling that the jury's unsanctioned visit to the chute and a juror's experiment of throwing a stone there violated the Juries Act. The judge noted the experiment introduced new evidence and the jury should have been discharged. The appeal allowed a retrial, and O'Loughlin was remanded to appear before the Central Criminal Court. The case remains at the retrial stage, with no further outcome reported in the article. David O'Loughlin pleaded not guilty.
Graham Dwyer, aged 45, has asked the High Court to strike down parts of the Communications (Retention of Data) Act 2011 that allowed Gardaí to obtain and use mobile phone data as evidence in his murder trial. He was convicted of the murder of childcare worker Elaine O'Hara and sentenced to life imprisonment in April 2015. Dwyer claims the Act breaches his constitutional rights, the European Convention on Human Rights and the EU Charter of Fundamental Rights, arguing that the 2011 Act implements the invalid 2006 EU Directive 2006/24/EC, which the European Court of Justice struck down in 2014 for violating privacy and data protection. He seeks declarations that the Act is incompatible with EU law, damages for breaches of his rights, and an order that his legal costs be paid by the respondents. The case is pending before Mr Justice Tony O'Connor and will affect his appeal against conviction.
In February 2018, Graham Dwyer, a convicted murderer, was set to begin a High Court challenge against the Garda Commissioner, the State, and other officials. The challenge concerned the use of his mobile phone records during his 2015 murder trial. Dwyer argued that the Communications (Retention of Data) Act 2011 violated his constitutional privacy rights, the European Convention on Human Rights, and the EU Charter of Fundamental Rights. He cited the 2015 European Court of Justice ruling that struck down the directive underpinning the Act, claiming that the data collected from his phone was therefore invalid. The case, expected to last about two weeks, was to be heard by Justice Tony O'Connor, with Dwyer absent. He sought declarations, possible damages, and a referral to the European Court of Justice. The Garda Commissioner, Director of Public Prosecutions, Ministers for Justice and Communications, the Attorney General, and the State opposed his claims.
Andrew Dunne, 33, was sentenced to four years in prison at Dublin Circuit Criminal Court after pleading guilty to possessing almost €110,000 worth of heroin, cocaine, and cannabis at his Drimnagh home on July 7, 2016. He also admitted to two counts of endangering gardaí on August 7, 2016, during a high-speed chase that involved ramming a patrol vehicle and dragging a sergeant. Judge Martin Nolan described Dunne as a good family man and father who was unlikely to re-offend, noting he was a "mature man who had got himself into difficulties." The judge stated it was not necessary to include a suspended period in the sentence. Dunne was also disqualified from driving for six years. Prosecution evidence indicated Dunne was intoxicated and under threat from a drug debt, while defense counsel argued he was in a state of intense fear and paranoia. The court heard Dunne had rehabilitated himself and is now drug-free.
The Special Criminal Court will deliver a verdict on March 2 in the case of Sean Walsh, 51, of Co Cork, who is accused of membership of an unlawful organisation styling itself the Irish Republican Army on December 14, 2016. Walsh pleaded not guilty to the charge. The prosecution alleged that Walsh was present at a house on Old Commons Road where a bag containing firearms and ammunition was found, and that his DNA matched a woolly hat recovered from the scene. It further alleged that Walsh met co-accused Joseph Walsh and Michael Gilmartin at a petrol station before they entered a house at Chestnut Drive, Cobh, where a sawn-off shotgun, a 9mm pistol, and ammunition were seized. Joseph Walsh, 36, and Michael Gilmartin, 47, both pleaded guilty to possession of the firearms and ammunition at Chestnut Drive on December 14, 2016. Last week, Joseph Walsh was sentenced to five years and six months for possession of firearms and two years for possession of ammunition. Gilmartin was jailed for five years for possession of firearms and two years for possession of ammunition. Their sentences are to run concurrently and were backdated to December 14, 2016. The matter regarding Sean Walsh remains pending judgment.
Mr Justice Patrick McCarthy of the Central Criminal Court has set dates for three murder trials in Cork. Two trials will start on 31 May: Paul Horgan, 27, charged with killing his mother Marian, 61, on 24 November 2015 at their family home on Murmont Avenue, Montenotte; and Darren Murphy, 41, charged with killing Olivia Dunlea on 17 February 2013 at her Pembroke Crescent home, Passage West. The third trial, for Cathal O'Sullivan, 45, charged with the murder of Nicola Collins on 27 March last year at his flat on Popham's Road, Farranree, is scheduled for 6 November.
