Peter Jackson, aged 42, was sentenced to life imprisonment for the murder of David Hamilton, aged 31, during a drug‑related dispute on 4 May 2012 at a house on Kerryhall Road, Fairhill, Co. Cork. The Central Criminal Court found Jackson guilty after a jury trial, and Justice Isobel Kennedy imposed the mandatory life sentence on 23 November 2015. The case involved both men being heroin users who had purchased two bags of heroin earlier that day, each worth €50, and had attempted to inject themselves. Pamela McHale, a 26‑year‑old friend of Jackson, testified that an argument erupted when Jackson struggled to find a vein for Hamilton, leading to a physical altercation in which Jackson struck Hamilton with an object from the table. Jackson has now lodged an appeal against his conviction, represented by barristers Dominic McGinn SC and James Burke BL, with the Court of Appeal reserving judgment. Peter Jackson pleaded not guilty.
Michael Lynch, aged 25, was found guilty of assault causing harm to his pregnant girlfriend Tara Byrd, aged 25, after pouring boiling sugar‑water over her left leg on 27 July 2015. The assault resulted in third‑degree burns, a ten‑day hospital stay and skin graft surgery, leaving severe scarring. Lynch had previously pleaded not guilty and was sentenced to two‑and‑a‑half years by Judge David Riordan on 7 June 2016. He lost an appeal against the conviction, but the Director of Public Prosecutions successfully appealed the sentence, arguing it was unduly lenient. In the Court of Appeal, Justice Alan Mahon increased the sentence to five years, suspending the final twelve months on the condition of a good‑behaviour bond. The court noted the pre‑meditated, callous nature of the assault and the added gravity of sugar in the boiling water. The decision was made by Justices Mahon, Birmingham and Edwards.
Ian Bailey, aged 60 and resident of The Prairie, Liscaha, Schull, was taken into custody at the Criminal Courts of Justice building on 30 March 2017 after a High Court judge endorsed a European Arrest Warrant issued by French authorities. The warrant seeks to bring Bailey to France to face charges of voluntary homicide in the death of Sophie Toscan du Plantier, who was found beaten to death outside her holiday home in Schull in December 1996. Bailey was remanded on bail following a brief hearing. He was given a copy of the warrant and, when asked if he had anything to say, he replied that the warrant was "severely factually flawed." His legal team has indicated that they will oppose the application to send him to France.
A trial date has been set for Ciprian Grozavu, charged with murdering 42‑year‑old Jonathan Duke at Bridge House, Bandon, on 13 November 2011. At a brief hearing in the Central Criminal Court, prosecution lawyer Liam Mulholland requested a trial date. Both sides agreed to a provisional date of 16 January 2018, to be heard in Cork. Grozavu was not present at the hearing.
Mark Hurley, aged 22, pleaded guilty to burglary of Pinocchio's toy store on Paul Street, Cork, on 22 December 2014. He broke a window, stole €1,200, a charity collection box and an i‑pod nano, and damaged a card‑reading machine, hindering the shopkeeper's ability to process card transactions during the busy Christmas period. Hurley left a palm print that led to his identification. He had 33 prior convictions, including 23 burglaries and 15 offences committed while on bail, and had recently been released from Portlaoise prison on temporary release. The Circuit Court had sentenced him to six years' imprisonment, with the final two years suspended. On appeal, the Court of Appeal found the starting point too high and re‑sentenced him to five years' imprisonment, again with the final two years suspended. He was required to enter a good‑behaviour bond for the suspended period.
A retired priest, Tadhg O'Dalaigh, aged 73, is awaiting the result of an appeal against his conviction for indecently assaulting a 16‑year‑old boy at Coláiste Chroi Naofa in Carrignavar, County Cork, in 1979. He pleaded not guilty at the Cork Circuit Criminal Court and was found guilty by a jury, receiving a five‑year sentence with the final two years suspended by Judge Donagh McDonagh on 18 December 2014. O'Dalaigh's appeal, filed today, argues that the trial judge erred by refusing to give the jury a corroboration warning, claiming it would be dangerous to convict without corroboration. His barrister, Patrick Gageby SC, described the case as a classic "one person's word against the other" scenario, noting the incident was a one‑off event in a secluded location. Counsel for the Director of Public Prosecutions, Garrett McCormack BL, maintained that the judge's discretion was exercised correctly and that no legal error occurred.
In a Dublin Circuit Criminal Court hearing on 22 March 2017, Judge Martin Nolan imposed a suspended five‑year sentence on 31‑year‑old Brian O'Grady, who pleaded guilty to possessing 20 kg of cannabis resin worth €122,000. O'Grady had delivered the drugs to two men travelling from Cork to Dublin in order to help his step‑brother pay a €2,000 drug debt. The judge noted O'Grady's "huge error of judgment" and low moral culpability, describing his motive as misguided. O'Grady's father, who had been abandoned as a baby and later reunited with him, broke down in tears. The judge said the suspended sentence was an "unusual step" and he would be unlikely to repeat it. The case highlighted the pressure drug dealers place on family members to carry out illicit acts. The other two men involved received seven‑year and two‑year sentences. The court found O'Grady a low risk of re‑offending.
