Court archive

Court reports mentioning Letterkenny, Donegal

2026-07-23 · Donegal

Ex-garda seeks allowance for services to Irish-language communities

A retired Irish‑speaking Garda sergeant from Donegal, Paul Wallace, has been granted permission by the High Court to challenge the Garda Commissioner's refusal to reinstate his Ghaeltacht allowance, which he claims costs him €249.38 a month in pension payments. Wallace, who served as a Garda from 1985 and was promoted to sergeant in 1993, was allocated to several stations in Gaeltacht areas, including Glencolmcille and Bun Beag, and later to Letterkenny. He received the allowance for four years from 2003 and applied for its restoration in 2007, but was refused because Letterkenny was not designated as a Gaeltacht area at that time. He argues the Commissioner erred in law by failing to consider all relevant factors and by treating Letterkenny unfairly. The case, his second this year, was adjourned to November by Justice Mary Rose Gearty after a judicial review was granted by Paul McGarry SC.

2026-07-20 · Donegal

Six years for Algerian national who carried out 'violent predatory' sex attack

An Algerian national, Mohamed Hallam, has been jailed for six years for a violent predatory sexual attack on a young woman in Donegal. Hallam, who moved to Ireland in 2023, was convicted of sexual assault, assault causing harm, and non-fatal strangulation. The victim, who was heavily intoxicated, was attacked in a dark alleyway after meeting Hallam in a nightclub. She described being choked, pinned down, and sexually assaulted. The court heard that she had bruises and a possible bite mark on her stomach. Hallam initially denied the charges but later accepted the jury's verdict. The judge reduced the headline sentences due to mitigating factors, including Hallam's acceptance of guilt. The victim's impact statement detailed the lasting trauma she experienced. Hallam was ordered to undergo post-release supervision and engage in psychological counselling and a sex offender treatment programme.

2026-03-27 · Donegal

Native Irish speaker found not guilty of murdering grandfather by reason of insanity

A native Irish speaker, 39-year-old Derek Mulligan, has been found not guilty of murdering his grandfather by reason of insanity following a majority verdict by a Central Criminal Court jury. The jury accepted the evidence of two psychiatrists who testified that Mulligan was suffering from paranoid schizophrenia at the time of the incident. Mulligan had pleaded not guilty by reason of insanity to the murder of his grandfather, Derek Burns, who died from severe injuries sustained on December 19, 2023. The court also heard that Mulligan was found not guilty by reason of insanity on additional charges, including damaging property, making threats, and assaulting two individuals. The trial revealed that Mulligan had a history of mental health issues and had experienced significant trauma, including sexual abuse in his childhood. The court ordered Mulligan's commitment to the Central Mental Hospital for psychiatric assessment, with a return date scheduled for March 31. The judge exempted the jury from service for the next five years due to the difficulty of the case.

2026-03-25 · Donegal

Murder accused told doctors that release of abuser Michael Ferry caused him to 'spiral'

Two psychiatrists told the Central Criminal Court that Derek Mulligan was suffering from paranoid schizophrenia when he caused fatal injuries to his grandfather Derek Burns. Mulligan has pleaded not guilty by reason of insanity to murder, while the court also heard evidence that the release of Michael Ferry had caused him to 'spiral'; the trial continues.

2026-03-24 · Donegal

Native Irish speaker described how he 'smacked' grandfather's head with granite stone, cement block

The Central Criminal Court heard evidence that Derek Mulligan described attacking his grandfather Derek Burns with a granite stone and cement block. Mulligan has pleaded not guilty by reason of insanity to murder and also faces charges arising from incidents involving Catherine McDermott and the McFaddens in Donegal; the trial continues.

2026-03-23 · Donegal

Man pleads not guilty to murdering grandfather in Donegal Gaeltacht

Derek Mulligan has pleaded not guilty by reason of insanity to murdering his grandfather Derek Burns in Carrickcoyle, Donegal, in December 2023. Prosecuting counsel told the trial that State and defence psychiatrists agree Mulligan was suffering from a mental disorder when the killing occurred. The trial also concerns alleged property damage, threats and assaults on the same date, and continues before a judge and jury.