In 2015, David O'Loughlin (30) was convicted of murdering Liam Manley (59) after forcing him into a refuse chute at Garden City Apartments, Cork. The Central Criminal Court jury found him guilty and imposed a mandatory life sentence. In 2018, the Court of Appeal quashed the conviction because the jury had visited the chute during deliberations without permission from either the defence or prosecution, an action deemed technically unlawful under the Juries Act. During the visit, a juror threw a stone down the chute, an experiment that introduced new, unexamined evidence. The judge ruled that the jury should have been discharged under these circumstances. The case remains pending, with the court to decide whether a retrial will be ordered. The summary reflects only the facts presented in the article. David O'Loughlin pleaded not guilty.
Jack Kelleher, a 23‑year‑old university student, has brought proceedings in the High Court after being evicted from his family home in Bridgewater, Carrigrohane, Co Cork by the Cork County Sheriff on the basis of a 2016 Circuit Court order obtained by KBC Bank against his parents. The order, which did not name Kelleher, was used to repossess the house, and he was told to leave within 28 days or his possessions would be destroyed. Kelleher claims the order cannot be used to evict him, as he was not a party to the original action and his constitutional right to a home was not considered. He seeks a temporary injunction, declarations that only named individuals may be affected, and damages for breaches of Articles 40.5 and 8. Judge Carmel Stewart declined the injunction but ordered short notice to be served on KBC and the Sheriff. The case will return next week.
The Special Criminal Court sentenced two Cork men to prison for firearms offences following a garda investigation into the "New IRA". Joseph Walsh (36) and Michael Gilmartin (47) both pleaded guilty to possession of firearms, including a 9mm parabellum pistol, a magazine, and a double-barrel sawn-off shotgun, as well as ammunition, at Chestnut Drive, Cobh, on September 14, 2016. The court heard that gardai intercepted the pair in December 2016 while monitoring subversive activity, finding the weapons in a bag at Gilmartin's home. Mr Justice Tony Hunt noted mitigating factors, including their early guilty pleas, describing Walsh as a recent recruit and Gilmartin's involvement as limited to logistical support. Walsh was sentenced to five years and six months for possession of firearms and two years for possession of ammunition. Gilmartin received five years for possession of firearms and two years for possession of ammunition. The sentences are to run concurrently and were backdated to December 14, 2016.
A trial date has been set for Adam O'Keefe, a 26‑year‑old from St Vincent's Hostel in Cork, who is accused of murdering 22‑year‑old Amy McCarthy on 29‑30 April 2017 at a Sheares Street address. Mr Justice Patrick McCarthy has scheduled the trial for 9 July 2018 before a jury at the Central Criminal Court.
Rory Mullally, a 26‑year‑old former Dublin Bus employee, was found guilty of dishonestly appropriating more than €14,000 from the company by creating bogus customer refunds. Between 14 October 2016 and 20 February 2017, he logged rebates for non‑existent or mismatched Leap Card numbers and duplicated refunds, actions discovered when managers noticed 353 anomalies in his logs. Mullally admitted the fraud, citing a gambling addiction, and resigned, returning €1,045 of pension funds and over €1,000 in cash to the company. He pleaded guilty, and the court accepted that his early plea saved time. Judge Martin Nolan imposed a two‑year suspended sentence, ordering the remaining owed amount to be handed to Gardaí for transfer to Dublin Bus. No prior convictions were recorded.
In a 12‑day trial at the Central Criminal Court, Judge Paul Butler directed a jury to acquit a 35‑year‑old man of all charges of rape, oral rape, sexual assault and false imprisonment against a 19‑year‑old woman. The judge cited the failure to swab the accused's neck for DNA as a serious risk of an unfair trial, and noted that the accused had claimed the complainant had kissed him on the neck, a claim the woman denied. The accused had pleaded not guilty. The prosecution had also dropped all charges against a 44‑year‑old co‑accused due to insufficient evidence. The judge's direction ended the trial, and the jury was excused from service for ten years. The case involved allegations that the woman was forced onto a tour bus after a Jason Derulo concert and was assaulted by two men, but the accused denied all allegations.
