Court archive

Court reports mentioning Cork

2024-04-25 · Wexford

Abuser who groomed teen (14) with 'extreme' porn before defiling her gets four years

Adam Winters, aged 32, met a 14‑year‑old girl on an online dating site in 2012 and groomed her by sending her brutal and extreme pornography. He instructed her to watch the material and then asked her to carry out acts such as bondage, pain, urination and blood‑letting. The relationship lasted until 2018, during which Winters met her twice in person and forced her to give him oral sex. He pleaded guilty to two counts of sexually defiling her, one in Cork between April 2013 and April 2014 and another in Waterford. The first count involved a child under 15, the second a child under 17. Mr Justice David Keane sentenced him to six years for the first count and two years for the second, both to run concurrently, and suspended the final two years, placing him under probation supervision for two years.

2024-04-22 · Cork

Dutch professor dismissed after housing crisis delayed move to Ireland wins €300k

A Dutch economics professor, Dr Wim Naude, was dismissed by University College Cork (UCC) in August 2023 after failing to relocate to Cork within the time frame set by the university. Naude had been appointed in January 2021 and taught online until he arrived in Ireland in June–July 2021, during which he struggled to secure housing amid Ireland's housing crisis. He cited his wife's diabetes and his son's autism as additional challenges. UCC's HR head, Barry O'Brien, claimed Naude had not moved by the second half of the previous academic year and deemed his contract null, citing a lack of "physical presence" required for his duties. Naude argued the university's decision was unfair and that relocation issues could have been resolved through discussion. The Workplace Relations Commission upheld his complaint under the Unfair Dismissals Act 1977 and awarded him €300,000, the third‑highest award ever made to an individual employee.

2024-04-18 · Dublin

'Suspended in Time': The Stardust long read

The Stardust fire of 1981, which claimed the lives of 48 young people, was the subject of a lengthy inquest that examined the events leading up to the tragedy. Survivors and witnesses described the chaos and confusion as the fire broke out, with many trapped by locked exit doors and unable to escape the rapidly spreading flames. The inquest revealed that the Stardust nightclub had serious fire safety issues, including locked exits, inadequate fire training for staff, and the use of highly flammable materials. Survivors recounted the horror of the fire, with some describing the intense heat, the collapse of the ceiling, and the suffocating smoke. The inquest also heard evidence about the practice of 'mock locking' exit doors, which gave the appearance of being locked when they were not. This practice, along with the failure to follow fire safety regulations, was a major factor in the high death toll.

2024-04-15 · Waterford

Murder accused told gardai he was defending himself when he struck deceased

Maurice Boland, 36, of Bridgeview Close, Tallow, Co Waterford, pleaded not guilty to murder but guilty to manslaughter in the death of 26‑year‑old Cian Gallagher, a construction worker, who died on 10 November 2022 after a fall on 2 November. Boland told detectives he was defending himself when he struck Gallagher, who had his hands up and was backing away, as shown by CCTV. He claimed he hit Gallagher once, that the man was intoxicated, and that the fall caused a traumatic brain injury leading to death. Assistant State Pathologist Dr Margaret Bolster testified that Gallagher's blood alcohol level was high and that the injuries were consistent with a fall onto the back of the head. The trial is set to continue before Mr Justice Paul McDermott and a jury of eight men and four women.

2024-04-10 · Cork

Senior union officials wanted to do exit package 'deal' with Brendan Ogle, WRC hears

In a Workplace Relations Commission hearing, a witness alleged that senior Unite officials sought to negotiate an exit package with Brendan Ogle to prevent his promotion to regional secretary for the Republic of Ireland. The witness claimed that Peter Hughes, Unite's Welsh secretary, suggested a deal after Ogle applied for the position, and that Ogle was told the role was no longer needed. Ogle had previously complained of being sidelined after returning from cancer treatment in 2022. He also alleged that the union's former chairman, Tony Woodhouse, was excluded from an interview panel due to a defamatory speech. The case was scheduled to proceed but the dates were vacated, and the witness noted that Ogle's concerns included losing a death-in-service policy worth five times his salary. The hearing focused on the alleged internal negotiations and Ogle's grievances.

2024-04-09 · Waterford

Murder accused heard 'bragging' about knocking deceased out and comparing himself to Conor McGregor, jury hears

During the opening of Maurice Boland's trial at the Central Criminal Court, the prosecution presented evidence that Boland, 36, admitted to causing the death of construction worker Cian Gallagher, 26, but denied murder. CCTV footage showed Boland punching Gallagher, who had his hands up and was backing away, leading to a fall and a brain bleed that caused death eight days later. Boland claimed the incident was a "pure accident" and that Gallagher had tried to hit him first. Witnesses, including three young men and Gardaí, testified about Boland's intoxication, his statements comparing himself to UFC fighter Conor McGregor, and his attempts to lift Gallagher after the punch. The prosecution emphasized the focus on Boland's intent that night, distinguishing between murder and manslaughter. The trial is set to continue for two weeks before Mr Justice Paul McDermott and a jury. Maurice Boland pleaded not guilty.

2024-03-22 · Cork

Mother whose son tried to murder her hits out at failures in mental health system

At a sentencing hearing in the Central Criminal Court on 22 March 2024, Mary Coughlan, mother of 32‑year‑old Gearoid Coughlan, spoke about the assault she endured when her son, diagnosed with schizophrenia, tried to murder her on 4 June 2021. She described the violent attack, which left her with a 25‑cm neck wound, multiple facial wounds, a traumatic brain injury and ongoing speech and language therapy. Coughlan criticised the mental health system for failing to monitor her son's risk and medication adherence, arguing that people with paranoid schizophrenia are allowed to live in the community without adequate care. She said she would not let the assault define her life and has returned to singing, walking and spending time with grandchildren. Gearoid was arrested, sent to the Central Mental Hospital and is awaiting a psychiatric report before sentencing on 12 April. Gearoid Coughlan pleaded guilty and was found not guilty by reason of insanity.