2026-03-16 · Donegal

Fugitives have 'no legitimate expectation of permanent immunity', court finds in upholding extradition over 1975 murder of RUC officer

The Court of Appeal upheld a decision to extradite John Edward McNicholl and Seamus Christopher O'Kane to Northern Ireland over offences linked to the 1975 murder of RUC Constable Robert John McPherson and an attempted murder. The court rejected arguments that delay, alleged abuse of process, ordinary life in the Republic or health concerns justified refusing surrender. It placed a stay on the extraditions to allow the men to ask the Supreme Court to hear their cases.

2026-03-06 · Carlow

Young Carlow woman may avoid jail for role in €12,000 Social Welfare fraud

Dion Timmons pleaded guilty to money laundering after €12,374.64 was deposited into her account in 23 transactions, including payments linked to a social welfare fraud. Judge Mary Morrissey reduced a headline sentence to 16 months and adjourned the case for a Probation Service assessment on whether community service could be ordered in lieu of prison.

2026-02-26 · Carlow

Carlow woman to be sentenced for money laundering

Dion Timmons pleaded guilty to money laundering after €12,374.64 was deposited into her account in 23 transactions connected to a social welfare fraud and other payments. Judge Mary Morrissey adjourned sentence to next Thursday to consider documents submitted on Timmons's behalf; she was remanded on continuing bail.

2026-02-05 · Donegal

State denied permission to appeal extradition refusal for sex offender wanted on historic driving charge

The High Court has refused the State's application for leave to appeal a decision declining to extradite a convicted sex offender to Northern Ireland. Mr Justice Patrick McGrath ruled that the case was exceptional, finding it would be disproportionate to order the surrender of Paul Lomas, aged 41, with an address in County Donegal, given the age of the matters in question and the type of sentence involved. The Northern Irish authorities sought Lomas's surrender for six offences dating back approximately 15 years, including five conviction matters and one charge of driving whilst disqualified from January 2011. The convictions stemmed from assaults on police officers and breaches of a Risk of an Interim Sexual Harm Order imposed following a 2009 conviction. Mr Justice McGrath noted that Lomas had served his custodial sentence for the serious offences and subsequently developed family connections in the State. The judge concluded the case had reached the threshold where refusal of surrender was warranted. The unnamed respondent pleaded guilty.

2025-12-16 · Donegal

Paramedic fired for letting patient light up at petrol station wins racial discrimination claim

A paramedic in Letterkenny has secured an award of €32,000 for racial discrimination from the Workplace Relations Commission following her dismissal over an incident at a petrol station. The EMT was fired for gross misconduct after allegedly permitting a patient to smoke during a journey, whilst her white colleague faced only a letter of concern for the same incident. The adjudicator found both staff members had acquiesced to the patient's request, yet received markedly different disciplinary outcomes. The employer attempted to shield the colleague under whistleblower protections, a defence the tribunal deemed misconceived. The adjudicator determined the disparity in treatment, coupled with the complainant's prior documented hostility toward the dismissed employee, raised an inference of discrimination on racial grounds. The employer failed to provide fair process, the tribunal noted, as the dismissed worker was denied knowledge of her accuser's identity or opportunity to respond to allegations. The tribunal ruled discrimination occurred under the Employment Equality Act 1998.

2025-11-18 · Donegal

Money mule recruiter jailed for role in €100k invoice redirection scam

Adeleke Adelani, 27, of Riverside View, Lower Main Street, Letterkenny, Co Donegal, has been sentenced to a consecutive 21-month prison term for laundering €100,397 in criminal cash in November 2019 and in January 2020, and for laundering the proceeds of crime on dates between October 2018 and February 2021. Adelani pleaded guilty to these charges. The court heard that €124,000 passed through his bank accounts, with only €3,500 accounted for, primarily from social welfare payments. The State's case is that Adelani was not involved in setting up the invoice redirection scams but was a recruiter for money mule bank accounts to facilitate the thefts. The court heard that the money ended up in the bank account of a 41-year-old Dublin woman who received a suspended prison sentence in March 2022. Adelani admitted to withdrawing cash and purchasing high-value items. Gardai found 50 images of other people's bank accounts on his phone. Adelani has previous convictions for assault, false imprisonment, burglary, and production of an article. He is currently serving a partially suspended seven-year sentence with a release date in November 2029. The judge stated that Adelani was 'up to his neck in money laundering' and that he was procuring bank accounts for substantial rewards. The 21-month sentence will run consecutive to his existing sentence.