Paul Buckley, a 45‑year‑old Cork man, was sentenced to six months' imprisonment on 29 January 2018 for impersonating a Garda and threatening to arrest a schoolgirl. In November 2017, while drinking in Dublin city centre, Buckley approached a teenage girl in school uniform, claimed to be a Garda, and offered her a coffee. When she declined, he threatened to arrest her for truancy, rubbed her hand, and told her she was "sexy". The girl reported feeling uncomfortable and frightened. Buckley pleaded guilty to the impersonation offence. The judge, citing the seriousness of impersonating a Garda, imposed the six‑month term, noting that the court could not infer beyond reasonable doubt that Buckley intended sexual assault. Buckley's prior convictions include a 2005 rape and assault conviction. The sentence reflects the offence of impersonation, with no mention of any suspended portion or effective custody beyond the six‑month term.
Paul Buckley, 45, pleaded guilty to impersonating a garda at Aston Quay, Dublin, on November 11, 2017. The court heard that Buckley, a registered sex offender, approached a teenage girl in school uniform, displayed a business card with a garda logo, and threatened to arrest her for skipping school. He allegedly rubbed her hand, called her sexy, and told her she could not leave. Buckley was identified via CCTV and arrested. He admitted to gardai that he struggled with alcohol abuse. Prosecutors stated Buckley revealed to the Probation Service that the offence was sexually motivated, while his defense counsel argued his motive was to seek human interaction due to loneliness and depression. Buckley was previously convicted of rape and assault causing harm in October 2005, for which he was jailed for four years at the Central Criminal Court. He was released in autumn 2009. Judge Martin Nolan remanded Buckley in custody and stated he would sentence him on Monday. The matter was adjourned for sentencing.
During the trial of a 35‑year‑old man accused of raping a 19‑year‑old woman at a Jason Derulo concert in Cork on 27 June 2014, a jury heard evidence of the complainant's text messages. Detective Sergeant Jason Lynch presented forensic analysis of the complainant's phone, showing a 3:50 am text to her boyfriend stating she was bruised and had no one, and a later message apologising for texting and mentioning five men. He also showed a 11 am text from a cousin about radio coverage and the complainant's reply that she was at a Garda station. Forensic scientists found no semen on the complainant's body or clothing, and DNA was not detected on six condoms from the tour bus. The prosecution case closed before the judge and jury, with the trial set to resume on Monday. The unnamed 35-year-old pleaded not guilty.
A 35‑year‑old man accused of raping a 19‑year‑old woman after a Jason Derulo concert in Cork told Gardaí that there were no closed doors on the tour bus where the alleged incident occurred. In a video interview shown to the jury, he claimed he was never alone with the complainant and that other people witnessed him having sex with her in the bus's hallway. He described the encounter as lasting about 15 minutes, including consensual oral sex, and said he removed the condom and returned downstairs. He denied any force, questioned the complainant's account, and said he had only a glass or two of champagne. He pleaded not guilty to rape, oral rape, sexual assault and false imprisonment. The trial continues before Mr Justice Butler and a jury of ten men and two women.
During the trial of a 35‑year‑old man accused of raping a 19‑year‑old woman after a Jason Derulo concert, the complainant testified that the accused, referred to as "cap guy," blocked her from leaving the tour bus and forced her onto a bunk bed where he raped her orally and vaginally. She also alleged that a 44‑year‑old co‑accused, the "larger man," joined and raped her. The complainant claimed she escaped after a third man threatened her. Prosecutor Timothy O'Leary informed the jury that the Director of Public Prosecutions had dropped all charges against the 44‑year‑old due to insufficient evidence, following a ruling by Mr Justice Paul Butler. The accused denies all charges, which include rape, oral rape, sexual assault and false imprisonment, alleged to have occurred in a vehicle in Cork on 27 June 2014. The trial is ongoing before Mr Justice Butler and a jury of ten men and two women.
