Court archive

Court reports mentioning Cork

2014-07-31 · Cork

Convicted murderer who came here after conditional release to be surrendered to UK

Michael Anthony Balmer, 62, a convicted British murderer, was brought to Ireland after his conditional release from UK prison in 2011. He had been sentenced to life imprisonment in 1984 for killing a woman in Devon, England, in 1983. In March 2012 his release licence was revoked and he was arrested in Cork. Judge John Edwards ordered his surrender to UK authorities, remanding him in custody until a written judgment is issued on 8 September. Balmer's counsel argued that surrender would subject him to preventative detention after serving the punitive part of his sentence.

2014-07-30 · Cork

Cork building firm that owes NAMA more than €70 million to be wound up

The High Court appointed provisional liquidators for O'Brien and O'Flynn Ltd Building Contractors, a Cork‑based firm owing the National Assets Management Agency (NAMA) €71.2 million. The company's directors, brothers Dan and Denis O'Flynn, were heard to have assets worth less than half the debt. NAMA had taken over loans from the Bank of Ireland and AIB in 2010 and 2008, and had been providing financial support until recently. Counsel for NAMA, Robert Fitzpatrick, argued that the firm was insolvent on both balance sheet and cash‑flow bases and that urgent liquidation was needed to prevent asset dissipation. The court, satisfied with the urgency, appointed John McStay and Tom Rogers of McStay Looby as joint provisional liquidators, with the matter adjourned to a next‑month hearing.

2014-07-23 · Cork

High Court orders winding up of Cork Credit Union

In a High Court hearing on 23 July 2014, Mr Justice Nicholas Kearns ordered the winding up of Berehaven Credit Union (BCU), a Munster‑based credit union with 3,500 members. The Central Bank had requested the order after learning in 2010 of serious governance and financial problems at BCU, including irregular lending to connected parties, failure to meet regulatory reserve requirements, and a negative regulatory reserve ratio of –3.8%. The bank had directed BCU to limit lending, cap investments, and restore its regulatory reserve ratio to 10%, but BCU could not raise the €1.3 million needed to comply. The court appointed Jim Hamilton and David O'Connor of BDO Ireland as provisional liquidators, noting that an orderly wind‑up was in the public interest and would protect depositors under the €100,000 guarantee scheme. The case was adjourned for a week to allow further proceedings.

2014-07-07 · Cork

Cork woman who smothered her son gets suspended sentence

Diane Ward, 44, of Harrison Place, Charleville, pleaded guilty to manslaughter for smothering her eight‑year‑old son Anthony on 3 September 2012. She had previously pleaded not guilty to murder but later admitted manslaughter. The court noted that Ward had taken a significant overdose before Anthony's death and that she feared no one would care for him if she committed suicide. A rift over Anthony's ADHD treatment and school return added pressure. Dr Helen O Neill reported Ward's mental state as stable and cheerful, with low acute risk but ongoing concerns about long‑term suicide risk. Mr Justice Barry White imposed a seven‑year suspended sentence, ordering Ward to attend Carrigmore as a voluntary patient under Dr Martin Lawlor's regime until deemed suitable for community return. The sentence reflects the court's view that a non‑custodial approach was appropriate given Ward's mental state and the father's charitable stance.

2014-06-30 · Dublin

Market Bar shareholders dispute comes before court

In a High Court hearing on 30 June 2014, businessman Jonathan Bourke sued fellow shareholders John Reynolds and Eoin Foyle, along with Mercroft Taverns Ltd, over a claimed dilution of his shareholding, his dismissal from employment at The Market Bar, and removal as a director. Bourke alleges that at a purported meeting on 9 May, the company decided to dilute his shares, oust him from his role, and strip him of directorship. He seeks court orders to set aside those decisions, to restrain his removal as director, to maintain his employment status and salary, and to prevent Reynolds from presenting himself as the majority shareholder. Reynolds and Foyle were not represented when the case was mentioned, and the court granted an adjournment and permission to serve the papers by post. The proceedings were adjourned to later in the month.

2014-05-29 · Cork

Cork man jailed for life for murder of mum-of-three

A 37‑year‑old man, Darren Murphy, was sentenced to life imprisonment for the murder of 36‑year‑old Olivia Dunlea, who was his partner for three months. The trial, held in the Central Criminal Court, lasted seven days. Murphy pleaded not guilty to murder but attempted to plead guilty to manslaughter. He admitted setting fire to Dunlea's home, claiming he did not want children to see her, and pleaded guilty to a second charge of arson. The jury found him guilty of murder by a 10‑to‑one majority after four and a half hours of deliberation. The judge imposed a mandatory life sentence, backdated to the date of his arrest, and remanded him in custody for the arson charge. The verdict was met with sobbing from Dunlea's family, while Murphy remained silent throughout the proceedings.