2024-03-15 · Cork

Fota Island resort owner gets temporary freezing orders after alleging fraud

The owners of the Fota Island resort and other luxury hotels in Cork have secured temporary freezing orders against former directors Xiu Xiang Kelly and her son Tuo Du. The High Court granted the orders after Mr Yuzhu Kang, a Chinese businessman who had previously resolved a dispute over the resorts, alleged that the directors defrauded the companies of more than €1.8 million. Mr Kang claims the directors received €1.5 million for artworks and furniture that were worth far less, and that €246,000 was paid for sham redundancies in 2021. He also cites an unpaid €125,000 loan to Ms Kelly. The court ordered that Ms Kelly's assets not fall below €1.85 million and Mr Du's not below €1.7 million, pending further proceedings. The case remains at the temporary injunction stage, with the matter set to return to court early next week.

2024-03-15 · Cork

Long serving senior judge George Birmingham to retire after decades in public life

Mr Justice George Birmingham, President of the Court of Appeal, announced his retirement at the end of July after a long career that included service as a High Court judge from 2007, a Fine Gael TD for Dublin North Central from 1981 to 1989, and a Minister of State from 1982 to 1987. He was called to the bar in 1976. Tributes were paid by colleagues, including Mr Justice John Edwards, who described him as a caring, supportive, and people‑oriented judge who had a special affection for Cork and Munster. Judge Helen Boyle highlighted his pioneering work on child sexual abuse investigations in the Catholic Church. Birmingham noted his personal connection to Cork and Munster through his grandparents' origins and thanked everyone for their kind words before concluding his remarks with a modest, humorous note. The Court of Appeal sat at Anglesea Courthouse in Cork City during the announcement.

2024-03-14 · Cork

Woman who received suspended sentence for neglect and sexual abuse of toddler son launches bid to overturn conviction

In March 2024 a Cork woman, aged 46, who had received a fully suspended three‑year sentence for wilful neglect, sexual assault and exploitation of her toddler son, filed an appeal to overturn her conviction. The Central Criminal Court heard that the defendant, described as having very limited cognitive functioning, did not accept the jury's verdicts. She was found guilty of neglecting the child from September 2010 to June 2015, and of sexual assault and exploitation between September 2013 and June 2015. The child, who was between one and four‑and‑a‑half years old, was taken into foster care and later State institutional care. The appeal argued that the child cruelty charge was couched in generalised terms, that the trial judge erred in refusing to edit emotive Garda interviews, and that the child's evidence was unreliable due to memory loss. The Court of Appeal has reserved judgment. The unnamed accused pleaded not guilty.

2024-03-14 · Cork

Dependents of criminal not entitled to State compensation over shooting, High Court rules

The High Court has dismissed a judicial review application brought by Eddie Cunningham Cummins and Erica Cunningham Cummins, residents of Heron's Wood, Carrigaline, Co Cork. The applicants challenged the Criminal Injuries Compensation Tribunal's refusal to compensate them for the 2005 shooting death of their father, Eddie Cummins Senior, in Ballincollig, Co Cork. Ms Justice Mary Rose Gearty ruled that the Tribunal was correct in its decision, finding it not disproportionate or discriminatory to deny compensation to dependants where the victim died as a result of their criminality. The court noted that Mr Cummins Senior had over 20 convictions, including for drug offences, and that the killing was believed to be drug-related. Although the judge expressed sympathy for the "blameless children," she held that the State's policy of deterring crime justified the refusal. The Tribunal had previously rejected the 2011 application due to time limits and the victim's conduct, a decision upheld on appeal in 2022. The applicants sought to quash the Tribunal's decision and obtain declarations that it was irrational or breached their rights. The court found that the applicants failed to establish that the Tribunal acted outside its powers, fettered its discretion, or made an unreasonable decision. No one has been prosecuted for the murder.

2024-03-13 · Cork

Convicted rapist and killer has jail term increased for 'blood bath' hammer attack

Ian Horgan, a convicted rapist and killer, had his jail term increased from eight and a half years to 11 years and three months by the Court of Appeal for the assault causing serious harm on Hassan Baker. The appeal considered video evidence of the hammer attack on March 26, 2022, at McCurtain Villas, Cork, where Horgan used a claw‑hammer to strike Baker, choke him, and then continue striking him, causing severe injuries. Horgan also attacked Baker's mother, Mary O'Callaghan, breaking her wrist. The Court of Appeal found the original sentence too lenient, citing Horgan's history of violence and the extreme nature of the attack, and imposed the increased term with no portion suspended. The assault causing harm sentence for O'Callaghan was not altered. The decision was based on the evidence presented in the appeal hearing. Ian Horgan pleaded guilty.

2024-03-13 · Cork

Ex-HSE worker with no history of crime who raided post offices to visit US fiancée won't face higher sentence

Fintan Tindley, a 50‑year‑old former HSE worker from Cork, pleaded guilty to a series of post office robberies and an attempted robbery in November 2022. He used a knife to threaten customers and postmistresses at South Douglas Road and Ballintemple post offices, taking €2,380 and €1,300 respectively, and later attempted a third robbery at South Douglas Road but fled empty‑handed. Tindley had sent about €19,000 to his fiancée Skye in the United States, money that included proceeds from the first two robberies; she was unaware of the source. He had also borrowed money from a credit union, An Post, and from two pensioners. The Court of Appeal dismissed the State's application for a higher sentence, upholding the trial judge's decision of five years' imprisonment with the final 12 months suspended, after a detailed review of mitigating and aggravating factors.

