Court archive

Court reports mentioning Cork

2017-12-11 · Cork

Man to stand trial accused of murdering his mother

A 27‑year‑old man named Paul Horgan of Murmont Avenue, Mayfield, Co Cork, is charged with murdering his mother, Marian Horgan, at his home on 23 November 2015. He will stand trial on 10 April next year, having been remanded by Justice Patrick McCarthy until that date.

2017-11-27 · Dublin

Former army officer jailed for rape and abuse of teenage boys

A former army officer, Timothy O'Sullivan, aged 66, was sentenced to eleven years' imprisonment for sexually assaulting and raping two teenage boys between 1991 and 1996. The victims, aged 13 to 16 at the time, were repeatedly subjected to oral and anal rape, threatened with death or burial in the mountains, and given alcohol that sometimes made them ill. O'Sullivan, who was in his forties during the offences, used his position and the boys' vulnerabilities to groom and abuse them at various locations, including his home, a bathhouse, car parks, pubs and hotel rooms. The judge noted the aggravating factors of grooming, the victims' youth, and the abuse of trust, while also recognising mitigating factors such as the offenders' guilty pleas. The sentence was imposed by Mr Justice Tony Hunt at the Central Criminal Court, following the victims' courageous impact statements and the investigation that began after complaints in 2011 and 2013.

2017-11-20 · Cork

Cork man wanted in Netherlands over alleged roof-repair scam

A 41‑year‑old Cork man, Denis Harrington, was brought before the High Court on a European Arrest Warrant issued by Dutch authorities. He faces ten alleged offences of fraud or attempted fraud committed between 2014 and 2015. The allegations describe a scheme in which a group of Irish Travellers approached several mainly senior Dutch citizens, claiming that roof repairs were urgently needed. The Travellers used false names and fictitious company names, and in many cases the agreements were not honoured after the work was carried out. Victims were pressured into paying large sums, often in cash or via bank transfers that were immediately withdrawn. The Dutch authorities say the Travellers caused damage and leaks on roofs, and that the group used straw men to conceal their identities. Harrington is currently serving a prison sentence in Ireland and has been remanded in custody to appear again on 7 December.

2017-11-15 · Dublin

"Kind of like getting a win": serial burglar made off with €26k in cash and cheques

John Paul Sheehan, a 38‑year‑old homeless man from Cork, was sentenced to two and a half years in prison after a burglary at the Dublin Visitors Centre on Grafton Street. He stole more than €26,000 in cash and cheques, plus a €100 Panasonic Lumix camera. Sheehan was arrested the same day for a drug offence and was found with €9,475 of the stolen cash. He pleaded guilty to trespass and theft. The court noted he had 100 prior convictions, mainly for burglaries, and that he had used the stolen money for food, clothing and to support his drug habit. The judge, taking his guilty plea into account, imposed the sentence without a suspended element, citing a lack of evidence of rehabilitation. The camera was never recovered. The case highlighted the challenges faced by homeless and drug‑addicted individuals who may be compelled to steal to survive.

2017-11-07 · Cork

Former international rugby ref resolves High Court action

Former international rugby referee David McHugh resolved High Court proceedings he had brought against the Irish Rugby Football Union (IRFU) over the decision to dismiss him from his role as Referee Performance Manager. McHugh, employed by the IRFU since 1997, claimed the dismissal was unlawful and breached his contractual rights. He had secured a temporary injunction preventing the IRFU from publishing any material about the termination and from terminating his employment pending the full hearing. The case was brought before Mr Justice Tony O'Connor, who heard that the parties were in talks and that the matter had been resolved, allowing the proceedings to be struck out. No details of the agreement were disclosed. McHugh, who has officiated at major international matches, said he had believed the October 5 meeting was to discuss grievances about referee resourcing, not a termination. He claimed the decision left him feeling disgraced and humiliated.

2017-11-06 · Cork

Retired solider who raped and abused daughters is jailed for 10 years

Jerry O'Keeffe, a 69-year-old retired soldier from Youghal, Co Cork, was sentenced at the Central Criminal Court to ten years in prison for sexually abusing his two daughters. He pleaded guilty to three charges of rape, five of indecent assault, and one of sexual assault. These nine sample charges represented a total of 78 offences committed between January 1980 and March 1987. Mr Justice Patrick McCarthy imposed a seven-year sentence for the rape offences and a three-year term for the sexual assaults, ordered to run consecutively. The judge noted that the crimes destroyed the victims' childhoods and that O'Keeffe's guilty plea, entered late in proceedings, provided limited mitigation. He also rejected age as a mitigating factor. O'Keeffe was ordered to be added to the sex offenders register and must liaise with probation services for three years post-release. The victims, Amy Barrett and Melissa O'Keeffe, waived their anonymity and expressed satisfaction with the sentence, describing it as a necessary step for closure and protection of other children. The court heard detailed victim impact statements describing the long-term trauma inflicted by the abuse, which occurred at family homes in Youghal. The sisters reported the abuse to gardaí in 2014 after initial reports in 1999 were withdrawn under family pressure.