2025-11-14 · Donegal

Serial rapist gets five years for attack on 18-year-old

A 37-year-old man from Castlefin, County Donegal, has been sentenced to five years imprisonment by the Central Criminal Court for the rape of an 18-year-old woman at an address in Convoy on 14 January 2018. Desmond Leitch was found guilty by jury following a trial in which evidence showed the victim was heavily intoxicated when she was taken to a spare bedroom and assaulted. The court heard that Leitch has previous convictions for rape and stalking. Mr Justice David Keane imposed the sentence taking into account Leitch's diagnosis of schizophrenia and mild intellectual dysfunction, though a probation report assessed him as posing a high risk of sexual reoffending. The judge backdated the sentence to October 2024 and imposed four years of post-release supervision with the Probation Service, requiring Leitch to comply with all directions issued.

2025-10-17 · Donegal

UK authorities held charges over RUC shooting 'in back pocket' for decades - lawyer

Two men sought by United Kingdom authorities on charges connected to a 1975 RUC shooting have argued before the Court of Appeal that decades-long delays in pursuing their extradition amount to an abuse of process. John Edward McNicholl, aged 73, of Newmills, Letterkenny, County Donegal, and Seamus Christopher O'Kane, aged 74, of Scalestown, County Meath, face charges relating to the investigation into the murder of Constable Robert John McPherson in County Derry on 26 July 1975 and an attempted murder. Both men escaped from the Maze Prison in May 1976 before trial. The High Court previously ruled in their favour regarding delay grounds was insufficient to refuse surrender, though noting some periods of inaction by authorities. At appeal, counsel for both men contended the nearly 50-year delay constituted an abuse of process, with prosecution decisions dating to 1976. The Minister for Justice's representative characterised the case as fundamentally one of delay rather than abuse of process. The three-judge court reserved judgement.

2025-07-14 · Donegal

Retired Donegal garda brings High Court action over Gaeltacht allowance

At the High Court, Ms Justice Mary Rose Gearty granted an application for leave brought by Paul McGarry SC for retired Donegal garda sergeant Paul Wallace, adjourning the matter to October. Mr Wallace, of Burtonport, is seeking judicial review against the Commissioner of An Garda Síochána over their alleged failure to determine his January 2023 application to restore his Gaeltacht allowance. He claims this inaction breaches fair procedures and prevents him from pursuing internal appeals. Mr Wallace alleges that his pension entitlements are affected, resulting in a claimed loss of €8,708.17 from his gratuity and €249.38 monthly from his pension. He states he served in Gaeltacht areas, including Glencolmcille and Bun Beag, and later in Letterkenny, which was designated a 'Gaeltacht service town' in 2020. Despite reapplying in 2023, he retired in March 2024 without a decision. The court did not conclude the case; it was adjourned.

2025-07-11 · Donegal

Violent rapist who harassed female journalists further jailed for breaching release conditions

Mark McAnaw, aged 53 and previously of Letterkenny, County Donegal, has been sentenced to an additional ten months in custody following a breach of suspended sentence conditions at Dublin Circuit Criminal Court. McAnaw pleaded guilty last month to harassing three female journalists in August 2023 and was handed an eleven-year sentence for those offences. He had been released from custody in July 2023 on the suspended portion of an earlier eight-year-four-month sentence for aggravated burglary, imposed in 2023. Judge Martin Nolan activated ten months of the sixteen-month suspended element, to run consecutively to the existing eleven-year sentence. The court heard McAnaw sent threatening emails and messages to the women and attended their workplace. He is currently detained in the Central Mental Hospital. A lifelong contact prohibition and exclusion order have been imposed.

2025-06-05 · Donegal

'Women shouldn't have to live in fear going to work': Violent rapist gets 11 years for harassment and threats to three journalists

A man with previous convictions for rape and kidnapping has been sentenced to eleven years imprisonment at Dublin Circuit Criminal Court for harassing three female journalists. Mark McAnaw, formerly of Letterkenny, County Donegal, pleaded guilty to charges relating to harassment that occurred in August 2023. He sent explicit and threatening emails to the women, including threats to kill, and attended their workplace. Judge Pauline Codd imposed the full sentence after McAnaw declined to accept conditions that would have suspended the final twelve months. She imposed a lifelong contact ban and ordered McAnaw remain ten miles from the women's homes and workplaces. The judge noted McAnaw's history of violent offending and his failure to engage with mental health treatment while detained at the Central Mental Hospital. McAnaw is assessed as presenting high risk of violent and sexual reoffending.