2014-05-28 · Cork

Cork murder accused watched from hill "like Nero" as house burned, jury told

Darren Murphy, 37, pleaded not guilty to murder of his girlfriend Olivia Dunlea, 36, and guilty to arson of her house on 17 February 2013. The jury heard that the couple had been together for about three months and had a heated argument the night before the death. Prosecutor Thomas Creed argued that Murphy, described as possessive, had checked Dunlea's texts, drove past her home at 3 am, and then set the house on fire while she was inside. He claimed Murphy watched the blaze from Church Hill "like Nero" and left her in a situation where she could have been saved. Defence counsel Michael Delaney presented a narrative of provocation, citing a prior relationship with another man, Fás, and alleged that Murphy's loss of self‑control was sudden. The jury deliberated for 2 hours 17 minutes before returning the next day. The case remains at the trial stage.

2014-05-28 · Cork

Man formerly serving life sentence faces extradition over escaping English prison

A 66-year-old man is facing potential extradition to the United Kingdom following his escape from an English prison where he was serving a life sentence for murder. The man had completed twenty-eight years of his sentence before absconding and subsequently relocating to Ireland. He has been resident in the State for eight years, latterly in County Leitrim, having previously lived in County Cork. At a hearing in the High Court, counsel for the Minister for Justice and Equality informed the court that the respondent had expressed remorse for his offence and claimed to have been rehabilitated during his time in Ireland. Counsel for the respondent submitted that his current circumstances rather than historical matters ought to be the focus of the proceedings. Mr Justice John Edwards adjourned the matter, with judgment expected on 27 June 2014.

2014-05-27 · Cork

Gardai tell murder trial there was no discussion with accused before interview

In a murder trial in Dublin, Darren Murphy, 37, is charged with killing 36‑year‑old Olivia Dunlea in her Pembroke Crescent home on 17 February 2013. He has pleaded not guilty to the murder but guilty to arson after stabbing her. During his final interview, his barrister Michael Delaney SC questioned Garda Sergeant Anthony Harrington about a nine‑and‑a‑half‑minute gap between Murphy's release from the cell and the recorder being turned on, suggesting a pre‑interview discussion. Harrington denied any discussion, citing possible discrepancies between the station clock and the recorder. Detective Garda James Nagle agreed that no discussion had taken place. The jury heard testimony from Sergeant Stephen Dennehy about a watch inscription on Dunlea's body. The prosecution has closed its case before Mr Justice Paul Carney and a jury of eleven.

2014-05-26 · Wexford

Wanted former Wexford hurler now in Northern Ireland, High Court told

Paul Codd, a former All-Ireland winning Wexford hurler, has a warrant for his arrest due to his refusal to cooperate with his bankruptcy proceedings. The High Court judge was informed that the warrant could not be executed because Codd is currently residing in Northern Ireland, outside the jurisdiction. Codd had previously been jailed in December 2013 for alleged non‑compliance with the bankruptcy process and was released after providing a statement of affairs and promising to cooperate. He had given sworn undertakings in January to work with the court‑appointed official, Mr Chris Lehane, and to return leased machinery, but failed to meet with Lehane and did not return items leased by Friends First Finance and Deutsche Leasing Ireland. The court adjourned the matter pending the execution of the warrant once Codd returns to the jurisdiction.

2014-05-23 · Cork

Text messages between deceased and murder accused were of good nature, court hears

In a murder trial, the court heard that text messages exchanged between the deceased, Olivia Dunlea, and the accused, Darren Murphy, were of a friendly nature in the days leading up to her death. Murphy, 37, pleaded not guilty to murder but guilty to manslaughter, and also pleaded guilty to arson on Dunlea's home. The court noted that for about three months prior to the incident, the pair were "an item." On the night before her death, they were at the Rochestown Inn, then had a quarrel at home. Murphy claimed he "just snapped" after a confrontation, describing a rapid escalation to a knife attack. Garda testimony indicated extensive texting of a good nature, no evidence of conflict, and that Dunlea's phone was destroyed by Murphy. The case proceeded to a jury hearing on Monday.

2014-05-22 · Cork

Murder accused told gardaí knife "no sooner in my hands than it was in her neck"

In a Central Criminal Court hearing on 22 May 2014, a 37‑year‑old man named Darren Murphy pleaded not guilty to the murder of 36‑year‑old Olivia Dunlea, whom he had dated for three months. He also pleaded guilty to arson of the deceased's home on the same night. Murphy told the court that a knife was "no sooner in my hands than it was in her neck" after a heated argument. He described how he stabbed Ms Dunlea at the back of the neck, then tried to leave the scene, wiping the knife on a pillow and discarding it in the toilet to stop a ringing phone. A taxi driver, Thomas Farrell, testified that he and Ms Dunlea had been friends and had a one‑night stand months earlier, but had no further contact. The case was set to continue before a jury the following day.

2014-05-21 · Tipperary

Tipperary man told gardai he "let a shot" at deceased man

In the trial of Maurice Power, 31, of Dranganbeg, Kilmoyler, Cahir, the accused pleaded not guilty to the murder of 29‑year‑old Shane Rossiter on 17 October 2013. Power admitted to the Gardaí that he had "let a shot" at Rossiter at 6.45 am that morning. He claimed the shooting was a "kill or be killed" situation, citing a seven‑year history of conflict and a belief that he was being set up. Power said he fired a sawn‑off shotgun twice – once from the passenger seat of his car and again from inside Rossiter's house – killing him in the chest and on the right side. He also stated that he had burned his car and disposed of the weapon. The case is proceeding before a jury presided by Ms Justice Deirdre Murphy.