In a case involving allegations of rape following a Jason Derulo concert, a judge in the Central Criminal Court dismissed charges against one of the accused men due to insufficient evidence. The complainant, a 19‑year‑old woman, claimed that a 35‑year‑old defendant, referred to as the "cap guy," prevented her from leaving the tour bus, brought her upstairs, and raped her both orally and vaginally while she was partially on a bunk bed. She also alleged that a 44‑year‑old defendant, the "larger man," later joined and raped her. The 35‑year‑old pleaded not guilty to rape, oral rape, sexual assault and false imprisonment, while the 44‑year‑old pleaded not guilty to anal rape and false imprisonment. The court found the evidence against the 44‑year‑old insufficient and the prosecution entered a nolle prosequi, allowing him to leave.
During the trial at the Central Criminal Court, two men aged 35 and 44 were accused of raping a 19‑year‑old woman on a Jason Derulo tour bus in Cork on 27 June 2014. The 35‑year‑old pleaded not guilty to rape, oral rape, sexual assault and false imprisonment; the 44‑year‑old pleaded not guilty to anal rape and false imprisonment. The complainant's friend described the bus as dingy and jammed, and said she left after hearing a man say, "If you're not on this bus to have sex then get off." Witnesses reported the complainant was forced onto the bus, allegedly raped by two men—one from behind and one from the front—while she was half in and half out of a bunk bed. The trial is proceeding before Mr Justice Paul Butler with a jury of ten men and two women. Mr Derulo is not charged with any offence.
During the fourth day of the trial at the Central Criminal Court, bus driver Patrick Bushby testified about the night of 26/27 June 2014, when a Jason Derulo tour bus was reportedly shaking as if a disco were playing, though no music was heard. Bushby, who was hired to pick up the band after a concert at The Marquee in Cork, described a chaotic scene outside the nightclub, with many people and vehicles. He noted that the bus was crowded with girls, and that a girl in an olive jumpsuit was seen talking to a 35‑year‑old man, later identified by the prosecution as "cap guy." Bushby observed the girl leave the bus, return, and then remain on the vehicle as the bus continued to shake for about twenty minutes. Gardaí arrived ten minutes later after a report of an incident. The unnamed 35-year-old pleaded not guilty.
A woman who claims she was raped by two men after a Jason Derulo concert says her evidence was the whole truth, and that conflicting accounts she gave to a garda, a nurse and her first official garda statement were "false memories". The defendants, aged 35 and 44, deny the offences alleged to have occurred in a hired tour bus in Cork on 27 June 2014. The 35‑year‑old pleaded not guilty to rape, oral rape, sexual assault and false imprisonment of the 19‑year‑old woman; the 44‑year‑old pleaded not guilty to anal rape and false imprisonment. The court heard that the complainant first gave a statement to gardaí on 27 June and a second statement 10 days later. She admitted that she had said things that "simply didn't happen" when describing what had occurred in the hours after the alleged incident, and agreed with counsel that these were "false memories".
A 19‑year‑old woman accused two men of rape and false imprisonment on a tour bus after a Jason Derulo concert in Cork on 27 June 2014. The defendants, aged 35 and 44, pleaded not guilty to rape, oral rape, sexual assault, false imprisonment, and anal rape. The complainant described the bus scene as "like something from Amsterdam," detailing how a man with a cap approached her, forced her to remove her jumpsuit, and raped her while she was restrained. She claimed a second, larger man also raped her. She escaped after a third man threatened her. The trial is ongoing before Mr Justice Paul Butler and a jury. The case involves allegations of sexual assault and false imprisonment, with the defendants denying the charges.
Two men, aged 35 and 44, are on trial in the Central Criminal Court for rape, false imprisonment and related offences against a 19‑year‑old woman. The alleged incidents took place in a vehicle at an unknown location in Cork city on 27 June 2014, after a "VIP party" following a Jason Derulo concert. The 35‑year‑old pleaded not guilty to rape, oral rape, sexual assault and false imprisonment; the 44‑year‑old pleaded not guilty to anal rape and false imprisonment. The prosecution, led by Timothy O'Leary SC, outlined that the complainant was present at the nightclub, was invited to a second location, and was allegedly taken in a vehicle by a man wearing a cap (the 35‑year‑old) who allegedly raped and assaulted her, and by a larger man (the 44‑year‑old) who allegedly anally raped her.