2025-06-04 · Derry

Pensioners can appeal extradition to NI over 1975 murder of RUC officer

Two men in their 70s have been granted leave to appeal their extradition to Northern Ireland on charges connected to the 1975 murder of an RUC officer. At the High Court, Mr Justice Patrick McGrath ruled that while authorities had provided detailed explanation for the delay in seeking their surrender, this was incomplete and included lengthy periods of inaction. John Edward McNicholl, of Newmills, Letterkenny, County Donegal, and Seamus Christopher O'Kane, of Scalestown, County Meath, face charges arising from the investigation into the death of Constable Robert John McPherson, shot in an ambush in County Derry on 26 July 1975. Both men escaped from the Maze Prison in May 1976 before trial. The judge certified questions for the Court of Appeal regarding whether the 48-year delay constituted abuse of process and whether the omission to seek surrender for all original offences was an abuse of process. Both men were remanded on continuing bail pending further hearing.

2025-05-06 · Donegal

Banned, serial offending ex-GAA star won't face more prison time for driving over cyclist despite DPP appeal

A former Donegal GAA player will not serve additional prison time following an unsuccessful appeal by the Director of Public Prosecutions at the Court of Appeal. Kevin McMenamin, aged 43, from Letterkenny, was convicted of dangerous driving causing serious bodily harm after striking a cyclist with a heavy goods vehicle in Dublin in July 2021. He was sentenced to 21 months imprisonment in January 2024 and disqualified from driving for five years. McMenamin had been released from custody in October 2024 after nine months, having been transferred to an open prison following enhanced remission application. The DPP argued the sentence was unduly lenient given McMenamin's 33 previous convictions, including multiple drink-driving and driving-without-insurance offences, and that he was already disqualified when the incident occurred. Justice Tara Burns dismissed the appeal, finding the sentence, while lenient, was not unduly so, having regard to mitigating factors including McMenamin's guilty plea, remorse, and work history.

2025-04-29 · Donegal

Banned, serial offending ex-GAA star spent just nine months in prison for driving over cyclist

A 42-year-old Donegal man with 33 previous convictions, including multiple road traffic offences, appeared before the Court of Appeal on 29 April regarding his sentence for dangerous driving causing serious bodily harm. Kevin McMenamin, from Letterkenny, pleaded guilty at Dublin Circuit Criminal Court to the offence and was sentenced in January 2024 to 21 months imprisonment and a five-year driving ban. The incident occurred in July 2021 when McMenamin, who was disqualified from driving at the time, broke a red light at Ballsbridge in Dublin and collided with a cyclist in her late sixties. The woman sustained severe injuries including a broken pelvis and leg trauma, requiring nearly five months of hospitalisation. McMenamin was released from open prison in October 2024 after serving nine months. The Director of Public Prosecutions appealed for an increased sentence, arguing the original term was inappropriately lenient and characterising McMenamin as someone who drives with disregard for road users' safety. The court reserved judgement, with delivery scheduled for 6 May.

2025-03-20 · Derry

Pensioners to be extradited to NI over 1975 murder of RUC officer

Two men in their seventies will be extradited to Northern Ireland to face charges relating to the 1975 murder of an RUC officer, the High Court has ruled. John Edward McNicholl, aged 73, of Newmills, Letterkenny, County Donegal, and Seamus Christopher O'Kane, aged 74, of County Meath, had argued their surrender would constitute an abuse of process due to the substantial delay in seeking their extradition. Mr Justice Patrick McGrath rejected both applications, finding no evidence to suggest either man would be denied a fair trial in Northern Ireland. McNicholl and O'Kane face charges arising from the investigation into the death of Constable Robert John McPherson, shot dead in County Derry on 26 July 1975. Both men escaped from the Maze Prison in May 1976 before trial proceedings commenced. The matter was adjourned to 3 April, with both men remanded on continuing bail pending their surrender.