2014-05-21 · Cork

Murder accused told gardaí he lit deceased woman's home on fire because he didn't want her kids to find her

A 37‑year‑old man, Darren Murphy, was accused of murdering Olivia Dunlea, 36, in Passage West, Cork, on 17 February 2013. He pleaded not guilty to murder but guilty to manslaughter, and he also pleaded guilty to arson on the victim's home. During the trial, Murphy admitted to handing over a pair of clothes to Gardaí that were not his, claiming they were worn on the night the body was found. He explained that a heated argument in a taxi and at the victim's house led him to stab her twice with a knife he described as a long blade with a red handle. Murphy said he lit the house on fire because he did not want her three children to find her body. He also admitted to suffering from depression and having stopped taking medication. The case was set to continue before a jury the following day.

2014-05-20 · Cork

Cork murder accused "snapped" and grabbed nearby knife, jury will hear

A 37‑year‑old man, Darren Murphy, stands trial in the Central Criminal Court for the murder of Olivia Dunlea, 36, who lived in Pembroke Crescent, Passage West, Co Cork. Murphy, who had been in a relationship with Dunlea for three months, pleaded not guilty to murder but guilty to manslaughter and to arson on her home. Prosecutor Thomas Creed SC presented evidence that the body was found in an upstairs bedroom after a fire, with six stab wounds to the neck and inhalation of toxic fumes. Murphy admitted he "snapped" and grabbed a knife, lit a quilt beside the bed and a roll of tissue paper on the kitchen table before leaving the house. He was arrested at 10:30 pm on 17 February 2013, cautioned and detained at Togher Garda Station. The case was set to continue before a jury of seven men and five women with Mr Justice Paul Carney presiding.

2014-05-19 · Cork

Man to stand trial charged with murder of 36-year-old woman

Darren Murphy, 37, of Passage West, Co Cork, is set to stand trial for the murder of 36‑year‑old Olivia Dunlea, who was found dead at Pembroke Crescent on 17 February 2013. He has pleaded not guilty to the murder charge, but has admitted guilt to a second charge of damage by fire to the same house. The jury, composed of seven men and five women, will hear the case before Mr Justice Paul Carney, with the trial expected to last one week.

2014-05-13 · Cork

GSOC drop investigation of garda acquitted of assault

In May 2012 a 16‑year‑old boy was arrested in Cork City and pepper‑sprayed by Garda Brendan Dowling and Garda Fiona Sheehan. The teenager complained of assault, prompting the Garda Ombudsman Commission (GSOC) to investigate. GSOC's findings led the Director of Public Prosecutions to prosecute both officers. At Cork District Court, CCTV footage and the teen's testimony were presented; the prosecution withdrew, and the charges were struck out. Dowling was acquitted. After the acquittal, GSOC announced a fresh investigation into Dowling's conduct, alleging abuse of authority. Dowling sued in the High Court to stop this investigation, arguing it breached natural justice. Judge Gerard Hogan, with consent from both parties, quashed GSOC's decision to open a new inquiry and prohibited GSOC from investigating Dowling regarding the May 12, 2012 incident. The case concluded with no further action against Dowling. The unnamed teenager had the case dismissed.

2014-05-13 · Cork

Widow unable to recover six figure sum awarded for workplace accident

Helen Guiney, a widow from Kiskeam, Mallow, Cork, was awarded €794,765 in damages after her husband John died in a work‑related accident at a site in Raheen, Carrigaline in November 2000. The award was obtained against his former employer, MJ Manning Construction Ltd., which has since ceased trading. The insurer, UK‑authorised Independent Insurance Company Ltd (IICL), entered provisional liquidation in 2001, and creditors of IICL were expected to recover only 10‑15% of their claims. Mrs Guiney applied to the Insurance Compensation Fund (ICF), established under the 1964 Insurance Act, to recover the balance. In May the Accountant of the High Court refused her application, stating that the policy held by MJ Manning with IICL did not fall within the 1964 Act as amended in 2011, because IICL was liquidated before the amendment. The Accountant also noted that responsibility for the claim lies with UK authorities supervising IICL.

2014-05-09 · Cork

Two Cork men jailed for six years for possession of handguns

The Special Criminal Court sentenced Anthony Carroll (31) and Brian Walsh (44) to six years' imprisonment for the unlawful possession of firearms. Both men pleaded not guilty to possessing a Walther PI 9mm semi-automatic pistol, a Smith & Wesson .22mm Magnum revolver, and 12 rounds of ammunition found in a van on Deanrock Avenue, Togher, on February 23, 2013. The court found sufficient evidence of joint enterprise and unlawful purpose. Justice Paul Butler imposed a seven-year sentence, reduced by one year for the manner of the trial, resulting in a net six-year term. Sentences were backdated to April 25, 2013, for Carroll and February 25, 2013, for Walsh. The State entered a Nolle Prosequi regarding a charge of IRA membership. Carroll's prior four-month suspended sentence for pepper spray possession was noted, with its lifting currently under appeal. The judge stated that neither defendant provided credible indications of future conduct to warrant further suspension.