2024-03-12 · Limerick

Serial child abuser Shanahan fails in bid to overturn 11-year jail sentence

Patrick Shanahan, 77, a pensioner from Co Limerick, was convicted in August 2022 of 14 counts of sexually assaulting his two granddaughters, Daria and Tara Tobin, when they were aged 10 to 14 in 2010 and 2014. He received an 11‑year jail term, with the final two years suspended, after a unanimous jury verdict. Shanahan appealed to the Court of Appeal in Cork, arguing that the sentencing judge had wrongly treated his refusal to accept the jury's verdict as an aggravating factor. The Court of Appeal, led by Ms Justice Úna Ní Raifeartaigh, rejected the appeal, finding no error in the judge's remarks. The court noted the seriousness of the repeated assaults, the vulnerability of the victims, and the lack of mitigating factors, and upheld the original sentence. The appeal was dismissed for severity of sentence. Patrick Shanahan pleaded not guilty.

2024-03-11 · Cork

'Cynical' child rapists fail to overturn jail sentences for gang rape of 'comatose' girl (14)

Two men, aged 29 and 28, were convicted of gang‑rape of a 14‑year‑old girl who was comatose with alcohol on 22 April 2017. They were sentenced to 11 years in prison each, with a headline sentence of 13 years. The men appealed, arguing the headline was too high and that insufficient discount had been applied for mitigating factors. The Court of Appeal in Cork dismissed the appeal, confirming the 13‑year headline and the 11‑year custodial term. The judge said the case involved a high level of degradation and that the victim was vulnerable. The men had denied the offences and had no guilty plea. The appeal was rejected, and the men must serve the full sentences. The complainant remains traumatised by the assault.

2024-03-11 · Cork

Child killer Harrington launches bid to overturn conviction for murder of Santina Cawley

Child-killer Karen Harrington, who is serving a life sentence for the murder of two-year-old Santina Cawley, has launched an appeal to overturn her conviction, arguing that CCTV footage of her home breached her privacy rights. The appeal was heard at the Court of Appeal in Cork, where Jane Hyland SC for the appellant claimed that the footage from Clanrickarde Estate, which captured both the exterior and interior of Harrington's dwelling, was highly prejudicial and should not have been admitted into evidence. Ms Hyland argued that the footage violated Harrington's right to privacy under the Irish Constitution, EU law, and the European Convention on Human Rights. She also referenced the Data Protection Act 2018 and the case of Graham Dwyer, who is serving a life sentence for the murder of Elaine O'Hara, to support her argument. Sean Gillane SC for the State countered that the issue of CCTV had been addressed during the trial, with the footage being truncated and examined by the jury. The court reserved its judgment in the matter. The appeal is currently under consideration, and no finalised decision has been made.

2024-03-11 · Cork

Predator who broke into woman's home and raped her as she slept jailed for 9 years

Kamal Kumar Nepali, a 24‑year‑old Nepalese national from Beech Park, Ballincollig, was sentenced by Mr Justice Michael MacGrath in the Central Criminal Court to ten years' imprisonment, with the final year suspended on strict conditions. The sentence was back‑dated to his entry into custody on 17 June 2022. The judge described the offence as a "predatory" rape that occurred in the victim's bedroom in the dead of night, noting the victim's vulnerability and the physical violence involved. He highlighted aggravating factors such as the burglary context and the violation of the victim's home security, while noting mitigating factors including Nepali's lack of prior convictions and character references. The judge also ordered no contact between Nepali and the victim for an indefinite period. Nepali's counsel intends to appeal the decision. The case involved a rape, burglary, assault causing harm, sexual assault and four counts of trespass, all of which resulted in conviction on 7 December 2023.

2024-03-07 · Limerick

'Road to Damascus' criminal who provided car used in Christy Keane hit gets 6.5 years

Red' Larry McCarthy was sentenced to six-and-a-half years' imprisonment by the Special Criminal Court for his role in the attempted murder of Christy Keane. McCarthy, 45, pleaded guilty to making a vehicle available to the McCarthy-Dundon criminal organisation, which was used as a getaway car during the shooting of Keane in June 2015. The offence, contrary to Section 72 of the Criminal Justice Act 2006, carries a maximum penalty of 15 years. Ms Justice Caroline Biggs set a headline sentence of 10 years, reduced by 20% to eight years in mitigation for his guilty plea and positive rehabilitation efforts in Donegal. The court suspended the final 18 months of the sentence, conditional on good behaviour and probation supervision. McCarthy had already served two years, seven months, and 20 days in custody, which was credited toward the effective term. The judge noted his 14 previous convictions, including a prior UK sentence for possession of a firearm. In a related case, Noel Price was previously jailed for six-and-a-half years for assisting the same organisation with a vehicle intended to facilitate the attempted murder. The court highlighted the ongoing feud between the McCarthy-Dundon and Keane-Collopy gangs, which has resulted in numerous violent offences.

2024-03-05 · Cork

Uncle gets 11 years for 'campaign' of rape that 'destroyed' nephew

A 58‑year‑old man from Cork was sentenced to 11 years in prison for a campaign of sexual abuse that began when his nephew was eight and ended when the boy was ten, between 1996 and 1999. The defendant was found guilty of three counts of oral rape and three counts of anal rape. He threatened to stab the nephew's parents if the boy disclosed the abuse. The nephew, who was not named to protect his identity, read a victim impact statement in court, describing the physical pain, bleeding, and lasting psychological trauma he endured. He said the abuse changed him, leading to ongoing mental health struggles, difficulty maintaining relationships, and attempts at suicide. He now has a child and hopes to inspire other survivors to come forward. The judge noted the deliberate, calculated nature of the abuse and imposed a sentence of 12 years, suspending the final year on conditions.