Nathan Foley, 18, lives on Rosary Road, Dublin 8. He was charged at Dublin District Court with the murder of David Douglas, 55, who was shot dead on 1 July 2016 at Bridgefoot Street. Foley is also charged with damaging a car on 4 July 2016 at Strand Road, Dublin 4. State solicitor Michael O'Donovan informed the court that the Director of Public Prosecutions was applying for Foley to be tried in the Special Criminal Court. Judge Tony Hunt, with Judges John O'Hagan and Ann Ryan, granted the order.
Colin Joyce, 36, an autistic medical‑school drop‑out, appeared before Dublin Circuit Criminal Court on 21 March 2017. He pleaded guilty to three counts of providing false information about bomb threats made between February and April 2015, and to reckless damage to the Royal College of Surgeons in Ireland (RCSI) on 1 July 2015. The threats were directed at the Criminal Courts of Justice, St Patrick's Psychiatric Hospital and the Civic Offices at Wood Quay. Joyce had previously been given a three‑year suspended sentence in February 2015 for sending harassing letters to former supervisors at RCSI. Judge Martin Nolan, hearing the case, suspended a new three‑year sentence on strict conditions: Joyce must be supervised by the Probation Service, attend medical appointments, take prescribed medication, and abstain from alcohol. The court noted that Joyce had caused €2,861 of damage to RCSI when he threw paint over the front door and smashed several windows in July 2015.
A High Court judge, Justice Tony Hunt, said he intends to endorse a European Arrest Warrant that would send Ian Bailey to France to face trial for the intentional homicide of Sophie Toscan du Plantier. He will wait for submissions from Bailey's legal representatives on Thursday before making a final decision. Justice Hunt clarified that endorsing the warrant is not an endorsement of any other matter. If the warrant is endorsed, further hearings will decide whether to send Bailey to France. Bailey denies any involvement in the death and objects to the extradition, alleging a Garda conspiracy to frame him. French authorities have already served Bailey with an indictment and seek his trial in France for the alleged voluntary homicide of Ms. Toscan du Plantier, who was found beaten to death outside her holiday home in Schull, west Cork, in December 1996.
John Paul O'Driscoll, 29, of Fairhill, was sentenced to 12 years in prison for a series of offences committed in April 2013, including burglary, unlawful vehicle taking, reckless endangerment and criminal damage. He was driving a stolen van while intoxicated, pursued by Gardaí from one end of Cork to the other, and collided with Garda Michael Twomey, throwing him from his motorbike and causing serious injuries. O'Driscoll's blood alcohol level was 244mg per 100ml. At the time of sentencing he was unemployed and living in a Simon Community hostel. He had 168 prior convictions and was disqualified from driving. On appeal, the Court of Appeal reduced his sentence to seven years and nine months, suspending the final 12 months on condition, and upheld a 35‑year driving disqualification. The appeal was based on the court's determination that the offence was reckless rather than intentional endangerment, and on procedural errors in the original sentencing. John Paul O'Driscoll pleaded guilty.
An application to endorse a European Arrest Warrant for Ian Bailey, aged 61, for the alleged voluntary homicide of Sophie Toscan du Plantier will be heard at the High Court tomorrow. Bailey denies any involvement in the French woman's death. Justice Tony Hunt adjourned the hearing when Bailey's legal team did not appear for the 10 am hearing. Ronan Kennedy BL, counsel for the attorney general, said Bailey's solicitor was served notice of the High Court hearing on 16 March, four days ago, and that the hearing could proceed without him or his legal representatives but that any submissions on the European Arrest Warrant should be made to the court. Kennedy added that he was surprised no one was in attendance. Justice Hunt said Bailey and his legal representatives are "on notice" that the hearing will proceed tomorrow.
A 53-year-old Cork man has been sentenced to four-and-a-half years imprisonment for membership of an unlawful organisation styling itself the Irish Republican Army. Martin McHale, with an address at Blackwater Grove, Togher, Cork, was convicted by the non-jury Special Criminal Court in February following trial. The court found McHale travelled to Monaghan in a van containing approximately 500 kilogrammes of agricultural fertiliser. He had initially denied knowledge of the contents, claiming to gardaí he had borrowed the van for a drinking session. However, forensic evidence recovered from a glove in the van established both fertiliser residue and McHale's DNA. The Special Criminal Court panel, presided over by Ms Justice Isobel Kennedy alongside Judge Gerard Griffin and Judge Gerard Haughton, determined that McHale's statements to gardaí were false and misleading and that he was a trusted transporter of the material. McHale refused to identify the van's owner. Evidence from Assistant Commissioner Michael Finn indicated McHale was an IRA member.
