Court archive

Court reports mentioning Bundoran, Donegal

2023-12-18 · Donegal

Over 200 witnesses involved in Sliabh Liag cliffs murder case, court hears

At the Central Criminal Court, a trial date of January 13, 2025 has been fixed in a case involving two Donegal residents accused of murder. Alan Vial, aged 38, of Killybegs, and Nikita Burns, aged 22, of Bundoran, face charges relating to the death of a man in his 60s originally from County Tyrone. The body was discovered in waters off Sliabh Liag cliffs on July 3, 2023, following a comprehensive search operation. The court heard that the book of evidence contains 213 witnesses. Mr Justice Paul McDermott indicated the trial is expected to last approximately four weeks and advised counsel to identify areas of agreed evidence beforehand, given the substantial witness list involved in the proceedings.

2023-11-24 · Wicklow

'Slender Man': the trials of Gerard Cervi

A man appeared at the doorway of Bray Boxing Club in County Donegal on the morning of 5 June 2018, dressed in high-visibility clothing and a balaclava, armed with a firearm. During a strength and conditioning class, he discharged multiple shots into the gym. Bobby Messett, a 50-year-old father of three, was fatally wounded. Boxing coach Pete Taylor was also shot but survived his injuries, which included a bullet wound to his chest and bicep. Witnesses described the gunman scanning the room between shots and firing in a sweeping motion across the gym. Several class participants, including a 16-year-old student and other regular attendees, were present during the incident. Taylor was taken to hospital for surgery and required extended medical recovery. The case has proceeded through the Central Criminal Court, with Gerard Cervi facing trial in connection with the shooting. The incident left multiple witnesses traumatised and the local boxing community devastated by Messett's death.

2023-05-18 · Wicklow

Bray Boxing Club murder accused may be granted bail

Gerard Cervi, the appellant accused of the murder of Bobby Messett and the attempted murders of Pete Taylor and Ian Britton at Bray Boxing Club in June 2018, may be granted bail on stringent conditions. The Court of Appeal found that Cervi has spent a "highly unusual amount of time" in custody, nearly five years, without a date for his second trial. While the State opposed bail, citing flight risk due to his post-incident travel to Spain, the court noted the absence of an imminent trial date. Justice George Birmingham stated that the substantial period in custody and uncertain timeline persuaded the court to contemplate bail, provided strict conditions are met. These proposed conditions include residing at a named address, signing on twice daily, surrendering travel documents and driving licence, installing a landline, and allowing electronic tracking of his mobile phone. The court invited parties to return to discuss whether these proposals were broadly appropriate. The matter was adjourned to allow for further discussion on the conditions, and no final decision on the bail application was made at this stage.

2023-05-05 · Donegal

Bray Boxing Club murder accused in custody for five years, without new trial date

A man accused of murdering Bobby Messett and attempting to murder boxing coach Pete Taylor during a shooting at Bray Boxing Club in June 2018 has applied for bail at the Court of Appeal, citing nearly five years in custody without a trial date. Gerard Cervi, originally from Dublin, faces charges relating to the incident in which a gunman entered the premises on Bray Harbour, County Wicklow, and fired nine shots. His trial at the Central Criminal Court collapsed in September 2021 after ten weeks when jury numbers fell below the required threshold. Cervi's legal team argued that extended delay, combined with an anticipated Supreme Court ruling on phone evidence, justified reconsideration of bail conditions. The State opposed the application, citing evidence that Cervi had purchased a one-way ticket to Malaga at the time of his arrest and had made unexplained trips to Spain after the shooting. Mr Justice George Birmingham adjourned the matter to May 18 for further submissions regarding Cervi's work history, travel patterns, and living arrangements.

2023-03-23 · Donegal

Allegations against manager on ring buoy inspections rejected as 'hearsay', as unfair dismissal claim is upheld

A manager at Donegal Council who dismissed the county lifeguard supervisor over alleged failures to complete ring buoy safety inspections relied solely on hearsay evidence, the Workplace Relations Commission has found. Lisa Dalton's unfair dismissal claim was upheld on 23 March 2023 following her termination in November 2021. A senior council engineer cited concerns that inspections were not appearing in an app database and that lifeguards had been given the impression the work "didn't matter". Ms Dalton disputed these allegations and stated her own inspections were completed. The adjudicating officer noted the council could not produce the complainant's line manager or officials directly involved in the dismissal process to give evidence. The council also failed to establish a procedural basis for dismissal, having not properly notified Ms Dalton that her probation period remained active. Ms Daly ordered Donegal Council to pay €10,000 compensation, finding the employer had not proven poor work performance contributed to the dismissal. The complainant's claim for over €30,000 in lost earnings was reduced due to insufficient mitigation efforts.