2024-03-04 · Dublin

Helen McEntee bomb threat accused said he had 'well-known' links with INLA

Michael Murray, 52, formerly of Killiney, Dublin, is on trial before Judge Patricia Ryan and a jury for one count of knowingly making a false report giving rise to an apprehension for the safety of someone else. He pleaded not guilty to the charge, which alleges he phoned in a bomb threat to the home of Minister for Justice Helen McEntee while imprisoned in Midlands Prison, Portlaoise, on March 7, 2021. The jury heard that an anonymous caller claiming to be from the INLA reported explosives at the Minister's home; no explosives were found, but the call was traced to a unique identification number registered to Mr. Murray. Video footage of a garda interview played to the jury showed Mr. Murray admitting to having "well-known" links to the INLA. He denied making the threat, stating he regularly called the Samaritans. The court also heard details of his criminal history, including convictions for armed robberies and a 2010 conviction for kidnapping and rape, for which he was initially sentenced to 15 years imprisonment, later increased to 19 years on appeal. The trial continues.

2024-03-04 · Cork

Sex offender twice travelled to Dublin to masturbate in front of girls

David Douglas, 65, from Belfast, was jailed for a year after pleading guilty to two charges of masturbating in a public place at Dundrum Town Centre in March 2022. He admitted playing an "eye contact game" for about 20 years, focusing on young girls. An off‑duty Garda and her 11‑year‑old daughter reported that Douglas sat close to them in the food court, looking at them, and later ran when security alerted the Gardaí. CCTV showed Douglas masturbating outside his clothing near where girls were seated, and he claimed he used alcohol to reduce inhibitions. He has 33 prior convictions, including road traffic offences and sexual offences, but none involving physical contact. Judge Orla Crowe sentenced him to 15 months' imprisonment, suspended the final three months, and imposed 12 months of probation on release.

2024-02-26 · Cork

Insolvency arrangement lets widow tackle €2.4m in debt, retain family home

The High Court approved a Personal Insolvency Arrangement for 70‑year‑old widow Marian Phillips, allowing her to address about €2.4 million of debt while staying in her home at Kenley Close, Model Farm Road, Cork. Phillips had fallen into financial difficulty because of high interest rates on loans from lenders. Her creditors include Start Mortgages DAC (over €2 million owed), Cabot Financial, the Revenue Commissioners, a property management company and a solicitors' firm. Under the arrangement, four buy‑to‑let residential properties owned by Phillips – three in Cork and one in Clonmel, County Tipperary – valued at just over €1 million will be sold to satisfy secured creditors. The remaining debts will be written off. Phillips will also enter a State‑approved Mortgage‑to‑Rent/Social Tenancy scheme for her principal private residence, a semi‑detached three‑bedroom house valued at about €345,000.

2024-02-26 · Limerick

Court hears of 'Road to Damascus' experience for Limerick criminal who provided car for Christy Keane hit

A 45-year-old man from Limerick has been remanded for sentencing following his guilty plea to making a vehicle available to an organised crime gang for use as a getaway car in an attempted murder. Larry McCarthy pleaded guilty in October 2023 to an offence contrary to Section 72 of the Criminal Justice Act 2006, which carries a maximum sentence of 15 years imprisonment. The incident occurred in June 2015 when two gunmen fired 13 rounds at Christy Keane as he sat in his vehicle at University of Limerick gym, causing four gunshot wounds. McCarthy assisted in positioning both a red Ford Focus and a white Volvo Estate used by the gunmen to escape. The Special Criminal Court heard evidence of the decades-long feud between the McCarthy-Dundon and Keane-Collopy criminal organisations. Defence counsel submitted that McCarthy has since relocated to Donegal, maintained employment and education engagement, and has not offended in nearly a decade. Ms Justice Caroline Biggs adjourned the case until 11 March for sentencing.

2024-02-21 · Cork

Michael Flatley claims insurer refusing to pay relocation expenses of up to €80k per month, plans to cancel policy

In a High Court hearing on 21 February 2024, Michael Flatley, the 65‑year‑old dancer, claimed that Hiscox Societe Anonyme's Irish branch had refused to pay his monthly relocation expenses of up to €80,000 and intended to cancel the insurance policy covering his Castlehyde Manor property from 8 March. Flatley, represented by Ronnie Hudson BL and solicitor Max Mooney, obtained an ex‑parte order to restrain Hiscox from cancelling the policy and to prevent denial of coverage for the Fermoy property until the proceedings concluded. He argued that the insurer had been aware of the property's unsafe chemical residue and had renewed the policy in November, yet now sought cancellation on the basis of changed occupancy. Flatley said the insurer had not compensated him for vacating the home, and he feared difficulty in securing alternative coverage if the policy were cancelled. The case will return to court later that week.

2024-02-16 · Cork

Livestock agent sacked after being in 'wrong place at wrong time' during off-the-books deal wins unfair dismissal case

Bobby Fenton, a livestock agent for Grasstec, was dismissed after the company alleged he had traded livestock on his own account during working hours. Fenton admitted knowledge of a private cattle sale brokered by a colleague, Mr A, but claimed he was simply "in the wrong place at the wrong time" when a manager spotted him at a farm in West Cork on 22 June 2021. Grasstec argued that the sale, worth €9,000, constituted fraudulent dealing and that Fenton's failure to report Mr A's activities warranted dismissal for gross misconduct. The Workplace Relations Commission found that Grasstec had shown "a total disregard for any type of fair procedure" and that Fenton's dismissal was unfair, awarding him €2,000 in compensation under the Unfair Dismissals Act 1977. The decision noted that Fenton had contributed to his own dismissal but that the employer's process was flawed.