2017-11-01 · Cork

Former international rugby ref sues IRFU

David McHugh, a former international rugby referee and former Referee Performance Manager for the IRFU since 1997, has filed High Court proceedings against the Irish Rugby Football Union. He alleges that his dismissal on 5 October was unlawful and breached his contractual rights. McHugh claims the IRFU, following an independent review of the referee department, decided he was not fit to lead it and terminated his contract. He says he was informed of the decision during a meeting where he was told he had been fired, and that he had no opportunity to defend himself. McHugh argues the dismissal was a deliberate attempt to deprive the department of adequate resources, causing him stress and affecting his health. The High Court granted him a temporary injunction preventing the IRFU from publishing any further statements about his termination, with the matter to be returned next week.

2017-10-24 · Cork

Jury should not have visited refuse chute where man was thrown, murder appeal told

In 2015, David O'Loughlin, aged 30, was convicted of murder after he placed Liam Manley, 59, in a refuse chute at Garden City Apartments, Cork, where Manley died by asphyxiation. O'Loughlin appealed, arguing that the jury should not have visited the chute before delivering the verdict. The Court of Appeal heard that the jury, at its own request, visited the chute during deliberations and even threw a stone down it, an act the defence claimed introduced new evidence. O'Loughlin's counsel, Michael O'Higgins SC, contended that the jury's visit was unlawful and that the death was not a foreseeable consequence of the act. The prosecution's counsel, Seán Gillane SC, maintained that the act was an assault and that the jury had statutory authority to visit the site. The court noted the visit occurred without either party's presence and reserved judgment. David O'Loughlin pleaded not guilty.

2017-10-24 · Dublin

Humphries is jailed for 2.5 years for grooming and defiling teenage girl

Tom Humphries, a former sports journalist, was sentenced by the Dublin Circuit Criminal Court to two and a half years in prison for grooming and sexually abusing a teenage girl. The court heard that Humphries exchanged over 16,000 text messages with the girl over a three‑month period ending March 2011, then met her and the abuse escalated to sexual acts over a 14‑month period. He pleaded guilty to four counts of inviting a child to a sexual act between January 2010 and March 2011 and to two counts of defilement between December 2010 and February 2011. The victim, aged about 16, was a 47‑year‑old Humphries' daughter. Judge Karen O'Connor noted the impact on the victim's childhood and mental health, and imposed the sentence with no post‑release supervision, backdating it to his entry into custody on 3 October 2017. The sentence was concurrent with a two‑year term for the exploitation charge.

2017-10-17 · Cork

Retired soldier raped daughter and abused younger sister

Jerry O'Keefe, 69, of Oakhill, Youghal, Cork, pleaded guilty at the Central Criminal Court to three charges of rape, five of indecent assault and one of sexual assault. The nine sample charges represent a subset of 78 offences covering January 1980 to March 1987. The rape and indecent assault charges involved his eldest daughter, who was aged eight when the abuse began and twelve when it ended in 1985. The elder daughter was repeatedly asked to sit on O'Keefe's lap, sexually assaulted in the sitting room, then taken to his bedroom where he removed his clothes and raped her. The remaining charges concerned the younger daughter, abused at the family's new home on Catherine's Street. O'Keefe would enter her bedroom late at night after returning from the pub, climb into bed beside her and molest her.

2017-10-10 · Cork

Judge slams "meaningless" advice given to family of five evicted from home

In a High Court ruling on 10 October 2017, Mr Justice Paul Gilligan dismissed an application by Orla and Stephen Hallihan, who had been evicted from their family home with their five children, for orders against KBC Bank. The Hallihans sought an injunction to set aside a repossession order granted by the Cork Circuit Court in March 2015 and to allow them back into their house. The judge criticised the "meaningless" third‑party advice the couple had received, describing it as "totally unhelpful" and "meaningless as a matter of law." He noted that the Hallihans had not appeared at the Circuit Court when the repossession order was made, had not appealed the decision, and had not applied for an extension of time to bring an appeal. The judge found that the Hallihans had not presented a strong issue to justify an injunction, and that the balance of convenience did not favour setting aside the order.

2017-10-06 · Dublin

Sailor with convictions in 15 countries is jailed for importing banned drug

Ronald McMillan, 69, was jailed for importing 30 kg of the banned plant khat into Ireland. He was caught at Dublin Airport and had previously been linked to a stolen rental car that he had taken to Portugal. McMillan pleaded guilty at Dublin Circuit Criminal Court to theft of a Toyota Yaris on 10 March 2016 and to possession of khat for sale or supply and importation of the drug at Dublin Airport ten days later. Gardaí found the khat in wet form in a bag he claimed contained clothes, with an estimated street value of €15,000. McMillan has 28 prior convictions from 1971 to 2016, including offences in Gibraltar, Algeria, Austria, Australia, Monaco, France, Spain, Morocco and Yugoslavia. Judge Cormac Quinn sentenced him to two years, suspending the last 12 months on the condition that he keep the peace.

2017-10-06 · Dublin

Date set for murder trial of Freddie Thompson

Frederick "Freddie" Thompson, aged 36, and Nathan Foley, aged 18, are charged with the murder of David Douglas, 55, who was shot dead on 1 July 2016 at Bridgefoot Street, Dublin. Foley is also charged with damaging a car on 4 July 2016 at Strand Road, Dublin. Both men are remanded in custody. The non‑jury Special Criminal Court, presided over by Mr Justice Tony Hunt, has set a trial date for 30 April next year, with the trial expected to last two weeks. The case was listed for mention again on 21 December.