The jury was discharged in the trial of Ciprian Grozavu, a 42‑year‑old Romanian accused of murdering 27‑year‑old Jonathan Duke in Cork. Grozavu had dismissed his legal team on the sixth day of his trial at the Central Criminal Court. The court heard that Catherine O'Connor, Grozavu's acquaintance, had been found guilty of murdering Duke. The eight men and four women of the jury were informed that Grozavu had a new legal team, which the judge said could not prepare for the case by the next Monday deadline. Judge Paul Butler therefore discharged the jury, citing potential unfairness, and thanked them for their service. The case has been rescheduled for a new trial, with a new date to be set. The jury will be exempt from service for ten years.
The jury in the trial of 42‑year‑old Ciprian Grozavu, charged with murdering his friend Jonathan Duke in County Cork, was informed that Grozavu had discharged his legal team. The trial was in its sixth day at the Central Criminal Court. Grozavu, a Romanian father of one, pleaded not guilty to the murder of the 27‑year‑old on 13 November 2011. The court had heard that Catherine O'Connor, Grozavu's acquaintance, had been found guilty of murdering Duke, whose body was discovered in the River Bandon. The jury listened to the content of Grozavu's Garda interviews, which described O'Connor stabbing and poking Duke in his flat before dragging him down the stairs. After lunch the jury was told Grozavu had fired his counsel and was sent home, to return the next day. The case remains before Mr Justice Paul Butler.
A 40‑year‑old Cork man was found guilty of all 92 counts of sexual assault, attempted rape and rape of his stepdaughter, who was aged nine to 16 between May 2008 and November 2015. The offences were largely committed in the family home. The jury, consisting of seven men and five women, returned the verdicts after just under four hours. The trial revealed that the abuse began when the victim was about eight or nine, starting with tickling and progressing to forced masturbation and repeated rape, often in the man's bedroom. The victim, who turned 18 during the trial, gave extensive video‑link testimony. The abuse ended in November 2015 when she fled to her aunt's house, confided in her mother and they reported the matter to Gardaí. DNA evidence from semen swabs matched the accused, with a probability of less than one in 1000 million of being unrelated. The unnamed 40-year-old pleaded not guilty.
During a murder trial in the Central Criminal Court, Ciprian Grozavu, aged 42, was charged with the killing of 27‑year‑old Jonathan Duke on 13 November 2011. The court heard that Grozavu claimed he only recalled witnessing a strangulation in his flat after a Garda officer mentioned it to him. The trial also involved testimony about Grozavu's acquaintance, Catherine O'Connor, who had been found guilty of murdering Duke, whose body was discovered in the River Bandon. Jury members listened to interviews with Grozavu in which he described O'Connor stabbing and poking Duke in the flat before dragging him, unconscious, down the stairs. Detective Sergeant Ann Murphy had left an interview and later returned with information that Duke likely died of strangulation. The court continued before Mr Justice Paul Butler and a jury of eight men and four women.
In a murder trial held in the Central Criminal Court, the jury heard that Jonathan Duke, aged 27, died from ligature strangulation after his body was found in the River Bandon. The prosecution presented a black electrical cable wrapped in three loops around Duke's neck, and a white cable tied to the plug, both shown by Inspector Fergal Foley. Assistant State Pathologist Dr Margaret Bolster testified that a complex ligature with crossing over was present, and that Duke suffered multiple blunt‑force and sharp‑weapon injuries, including bruises, abrasions, a short skull fracture, an incised wound to the lower back, a laceration to the cheek, and a possible injury to the right forearm. She concluded the cause of death was asphyxia due to ligature strangulation, with associated trauma causing bleeding and blood loss. The defendant, Ciprian Grozavu, 42, charged with Duke's murder, pleaded not guilty.
During a 2017 Cork murder trial, evidence was presented that the defendant's bare footprint was found in the victim's blood at the crime scene. The jury heard that the accused, Ciprian Grozavu, had told Gardaí that his girlfriend, Catherine O'Connor, had "beaten, bottled and poked" the 27‑year‑old Jonathan Duke to death. The trial concerned the murder of Duke, whose body was discovered in the River Bandon in 2011. Grozavu, aged 42, was charged with the murder and pleaded not guilty. Fingerprint and forensic evidence, including blood spatter and DNA matching Duke's profile, was examined by Garda technical experts. The court also heard Grozavu's first interview with Gardaí, in which he described a confrontation with O'Connor and claimed he could not stop her. The case was heard by Mr Justice Paul Butler with a jury of eight men and four women.