2014-04-28 · Cork

Man jailed for ten years has half his sentence suspended on review

In 2009, Donal Heaphy, 59, was sentenced to ten years in prison for possessing €50,000 worth of cocaine on a train from Dublin to Cork. He pleaded not guilty but was convicted. The drugs were hidden in a gold‑coloured champagne box. In 2010 the Court of Criminal Appeal upheld the ten‑year sentence but ordered a review after at least half the term, citing Heaphy's drug addiction at sentencing. In 2014 the court reviewed the case after Heaphy had served five years. Judge Adrian Hardiman suspended the remaining five years, allowing Heaphy to be released on condition of probation, abstaining from drugs and alcohol, and remaining under supervision. The court noted that relapse could lead to a return to prison. The decision was based on a favourable prison officer report and Heaphy's age and stability. The review was conducted under the Criminal Justice Act 1999. The sentence remains suspended pending compliance with probation conditions.

2014-04-11 · Cork

Two Cork men guilty of possession of handguns found in pencil case

Two Cork men, Anthony Carroll (30) of Curaheen Close, Bishopstown, and Brian Walsh (43) of Connolly Road, Ballyphehane, were found guilty by the Special Criminal Court of the unlawful possession of a Walther pistol, a Smith & Wesson revolver, and 12 rounds of ammunition at Deanrock Avenue, Togher, on February 23, 2013. Both pleaded not guilty to the charges, which also included the possession of a Walther PI 9mm calibre semi-automatic pistol, a magazine suitable for use with the Walther pistol, a Smith & Wesson .22mm Magnum calibre revolver with the serial number AEM 2000, six rounds of 9mm calibre ammunition suitable for use with the Walther PI 9mm calibre semi-automatic pistol, and six rounds of .22 long rifle rounds of ammunition suitable for use in a Smith & Wesson .22 magnum calibre revolver at the same address on the same date. The court heard that the firearms were found inside a pencil case in a van the men were stopped in. Mr Justice Paul Butler stated that the court was satisfied that both men were jointly involved in an enterprise that included the firearms and ammunition. He remanded Brian Walsh in custody for sentencing before the court on May 9 and remanded Anthony Carroll to Cork District Court, as he is currently serving a four-month suspended sentence imposed by that court.

2014-04-08 · Cork

Judgement on Friday in Cork handgun trial

In a Special Criminal Court hearing, Anthony Carroll (30) and Brian Walsh (43) pleaded not guilty to unlawful possession of a Walther pistol, a Smith & Wesson revolver and 12 rounds of ammunition found in a van on Deanrock Avenue, Togher, on 23 February 2013. Gardaí discovered the loaded firearms inside a pencil case in the van, with Carroll in the rear compartment and Walsh driving. Both wore forensic suits and the van contained rubber gloves, shoes, runners, plastic bags, a homemade wick and petrol cans. Firearms residue was detected on Carroll's face but not on Walsh's forensic kit. The prosecution argued that the accused were lawfully arrested and that failure to account for the firearms indicated joint involvement. The court was set to deliver judgment on Friday, with the accused maintaining their not‑guilty pleas for possession of the pistols, revolver and ammunition.

2014-04-07 · Cork

"Bury us together": Mother who smothered son left suicide note

In 2012, Diane Ward, 44, of Charleville, admitted to smothering her eight‑year‑old son Anthony at their home on 3 September. A suicide note reading "bury us together" was found in an envelope with paracetamol tablets. Ward claimed she had killed Anthony because she feared no one would care for him if she died. She had a history of recurrent depressive disorder and had previously attempted suicide. The court heard that Anthony had been diagnosed with ADHD in 2011, causing family conflict. Ward's sentencing was adjourned to 7 July by Mr Justice Barry White, who noted her desire to return to her community but also the high risk of suicide. The case remains pending, with no final sentence announced. Diane Ward pleaded guilty.

2014-04-04 · Cork

Prosecution case concludes in Cork handgun trial

In a Special Criminal Court hearing in Cork, the prosecution case concluded for Anthony Carroll, 30, and Brian Walsh, 43, who were charged with unlawful possession of two loaded handguns and ammunition. The weapons—a Walther pistol and a Smith & Wesson revolver—were found in a van's pencil case, alongside forensic suits, rubber gloves, shoes, runners, plastic bags, a wick and petrol cans. Both men pleaded not guilty to possession of the firearms, a Walther magazine, and six rounds of 9mm and six rounds of .22 ammunition. Counsel for Carroll requested a brief adjournment for clarification, and the judge adjourned the trial to the following week. No further details of the case were provided in the article.

2014-04-03 · Cork

Firearms residue found on man accused of handgun possession, court hears

In a Special Criminal Court hearing, forensic evidence showed firearms residue on Anthony Carroll, 30, of Bishopstown, but not on his co‑accused Brian Walsh, 43, of Ballyphehane. The case concerns the unlawful possession of a Walther pistol, a Smith & Wesson revolver, and 12 rounds of ammunition found in a pencil case in a van stopped on 23 February 2013. Carroll and Walsh pleaded not guilty to possession of the weapons and the ammunition. Forensic scientist Dr Brendan Healy examined residue kits, noting that the tubes contained adhesive tape used on the hands and face of the subject. He confirmed residue on Carroll's samples but none on Walsh's. The trial continues before Judge Paul Butler. The court heard that a firearm must be discharged to leave residue. The accused remain in custody pending further proceedings.