2023-03-01 · Donegal

Lifeguard supervisor sacked over alleged failure to oversee 'life-or-death' ring buoy inspections brings unfair dismissal case

Lisa Dalton, a former lifeguard supervisor dismissed by Donegal County Council in November 2021, brought a complaint under the Unfair Dismissals Act 1977 before the Workplace Relations Commission. The council alleged she failed to ensure regular ring-buoy inspections were logged in a mobile app, citing broken trust over safety-critical duties. Dalton disputed this, stating her personal inspections were 100% completed and that she lacked adequate digital access to monitor lifeguard logs. She also noted she was absent with Covid-19 during key summer months. The council admitted it could not produce her line manager, David Friel, or the decision-makers to give evidence. Adjudicator Emile Daly stated she was not persuaded by the council's argument that Dalton was still on probation and thus unprotected by the Act. The matter has been adjourned for Ms Daly to consider her decision.

2022-11-28 · Cork

Property developer allowed write off over €170m in debt in insolvency arrangement

The High Court has approved a Personal Insolvency Arrangement allowing a former property developer to write off approximately €170 million in debt. The 55-year-old developer, based in County Cork, established a property investment and development company roughly two decades ago, which accumulated significant liabilities following the 2008 economic downturn. Creditors including NAMA, Ulster Bank, Pepper Finance, Link Finance, and private individuals were owed substantial sums. Under the approved arrangement, the debtor will provide €80,000 to creditors, who will receive minimal returns on unsecured debts. Two properties located in Bundoran, County Donegal, and County Tipperary will be surrendered to secured creditors. The arrangement, which lasts twelve months, was supported by the clear majority of creditors at a meeting, with only one institution opposing it. Mr Justice Alexander Owens approved the arrangement, noting creditors will receive considerably better terms than if the debtor were declared bankrupt.

2019-07-01 · Dublin

Pair jailed for helping move €350k in cocaine

Two men have been jailed for six years at Dublin Circuit Criminal Court following their admission of involvement in transporting cocaine valued at €350,000. Arvydas Steponkus, aged 45, of Clondalkin, Dublin and Thomas O'Boyle, aged 33, of Sligo pleaded guilty to possession of the drugs for sale or supply on Cruiserath Road, Blanchardstown on 24 February 2018. Steponkus handed over €280,000 worth of cocaine to O'Boyle, with a further €70,000 discovered in a hidden compartment of the Ford Mondeo Steponkus was operating. Gardaí intervened following surveillance after a tip-off revealed the exchange. Judge Martin Nolan noted both men transported the drugs for payment and were aware of their involvement, acknowledging their co-operation and useful admissions to investigating gardaí. O'Boyle has 29 previous convictions including a 2008 drug offence, whilst Steponkus has no prior convictions.

2019-04-15 · Donegal

Mary Lowry's evidence "devious poison", defence tell Moonlight jury

At the Central Criminal Court, defence counsel Bernard Condon SC characterised Mary Lowry's evidence as fundamentally unreliable during closing arguments in the trial of Patrick Quirke, accused of murdering Bobby Ryan, known as Mr Moonlight. Mr Quirke, aged 50, of Breanshamore, County Tipperary, has pleaded not guilty to the murder of Mr Ryan, a part-time DJ, who disappeared on 3 June 2011 from Ms Lowry's home near Bundoran, Donegal. His remains were discovered in an underground tank on farmland at Fawnagowan 22 months later. Mr Condon submitted that Ms Lowry had altered her account of events between her initial 2011 statement to gardaí and her later testimony, particularly regarding observations she made on the morning of Mr Ryan's disappearance. He contended that she had demonstrated a pattern of inconsistency about the Bundoran incident and other matters, describing her as manipulative. The defence case proceeded that evidence of the former relationship between Ms Lowry and Mr Quirke, whilst complex, did not constitute evidence of murder. The trial continues before Ms Justice Eileen Creedon.