In a Central Criminal Court trial, Ciprian Grozavu, aged 42, pleaded not guilty to the murder of Jonathan Duke, aged 27, at Bridge House, Bandon, on 13 November 2011. Jury witnesses, including Aaron Nolan and Shane O'Driscoll, testified that on the night of the murder they heard loud music and saw Grozavu and Ms Catherine O'Connor carrying and dumping Duke's body into the river Bandon, describing the act as "like it was nothing." Garda Aine O'Regan reported a large pool of blood in Grozavu's apartment and later found a male body face‑up in the river. Garda Kieran Murphy arrested Grozavu at about 1 a.m. on 14 November, citing assault causing harm to Duke. The trial, presided over by Mr Justice Paul Butler, is set to continue for two weeks.
Ciprian Grozavu, aged 42, was arrested on 13 November 2011 for the murder of Jonathan Duke, aged 27, at Bridge House, Sean Hales Place, Bandon, Co Cork. During his arrest, Grozavu told Gardaí that he had been attacked and that a woman named Catherine O'Connor had intervened, striking Duke with a glass bottle and saving Grozavu's life. He pleaded not guilty. The prosecution, led by Mr. Tim O'Leary SC, presented evidence that Duke was seen alive on the evening of 13 November and later found dead in the River Bandon, strangled and tied up. Garda Ciaran Ryan recounted that Grozavu was arrested at about 1 a.m. in his apartment and that the arrest was for assault causing harm to Duke. The trial, presided over by Mr. Justice Paul Butler, is scheduled to last two weeks. The case also references Ms. O'Connor's prior conviction for Duke's murder. The proceedings are ongoing.
The Central Criminal Court heard that Ciprian Grozavu (42) pleaded not guilty to the murder of Jonathan Duke (27) on 13 November 2011 at Bridge House, Bandon. The prosecution presented evidence that Duke was seen alive that evening and later found dead in the River Bandon. Retired Garda Pat Dolan testified that the body was recovered face‑up with black flex around the neck, a black lace tied to the left ankle, a grey lace around the neck, a white flex over the right knee and purple marks on both arms. Denis Boyle, a resident of Bandon, described seeing Duke on the steps of Bridge House with a woman and a man he called the "Romanian chippy." The jury was told that Grozavu, his girlfriend Catherine O'Connor, and the "Romanian chippy" were present that night, had been drinking, and that Grozavu and O'Connor were involved in the assault and disposal of Duke into the river.
In a Central Criminal Court hearing, Ciprian Grozavu, aged 42, pleaded not guilty to the murder of Jonathan Duke, aged 27, who was found strangled and "trussed up" in the River Bandon on 13 November 2011. The prosecution presented evidence that Duke was seen alive that evening at Bridge House, Bandon, and later discovered dead in the river. Witnesses from apartments 2 and 3 reported a serious commotion, with one individual stepping into the hallway to investigate. The court heard that Grozavu, Duke, and Catherine O'Connor—who had previously been convicted of Duke's murder—were together that night, had consumed alcohol, and that Grozavu and O'Connor were involved in assaulting and disposing of Duke. Gardaí testimony included attempts to enter apartment 3 and blood patches on the stairs. The trial, presided over by Mr Justice Paul Butler, is expected to last two weeks.
In 2015, Jamie O'Brien (21) and Eddie Murphy (26) assaulted Mark Lahive at a Cork business park, using an iron bar to severely beat him for about four minutes. The attack left Lahive with life‑changing injuries, including a comminuted skull fracture, multiple limb fractures, and brain bruising that caused weakness in both limbs. Both men pleaded guilty to assault causing serious harm, and Murphy also pleaded guilty to robbery. Judge David Riordan originally sentenced Murphy to eight‑and‑a‑half years (18 months suspended) and O'Brien to six years (one year suspended). The Director of Public Prosecutions appealed, arguing the sentences were unduly lenient. The Court of Appeal, led by Justice George Birmingham, increased Murphy's term to eight‑and‑a‑half years and O'Brien's to six‑and‑a‑half years, citing the severity of the assault and the need for a more substantial penalty.
A 53-year-old Cork man has been remanded in custody pending sentencing following his conviction for membership of an unlawful organisation styling itself the Irish Republican Army. Martin McHale, with an address in Togher, Cork, was convicted by the Special Criminal Court last month after denying the charge. He had claimed to gardaí that he travelled to Monaghan for a social visit and was unaware of approximately 500 kilogrammes of agricultural fertiliser found in a van he was driving. Detective gardaí observed McHale and another man acting suspiciously at a filling station in the Monaghan area, which was under surveillance for dissident activity. Following a search, the fertiliser was discovered in the vehicle. Forensic analysis later identified McHale's DNA and fertiliser traces on a glove found in the van. The court found his account false and misleading. Assistant Commissioner Michael Finn gave evidence that he believed McHale to be an IRA member based on reliable information. McHale will be sentenced on 16 March.