2014-04-02 · Cork

Cork men go on trial for possession of handguns found inside pencil case

Two men from Cork, Anthony Carroll, 30, and Brian Walsh, 43, are on trial in the Special Criminal Court for unlawful possession of firearms. They are accused of possessing a Walther PI 9mm semi‑automatic pistol, a compatible magazine, and a Smith & Wesson .22mm Magnum revolver with serial number AEM 2000, all found in a pencil case inside a van on Deanrock Avenue, Togher, on 23 February 2013. They also face charges for holding six 9mm rounds and six .22 long‑rifle rounds suitable for those weapons. The prosecution alleges that Gardaí observed the van, noted a hooded driver, and discovered the weapons after a search. Both men pleaded not guilty to the firearms offences. They are also charged with membership of an unlawful organisation, the IRA, but that charge is to be adjourned until the firearms case concludes. The trial is presided over by Judge Paul Butler.

2014-04-01 · Cork

Man charged with IRA membership to seek clarification on garda recordings

In the Special Criminal Court, Anthony Carroll, 30, and Brian Walsh, 43, are set to stand trial on charges of membership in the Irish Republican Army and unlawful possession of firearms and ammunition. The charges stem from an arrest on 23 February 2013, when Carroll and Walsh were found with a Walther PI 9mm pistol, a suitable magazine, a Smith & Wesson .22mm Magnum revolver, and six rounds of 9mm and six rounds of .22 long rifle ammunition. The prosecution, represented by Mr Garnet Orange BL, indicated that the trial would commence on Wednesday. Carroll's counsel, Mr Hugh Hartnett SC, announced that the defence would seek clarification on whether the Garda station where Carroll was detained had recording facilities during his consultations with his solicitor. Mr Orange confirmed that no such recording facilities existed and agreed that the best evidence would be used. He also noted that the membership charge might be kept in abeyance, potentially shortening the trial.

2014-03-24 · Cork

Reserved judgement in appeal brought by rapist who wore women's underwear

The Court of Criminal Appeal has reserved judgement on an appeal by Przemyslaw Jakubowski, 39, who was jailed for fifteen years for ambushing a woman in a Cork town public toilet and subjecting her to over half an hour of rape and sexual violence. Jakubowski, who had previously been convicted of attempted rape, was found guilty on eleven counts including rape, oral rape, anal rape, threats to kill, assault causing harm, sexual assault and false imprisonment, and not guilty on one count of oral rape. The appeal was based solely on the alleged invalidity of a search warrant used to introduce evidence from a search of Jakubowski's house. The Court of Criminal Appeal, presided over by Mr Justice Donal O'Donnell, has therefore reserved judgement.

2014-03-24 · Wexford

Court orders arrest of former GAA star

In March 2014, Judge Brian McGovern ordered the arrest of former Wexford hurler Paul Codd and his appearance before the High Court because he had not complied with bankruptcy undertakings. Codd had previously been jailed briefly in December 2013 for alleged non‑compliance, released after giving a statement of affairs and promising cooperation. He had sworn to cooperate in January 2014 and to return leased machinery, but failed to attend three scheduled meetings with the official assignee, Chris Lehane, and cancelled them via late‑night emails. Lehane claimed Codd was in contempt of court and sought a Section 23 order for arrest. Codd had also failed to return €500,000 of farm machinery leased by Deutsche Leasing Ireland. The case stems from a 2011 judgment of €530,326 that Codd could not satisfy, leading to his 2013 bankruptcy declaration and an estimated total debt of €4.9 million.

2014-03-24 · Cork

Woman who admitted killing her 8-year-old son has sentencing adjourned

Diane Ward, 45, of Charleville, pleaded guilty to manslaughter of her eight‑year‑old son on 3 September 2012. She was due to be sentenced at the Central Criminal Court on 24 March 2014, but the hearing was adjourned for two weeks. Prosecutor Timothy O'Leary said the status remained unchanged and requested an additional week before sentencing. Defender Mary Rose Gearty noted the case had already been adjourned several times. Justice Paul Carney set the new sentencing date for 7 April. Diane Ward pleaded not guilty.

2014-03-20 · Cork

Convicted Murderer's extradition case adjourned until May

Michael Anthony Balmer, 62, was sentenced to life imprisonment in 1984 for murdering a woman in Devon, England, on 28 July 1983. He was conditionally released on licence in March 2011, but the licence was revoked in March 2012 after he was found in Cork, where he was arrested by gardaí. Balmer's lawyers claim he has already served his life sentence, while the State argues that his surrender should be accepted to bring him to justice. The court considered whether the link between his original murder conviction and the present deprivation of liberty on public‑protection grounds was sufficient. Judge John Edwards noted that English punishment had ended and that continued detention for public protection was not acceptable under the Irish constitution. The case was adjourned until 6 May, with Balmer remanded in custody pending further proceedings.