2017-10-04 · Dublin

Mum-of-five put flaming paper through letterbox over bin dispute

Gillian Philip, 36, pleaded guilty to damaging a neighbour's property with fire on 21 October 2015. She was arrested that evening after Garda Robert Whitty interviewed two children who witnessed her pushing a flaming laminated paper through a letterbox. The children quenched the fire, but the hall carpet was scorched. Philip had been in custody since January 2017 and will live with her father in Co Cork after release. Judge Karen O'Connor described the act as reckless, noted Philip's limited cognitive function and tragic life, and considered her early guilty plea, remorse letter and positive use of custody time. She imposed a two‑and‑a‑half‑year sentence, suspending the balance from today's date on strict conditions. The case stemmed from a bin dispute, and Philip has five children and prior convictions for theft, public intoxication and failing to appear.

2017-10-03 · Dublin

Murder accused Freddie Thompson shouts obscenities as judge refuses bail

Freddie Thompson, 36, was charged with the murder of David Douglas, 55, on 1 July 2016 at Bridgefoot Street, Dublin. In a High Court hearing on 3 October 2017, Judge Paul McDermott refused Thompson's bail application, citing flight risk and the seriousness of the charge. Thompson, wearing a grey zip‑up jumper, shouted obscenities at the judge, saying "Fuck off, I'm not listening to that" and "I'm not fucking going back in", and attempted to leave the courtroom. Two women present left before the judge finished ruling. The State, represented by Ronan Prendergast BL, objected to bail on the grounds of flight risk and potential further serious offences. Sergeant Brendan Brogan of Pearse Street Garda Station and Chief Superintendent Francis Clerkin provided evidence supporting the refusal under Section 2A of the Bail Act. Thompson was remanded in custody and the DPP had previously obtained an order for him to face trial at the Special Criminal Court.

2017-10-02 · Dublin

Freddie Thompson seeks bail on murder charge

A High Court judge will decide whether 36‑year‑old Frederick "Freddie" Thompson, who lives on Loreto Road, Maryland, Dublin 8, should be granted bail. Thompson is charged with the murder of 55‑year‑old David Douglas, who was killed on Bridgefoot Street, Dublin, on 1 July 2016. The Director of Public Prosecutions had previously obtained an order for Thompson to be tried at the Special Criminal Court, arguing that ordinary courts were inadequate for effective administration of justice. Thompson applied for bail in the High Court, but the State objected. Sergeant Brendan Brogan of Pearse Street Garda Station told the court that the seriousness of the charge made Thompson a flight risk and that his release could lead to further serious offences. Chief Superintendent Francis Clerkin also testified that, under Section 2A of the Bail Act, refusal of bail was necessary to prevent the commission of a serious offence.

2017-08-31 · Cork

Murder trial of Freddie Thompson to proceed

The Special Criminal Court has denied Frederick "Freddie" Thompson's request to dismiss the murder charge against him. Thompson, 36, is charged with the July 1st, 2016 killing of David Douglas, 55, who was shot dead in a shop on Bridgefoot Street, Dublin. Thompson's barrister, Michael O'Higgins SC, argued for dismissal under Section 4E of the Criminal Justice Act 1999, while Seán Gillane SC represented the prosecution. Justice Isobel Kennedy, presiding, stated that the three‑judge panel had reviewed all evidence and submissions and found sufficient evidence to proceed with a trial.

2017-08-17 · Cork

State will not appeal decision to refuse Bailey extradition

The State has decided not to appeal the High Court's refusal to extradite 60‑year‑old Ian Bailey to France over the 1996 death of Sophie Tuscan du Plantier. Bailey, who denies any role in the death, was previously sought by French authorities in 2010 and again last summer for alleged voluntary homicide. Mr Justice Tony Hunt dismissed the Minister for Justice's application as an abuse of process. During the hearing, solicitor Gareth Lynch informed the court of the State's decision, and Mr Justice Hunt granted Mr Bailey costs for the case.

2017-08-02 · Cork

Ian Bailey to seek legal costs over extradition refusal

The High Court heard that Ian Bailey, 60, of The Prairie, Liscaha, Schull, west Cork, will apply next month for legal costs after the court refused to order his extradition to France over the death of Sophie Tuscan du Plantier. Bailey denies any involvement in her 1996 death outside her holiday home in Schull. French authorities had sought his surrender in 2010 and again last summer for alleged voluntary homicide, but the Supreme Court and the High Court dismissed the requests, citing abuse of process. The matter was adjourned to 17 August.

2017-07-31 · Limerick

Limerick man jailed for six years for violent disorder

Larry McCarthy, aged 37, was convicted by the Special Criminal Court of violent disorder and assault causing harm. The violent disorder charge stemmed from an incident on 25 November 2014 at Cornmarket Villas, Limerick, where McCarthy, along with two others, threatened to use "unlawful violence" and assaulted David Foran, a cyclist who had been involved in a minor road accident with a motorcyclist. Foran was stabbed in the leg with a knife and struck on the head with a baseball bat. McCarthy pleaded not guilty to the assault but was found guilty. He received a six‑year sentence for violent disorder and a three‑year sentence for assault causing harm, both to run concurrently and back‑dated to 30 July 2015. The court noted the use of a knife and bat as aggravating factors and limited mitigating circumstances. The sentences were imposed by Ms Justice Isobel Kennedy, Judge Gerard Griffin and Judge Gerard Haughton.