A jury of eight men and four women was sworn in at the Central Criminal Court for the trial of Ciprian Grozavu, a 42‑year‑old Romanian, who pleaded not guilty to the murder of Jonathan Duke, 27, at Bridge House, Sean Hales Place, Bandon, Co Cork, on 13 November 2011. The trial, presided over by Mr Justice Paul Butler, is scheduled to begin that afternoon and is expected to last two weeks.
Jonathan Turley, 35, of Clandeboye Drive, Belfast, surrendered to Northern Ireland authorities after being wanted for kidnapping and assaulting his ex‑partner. He was arrested in May last year under a European Arrest Warrant and appeared briefly at the High Court in Dublin. Turley admitted awareness of the allegations, including kidnapping, assault, and a dangerous driving charge. The judge confirmed his voluntary surrender, noted his legal advice, and ordered his extradition within twenty days, following an eight‑month prison sentence backdated to April.
Colin Culhane, 35, of Courtbrack Accommodation, Limerick, pleaded guilty to eight burglary counts committed over an eight‑month period in 2014. At the Limerick Circuit Criminal Court on 1 October 2015, Judge Tom O'Donnell imposed concurrent five‑year sentences for counts 1‑6 and wholly suspended consecutive two‑year terms for counts 7‑8. The Director of Public Prosecutions appealed, arguing the sentence was "unduly lenient". In a fresh hearing, a three‑judge court, led by Mr Justice John Edwards, found that the original judge erred by suspending the entire consecutive two‑year terms. The Court of Appeal re‑sentenced Culhane to three years' imprisonment, with the final two years suspended, and required him to serve an additional year in custody consecutive to the five‑year sentences for the first six counts. The decision was based on the policy that offences committed while on bail should attract consecutive sentences involving actual custody.
In a Cork case, a 27‑year‑old man with significant intellectual difficulties was sentenced to seven years' imprisonment for raping his seven‑year‑old nephew on three occasions between 2009 and 2011. The trial, lasting eight days, found the defendant guilty of three counts of rape. Judge Paul Coffey noted the age gap and the betrayal of trust, as the nephew's mother had allowed the man to stay in the family home. He acknowledged the defendant's disability but held him morally culpable, stating he knew his actions were wrong. The judge suspended the final six months of the term on the condition that the defendant participate in a sex‑offender treatment programme while in custody. He also imposed seven years of post‑release supervision, citing a high risk of re‑offending. The mother's victim impact statement expressed shock at the betrayal and a desire for justice. The unnamed 27-year-old pleaded not guilty and was convicted.
A Cork man has been convicted of membership of the Irish Republican Army at the Special Criminal Court following a trial centred on the discovery of half-a-tonne of fertiliser in a van he was driving in Monaghan. Martin McHale, aged 53, had pleaded not guilty to the charge. The court heard that McHale told gardaí he had travelled to Monaghan for a social visit and was unaware of the ammonium nitrate-based fertiliser bags found in the borrowed vehicle. Detective gardaí became suspicious after observing two men in a van at a filling station in Monaghan town on the night in question, and subsequent searches revealed ten 50kg bags of fertiliser. Ms Justice Isobel Kennedy found McHale guilty, stating the three-judge court was satisfied the prosecution proved its case beyond reasonable doubt. The judge determined McHale's account lacked credibility and noted his failure to answer material questions during garda interviews. McHale was remanded on continuing bail pending sentencing on March 6th.
A 30‑year‑old Cork man was found guilty of raping his former partner on 8 September 2013. He pleaded not guilty to the rape but pleaded guilty to forcing her to give him oral sex and to assault causing harm on 10 July 2013. The jury returned a guilty verdict on the rape after nearly four‑and‑a‑half hours of deliberation. The man has 16 previous convictions, including rape and aggravated sexual assault, and is serving a 12‑year sentence. He will be sentenced on 8 May. The victim, aged 26, described how the man grabbed her by the hair, forced her head between his legs, shouted "Suck my cock bitch," and forced her to perform oral sex. She escaped to the bathroom, then was assaulted again while her 15‑month‑old son cried. She later reported the incident to gardaí and sought help from the Rape Crisis Centre.
At the Special Criminal Court in Dublin, closing arguments concluded in the trial of a Cork man charged with membership of an unlawful organisation styling itself the IRA. Martin McHale, aged 53, of Blackwater Grove, Togher, Cork, has pleaded not guilty to the charge relating to 2 November 2013. Prosecution counsel Anne-Marie Lawlor contended that Mr McHale's account to gardaí—that he travelled to Monaghan for a social occasion unaware of ten bags of nitrogen fertiliser in the van—was false and deliberately misleading. She highlighted inconsistencies in his statements, his refusal to identify the van's owner, and DNA evidence on gloves recovered from the vehicle. The defence argued Mr McHale cooperated fully with gardaí and may have been unknowingly used by others. The three-judge court, presiding Justice Isobel Kennedy alongside Judge Gerard Griffin and Judge Gerard Haughton, will deliver judgment on 22 February.