2019-02-05 · Tipperary

Accused knew of tank where body was found, Moonlight murder trial hears

A man accused of murdering a disc jockey known as Mr Moonlight knew of the existence of a tank where the victim's remains were discovered, the Central Criminal Court has heard. Patrick Quirke, aged 50, of Breanshamore in County Tipperary, has pleaded not guilty to the murder of Bobby Ryan, aged 52, between June 2011 and April 2013. Mr Ryan disappeared in June 2011 and his body was found in a run-off tank on a farm at Fawnagowan, Tipperary, in April 2013. Prosecution evidence suggests Mr Quirke killed Mr Ryan to resume a relationship with the deceased's girlfriend. Witness testimony established that Mr Quirke was familiar with the tank's location, built in the late 1970s on the farm. A neighbour recalled seeing an unusual silver van—matching the type driven by Mr Ryan—parked on a nearby laneway the morning he went missing. The trial before Justice Eileen Creedon and jury continues at the Central Criminal Court.

2019-02-04 · Tipperary

"Something wasn't right": Bobby Ryan's son tells trial of meeting Mary Lowry

At the Central Criminal Court, the son of Bobby Ryan told how he encountered Mary Lowry at her farm on the morning his father vanished in June 2011. Robert Ryan Junior said Ms Lowry appeared visibly shaken and upset, and he sensed immediately that something was wrong. He noted her behaviour seemed designed to hurry him away from the property. Patrick Quirke, aged 50 from Breanshamore, County Tipperary, has pleaded not guilty to the murder of Mr Ryan between June 2011 and April 2013. Mr Ryan's body was discovered in a waste tank on a farm at Fawnagown that Ms Lowry owned and Mr Quirke leased. The deceased's daughter, Michelle Ryan, a DJ herself, described finding her father's Citroen van in Breansha Wood after he failed to appear for work. She noted the vehicle's condition suggested her father had not been the last person to drive it. The trial before Ms Justice Eileen Creedon continues before a jury.

2018-11-22 · Sligo

Musician likely to have been incapacitated when stabbed to death, trial hears

At the Central Criminal Court, a pathologist has given evidence that a musician found dead in his Sligo home was severely intoxicated at the time of his death. Deputy State Pathologist Dr Michael Curtis told the trial of Keith Brady, aged 31 from Carton Estate in Sligo, that the deceased sustained two stab wounds to the neck. One wound severed the carotid artery and would have proved fatal within minutes. Dr Curtis stated the deceased had consumed alcohol at more than eight times the legal driving limit, rendering him likely incapacitated and unable to defend himself. The pathologist noted no defensive injuries were present. Mr Brady has pleaded not guilty to murder but guilty to manslaughter concerning events at a residence on Holborn Street in Sligo between August 2 and 3, 2015. The trial, before Justice Carmel Stewart and jury, continues at the Central Criminal Court.

2016-07-06 · Donegal

Charge of harassment dropped against garda who was committed to Central Mental Hospital

A harassment charge against a garda from Bundoran, County Donegal has been withdrawn at Dublin Circuit Criminal Court. Garda Donal Maguire, aged 40, had previously been found not guilty by reason of insanity on two counts of harassment following a trial last month. The jury returned that verdict after hearing evidence that he had sent a Valentine's card, emails and a social media friend request to a married female sergeant despite being instructed by superiors to cease contact. Mr Maguire, who suffers from early onset dementia, was committed to the Central Mental Hospital following the trial. The Director of Public Prosecutions entered a nolle prosequi on the additional harassment charge, relating to conduct between February and March 2014, resulting in its withdrawal.

2016-06-27 · Dublin

Garda who harassed female colleague is committed to Central Mental Hospital

A garda from Bundoran, County Donegal, has been committed to the Central Mental Hospital following a verdict of not guilty by reason of insanity at Dublin Circuit Criminal Court. The officer was found not guilty on two counts of harassment against a married female sergeant after a jury determined he was suffering from a mental disorder at the time of the offences, which occurred between February 2012 and February 2013. Medical evidence established that the garda had frontotemporal dementia, diagnosed as early onset, which impaired his judgment and impulse control. The court heard the harassment caused significant distress to the complainant and affected her work and family life. Judge Elma Sheahan ordered the garda's detention at the Central Mental Hospital for inpatient care and treatment, following a clinical assessment indicating he required ongoing treatment at a designated centre.