2024-02-06 · Dublin

Ryanair 'unreservedly' apologises" to quantity surveyor wrongly banned from flying

In the High Court, Ryanair unreservedly apologised to Eoin Michael Cahill, a quantity surveyor, after incorrectly banning him from flying and writing to his employer identifying him as a disruptive passenger. Mr Justice Rory Mulcahy was informed that the airline accepted Mr Cahill was mistakenly identified as a passenger involved in an altercation with staff on January 2nd. Ryanair, represented by Martin Hayden SC, stated the ban has been withdrawn and offered to correct the record with Mr Cahill's employer, the Jones Engineering Group. The airline proposed paying €10,000 in compensation plus legal costs. Mr Cahill, represented by Paul O'Higgins SC and solicitor CW Ashe, had sought an injunction to lift the ban and correct the defamation, along with damages. He claimed the false allegations threatened his professional reputation, particularly as he travels between Ireland and Denmark for work. Ryanair had previously argued Mr Cahill did not allow sufficient time for an investigation, but the court found the airline had known of the complaint for some time. Mr Justice Mulcahy ordered Ryanair to pay Mr Cahill's legal costs for the injunction proceedings. The matter was effectively resolved through the airline's apology and offer of amends, with the court addressing the costs of the pretrial application.

2024-02-01 · Cork

Health & Safety company takes action against former CEO and others

Occupli Limited has brought a High Court action alleging that its former CEO, Chris Mee, and others unlawfully accessed and used the company's private, confidential and commercially sensitive information. The plaintiff claims that Mee, his daughter Catherine Mee, former employees Julie Twomey and Leah Murphy, and a firm allegedly owned by Mee, EHS International Ventures Ltd, have solicited Occupli's employees and clients, thereby damaging the company's economic interests and reputation. Occupli seeks temporary injunctions to prevent the defendants from interfering with, deleting, or using its information and to preserve any data on their IT systems. Mr Justice Mark Sanfey granted an interim injunction on an ex‑parte basis, noting that the defendants have strongly denied wrongdoing. The case remains adjourned, with the court allowing parties to return before the scheduled date. The action is based on alleged breaches of a prior settlement that included non‑compete and non‑solicitation provisions.

2024-01-31 · Dublin

Stardust management complied with only 10 out of 26 by-laws

The Stardust management only complied with ten of 26 by-laws set down as terms of the nightclub's planning permission, an inquest jury has heard, with a lack of fire drills, lack of staff training, and the locking and obstructing of exits all showing non-compliance. Martin Davidson, a fire engineer with 29 years of experience, gave evidence in the Dublin District Coroner's Court during the inquest into the fire that killed 48 people in 1981. He stated that no revised drawings were submitted showing the use of carpet tiles on the walls instead of plastered walls. Doors were fitted with metal shutters that were fully down and locked, and temporary barriers were used, reducing exit width. Chains and padlocks were used on exit doors, which were not secured by automatic fastenings as required. Stardust manager Eamon Butterly confirmed that exits one, five and six were locked until between 11.30pm and midnight.

2024-01-31 · Cork

Two interpreters sent to case where everyone spoke English, WRC notes

In a January 2024 Employment Equality case before the Workplace Relations Commission, the adjudicator, Ms Lefre de Burgh, rejected all claims made by Ms Nicole Reekie against Liani Ltd. Ms Reekie, an Australian national who had worked as a deli assistant at the Cork City convenience store from 15 June 2022 for six weeks, alleged discrimination on civil status grounds, harassment, and a pay claim. She had requested Portuguese and Spanish interpreters, but the adjudicator deemed the request inappropriate because all parties spoke English and cited the cost to public funds. Ms Reekie claimed her civil status was "homeless" and that she was a single, older, foreign woman, but the tribunal found homelessness was not a protected status under the Equality Act. She also alleged racial discrimination because she was Australian, but the adjudicator held that the complaint could not change as the respondent responded.

2024-01-30 · Dublin

Quantity Surveyor sues Ryanair over being 'wrongly' banned from flying

Eoin Michael Cahill, a quantity surveyor, has filed a High Court claim against Ryanair, alleging defamation and an unjust travel ban. Cahill asserts that Ryanair accused him of disruptive behaviour on a flight he did not take and that an email sent to his employer on January 3, 2024, falsely claimed he was disruptive on a Dublin Airport journey. He says the airline's ban prevents him from travelling to Denmark for work and threatens his professional reputation. Cahill has requested details of the alleged behaviour, a correction to the employer, and lifting of the ban. Ryanair initially considered reversing the ban but later asked for time to investigate. Cahill's lawyers seek damages, injunctions against further defamation, and an order preventing Ryanair from maintaining the ban during the trial. The case is set to return to court in early February.

2024-01-26 · Waterford

'Paedophile predator' scout leader jailed for abusing boys

A 61-year-old former scout leader has been sentenced to six years imprisonment at Dublin Circuit Criminal Court following his guilty plea to three counts of sexual assault committed between 1991 and 2000. The man, whose identity is protected to safeguard victims' anonymity, abused three boys aged between 11 and 14 at a scouting den in Dublin and at locations in Waterford and Monaghan. The abuse included inappropriate touching, masturbation and oral sex. Judge Martin Nolan described the defendant's conduct as "very serious" and "very reprehensible," noting he had abused his position of trust and authority over vulnerable, impressionable children and their families. The court imposed three-year sentences on each count, with two to run consecutively. Three victim impact statements were presented, with victims describing long-term psychological harm, damaged trust and ongoing mental health difficulties. The defence highlighted the defendant's guilty plea, work history and psychological assessment indicating low re-offending risk, though the judge found these factors provided only limited mitigation.