The Special Criminal Court trial of Martin McHale, 53, of Cork, continues before Ms Justice Isobel Kennedy and two other judges. McHale has pleaded not guilty to membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, on November 2nd, 2013. The prosecution alleges he was involved in nefarious activities associated with IRA membership. Assistant Garda Commissioner Michael Finn testified that he "100%" believed McHale was an IRA member, based on material he claimed privilege over for State security reasons. Finn stated his opinion was formed through "common sense" and 35 years of police work, noting that disclosing the underlying intelligence would risk lives and ongoing operations. Detective Inspector Bill Hanrahan provided evidence that McHale had attended court in 2005 during the prosecution of Don Bullman, who was subsequently convicted of IRA membership and jailed for four years. Hanrahan also noted that three individuals, including Paul Walsh, visited Monaghan Garda station the day after McHale's arrest seeking to speak with him. Forensic Science Ireland's Dr Edward Connolly testified that a DNA profile matching McHale was found on green gardening gloves removed from the van, while DNA on the fertiliser bags came from an unknown male source. The trial was adjourned and continues tomorrow.
A 53-year-old Cork man accused of membership of an unlawful organisation styling itself the Irish Republican Army has pleaded not guilty to the charge. The Special Criminal Court in Dublin heard that Martin McHale told gardaí he travelled to Monaghan in November 2013 for "a drinking session" and was unaware that a borrowed van contained bags of nitrogen fertiliser. Detective Garda Emmett Ryan told the court he became suspicious when Mr McHale and another man could not adequately explain their presence at a filling station in Monaghan town, an area monitored for dissident activity. Gardaí subsequently discovered fertiliser in the vehicle. Dr Thomas Hannigan of Forensic Science Ireland gave evidence that the material contained 79 per cent ammonium nitrate by weight and could be used as an ingredient in improvised explosive mixtures, though he could not determine the material's intended purpose. Mr McHale denies IRA membership and political involvement. The three-judge trial continues.
The Special Criminal Court has heard evidence in the ongoing trial of Martin McHale, a 52-year-old Cork man who has pleaded not guilty to membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA. The prosecution alleges McHale was involved in nefarious activities associated with IRA membership. Testimony from Detective Garda Emmett Ryan detailed an incident on November 1st, 2013, where McHale was found in a blue Hiace van at a Monaghan filling station. The van contained bags of nitrogen fertiliser, a component of homemade explosives. Gardaí checked the PULSE system and found intelligence entries linking McHale to individuals previously convicted of IRA membership, including Don Bullman, who was convicted by the Special Criminal Court in 2007 of IRA membership and jailed for four years. Prosecuting counsel Anne-Marie Lawlor BL stated the primary strand of the case will rely on evidence from Assistant Commissioner Michael Finn, who believes McHale was an IRA member on the date in question. The court will hear from seven garda interviews where McHale refused to answer questions about the van. The trial continues before Ms Justice Isobel Kennedy, sitting with Judge Gerard Griffin and Judge Gerard Haughton.
Sean Walsh, 50, of St John's Well, Fair Hill, Co Cork, was charged on 14 December 2016 with membership of the Irish Republican Army, an unlawful organisation. At a bail hearing in the High Court, the State objected to his bail application, citing the seriousness of the charge. Detective Sergeant Patrick Murphy and Chief Superintendent Barry McPolin presented evidence under Section 2A of the Bail Act, arguing that bail would risk the commission of a serious offence. Judge Paul Coffey agreed, refusing bail and remanding Walsh in custody.
Kevin Mulcahy, a former GP aged 57 from Cork, was convicted of indecently assaulting a 15‑year‑old patient in 1989. After a retrial at Cork Circuit Criminal Court, he was found guilty following 39 minutes of deliberation and sentenced to two years' imprisonment by Judge Seán Ó Donnabháin on 25 November 2015. His appeal against conviction was dismissed in October, and he was re‑sentenced to 12 months' imprisonment following a sentence appeal. During case‑management procedures in the Court of Appeal, Justice George Birmingham directed that a legal‑aid certificate be issued to cover the hearing of a Supreme Court appeal. Justice John Edwards, who had previously ruled on Mulcahy's unsuccessful appeal, noted that Mulcahy had regularly visited the complainant's home to treat her mother, and that during one visit he allegedly touched the patient's vagina. Mulcahy was arrested and interviewed in 2011 on the complaint of indecent assault. Kevin Mulcahy pleaded not guilty.