2016-06-16 · Dublin

Garda found not guilty of harassing married colleague by reason of insanity

A garda from Bundoran, County Donegal, has been found not guilty by reason of insanity of harassing a married female sergeant at a Dublin garda station between February 2012 and February 2013. The 40-year-old man had sent a Valentine's card, numerous emails via the garda Pulse system, and a Facebook friend request to the woman despite repeated warnings from superiors and an oral undertaking to cease contact. Dublin Circuit Criminal Court heard the behaviour caused the complainant significant stress and affected her work and family life. Two forensic psychiatrists gave evidence that the accused was suffering from frontotemporal dementia, an early-onset condition causing erotomania and an inability to understand the impact of his actions or control his behaviour. The jury returned a not guilty verdict after deliberating for one hour. Judge Elma Sheahan committed the man to the Central Mental Hospital pending a report for 27 June to determine appropriate steps.

2016-06-16 · Dublin

Garda (40) who harassed colleague was suffering from early-onset dementia, psychiatrists say

Garda Donal Maguire, 40, of Bundoran, Co. Donegal, is on trial at Dublin Circuit Criminal Court on two counts of harassing a female sergeant between February 2012 and February 2013. He has pleaded not guilty by reason of insanity. Prosecution counsel Gerardine Small BL stated that while the harassment is not disputed, the jury must determine if Maguire suffered from a mental disorder at the time. Two forensic psychiatrists, Dr. Brenda Wright for the State and Dr. Conor O'Neill for the defence, testified that Maguire was diagnosed with frontotemporal dementia, an early-onset condition, from approximately 2010. They concluded that his disorder, which included symptoms such as erotomania and a lack of empathy, meant he did not appreciate his actions were wrong and lacked the ability to form intent under the Criminal Law (Insanity Act 2006). Both experts noted that his persistent behaviour, despite warnings from superiors, was consistent with his diagnosis. Defence counsel Ronan Kennedy BL described the case as tragic, noting Maguire's promising career was affected by his illness. Maguire is currently being treated in the Central Mental Hospital with no immediate plans for discharge. Both legal teams urged the jury to return a verdict of not guilty by reason of insanity. The jury, comprising three women and nine men, was addressed by Judge Elma Sheahan and is expected to retire to consider their verdict.

2016-06-15 · Dublin

Garda harassed female sergeant with Valentine's Card, emails and Facebook request

A garda stationed in Bundoran, County Donegal, has pleaded not guilty by reason of insanity to two counts of harassment against a female sergeant at Dublin Circuit Criminal Court. The accused is alleged to have sent a Valentine's card, multiple emails and a Facebook friend request to the woman between February 2012 and February 2013, despite repeated warnings from senior officers to cease contact. The prosecution does not dispute that harassment occurred but contends the central issue for the jury is whether the accused was suffering from a mental disorder at the time. The court heard that the woman, who is married with children, had made clear her lack of romantic interest and that the unwanted contact caused her significant distress, affecting her work and family life. A consultant psychiatrist is expected to give evidence that the accused was unable to understand his actions were wrong. The trial continues before Judge Elma Sheahan and jury.

2016-06-15 · Donegal

Garda pleads not guilty to harassment by reason of insanity

A member of An Garda Síochána from Bundoran, County Donegal, has gone on trial at Dublin Circuit Criminal Court charged with harassment offences. Garda Donal Maguire, aged 40 and residing at Rock Road, Bundoran, pleaded not guilty by reason of insanity to two counts of harassing a woman at a Dublin location. The alleged conduct occurred across two separate periods: between 18 February and 11 March 2012, and between 1 August 2012 and 4 February 2013. The trial commenced before Judge Elma Sheahan and a jury and is anticipated to conclude within two days.

2015-01-29 · Longford

"Highly qualified" carpenter spared jail over heroin find

A 32-year-old carpenter from Longford has avoided a custodial sentence following his admission to permitting the supply of heroin within his vehicle. Robert Nevin pleaded guilty at Dublin Circuit Criminal Court to an offence relating to a controlled substance found in a van he was driving on August 15, 2012. Gardaí stopped the white Ford Transit after observing a red light breach and discovered approximately 120 grammes of heroin, valued at over €18,000, concealed within the vehicle. Nevin had travelled from Mullingar to Dublin with another man to collect the drugs. Judge Martin Nolan suspended a three-and-a-half-year sentence. The defence outlined that Nevin, who had previously operated a carpentry business serving Donegal and Sligo, developed a heroin addiction following personal difficulties and his mother's death in 2007. His co-accused received a similar sentence with a portion suspended.