2014-03-19 · Dublin

SIPTU facing costs bill for strike injunction

SIPTU was ordered to pay the costs incurred by the DAA and Ryanair for their successful injunction applications that prevented a four‑hour stoppage at Dublin Shannon and Cork airports. Judge Paul Gilligan ruled that the airline and the airport authority were entitled to their legal costs, and he placed a stay on the costs orders pending the outcome of the full action between the parties. Lawyers for Ryanair and the DAA had sought their costs because the court had issued orders preventing the strike, while SIPTU opposed the costs order, arguing it would be "draconian" and that the issue should be left until the case was decided. The judge noted that Ryanair had raised issues not brought by the DAA, so it was also entitled to its costs. The judge urged all sides to resolve the pension dispute.

2014-03-18 · Cork

Woman pleads guilty to killing her eight-year-old son

Diane Ward, 45, of Charleville, pleaded guilty to manslaughter for the 2012 death of her eight‑year‑old son. She appeared at the Central Criminal Court, where she denied murder but admitted manslaughter. The Director of Public Prosecutions accepted the plea. Psychiatric evidence was not yet available, so sentencing was postponed to the following Monday to allow time for that evidence to be presented. Diane Ward pleaded not guilty.

2014-03-12 · Dublin

High Court grants injunction prohibiting airport strike

In March 2014 the High Court, by Mr Justice Paul Gilligan, granted an injunction that prevented a four‑hour strike by Siptu members at Dublin, Cork and Shannon airports. The injunction was sought by the Dublin Airport Authority (DAA) and Ryanair, who argued the planned stoppage would be illegal and would cause major disruption to passengers and airlines. Siptu claimed the strike was a bona fide trade dispute over pension rights under the Irish Airlines Superannuation Scheme. The judge found the DAA's concerns about the legality of the Siptu ballot and the potential impact on airport operations compelling, and he was satisfied that damages would not be an adequate remedy. The injunction was based solely on the DAA's application; Ryanair's application was not considered. The court left the full hearing of the dispute to a later proceeding.

2014-03-11 · Cork

Man sentenced to prison for sixth no insurance conviction

Darren Fagan, a former sheet‑metal worker aged 24, was sentenced by Judge Dermot Dempsey at Swords District Court to five months' imprisonment and a ten‑year driving disqualification after pleading guilty to driving without insurance on 2 October 2013 at Barryscourt Road, Coolock. Fagan had 18 prior convictions, including five for no insurance, and was also found to be driving without a licence. Garda Janice Gray reported that Fagan had stopped in Coolock for the offence, apologised, and claimed he had bought the car for his partner to take their child to school. Fagan's solicitor noted that he had been dismissed from his metal‑sheet job in 2008, was hoping to become a gym instructor, and wanted to move to Germany where his sister lives. Judge Dempsey deemed community service unsuitable given Fagan's record, fined him €200 for the licence offence, and fixed recognisance pending appeal.

2014-03-11 · Dublin

Judgment on Wednesday in DAA/Ryanair action aimed at halting strike

The High Court will decide on applications by the Dublin Airport Authority (DAA) and Ryanair to stop a planned four‑hour strike by Siptu members at Dublin, Cork and Shannon airports on 14 March. The strike, scheduled from 5 a.m. to 9 a.m., is linked to a dispute over pension cuts in the Aer Lingus and DAA superannuation scheme. The DAA and Ryanair argue the action is illegal and would cause major disruption, seeking injunctions to prevent it. Siptu, represented by Richard Kean SC, maintains the stoppage is a legitimate trade dispute over pension rights and rejects claims that the ballot was flawed. The judge, Mr Justice Paul Gilligan, has reserved his decision and will rule on Wednesday afternoon. The case reflects ongoing tensions over the €780 million deficit in the Irish Airlines Superannuation Scheme.

2014-03-10 · Cork

Court being asked to "turn on the green light" for foreign criminals, lawyers for Justice Minister argue

During a High Court extradition hearing on 10 March 2014, lawyers for the Minister for Justice argued that the courts should allow the surrender of Michael Anthony Balmer, a 62‑year‑old convicted murderer from the UK. Balmer had been released on licence in March 2011, had his licence revoked in March 2012, and was arrested in Cork. His counsel, Patrick McGrath SC, claimed he had served the punitive part of his life sentence and that surrender would only expose him to preventative detention for public protection. The defence contended that the link between his 1984 murder conviction and the present deprivation of liberty was broken, as the original sentence was 30 years ago. Judge John Edwards noted that in English law the punishment had ended and that continued detention for public protection was not acceptable under the Irish constitution. The case was set to resume on 20 March 2014.

2014-03-07 · Dublin

DAA and Ryanair launch High Court action to prevent proposed strike

The Dublin Airport Authority and Ryanair have each filed separate High Court applications to stop a proposed Siptu strike scheduled for Friday 14 March, the day of St Patrick's weekend. The strike would involve a four‑hour stoppage at Dublin, Cork and Shannon airports, potentially grounding about 100 Ryanair flights carrying roughly 13,500 passengers. Ryanair's counsel argued the action was "opportunistic in the extreme", citing the busy weekend, the Ireland‑France rugby match and the Cheltenham horse‑racing festival as reasons the date was chosen to maximise harm. Ryanair seeks injunctions preventing Siptu members from striking at the three airports and declarations that the strike would be unlawful, interfering with the airline's economic rights. The DAA, represented by Mark Connaughton, also requested an early hearing, noting the urgency of informing airlines using Dublin Airport.