2025-03-07 · Donegal

Journalists speak of living in fear after harassment and threats from violent rapist

Mark McAnaw, 52, pleaded guilty at Dublin Circuit Criminal Court to the harassment of Nicola Tallant, Amanda Brunker, and Deirdre Reynolds on various dates in August 2023. The court heard that McAnaw, who has previous convictions including rape and kidnapping, sent explicit and threatening emails to the three women, who are journalists. He also turned up at the Sunday World's office and contacted Ms. Brunker via social media. McAnaw is currently detained in the Central Mental Hospital. The court noted that at the time of the offending, he was not taking his medication. Judge Pauline Codd adjourned the case until June 5 to prepare a probation report and obtain an up-to-date psychiatric report. The matter was adjourned and not concluded. McAnaw previously received an eight-year, four-month sentence for an attack in 2018, with the final 16 months suspended for 16 years, and was placed under Probation Services supervision. The victims described living in fear due to the threats.

2025-03-06 · Donegal

Pair guilty of murdering pensioner whose body was thrown off Donegal cliffs

Alan Vial and Nikita Burns have been found guilty of murdering 66-year-old Robert Wilkin at the Central Criminal Court. The jury returned majority verdicts of ten to two against each accused. Wilkin's body was discovered in the sea below Sliabh Liag cliffs in County Donegal on June 25, 2023, eight days after his death. The trial heard that Wilkin suffered at least two depressed fractures to the head before being thrown from the cliff. DNA evidence linked blood and hair found on a rock at the cliff top to the victim. Both accused blamed the other for the assault, but the prosecution argued they acted in joint enterprise to cause serious harm. Vial, aged 39 from Killybegs, and Burns, aged 23 from Carrick, had pleaded not guilty. Both will receive the mandatory life sentence at a sentencing hearing, where the victim's family will make statements to the court.

2025-03-06 · Donegal

'The Plan': how two lovers came to throw a pensioner's body off Ireland's tallest cliffs

Alan Vial and Nikita Burns were convicted of murder by a jury at the Central Criminal Court. The court found that the pair killed 66-year-old Robert Wilkin and disposed of his body by throwing it off Sliabh Liag, Ireland's tallest cliffs. Following their convictions, Vial and Burns face the mandatory term of life imprisonment for murder. The prosecution alleged that the defendants struck Wilkin with a rock, stole his cash and personal items, and fabricated a story claiming he had sexually assaulted Burns. Vial testified in his own defence, alleging Wilkin attacked him first, but the jury rejected his account. The State Pathologist testified that the blows to Wilkin's head would not have caused instant death, contradicting Vial's claims. The court noted Vial's history of offending and his attempts to destroy evidence, including washing blood from his hands at Teelin Pier. The matter was finalised with the mandatory life sentences imposed on both defendants.

2025-01-27 · Donegal

Pensioner had injuries not in keeping with fall from Sliabh Liag, pathologist tells trial

At the Central Criminal Court in Dublin, the State Pathologist Dr Margot Bolster gave evidence in the trial of Nikita Burns, aged 23, of Carrick, County Donegal, and Alan Vial, aged 39, of Drumanoo Head, Killybegs, County Donegal. Both are charged with the murder of a 66-year-old man on 25 June 2023 in Donegal. Dr Bolster told the court that the deceased's body, recovered from the sea near Sliabh Liag eight days after the alleged incident, bore two depressed fractures to the rear of the skull inconsistent with injuries caused by a cliff fall. She stated these injuries appeared consistent with a blunt-force weapon strike and were likely inflicted before death. Additional evidence heard included testimony from gardaí at the scene of a car crash later that day in the Fintown area and from emergency responders. Both accused have pleaded not guilty to the charge.

2025-01-22 · Donegal

Pensioner had previous 'aggressive' altercation with murder accused, Sliabh Liag trial hears

A pensioner had engaged in an aggressive altercation with the man accused of his murder just three days before he was allegedly beaten with a rock and thrown from Ireland's highest cliffs, the Central Criminal Court heard today. Bruce Vial, brother of the accused Alan Vial, testified that on 22 June 2023 the defendant and his co-accused Nikita Burns visited his home with the deceased Robert Robin' Wilkin. During that visit, an altercation occurred between Vial and Wilkin, with both men shouting aggressively at each other. The following Sunday, after Wilkin's alleged death at Sliabh Liag in County Donegal, Vial and Burns returned to clean Vial's car using his vacuum cleaner. The vacuum was later found to contain what the witness believed was "red wine vomit". The trial also heard evidence from the manager of Mac's Bar in Dunkineely, who witnessed Wilkin strike Burns on the arm during a minor argument on the night in question. Alan Vial pleaded not guilty.