In February 2017, Cornelius Minihane, a fisherman from Castletownbere, Cork, brought a High Court action against Skellig Fish Limited, alleging the company failed to honour a contract to sell him 324 gross tonnes of fishing capacity for €900,000. Minihane claims the company has not completed the deal and may attempt to transfer the capacity to another party, which he says would cause irreparable damage to his economic interests. He had paid a €90,000 deposit and commissioned a new trawler costing €6 million, financed partly by a loan from AIB. Minihane also expressed concerns after learning that Skellig Fish's shareholders had sold shares to Spanish investors. On ex‑parte, Mr Justice Paul Gilligan granted a temporary injunction preventing Skellig Fish from selling, alienating, charging or mortgaging the fishing capacity, and adjourned the case to the following week. The injunction protects Minihane's interest pending further proceedings.
The Court of Appeal upheld a 73‑year‑old man's four‑year jail term for sexually assaulting his granddaughter. The man had pleaded not guilty at Cork Circuit Criminal Court to four counts of assault between July and October 2013. He was originally sentenced to seven years, with the final three years suspended, by Judge Seán O'Donnabháin on 21 April 2016. The Director of Public Prosecutions appealed, arguing the sentence was too lenient, while the man's lawyers cross‑appealed, claiming the man could die before serving the term. The Court of Appeal, hearing arguments about the man's frailty and multiple medical difficulties, found the sentence within the margin of appreciation for sentencing judges and dismissed the appeal, thereby upholding the four‑year custodial term. The man did not attend the hearing.
Bill O'Driscoll and Damien Fitzgerald, both of Cork, have appealed their convictions for assault causing serious harm and robbery against Karol O'Keefe, allegedly committed on November 25, 2013, at the Quarry Steps, Windsor Cottages, St Luke's. The men, who pleaded not guilty, were found guilty by a jury and sentenced to eight years' imprisonment by Judge David Riordan on June 15, 2015. In their appeal before a three-judge court, their lawyers argued that the trial judge erred by failing to direct an acquittal due to insufficient evidence. Counsel Elizabeth O'Connell SC submitted that while blood evidence linked the men to the scene, there was no proof they struck the victim, noting another man had pleaded guilty to the counts. Vincent Heneghan SC added that there was no evidence O'Driscoll made contact with the victim or the stolen phone. Prosecuting counsel Dermot Sheehan BL countered that the blood evidence and CCTV footage of Fitzgerald possessing the phone were sufficient to go to the jury. The court, comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Edwards, reserved its judgment, indicating it hopes to deliver its decision as soon as possible. The matter remains pending and has not been finalised.
Two Cork men, Jamie O'Brien, aged 20, and Eddie Murphy, aged 26, pleaded guilty to assault causing serious harm and robbery on Mark Lahive in April 2015. Judge David Riordan sentenced Murphy to eight‑and‑a‑half years, with 18 months suspended, and O'Brien to six years, with one year suspended, on 20 November 2015. The Director of Public Prosecutions has appealed, arguing the sentences were unduly lenient. The Court of Appeal, a three‑judge panel, has reserved judgment. During the hearing, counsel highlighted the severity of the assault, the victims' lifelong injuries, and the defendants' admissions and remorse. The court will decide whether to increase the sentences after the appeal is considered.
Michael Gilmartin, 46, of Cobh, was denied bail by the Special Criminal Court after being charged with possession of a semi‑automatic 9mm Walter pistol, a sawn‑off shotgun and 22 rounds of ammunition, and with membership of the Irish Republican Army. The State argued that bail would risk a serious offence, and the court agreed, remanding him in custody until a further hearing on 25 January. The judge noted Gilmartin's claim of wanting to provide for his partner and child, but the court refused his application.
Edward Hanrahan faced the Court of Appeal in January 2017 following the dismissal of his judicial review proceedings in the High Court. Originally charged with three burglaries in Galway District Court in December 2009, Hanrahan absconded before his scheduled March 2010 hearing. He evaded gardaí for several years across multiple counties before being apprehended in a Donegal village in November 2014 whilst allegedly attempting to cross the border. Upon his recapture, two charges were withdrawn but one remained. The Director of Public Prosecutions subsequently directed trial in the Circuit Court rather than summarily. Hanrahan contested this decision as unfair and sought judicial review. The High Court rejected his application, finding no procedural breach. The Court of Appeal unanimously upheld this judgment, with Mr Justice George Birmingham stating the uncertainty surrounding the original District Court proceedings could not benefit Hanrahan, who bore sole responsibility for his flight and consequent circumstances.
Patrick O'Driscoll, 42, of Codrum, Macroom, was found guilty by a jury of 61 counts of raping his eldest daughter, Ellen O'Driscoll, aged 16 to 17, between 2008 and 2009. He denied the charges. In the Central Criminal Court, Mr Justice Paul Butler sentenced him to ten years' imprisonment, with the final year suspended on conditions including no contact with his daughter. The judge noted O'Driscoll's otherwise "blameless life" and his role in rearing the rest of his family. Ellen O'Driscoll, 24, had previously waived anonymity and stated in a victim impact statement that she feels she is serving a life sentence, having been isolated from her family and community after the abuse. The trial highlighted the weekly nature of the assaults and the family's support for O'Driscoll despite the conviction. The sentencing took place after a week‑long trial in November.