2014-03-04 · Cork

UK seeks convicted murderer who came to Ireland

In a High Court hearing on 4 March 2014, Irish authorities sought the surrender of Michael Anthony Balmer, 62, a convicted murderer who had entered Ireland two years earlier after conditional release from a UK prison. Balmer, last known to reside in Cornwall, England, was arrested by Gardaí in Ballydehob, Co. Cork in 2012 following his release from prison a year earlier. The Minister for Justice's counsel, Diarmaid McGuinness SC, informed the court that UK authorities were requesting Balmer's surrender for a single murder offence under common law. Balmer had been sentenced to life imprisonment in 1984 for the killing of a woman in Devon, England, on 28 July 1983. He was released on licence in March 2011, a licence that was revoked in March 2012. Counsel for Balmer, Patrick McGrath SC, argued that Balmer had served the punitive part of his sentence and that any surrender for public protection would amount to preventative detention, which Irish courts prohibit.

2014-03-04 · Dublin

Scottish separatist granted bail

High Court Judge John Edwards granted bail to Adam Busby, a 64-year-old self-styled Scottish separatist, pending the outcome of his Supreme Court appeal against a High Court order for his surrender to UK authorities. Busby, who has multiple sclerosis and is wheelchair-bound, is alleged by UK authorities to have made a series of hoax threats between November 2009 and June 2010. These allegations include threatening to contaminate UK water supplies, sending packages containing poisonous substances to public figures, and claiming bombs would detonate at locations in Glasgow and Edinburgh. The bail conditions require Busby to keep the peace, be on good behaviour, and refrain from accessing the internet. He is permitted to use a basic mobile phone for routine calls, provided he informs gardaí of dialed numbers and submits the device for call record checks. The judge indicated he would approve residence at the Granby Centre, Dublin 1, and remanded Busby in custody pending confirmation of that placement. The Supreme Court appeal is listed for mention on May 1, 2014. Previously, in July 2010, a Dublin Circuit Criminal Court jury found Busby guilty of causing annoyance by sending emails to the British Airports Authority claiming bombs were on flights to New York, resulting in a two-year jail sentence. He was also convicted by the Special Criminal Court in 1997 and sentenced to two years for making threatening phone calls to the Press Association and the Scottish Daily Record.

2014-02-04 · Cork

Man wanted in US on international terrorism charges refused legal aid

Ali Charaf Damache, 48, an Algerian-born Irish citizen, faces extradition to the United States on international terrorism charges. He is accused of conspiring to provide material support for terrorists and attempting identity theft to facilitate an act of international terrorism. Damache settled a legal action with the State in July over alleged inhuman and degrading conditions at Cork Prison. His lawyers applied for legal aid for a judicial review of the Director of Public Prosecution's decision not to try him in Ireland, but the High Court refused. Damache has been in custody for four years, has no assets, and had been receiving social welfare. He owes maintenance arrears to his three children, the youngest born in 1993, and his wife died in 1999. The US alleges he conspired with American woman Colleen LaRose, known online as "Jihad Jane," and others to create a terror cell in Europe.

2014-01-29 · Dublin

Elaine O'Hara murder accused served with eight-volume book of evidence

In a Dublin court on 29 January 2014, architect Graham Dwyer, originally from Cork and residing in Foxrock, was served with an eight‑volume book of evidence in connection with the murder of childcare worker Elaine O'Hara, aged 37, who was last seen on 22 August 2012 and whose remains were found on Killakee Mountain in September 2013. Dwyer, who had been charged on 18 October 2013, pleaded not guilty, was denied bail, and appeared again at Cloverhill District Court. Judge Victor Blake informed him that the book of evidence would be served and that any alibi must be communicated to the prosecution within 14 days. Dwyer was ordered to be sent forward for trial to the Central Criminal Court on the single charge listed in the book. The court noted that the evidence comprised one volume of statements and seven volumes of exhibits, with over 300 statements and 800 exhibits collected by Gardaí.

2014-01-28 · Dublin

Swords District Court round-up

Swords District Court sentenced Kevin McCabe to four months in prison and disqualified him from driving for six years after he pleaded guilty to driving without insurance and a licence. Judge Dermot Dempsey noted McCabe's 11 previous convictions, including two prior disqualifications, and imposed a €200 fine. In a separate matter, Josephine Farrell pleaded guilty to contravening a safety order by allegedly threatening a man. The court applied the Probation Act, citing evidence that Farrell, who has bipolar disorder, had missed medication for three days. Darragh Quinn pleaded guilty to unlawful possession of cannabis herb. The charge was struck out after the court ordered €400 in his possession to be paid to Swords Foroige Youth Group. Additionally, Paul Kehoe was disqualified for four years and fined €400 for failing a breath sample, with a further €100 fine for lacking an NCT. His disqualification was postponed until June 1st. Finally, Danny Bowers, alleged to have driven without insurance and while drink driving, had his case adjourned until February 17th because the prosecuting garda was unavailable to give evidence.