2017-07-31 · Dublin

Mass donations thief rumbled after leaving bike with his name on it at scene

Justin Murray, 38, was found guilty of stealing €500 in mass donations from the Church of Our Lady of Victories in Ballymun on 6 November 2016. He entered the church by "creeping" in, was seen by a parishioner taking collection envelopes, and fled on foot when she noticed him. Garda Ross Brierley and colleagues identified him from CCTV footage and arrested him the following day at a shopping centre. Murray, who has 77 prior convictions including ten thefts and 20 burglaries, had previously been on bail for a robbery. He pleaded guilty early, a fact the prosecution said was of great assistance. The court remanded him in custody, ordered a probation report, and noted his wish to be transferred to Cork Prison under an enhanced regime to aid his recovery from heroin use. The case was heard at Dublin Circuit Criminal Court.

2017-07-31 · Cork

Bail refused for IRA accused

Sean Walsh, 50, of St John's Well, Fair Hill, Co Cork, was charged on 14 December 2016 with membership of an unlawful organisation, the Irish Republican Army (IRA). He applied for bail in the High Court, but the State objected. Detective Sergeant Patrick Murphy, representing the State, argued that the seriousness of the charge and the risk of further serious offences warranted denial of bail. Chief Superintendent Barry McPolin also supported the objection under Section 2A of the Bail Act, stating that refusing bail was necessary to prevent a serious offence. Judge Paul Coffey noted that the case had been before the court on 10 February, when bail was denied, and that no material change had occurred to alter that decision. Consequently, the court rejected Walsh's bail application under Section 2 of the Bail Act 1997, and he was remanded in custody.

2017-07-29 · Cork

Judge declines to strike out entirety of woman's defence

In a High Court case, Grant Thornton sued Gerardine Scanlan for allegedly keeping confidential data it had mistakenly sent to her in 2015. The firm had previously obtained an order preventing her from releasing the information and required her to return or destroy it. Scanlan had agreed to hand over the material in December 2015, but Grant Thornton claims she has not complied and still holds the data. The firm seeks orders to compel her to return the material and to disclose any third parties to whom she may have disclosed it. Scanlan, representing herself, denies breaching the order or retaining the data. Grant Thornton asked the court to strike out her defence and counterclaim, arguing they lacked legal basis. Judge Paul Gilligan struck out portions of her defence that did not deny Grant Thornton's allegations and were irrelevant, and dismissed her counterclaim except for a claim for damages under the Data Protection Acts.

2017-07-28 · Cork

Pair have serious assault convictions upheld

The Court of Appeal has upheld the serious assault convictions of Bill O'Driscoll (31) and Damien Fitzgerald (28), both from Cork, despite their legal teams' arguments for acquittal due to insufficient evidence. Both men had pleaded not guilty at Cork Circuit Criminal Court to charges of assault causing serious harm to Karol O'Keeffe at the Quarry Steps, Windsor Cottages, St Luke's, Cork on November 25, 2013, and also denied a charge of robbery. They were found guilty by a jury on both counts and sentenced to eight years imprisonment by Judge David Riordan on June 15, 2015. Both remain in custody serving their sentences. The appeal was based on the claim that the trial judge erred in not instructing the jury that the men had 'no case to answer'. However, Mr Justice John Edwards dismissed this, stating that the evidence was sufficient to support the convictions. The court noted that the prosecution's case was based on circumstantial evidence, but that multiple pieces of evidence, including forensic and CCTV evidence, as well as the men's replies during garda interviews, were significant. The appeal was allowed on the ground that the trial judge erred in law regarding the possibility of an alternative verdict on the robbery charge. The convictions for serious harm were upheld, while the robbery convictions were quashed. The Director of Public Prosecutions will consider whether a retrial on the robbery charge is appropriate.

2017-07-27 · Cork

Trucker who left cyclist in wheelchair was caught in same unroadworthy vehicle one month later

In July 2017 the Court of Appeal upheld a 15‑year driving ban imposed on 52‑year‑old truck driver Tim Walsh of Moneen, Cork, after he pleaded guilty to dangerous driving that caused serious bodily harm to cyclist Vincent O'Driscoll in August 2013. Walsh had been jailed for three years and disqualified from driving for 15 years by Judge Seán O'Donnabháin. The appeal court found that on the day of the incident Walsh was operating a 42‑tonne lorry loaded with timber that was "manifestly unroadworthy", with 70 defects including a cracked rear side mirror that prevented him from seeing the cyclist. He attempted to overtake on a rising bend, pulled back before clearing the cyclist, and the cyclist was struck by the rear wheels of the trailer. O'Driscoll suffered life‑threatening injuries, including a severed spinal cord that shortens his life expectancy by 15‑30 years, and is now confined to a wheelchair.