2014-12-02 · Dublin

Garda to stand trial twice next year accused of harassing women

A garda is to face two separate trials at Dublin Circuit Criminal Court next year on allegations of harassing women. Garda Donal Maguire, aged 38, is charged with harassing one woman at a Dublin location during 2012, and with harassing a second woman at a Dublin location on dates in 2014. The accused, formerly resident in Kilbarrack, Dublin, is now living in Bundoran, Co Donegal. At a hearing before the District Court, the defence indicated both trials would require approximately three days each. Trial dates have been set for 30 June and 12 October 2015. Garda Maguire has been remanded in custody pending trial. Pre-trial dates were scheduled for 15 May and 10 July 2015. The court noted that no plea has yet been entered, and the accused remains presumed innocent.

2014-10-21 · Dublin

Garda accused of harassing a woman brought before court after arrest on warrant

A garda has been remanded in custody at Dublin Circuit Criminal Court after being arrested on a bench warrant for failing to appear at a scheduled hearing. Garda Donal Maguire, aged 38, faces charges of harassing a woman at locations in Dublin during 2012 and early 2013. He was arrested at his mother's home in Bundoran, County Donegal, after Judge Mary Ellen Ring issued a warrant when he did not appear as directed. The accused, formerly of Kilbarrack in Dublin, told gardaí he lacked funds to travel for the court appearance, though this explanation was disputed by inspectors. His defence counsel indicated a bail application may be sought at the next hearing on November 10th. The judge stressed that no plea has yet been entered and the defendant remains presumed innocent pending trial.

2014-10-20 · Dublin

Bench warrant for garda accused of harassing women

A bench warrant has been issued for the arrest of a garda accused of harassment following his failure to appear at Dublin Circuit Criminal Court. Garda Donal Maguire, aged 38, faced charges of harassing a woman at a Dublin location during 2012 and again during 2012 and early 2013. He had been remanded on continuing bail in July with an instruction to appear for arraignment today. The accused, formerly resident in Kilbarrack, Dublin, is currently based in Bundoran, County Donegal. His defence counsel noted that Maguire had discharged himself from hospital in Sligo to attend his previous court date and requested discretion in executing the warrant given the circumstances involved. The prosecution indicated the accused is accessing mental health services, with certain concerns noted. Judge Mary Ellen Ring issued the warrant at Dublin Circuit Criminal Court.

2014-05-20 · Donegal

Local election candidate avoids jail

A local election candidate in Bundoran, County Donegal, avoided imprisonment at the High Court after agreeing to remove material from YouTube that Bundoran Town Council alleged to be defamatory. Patricia McCafferty, an Independent candidate for Donegal County Council, had previously been directed by Mr Justice Paul Gilligan on 1 May to take down the posts and cease distributing election literature. When she failed to comply, she was brought before the court to answer contempt charges. Ms McCafferty, representing herself, undertook to remove the posts and election materials "under protest," stating she rejected the council's claims and intended to appeal the original order. Following her compliance, Mr Justice Gilligan found the contempt issue concluded and awarded legal costs to Bundoran Town Council, though a stay was placed pending the full hearing of the action. The judge directed that a statement of claim be served within 21 days.

2014-05-16 · Donegal

High Court orders arrest of local election candidate

The High Court has ordered the arrest of an independent candidate standing for Donegal County Council following her alleged failure to comply with court orders regarding defamatory material posted online. Mr Justice Paul Gilligan ruled on Friday that Patricia McCafferty of Bundoran be arrested and brought before the court on a charge of contempt of court. Bundoran Town Council sought the order after Ms McCafferty allegedly failed to remove YouTube videos from the social media platform despite a High Court directive issued on 1 May requiring their removal. The council claims the videos and signage displayed in the town make defamatory allegations against its members and officials. The court heard that while roadside signs have since been taken down, the YouTube posts remain accessible. Ms McCafferty, a former traffic warden dismissed by the council in 2008, was not present at the hearing. The judge found she had breached the court orders and been properly served notice of proceedings.