In a High Court action brought by convicted murderer Graham Dwyer, the court decided not to convene a three‑judge divisional court. Dwyer, who was convicted of the murder of Elaine O'Hara in 2015, alleges that provisions of the Communications (Retention of Data) Act 2011 breach his constitutional rights and the European Convention on Human Rights. He claims that the European Court of Justice's 2015 ruling invalidated the Irish legislation implementing the directive, rendering mobile‑phone data collected by Gardaí during the investigation of O'Hara's murder unlawful. The case, which is opposed by the State, will be heard by Mr Justice Tony O'Connor on 20 February and is expected to last six to eight days. Dwyer seeks damages and, if necessary, a reference to the European Court of Justice. The State's motion aims to ensure the case proceeds efficiently. The decision was made after discussions with the President of the High Court and concerns over judge availability.
Joseph Walsh and Michael Gilmartin, who pleaded guilty to firearms offences linked to a garda investigation into the "New IRA," had their sentencing adjourned until February 5. The co-accused admitted to possessing a 9mm parabellum pistol, a magazine, a double-barrel sawn-off shotgun, and ammunition at Chestnut Drive, Cobh, on September 14 last year. They also admitted to an assault at Cork Circuit Court. At the sentence hearing, the court heard that Walsh initially took a "no comment attitude" but later stated he had a "fair idea" the bag contained something illegal. Walsh has previous convictions, including assault causing harm in 2013 and a suspended sentence in 2010. Gilmartin, who also initially remained silent, later told gardai he feared for his life. He has only previous Road Traffic Act convictions. Defence counsel for Walsh highlighted his guilty plea and a reference from a former employer. Counsel for Gilmartin argued he was of outstanding good character, suffered from health issues, and was not a "prime mover" in the offences. Justice Tony Hunt, sitting with Judges Patricia Ryan and Ann Ryan, stated they had a "fair bit to think about" and adjourned the matter. The case was not concluded or finalised at this stage.
Two men from Cork, Joseph Walsh, 36, and Michael Gilmartin, 46, admitted to possessing firearms and ammunition. They pleaded guilty to holding a 9mm parabellum pistol, a suitable magazine, and a double‑barrel sawn‑off shotgun, along with 14 rounds of 9mm ammunition and eight shotgun cartridges. The items were found at Chestnut Drive, Cluain Ard, Newtown, Cobh, on 14 September last year. Judge Tony Hunt, with Judges Patricia Ryan and James Faughnan, remanded them in custody until 11 January, when sentencing will occur.
In a High Court action launched in 2015, convicted murderer Graham Dwyer seeks to challenge the use of his mobile phone records by the Garda Commissioner and State. Dwyer, who was convicted of the 2012 murder of Elaine O'Hara, argues that provisions of the Communications (Retention of Data) Act 2011 violate his constitutional right to privacy, the European Convention on Human Rights and the EU Charter of Fundamental Rights. He cites the 2015 European Court of Justice ruling that struck down the directive underlying the Act, claiming that the Irish legislation implementing it is therefore illegal and that the data collected on his phone is invalid. The State, represented by Sean Guerin SC, contends that the case raises significant legal questions and may be heard by a three‑judge divisional court. Ms Justice Caroline Costello has adjourned the matter to early January to allow pre‑trial issues to be addressed, with the hearing expected to last several weeks.
In December 2017, Lieutenant Colonel Jerry Lane, a senior officer in the Defence Forces, filed a High Court challenge after the State refused to give him an independent report on allegations of corruption and misconduct within the military. Lane had raised concerns in 2010 that a fellow officer was being given preferential treatment for a senior post that Lane claimed the officer was ineligible for. He made a protected disclosure to the Seanad in 2011, after which he faced threats of dismissal and involuntary retirement, which were later withdrawn. In 2016, the Minister for Defence appointed Colm Smyth SC to conduct an independent review. Lane cooperated, submitted a 137‑page document, and requested the report, but it was withheld and kept sealed. He then sought intervention from former Taoiseach Enda Kenny.
Cathal O'Sullivan, 44, of Popham's Road, Farranree, Cork, is charged with the murder of Nicola Collins at his apartment on 27 March 2017. Justice Patrick McCarthy has set a provisional trial date of 10 April 2018 for the case to commence.