2017-07-27 · Dublin

Non-jury court to rule on Freddie Thompson's bid to have murder charge dismissed

In a Special Criminal Court hearing, Frederick "Freddie" Thompson, aged 36 and residing on Loreto Road, Maryland, Dublin 8, applied for the non‑jury court to dismiss a murder charge. The charge concerns the killing of David Douglas, 55, on Bridgefoot Street, Dublin, on 1 July last year. Michael O'Higgins SC represented Thompson, while Sean Gillane SC represented the prosecution. Justice Isobel Kennedy, presiding, announced that the court would rule on the application on 31 August.

2017-07-25 · Dublin

Dad-of-two punched stranger in face

Colin O'Kelly, 36, was given a two‑year suspended sentence after pleading guilty to assault causing harm to Dominic O'Keefe at Finnstown Castle Hotel in Lucan on 1 May 2015. O'Kelly had been attending a funeral that day and, in the early hours, punched O'Keefe twice in the face, fracturing his cheekbone. O'Keefe, who had just attended a wedding, was left unable to eat solid foods for three weeks and out of work for six weeks, which he said led to his restaurant failing. O'Kelly had no prior convictions, had expressed deep remorse, and was caring for a seriously ill child. The judge, Patricia Ryan, noted mitigating factors and accepted a €3,000 payment to O'Keefe as an expression of remorse. The sentence was suspended for two years.

2017-07-25 · Cork

Former skipper impacted by sea tragedy is jailed for having €100k in drugs

Peter Colleran, a 33‑year‑old former skipper from Cork, was sentenced to two‑and‑a‑half years in prison for possessing cocaine and cannabis worth €105,372. He was found with the drugs in a container at City West Storage in Tallaght on 21 October 2016. Colleran, who has no fixed abode, pleaded guilty. Judge Karen O'Connor handed down a five‑year sentence, suspending the final two‑and‑a‑half years. She noted his addiction and destitution following the 2007 sinking of the fishing trawler Honeydew II, which had claimed the life of his captain and mentor. Colleran admitted to drug‑making to repay debts and to having been homeless and sleeping in his car. He had a small number of prior public‑order convictions. The court heard he was supported by his family, who were present at the hearing.

2017-07-24 · Limerick

Limerick man to be sentenced for stabbing cyclist over crash compensation

Larry McCarthy, 37, was found guilty of assaulting David Foran, 33, by stabbing him in the leg during a dispute over compensation for a road accident. The incident occurred on 25 November 2014 at Cornmarket Villas, Limerick, after a motorcyclist offered Foran €5,500 and directed him to meet McCarthy. McCarthy, present in the car park, challenged Foran and stabbed him with a knife. Foran suffered a puncture wound to his left thigh, treated at University Hospital Limerick. McCarthy had previously been arrested on 4 March 2015 for violent disorder and had eight prior convictions, including dangerous driving and firearm offences in the UK. He was remanded in custody until 31 July, when he will be sentenced by the Special Criminal Court. The court noted that Foran made a full recovery and declined a victim impact statement. The sentencing hearing was presided over by Ms Justice Isobel Kennedy, with Judges Gerard Griffin and Gerard Haughton. Larry McCarthy pleaded not guilty. David Foran pleaded not guilty.

2017-07-21 · Limerick

Limerick man found not guilty of threatening to kill pensioner

In a Special Criminal Court hearing, Larry McCarthy Jnr, aged 37, was found not guilty of two charges: threatening to kill Noel Moore, aged 74, and threatening to damage Moore's property at Windsor House, Donoughmore, Limerick. McCarthy Jnr denied the allegations, claiming he did not threaten anyone and that CCTV footage would show he did nothing to anyone. The prosecution alleged that on 28 July 2015 McCarthy Jnr visited Moore's house and said, "I'm going to fucking shoot you" and "I'm going to get my buddies to burn your house to the ground." The judge, Mr Justice Tony Hunt, noted that while McCarthy Jnr had initiated an aggressive confrontation and was an unwelcome visitor, the court could not be satisfied that the threat to shoot constituted a threat to kill. He also found insufficient evidence that the threat included a specific intent to burn Moore's house. Consequently, McCarthy Jnr was acquitted of both charges.

2017-07-17 · Cork

Seaman sues over duty free discipline

Eugene O'Toole, a Leading Sick Berth Attendant in the Irish Naval Service, has filed a High Court claim against the Minister for Defence, the Attorney General and Lt Commander Niall Manning. The suit arises from an incident on 22 September when O'Toole brought a quantity of duty‑free cigarettes aboard the LE James Joyce, which had just rescued 2,500 migrants. O'Toole says he had obtained permission from a superior officer to bring the cigarettes, but the commanding officer demanded they be unloaded within 15 minutes or charges would be brought. Three charges were considered by Lt Commander Manning in April; two were dismissed, but one—concerning conduct prejudicial to good order and discipline under section 168 of the 1954 Defence Act—was found proven, resulting in a reprimand. O'Toole alleges that Manning's prior involvement in the matter deprived him of fair procedures and that his constitutional rights were breached.