2025-01-17 · Donegal

Woman raped by partner declined counselling as notes could be used against her at trial

Paul Arthur, 59, of Letterkenny, Co Donegal, was sentenced today at the Central Criminal Court to 10 years' imprisonment after being found guilty by a jury of two counts of anal rape and one count of vaginal rape of his former partner, Susan Lynch. The offences occurred between September 2017 and July 2018. Mr Justice Patrick McGrath described the attacks as a repeated, pre-meditated breach of trust. In mitigation, the judge noted Arthur had no previous convictions and health issues, but determined prison would not be unduly oppressive. The sentence was backdated to when Arthur entered custody following the guilty verdicts in November. Ms Lynch, who waived anonymity, read a victim impact statement detailing her trauma, including panic attacks, surgeries, and alopecia. She stated she declined counselling because notes could be used against her at trial, a regret she expressed to the court. She also highlighted financial losses and the loss of her home and identity. Defence counsel John Berry SC confirmed there would be no appeal against the conviction. The court heard that a proposed law to protect rape survivors' counselling notes from admissibility has yet to be passed.

2024-12-18 · Donegal

Convicted rapist admits to harassing female journalists

A man with previous convictions for rape and kidnapping has pleaded guilty to harassing three female journalists at Dublin Circuit Criminal Court. Mark McAnaw, aged 52 and previously resident in Letterkenny, County Donegal, admitted to three counts of harassment against Sunday World staff members on various dates in August 2023. Judge Martin Nolan ordered the preparation of victim impact statements. McAnaw was remanded in custody pending sentence, scheduled for March 7 next. McAnaw has an extensive criminal history including a nine-year sentence imposed in 2012 for sexually assaulting a student in Donegal in 2010, and a 1989 conviction for kidnapping. He received an eight-year and four-month sentence in June 2023 for a separate assault, with the final 16 months suspended for 16 years subject to probation supervision.

2024-10-24 · Donegal

UK's Legacy Act prompted Northern Irish authorities to pursue 49-year-old murder case, court told

The High Court has heard arguments regarding the extradition of John Edward McNicholl and Seamus Christopher O'Kane to the UK, where they face charges related to the 1975 murder of Constable Robert John McPherson in Co Derry. Mr McNicholl is alleged to have murdered the constable and attempted to murder a second officer, while Mr O'Kane is charged with possession of firearms, including an RUC-issued weapon recovered during the ambush. Defense counsel argued that the extradition proceedings are oppressive and constitute an abuse of process, citing a nearly 50-year delay in seeking surrender. They contended that the pursuit of the men, initiated days before the UK's Legacy Act came into force, breached their rights under the European Convention on Human Rights and was driven by a change in the political climate. The State, represented by Remy Farrell SC, countered that arguments regarding abuse of process by Northern Irish prosecutors are matters for the courts in Northern Ireland, not the Dublin High Court. The court was told that previous extradition requests were refused on political grounds under the 1965 Act, but subsequent legislation removed such refusals. Mr Justice Pat McGrath deferred judgement and adjourned the matter to December 16.

2024-06-25 · Donegal

'Tray bake' row teacher denies 'creating narrative' of discrimination over not being reappointed

A teacher at Kilmacrennan National School in Co Donegal is pursuing a discrimination claim before the Workplace Relations Commission, alleging she faced religious-based comments during her employment. The complainant has stated she was subjected to derogatory references relating to her marriage to a Protestant man, including being called by her husband's surname years after ceasing professional use of it, and being told she would be better suited working at a neighbouring Church of Ireland school. She claims she was not reappointed for the 2022-2023 academic year despite a male colleague receiving reappointment without interview, while she competed in an open competition. The school denies discrimination, contending both posts were filled through open competition. The case, heard at Letterkenny Courthouse, resumed following an adjournment of nearly twelve months. In cross-examination, the school's counsel challenged the complainant's account of events and suggested she had created a discrimination narrative after being dissatisfied with the reappointment decision. The tribunal is scheduled to resume in October for further hearing.