2024-01-25 · Dublin

'Gopher' caught with €1.8m in cash at Dublin Airport

In a Dublin Circuit Criminal Court hearing, Chen Hsien Tsai, 59, was sentenced to four years' imprisonment for money‑laundering after he was found carrying more than €1.78 million in cash at Dublin Airport's Terminal One on 7 March. The cash, in euro, sterling and US dollars, was discovered in two envelopes and in bags that also contained food and sanitary items. Tsai, who has no fixed abode in Ireland and no prior convictions in Ireland or the UK, claimed he was merely transporting the money for a friend and was not paid for the service. He admitted to being afraid and frightened when arrested. Judge Martin Nolan noted that an English‑speaking national might have received a longer sentence and that the prison could be a lonely place for a foreign national. The sentence was back‑dated to the day of his arrest. The case has attracted the interest of UK authorities. Chen Hsien Tsai pleaded guilty.

2024-01-24 · Kerry

Fund seeks orders requiring alleged trespassers to vacate Kerry home

A financial fund, Mars Capital Finance Ireland Designated Activity Company, has applied to the High Court for an injunction to order several alleged trespassers to vacate a property at Rosehill Avenue, Firies, Co Kerry. The fund claims that in September last year attempts to take possession of the property were thwarted by the presence of several known and unknown individuals, including defendants Martina Moriarty, Sinead O'Connor, Brian McCarthy, Colman McCarthy, Donal O'Sullivan and others. Ms O'Connor, the only defendant to appear, maintains she has a valid tenancy and disputes all claims. Mars seeks a swift determination, arguing that Ms O'Connor's separate proceedings are intended to delay the injunction. The judge has set a timetable for document exchange and will hear the case again early next month. The property was subject to a 2007 mortgage, possession proceedings were initiated in 2016, and a possession order was granted in 2018.

2024-01-22 · Cork

Calculating 'predator' broke into four houses before finding victim to rape

In a Central Criminal Court hearing on 22 January 2024, Nepalese native Kamal Kumar Nepali, aged 24, was found guilty by a jury of rape, burglary, assault causing harm, sexual assault and four counts of trespass in Cork. The offences occurred on 1 March 2022 during student Rag Week celebrations. Nepali had burglarised four houses in an attempt to find an intoxicated woman to rape; all four houses had male occupants. He then broke into a house at 5:30 am on 28 February 2022, where he raped a woman who had returned from a pub, slept, and was later found with bruises and injuries. The victim, who had been drinking, described the assault and the subsequent panic. Nepali denied the charges, but his statements changed during detention. He has no prior convictions. The case was adjourned for finalisation on 11 March 2024.

2024-01-22 · Cork

Ex-republican colour party marcher must await sentencing fate

Daniel Sheehan, aged 24, pleaded guilty at the Special Criminal Court to possessing 263 rounds of ammunition in suspicious circumstances on 3 June 2022. He admitted to the ammunition and a replica Beretta pistol found in a laptop bag during a search of his home, which was part of a misuse‑of‑drugs investigation. The search also uncovered a small amount of cannabis, a laptop bag, and Republican literature. Sheehan had previously been charged with membership of the Irish Republican Army but that charge was dropped. He has three prior convictions for drug possession and public order. The DPP noted the offence falls in the lower range of offending, with a maximum penalty of 14 years and a presumptive mandatory minimum of five years if no exceptional evidence is presented. The case was adjourned to 8 April to allow a probation report to be prepared.

2024-01-19 · Cork

Children who turn 18 during court proceedings can be identified - landmark Court of Appeal judgement

In a landmark Court of Appeal judgement, the court ruled that Section 93 of the Children Act applies only to a child, defined as a person under 18. The decision means that a child who turns 18 during proceedings or before an appeal can no longer be protected by anonymity. The case concerned a 21‑year‑old who was 17 when he pleaded guilty to the murder of Cameron Blair. The court held that reporting restrictions do not extend to those who age out before proceedings conclude. Justice Isobel Kennedy emphasised that the Act's language is clear and that extending anonymity would require rewriting the legislation. Mr Justice George Birmingham announced a stay on lifting reporting restrictions to allow a potential appeal to the Supreme Court. The ruling will affect child defendants who turn 18 before their trial or sentence is completed.

2024-01-16 · Cork

Court mulls penalty over factory ship found to have illegal grading facilities

In a 2024 Court of Appeal hearing, the court considered the appropriate penalty for Dutch skipper Klass Dirk Meijvogel, aged 43, who was convicted in 2015 of a single technical fishing offence for operating the factory trawler Wiron 5 in Irish waters. The offence involved the use of equipment capable of grading fish and returning low‑grade pelagic fish to the sea, contrary to EU regulations effective 1 January 2015. The original 2015 judgment had confiscated the vessel's entire catch (€344,960) and gear (€55,000), a penalty later deemed potentially disproportionate. Meijvogel's counsel argued that the confiscation was mandatory and that no evidence showed fish were returned to the sea, and that the penalty had no monetary benefit to the skipper. State counsel countered that the forfeiture was justified by the presence of illegal grading facilities and that the penalty should remain dissuasive. Klass Dirk Meijvogel pleaded not guilty.