2017-07-17 · Dublin

Frederick Thompson applies to non-jury court to have murder charge dismissed

Frederick "Freddie" Thompson, aged 36 and residing on Loreto Road, Maryland, Dublin 8, has applied to the Special Criminal Court to have a murder charge dismissed. The charge concerns the killing of David Douglas, 55, on Bridgefoot Street, Dublin, on 1 July last year. Mr Thompson's solicitor, Michael O'Higgins SC, presented the application under Section 4E of the Criminal Justice Act 1999.

2017-07-17 · Limerick

Closing speeches in trial of man accused of threatening to shoot pensioner

In a Special Criminal Court hearing, Larry McCarthy Jnr, aged 39, faced charges of threatening to kill Noel Moore and to damage Moore's property at Windsor House, Donoughmore, Limerick. The allegations stem from an incident on 28 July 2015, when Moore, a 74‑year‑old market stall‑holder, claimed he saw McCarthy Jnr, described as red‑haired, running across his garden and shouting threats. Moore testified that McCarthy Jnr said, "I'm going to fucking shoot you" and "I'm going to get my buddies to burn your house to the ground." McCarthy Jnr pleaded not guilty to both counts. The prosecution, represented by Ms Diana Stuart BL, cited ongoing family difficulties between the Moore and McCarthy families as context. Defence counsel was retired judge Mr Barry White SC. The three‑judge panel, led by Justice Tony Hunt, remanded McCarthy Jnr in custody pending a verdict scheduled for next Friday. The court will deliver its judgment on that day.

2017-07-13 · Limerick

State finishes evidence in trial of man accused of threatening to shoot pensioner and burn his house

In a non‑jury Special Criminal Court trial, the State finished giving evidence against Larry McCarthy Jnr, 39, of Limerick, charged with threatening to kill 74‑year‑old Noel Moore and to damage Moore's Windsor House property. McCarthy Jnr pleaded not guilty. Prosecutor Diana Stuart BL presented evidence that Moore saw a red‑haired man—McCarthy Jnr—running across his garden, shouting threats to shoot him and burn his house. Moore testified that he believed McCarthy Jnr could carry out the threats. McCarthy Jnr's Garda interviews were read, revealing he claimed the Moore family had damaged his door and that he had spoken to Moore about involving the Garda Síochána Ombudsman Commission. CCTV footage was sought but found to be unavailable for the relevant time. The trial continues.

2017-07-12 · Limerick

Accused told gardai he didn't threaten anyone

Larry McCarthy Jnr, 37, is on trial before the Special Criminal Court for threatening to kill Noel Moore and to burn Moore's house, Windsor House, Limerick, on 28 July 2015. McCarthy pleaded not guilty. Prosecutor Diana Stuart BL argued that the threats stemmed from family disputes, noting that McCarthy's sister is married to Moore's son. Moore, 74, testified that he saw McCarthy, described as red‑haired, running across his garden and that McCarthy shouted, "I'm going to fucking shoot you" and "I'm going to get my buddies to burn your house to the ground." Moore said he believed McCarthy could carry out the threat. Defence counsel Barry White SC cross‑examined Moore, challenging the claim that McCarthy had threatened to shoot him, but Moore maintained the threat. Garda Niall Fitzgerald reported seeing Moore shaking and distressed on the day.

2017-07-10 · Limerick

Accused on trial for threatening to shoot man and burn his "house to the ground"

In a Special Criminal Court hearing in Limerick, Larry McCarthy Jnr, aged 37, was charged with threatening to kill Noel Moore and to damage Moore's property at Windsor House. McCarthy Jnr pleaded not guilty. Prosecutor Diana Stuart presented evidence that the alleged threats occurred on 28 July 2015 when McCarthy Jnr allegedly ran across Moore's garden and shouted threats while Moore was inside his home. Moore testified that McCarthy Jnr shouted that he would shoot him and that he would have Moore's house burned to the ground. Moore also claimed McCarthy Jnr said his son had threatened Moore's father. McCarthy Jnr's father, Larry McCarthy Snr, gave evidence that his son had left the house after a phone call with his daughter. The trial continues before Judges Tony Hunt, Martin Nolan and Flann Brennan.

2017-07-10 · Cork

Couple bring challenge to proposed wind-farm development near their home

Klaus Balz and Hanna Heubach, residents of Bear na Gaoithe, Inchigeelagh, Co Cork, have brought a High Court challenge against An Bord Pleanala's decision to grant planning permission for the Cleanrath Inchigeelagh wind farm. The applicants, represented by David Holland SC, allege that the planning authority failed to properly consider the increased noise generated by the proposed up to 11 turbines, arguing this renders the decision flawed. They seek an order quashing the permission, along with declarations that An Bord Pleanala failed to conduct a proper Environmental Impact Assessment, breached the rules of natural justice, and made an unreasonable decision. Counsel stated that the development would quadruple perceived loudness in the area. Cork County Council originally granted permission in 2016, subject to approximately 40 conditions, which was subsequently appealed by the developer, Cleanrath Windfarm Ltd. Cork County Council and Cleanrath are notice parties to the proceedings. Mr Justice Seamus Noonan granted permission to bring the challenge on an ex-parte basis. The matter was adjourned and made returnable to a date in October.