Larry McCarthy, 37, of Limerick, was denied compassionate bail by the Special Criminal Court to attend his grandmother's funeral. McCarthy faces multiple charges: threatening to kill Noel Moore and to damage Moore's house on 28 July 2015, and threatening unlawful violence with two others and assaulting David Foran on 25 November 2014. The court had previously set trial dates for these offences. The State objected to the bail application, citing McCarthy as a serious flight risk and the potential to interfere with witnesses. Detective Sergeant John Cleary and defence counsel Mark Thompson BL argued for bail, but no conditions were offered to satisfy the court's concerns. Judge Paul Butler, with Judges Robert Eagar and Sinead Ni Chulachain, upheld the refusal, noting no change in circumstances since the prior denial under Section 2A of the Bail Act. The decision was made on Friday, 30 December 2016.
Sean Walsh, 50, of St John's Well, Fair Hill, and Joseph Walsh, 36, of Glengarriff Road, Fair Hill, Co Cork, were arrested last week in Cork with Michael Gilmartin, 46, of Chestnut Drive, Cluain Ard, Newtown in Cobh. All three men were charged on 14 December 2016 with membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh Na hÉireann, otherwise the IRA. Gilmartin was also charged with possession of a semi‑automatic 9 mm Walter pistol, a sawn‑off shotgun and 22 rounds of ammunition. At the Special Criminal Court in Dublin, the State objected to the men's bail applications, citing the seriousness of the charges. Detective Sergeant Patrick Murphy and Chief Superintendent Barry McPolin gave evidence that the refusal of bail was necessary to prevent the commission of a serious offence under Section 2A of the Bail Act.
Diarmuid Manning, 21, was sentenced to four and a half years in prison after admitting he raped a 19‑year‑old college student at a house party in Cork on 24 June 2014. The victim, who was unconscious and later treated at Cork University Hospital, described the assault in a victim impact report read at the Central Criminal Court. Manning, a business studies student from Stuke, Donoughmore, pleaded guilty to rape and oral rape. He apologized, claiming he had overdone it while drinking, and expressed hope that the victim would recover and forgive him. The judge noted the victim's compassion and the seriousness of the crime, remanding Manning to custody after hearing the evidence.
Ellen O'Driscoll, aged 24, gave a victim impact statement to the Central Criminal Court on 19 December 2016, saying her family has been torn apart after she accused her father, Patrick O'Driscoll, of repeatedly raping her between 2009 and 2009 when she was 16‑17. She said her mother, sisters, brothers, uncles and aunts all took her father's side, leaving her isolated from the Traveller community. O'Driscoll described the abuse as weekly, involving forced entry into the parents' bedroom, bondage, and rape, after which her father behaved as a normal loving father. She also said she was prevented from attending school and threatened with death if she disclosed the abuse. The trial, held last month, found Patrick O'Driscoll guilty of 61 counts of rape; he denied the charges. He is in custody and will be sentenced by Mr Justice Paul Butler on 17 January 2017. Ellen O'Driscoll was found guilty.
Three men were charged at the Special Criminal Court on 14 December 2016 with membership of the Irish Republican Army, an unlawful organisation. Sean Walsh, aged 50, was arrested at 7.47pm in Cobh under Section 30 of the Offences Against the State Act and brought to Cobh Garda Station. Joseph Walsh, aged 36, was arrested at 7.46pm in Cobh by Detective Garda Oisin Cotter and charged with the same offence. Michael Gilmartin, aged 46, was arrested at 7.41pm in Midleton by Detective Garda Geraldine Daly under Section 30 of the Offences Against the State Act and for possession of firearms in suspicious circumstances. Gilmartin was also charged with possession of a semi‑automatic 9mm Walter pistol, a sawn‑off shotgun, and 22 rounds of ammunition under Section 27a of the Firearms Act. All three men were remanded in custody until the next Wednesday for bail hearings and legal aid applications.
Gediminas Zigmantas, a 35‑year‑old Lithuanian, had his eight‑year prison sentence for robbing a prostitute at Cork's Metropole Hotel reduced to six years on appeal. He pleaded guilty to false imprisonment and robbery in 2015. The Court of Appeal, led by Justice Garrett Sheehan, found the original eight‑year term "somewhat excessive" compared with similar cases from 2003 to 2013. Zigmantas had previously been convicted of a similar robbery in Ennis, receiving a five‑year sentence with 18 months suspended, which he was serving when the new sentence was imposed. The appeal court noted that Zigmantas showed no remorse and that the victim, Sylvia, was freed after 20 minutes with minimal injuries. The court therefore mitigated the sentence to six years imprisonment.