2024-01-15 · Cork

Dave Fanning sues Microsoft over news story wrongly linking him to trial

Broadcaster Dave Fanning has begun defamation proceedings against Microsoft's news service and a Hong Kong website after his picture appeared in an article that wrongly claimed he faced trial for alleged sexual misconduct with a child under 12. The article, titled "Prominent Irish Broadcaster faces trial over alleged sexual misconduct," was published by BNN on 11 October and also appeared on Microsoft's News Service MSN. Fanning, who was not involved in the trial— which concerned another broadcaster later acquitted— argues the piece made false and damaging statements, portraying him as a criminal and paedophile. The article was removed the day after publication. Fanning seeks damages and has obtained High Court permission to serve the action on BNN, Microsoft Operations Ireland Ltd, and Microsoft Corporation. The court has adjourned part of the application to clarify whether the article was published outside Ireland or in jurisdictions controlled by Microsoft's U.S. parent. The case is currently at the High Court hearing stage.

2024-01-15 · Cork

Truck driver imported €160k in cannabis due to 'financial pressure'

Jason Hunt, 31, of Woodlands, Courtmacsherry, Co Cork, pleaded guilty to importing over €160,000 worth of cannabis into Ireland. On 4 April 2023, a truck he drove was searched at Dublin Port by a drugs detection dog, which reacted to cannabis. Hunt admitted the presence of the drugs, stating he was under financial pressure and had been offered €3,000 for the shipment. Two shopping bags containing 8.1 kg of cannabis were seized. Hunt has seven prior convictions for minor offences, including drug possession. He has remained in custody since April 2023 and has been sober while in custody, participating in an enhanced prisoner regime. The court considered his financial hardship, depression, anxiety, good work history and family support before sentencing him to three years' imprisonment, back‑dated to his entry into custody. The judge noted Hunt's "terrible misjudgement" and "succumbed to temptation.".

2024-01-12 · Cork

'House of Secrets': father gets 11 years for rape and abuse of daughter

A 65‑year‑old man from Co Cork was sentenced to 11 years' imprisonment for 71 counts of rape, oral rape, indecent assault and sexual assault of his daughter between 1988 and 1997. The Central Criminal Court found he abused her while she was aged seven to 17, manipulating her and favouring her over his other children, which caused a rift with her siblings. The abuse progressed from touching to rape and oral rape over a two‑to‑three‑year period in her teens, continuing until she turned 18 and left the family home. The judge described the abuse as an egregious breach of trust in a place that should have been safe. The victim, who did not realise the abuse was wrong until later, said her life was significantly affected and that her father had ruined her childhood. The defendant, who has serious health issues, will require medical support while in custody. The unnamed man was found guilty.

2024-01-12 · Cork

Judge expresses concern about number of young men before courts for sexual crimes

In a Central Criminal Court hearing, Mr Justice Paul Burns sentenced a 25‑year‑old Cork man to five‑and‑a‑half years' imprisonment, suspending the final year on conditions including a sexual‑consent course. The man, who had no prior convictions, was found guilty of anally raping an 18‑year‑old college student in her apartment on 11 February 2019. The victim, a virgin at the time, had initially consented to sex after a brief encounter in a nightclub, but the man forced anal intercourse against her repeated refusals, causing severe pain. He also filmed her and demanded oral sex afterward. The judge expressed concern over the rise of young men of good character committing sexual offences and questioned whether school programmes on consent and pornography are sufficient. The sentencing followed the jury's guilty verdict, and the defendant has since written an apology letter to the victim.

2023-12-19 · Cork

Woman appeals conviction for murdering brother in 'family dispute' over house

In December 2021 a 56‑year‑old woman, Helen Jones, was convicted of murdering her 52‑year‑old brother Paul Jones in Cork. The jury found that on 4 September 2019 Jones and her partner Keith O'Hara had taken a taxi to Paul's house on Bandon Road, where an altercation at the front door led to Paul being found inside the house wearing only underwear and covered in blood. A post‑mortem revealed 25 stab wounds and a chop wound to the head. Jones was sentenced to life imprisonment by Mr Justice Michael MacGrath. In December 2023 Jones appealed, arguing that the search warrant issued on 10 September 2019 by a district court judge was not valid because the detective's oath was not properly recorded. The Court of Appeal heard arguments from both sides, with the DPP maintaining the warrant was lawful and the appeal pending.

2023-12-19 · Cork

Coroner challenges decision that lands eligible for 'land hoarding tax'

Helen Lucey, Coroner for North Kerry, has filed a High Court challenge against An Bord Pleanala, the Minister for Housing and Local Government, and the Attorney General over the decision that lands in Tonafoa, Dunmanway, Co. Cork, are eligible for the Residential Zoned Land Tax (RZLT). Lucey inherited the lands from her late father and intended to seek planning permission to build houses or sell the land to a builder. A planning professional advised her that obtaining permission would be futile because Cork County Council is refusing all planning permissions in the Dunmanway area due to the local wastewater treatment plant's limited capacity. In March, the council added the lands to a map of RZLT sites, a decision Lucey appealed to An Bord Pleanala. The board dismissed her appeal and upheld the council's decision. Lucey now seeks judicial review, arguing the decision is unfair, unlawful, and irrational, and that the 2022 RZLT guidelines were issued without proper jurisdiction.

2023-12-13 · Dublin

French film star can't provide Monaco with documents in €7m fraud case

In a High Court ruling, Mr Justice Rory Mulcahy denied lawyers for French film star Dany Boon the right to supply prosecutors in Monaco with documents related to an alleged €7m fraud. The judge held that Boon's lawyers had not proven that providing the documents complied with the proper administration of justice and that the two defendants, Asia Monaco Investments Ltd and Asia Monaco SARL, would not be unfairly prejudiced. The affidavits, sworn by Ms Xin Zhao, were not formally opened in court and were deemed public. Boon's case involves claims that he was defrauded by Mr Thierry Birles and associated entities, and he has secured various freezing and disclosure orders in Ireland. The defendants opposed the application, citing potential injustice, and the judge noted that had the affidavits been opened, the application would not have been necessary.