2017-07-04 · Cork

Cork man acquitted of attempted armed burglary at businessman's home

In a Dublin Circuit Criminal Court trial, Niall Fitzpatrick, aged 50, was acquitted of firearms offences and attempted aggravated burglary at Patrick Glavin's home. Fitzpatrick denied possession of a Remington 12‑ga pump‑action shotgun and ammunition, and pleaded not guilty to the burglary charges. The jury delivered not‑guilty verdicts on the firearms and aggravated burglary charges, but could not reach a verdict on the attempted burglary charge. The case stemmed from an incident on 11 August 2013 at Glavin's residence in Rougrane, Glanmire.

2017-07-04 · Dublin

Heroin addict "took chance" and grabbed €6.5k from newsagent counter

Jonathan Duggan, 27, pleaded guilty to one count of theft at Dublin Circuit Criminal Court. He entered Tom Stanley's Newsagents in Blanchardstown Shopping Centre to buy a drink, saw €6,500 in notes on the counter, grabbed them and fled. The shop assistant chased him, alerted security, and he was apprehended and returned to the centre. Duggan later handed the money back. He claimed he had seen the cash and "took a chance", and said he had not threatened anyone. He was living in Cork, visiting his partner and their young daughter in Dublin. Duggan has a long history of heroin addiction, having started at 15, and 91 prior convictions, many linked to his drug use. His partner, a former heroin user, has been clean for four years. The court noted his remorse and the support he has. Judge Gerard Griffin sentenced him to three years' imprisonment, with the final 12 months suspended, backdated to 9 February 2017.

2017-07-04 · Dublin

Repeat sex offender with convictions for "sacrilege" and "buggery of an animal" broke court order

Anthony Goodman, 72, a convicted sex offender with a history of sacrilege and buggery of an animal, breached a court order by travelling on public transport without notifying Gardaí. In 2012, a Cork Circuit Criminal Court order prohibited him from attending certain locations and from using public transport except one local bus route unless he gave two hours' notice. In 2015, Goodman failed to give notice before boarding buses on Westmoreland Street and to Enniskerry, leading to his arrest on 3 September 2015. He has remained in custody since. Judge Elma Sheahan backdated a two‑and‑a‑half‑year sentence to September 2015, suspended the final eight months, and structured the sentence so the suspended portion benefits him. Goodman has over 200 prior convictions, including sexual assault, electrical diversion, animal buggery, sacrilege, and previous transport violations. He was removed from the sex offenders register on 29 June after five years on it. Anthony Goodman pleaded guilty.

2017-07-04 · Cork

Partner of man who died from brain haemorrhage after being sent home from hospital three times seeks to quash inquest result

Gwen Bradley, partner of 28‑year‑old Evan Morrissey, has filed a High Court action to quash the inquest verdict into his death. Morrissey died on 22 March 2014 at Cork University Hospital after being discharged from South Tipperary General Hospital three times for severe headaches. The inquest, held by coroner Philip Comyn, returned a narrative verdict that he died from a re‑bleed of a cerebral artery aneurysm. Bradley claims the inquest was conducted unlawfully, that the coroner limited the scope of the inquiry, and that relevant evidence was excluded. She alleges the coroner acted ultra vires, breaching the Constitution and the European Convention on Human Rights, and that the jury did not receive all pertinent evidence. The court granted permission to proceed and set a return date for October.

2017-07-03 · Limerick

Non-jury court finds Limerick man guilty of assault

A 37‑year‑old Limerick man, Larry McCarthy, was found guilty by the Special Criminal Court of assaulting 33‑year‑old David Foran on 25 November 2014 at Cornmarket Villas. McCarthy had pleaded not guilty to both the assault and to threatening to use "unlawful violence" with two others at the same place and date, but the court found him guilty of both offences. The trial recounted that Foran had been knocked down by a motorcyclist on 14 November 2014, who later offered him €5,000 and directed him to meet McCarthy in Limerick town. Foran testified that McCarthy struck him with a baseball bat, beat him, stabbed his leg with a knife and tried to remove his vest. The judge remanded McCarthy in custody until 24 July, when sentencing will occur.

2017-06-30 · Cork

Judge expresses concern about foreign-owned funds citing fire safety issues in bid to vacate properties

In a High Court hearing on 30 June 2017, Mr Justice Paul Gilligan expressed concern about a trend he observed where foreign‑owned funds or their receivers seek to evict occupants on the basis of fire safety. He referred to the case of Targeted Investment Opportunities ICAV (TIO) against a young couple, Sean O'Nuanain and Melanie Mook, who occupy 85‑86 Barrack Street, Cork. TIO, which claims to have purchased the property in December 2014 and registered full ownership in March 2015, seeks an injunction to prevent the couple from staying on the premises, citing an engineer's report that identified fire safety and structural issues. The couple, who are expecting their first child, argue they have a written agreement allowing them to remain, have lived and operated a business there for years, and have made repairs and investments in the property. They fear eviction would leave them homeless.