2014-01-20 · Cork

Cork man jailed for life for murder fails in appeal

In January 2014, Timothy O'Driscoll, aged 36, was denied an appeal against his life sentence for the murder of 25‑year‑old Lee McCarthy. O'Driscoll stabbed McCarthy to death after a drink and an invitation to his family home. The Central Criminal Court jury in Cork found him guilty in October 2011, and Mr Justice Paul Carney imposed a life sentence. O'Driscoll's lawyers argued he was provoked by McCarthy's claim that his father had been in a loyalist organisation, but the Court of Criminal Appeal, presided over by Mr Justice Adrian Hardiman, found no grounds to overturn the conviction.

2014-01-15 · Dublin

State allowed two weeks to complete book of evidence for Elaine O'Hara murder accused

The State has been granted a two‑week adjournment to finish the book of evidence for the trial of architect Graham Dwyer, accused of murdering childcare worker Elaine O'Hara. Dwyer, originally from Cork and now residing in Foxrock, Dublin, was charged on 18 October 2011. O'Hara, aged 37, was last seen on 22 August 2012 near Shanganagh cemetery; her body was found on Killakee Mountain in September 2013. Dwyer pleaded not guilty, was denied bail, and appeared via video‑link before Judge Victor Blake at Cloverhill District Court. The prosecution cited a large file—eight volumes, over 300 statements, and more than 800 exhibits—to justify the adjournment. Dwyer's solicitor confirmed consent to the two‑week period, and the defendant remains in custody until 29 January, when he will appear again. The inquest into O'Hara's death remains adjourned pending criminal proceedings.

2013-12-18 · Dublin

Murder-charge architect to be served with book of evidence

An architect, Graham Dwyer, aged 41, from Cork but living in Foxrock, Dublin, is charged with the murder of childcare worker Elaine O'Hara, aged 37, whose remains were found in the Dublin mountains. Dwyer was charged on 18 October 2012 and has pleaded not guilty. He appeared via video link before Judge Grainne Malone at Cloverhill District Court, confirming his presence and consent to a four‑week adjournment for the preparation of a book of evidence. The prosecution said the file comprises eight volumes, and the defence noted that a further two weeks may be required. Judge Malone set the service of the book of evidence for 15 January, to which Dwyer agreed. Earlier hearings revealed Gardaí had taken over 300 statements and more than 800 exhibits. Dwyer was denied bail by Justice Paul Butler in the High Court on 4 November and is expected to appeal to the Supreme Court.

2013-12-12 · Cork

Dangerous rapist granted bail

John English, 36, a rapist convicted of raping an Australian tourist in 2002, was re‑sentenced to 18 years with five years suspended in 2004. He was released in September 2012 but re‑arrested after breaching the suspended term by drinking alcohol. In February 2013, a judge re‑activated the five‑year jail term. English appealed, arguing that the obligation to comply with probation recommendations applied from 2004, not from his release. The Court of Criminal Appeal accepted this technical point and granted him bail pending the appeal. Bail conditions include abstaining from alcohol, keeping the peace, good behaviour, signing in at Mayfield Garda Station on specific days, and surrendering his passport. The case will be mentioned again on 12 February 2014.

2013-11-20 · Dublin

Foxrock architect accused of murdering Elaine O'Hara granted free legal aid

Graham Dwyer, a 41‑year‑old architect from Cork living in Foxrock, has been charged with the murder of 37‑year‑old childcare worker Elaine O'Hara, whose decomposed body was found in the Dublin mountains. The court heard that Gardaí have taken over 300 statements and collected more than 800 exhibits. Dwyer was remanded in custody for another four weeks after the judge confirmed he was entitled to free legal aid. He appeared via videolink before Judge Grainne Malone at Cloverhill District Court, where the judge accepted his statement of means and granted legal aid. Dwyer confirmed he wanted solicitor Jonathan Dunphy to represent him. The case remains at an advanced stage, with a file expected to go to the DPP in the next two weeks. The inquest into O'Hara's death has been adjourned pending criminal proceedings.

2013-10-21 · Cork

Mother-of-three sentenced to life for murder for second time this year

A 37‑year‑old Cork mother of three, Catherine O'Connor, was sentenced to life in prison for the murder of her 42‑year‑old neighbour, John Forrester, on 12 November 2011. O'Connor pleaded guilty at the Central Criminal Court. Forrester's body was found on 15 November 2011 in the River Bandon, wrapped in carpet and tied with a belt from O'Connor's cardigan. The autopsy revealed blunt force trauma, asphyxia, a broken hyoid bone, bruising to the throat, a fractured skull, broken ribs, a broken hip and lacerations to the head and mouth. Evidence included O'Connor's fingerprints on a broken Man Utd cup and Forrester's blood on a mobile phone in her flat. O'Connor had been in custody since 28 January 2012 and had 55 prior convictions, including a previous murder. Mr Justice Paul Carney imposed a mandatory life sentence, and O'Connor was led away in a grey hooded jacket, black trousers and boots.