2023-12-12 · Wicklow

Supreme Court to hear Graham Dwyer's appeal next month

The Supreme Court will hear Graham Dwyer's appeal against his 2015 conviction for the murder of Elaine O'Hara on January 16. The one-day hearing centres on whether call data records used at trial should lead to a retrial, following declarations that retaining mobile phone data breached rights under the European Charter. Dwyer's lawyers argue the data retention constituted mass surveillance, while the DPP opposes the application. The Supreme Court agreed to hear the case, citing significant issues of general public importance regarding the admissibility of evidence obtained under a 2011 law later struck down by the Court of Justice of the European Union. In a preliminary hearing before Mr Justice Maurice Collins, the judge confirmed a timetable for legal submissions and asked the DPP and Dwyer's team to inquire if the Irish Human Rights and Equality Commission wishes to participate. Dwyer, who denies murdering O'Hara, was originally convicted by a jury at the Central Criminal Court. Mr Justice Tony Hunt sentenced him to the mandatory term of life imprisonment, describing the killing as a chilling and premeditated murder following a protracted campaign of manipulation and abuse. Although the Court of Appeal dismissed his conviction appeal last March, finding the call data evidence did not cause a miscarriage of justice, the Supreme Court is now reviewing the legal characterisation of the data's illegality and the scope of legislation governing conviction appeals.

2023-12-11 · Dublin

'No evidence' that Stardust fire started maliciously, lead garda investigator found

During the Stardust inquest, Detective Superintendent John Courtney presented evidence that, after reviewing over 1,600 statements from the night of the February 14, 1981 fire that killed 48 people, he found no evidence that the blaze was started maliciously. He explained that all 841 attendees and staff were interviewed, and that the four youths seen on the roof had no connection to the fire. Courtney also described the investigative process, noting that statements from those in the curtained area were checked and eliminated as suspects, and that no credible allegations of deliberate arson emerged. He read his testimony and 1981 Garda statements into the record, while other witnesses, including fire officers and survivors, provided accounts of the emergency response and the chaotic evacuation. The inquest will continue tomorrow.

2023-12-08 · Dublin

Axe-murderer has life-sentence backdated by appeal court

Oliver Doran, aged 24, was sentenced to life imprisonment for the axe murder of 76‑year‑old Kwok Ping Cheng in Dublin's Robinson's Court. Doran initially pleaded not guilty but later changed to guilty and was sentenced on 8 May 2023. The Central Criminal Court, presided over by Mr Justice David Keane, described the killing as "senseless" and imposed the maximum life sentence. The sentence was backdated to 17 January 2023, the date of Doran's guilty plea, and the Court of Appeal later further backdated it to 6 May 2021, the day Doran was first taken into custody. This adjustment allows Doran to apply for parole in 2033 instead of 2035. The case involved CCTV footage of Doran entering Cheng's apartment, forensic evidence of axe wounds, and Doran's prior 98 convictions. The appeal court upheld the backdating, noting that guilty pleas in murder cases are rare and that backdating is standard practice.

2023-12-06 · Wicklow

ACC's €3.7m loan to Michael Lynn was for private home and was not commercial, witness says

An ACC Bank fraud officer has given evidence at Dublin Circuit Criminal Court in the ongoing theft trial of Michael Lynn, a former solicitor. Mr Lynn, aged 55 and resident in County Wicklow, faces 21 counts of theft relating to alleged offences between October 2006 and April 2007, with a total value of approximately €27 million across seven financial institutions. The prosecution alleges Mr Lynn obtained multiple mortgages on identical properties without the lenders' knowledge. The witness confirmed that a €3.7 million loan provided by ACC to Mr Lynn in 2007 for the purchase of Glenlion House in Howth was classified as a private residential mortgage and not a commercial facility. He stated the bank would not have advanced funds had it been aware that the Irish Nationwide Building Society and Bank of Scotland Ireland had simultaneously provided loans totalling over €8 million for the same property. The trial, before Judge Martin Nolan, continues. Michael Lynn pleaded not guilty.

2023-12-05 · Cork

Michael Flatley's family forced to fee castle home over carcinogen, High Court told

In a High Court hearing, Michael Flatley, aged 65, and his family were forced to vacate their Castlehyde home in County Cork after tests revealed high levels of carcinogenic chloride residue from PVC combustion. Flatley claims the residue, left after a 2016 fire, was known to the contractor and insurers but was not disclosed or remedied properly. He alleges negligence, breach of health and safety, and property rights violations by the Austin Newport Group, insurers Am Amlin, AXA XL, Hamilton Managing Agency, and accountant David Cushion. Flatley seeks €25 million in damages and has also initiated separate medical negligence proceedings. The court granted him permission to serve the defendants and adjourned a request for an injunction to preserve documents, with the case to resume later. The matter remains an ongoing civil action.

2023-12-05 · Cork

Child offenders who lodge appeals past age of 18 should not have anonymity preserved, State argues

The State argues that child offenders who become adults before their appeal is heard should not retain anonymity. The Court of Appeal will decide whether the 21‑year‑old who murdered student Cameron Blair can be publicly identified after appealing his sentence post‑turning 18. Mr Justice George Birmingham requested submissions from the Director of Public Prosecutions and the defendant's counsel. The defendant, aged 17 when the murder occurred, pleaded guilty and was sentenced just before his 18th birthday. The Children Act prohibits publishing anything likely to identify a child in court proceedings. Karl Finnegan SC contended that naming the young offender on appeal would violate the Act's spirit, while Anne Rowland SC argued that the Act's literal wording does not extend anonymity beyond 18. Mr Justice Birmingham noted a subsection of the Act that applies to appeal proceedings, questioning its purpose if anonymity is not preserved. The court will rule later.