2017-06-27 · Limerick

Judgement next week in Limerick assault trial

In a Special Criminal Court hearing in Limerick, Larry McCarthy, aged 37, faces a verdict on an assault charge. He is accused of threatening "unlawful violence" and physically assaulting David Foran, 33, on 25 November 2014 at Cornmarket Villas. McCarthy denies both the assault and the threat, pleading not guilty. Foran, who had earlier been knocked down by a motorcyclist and received compensation, identified McCarthy as the assailant in statements to Gardaí. The prosecution, led by John Byrne BL, argues Foran's statements are reliable, citing his signed declaration and a second statement that elaborated on McCarthy's identity. Defence counsel Barry White SC contends Foran's testimony is unreliable, pointing to inconsistencies such as unsubstantiated injuries and missing phone records. White also criticises the Garda investigation for lacking site examination and documentation. The court, presided over by Ms Justice Isobel Kennedy with Judges Gerard Griffin and Gerard Haughton, will deliver its judgment on Monday, 3 July.

2017-06-26 · Cork

Limerick man attacked and sexually assaulted neighbour (66)

A 51‑year‑old Limerick man, who called Gardaí to report that he had tried to kill his 66‑year‑old neighbour, will be sentenced next week for attacking and sexually assaulting her. He entered the woman's Cork home just after nine that evening, asking her to share wine. He then became violent, putting a cushion over her face, pulling down her pyjamas and sexually assaulting her. The woman was taken to hospital where bruises were found on her jaw, neck, knee, thigh, upper inner thigh near her genital area and a cut to her vagina. She gave evidence to the jury but the man pleaded guilty to sexual assault and not guilty to rape. He has four prior convictions for assault and theft. He was remanded in custody pending sentencing. The woman's life has been profoundly affected, and she now relies on medication and precautions to feel safe.

2017-06-26 · Limerick

Prosecution closes case in Limerick assault trial

In a Special Criminal Court hearing, the prosecution closed its case against Larry McCarthy, 37, who was accused of assaulting David Foran, 33, on 25 November 2014 at Cornmarket Villas, Limerick. McCarthy, who lives at Tower Lodge, Crossgalla, denied both the assault and the allegation that he and two others threatened to use "unlawful violence" at the same place and date. Foran had earlier been knocked down and offered compensation by a motorcyclist. Detective Garda Gerard Healy testified that Foran identified McCarthy as the man who stabbed him, describing him as "stocky with red hair" and "unshaven." The defence argued that the absence of a video recording of Foran's statement handicapped their case, and that the detective had not asked whether the Larry McCarthy described was the one living in Cornmarket Villas. McCarthy denied any involvement. The prosecution announced that it had closed its case, while the trial continues before Ms Justice Kennedy, Judge Gerard Griffin and Judge Gerard Haughton. Larry McCarthy pleaded not guilty.

2017-06-26 · Cork

Trial date set for man charged with murder of Olivia Dunlea

A trial date of 30 May 2018 has been set for Darren Murphy, aged 40, who is charged with the murder of Olivia Dunlea, aged 36, at her Pembroke Crescent home in County Cork. The alleged killing occurred on 17 February 2013, when Ms Dunlea was found dead with multiple stab wounds in an upstairs room following a house fire. The case will be heard before a judge and jury in the Central Criminal Court.

2017-06-22 · Limerick

Complainant told gardai that "Larry McCarthy" stabbed him in leg, trial hears

In a Special Criminal Court hearing, 33‑year‑old David Foran claimed that on 25 November 2014, after a traffic incident, he was assaulted by Larry McCarthy (37) and others at Cornmarket Villas, Limerick. Foran said McCarthy stabbed him in the leg with a knife and that the assailants tried to remove his bulletproof vest. He alleged that McCarthy and two other men threatened to use "unlawful violence" and that they had been involved in a dispute over compensation money following a motorcyclist's knock‑down. McCarthy, who lives at Tower Lodge, Crossgalla, has pleaded not guilty to the assault charge. The court accepted Foran's statements as reliable after the prosecution demonstrated inconsistencies with earlier Garda statements. The case will continue before Ms Justice Isobel Kennedy, Judge Gerard Griffin and Judge Gerard Haughton.

2017-06-22 · Cork

Man who sexually assaulted "comatose" woman will be sent to jail following successful DPP appeal

Marek Krol, a 54‑year‑old Polish national, had been given a wholly suspended two‑year sentence for sexually assaulting a 25‑year‑old woman in Cork on 1 February 2016. The Court of Appeal found the original sentence unduly lenient and imposed a seven‑and‑a‑half‑month custodial term. The appeal was based on the fact that the victim was comatose and unable to resist, a circumstance that the court said required a custodial sentence except in wholly exceptional cases. The court noted that Krol had no prior convictions, spoke limited English, and had a recent heart condition, but the Director of Public Prosecutions argued that the gravity of the offence demanded imprisonment. Krol will report to Anglesea Street Garda Station to begin serving his sentence. Marek Krol pleaded guilty.

2017-06-21 · Limerick

Legal argument in non-jury trial

In a Special Criminal Court hearing, Larry McCarthy, 37, of Tower Lodge, Crossgalla, County Limerick, pleaded not guilty to assaulting David Foran, 33, at Cornmarket Villas on 25 November 2014. McCarthy also denied that he and two others threatened to use "unlawful violence" at the same location and date. The prosecution maintains that McCarthy was among those who threatened unlawful violence and assaulted Foran, who had earlier that month been knocked down and offered compensation by a motorcyclist. The defence is scheduled to submit arguments tomorrow before Ms Justice Isobel Kennedy, with Judges Gerard Griffin and Gerard Haughton presiding.