2024-06-19 · Donegal

UK's extradition request over 1975 murder of RUC officer an 'abuse of process', men to argue

Two men resident in the Republic are contesting extradition proceedings at the High Court in connection with charges arising from the 1975 murder of an RUC constable in County Derry. John Edward McNicholl, aged 72, of Newmills, Letterkenny, and Seamus Christopher O'Kane, aged 73, of Scalestown, County Meath, face allegations relating to the death of Constable Robert John McPherson on 26 July 1975 and the attempted murder of a second officer. McNicholl is charged with murder and attempted murder, while O'Kane faces charges of firearms possession, including a weapon taken during the incident. Legal representatives for both men indicated they will argue the extradition request constitutes an abuse of process. Counsel for McNicholl emphasised that his client has resided in Ireland since 2003, with authorities making no previous surrender attempt until this year. The High Court adjourned proceedings to 10 July to allow time for comprehensive objections to be prepared. Both men remain on bail pending further hearing.

2024-06-12 · Donegal

TD offers bail surety for man accused of murdering RUC officer

A 72-year-old man arrested in Letterkenny, Co Donegal, has been granted bail at the High Court following his arrest on a Northern Irish warrant. John Edward McNicholl is alleged to have murdered RUC Constable Robert John McPherson during an ambush in Dungiven, Co Derry, on 26 July 1975. He faces an additional four charges relating to the possession of explosives and firearms at Garvagh, Co Derry, on 16 February 1976. Independent TD Thomas Pringle offered to act as an independent surety for bail. The court heard that consent to bail has been given by the Minister for Justice, subject to conditions including a cash lodgement of €7,000, surrender of travel documents, and weekly sign-ons at Letterkenny Garda Station. Mr Justice Patrick McGrath approved the bail arrangements. The case will return to court on 2 and 3 July.

2024-06-10 · Dublin

'When I sleep, I dream of Roulette': gambling addict moved €470k in drugs on bus

Peter Lam, an 80-year-old defendant from Belfast, pleaded guilty at Dublin Circuit Criminal Court to possession of drugs for sale or supply at Busaras, Dublin 1, on October 11, 2021. The court heard that Lam was intercepted by gardai upon arriving by bus from Donegal with two large boxes containing MDMA valued at €470,982, which were hidden among pottery and children's toys. Lam alleged he was acting as a courier to pay gambling debts, stating to gardai that he dreamed of Roulette. Judge Mary O'Malley Costello noted that while Lam had a previous 2013 conviction for cannabis cultivation and possession, his current role as a courier made him an important part of the drug trade. The judge acknowledged mitigating factors including Lam's guilty plea, age, health conditions such as dementia, and lack of English, but emphasized the need for deterrence and societal protection. Lam had spent ten months in custody on remand. Judge O'Malley Costello imposed a sentence of four years, suspending the final ten months. She ordered that Lam be given credit for the ten months already served in custody.

2024-01-19 · Dublin

Banned, serial offending ex-GAA star jailed for causing serious harm to cyclist

A man from Letterkenny, County Donegal, has been sentenced to twenty-one months in prison following a dangerous driving conviction at Dublin Circuit Criminal Court. Kevin McMenamin, aged forty-two, pleaded guilty to causing serious bodily harm to a cyclist in Ballsbridge on July twenty-second, twenty twenty-one. The court heard that McMenamin drove through a red light and made a sudden left turn, striking the woman and trapping her beneath his truck for two metres. The cyclist, in her late sixties, sustained a fractured pelvis and severe leg injuries, requiring hospitalisation for nearly five months and placement in an induced coma. McMenamin was disqualified from driving at the time of the incident. Judge Martin Nolan noted McMenamin's thirty-three previous convictions, including road traffic offences, and stated he showed no regard for the law. The judge imposed an additional five-year driving disqualification.

2023-12-04 · Donegal

Violent offender gets five years for raping woman (21) he met online

A man has been sentenced to five years' imprisonment following his conviction for rape at the Central Criminal Court in Dublin. Daniel Maymay, aged 31, of Kilmacrennan Road, Letterkenny, Co Donegal, was found guilty of one count of rape committed on 28 January 2019. He had pleaded not guilty to two counts of rape and false imprisonment; the jury acquitted him on the remaining charges. The court heard that Maymay and the woman met online and arranged to meet for coffee. During the encounter at his Letterkenny residence, the woman told him to stop sexual contact, but he continued. Maymay maintained the intercourse was consensual. The complainant did not initially report the incident but later contacted police after confiding in her mother. Justice Paul Burns imposed a six-year sentence with the final year suspended on strict conditions. Maymay has 17 previous convictions, including violent disorder and drug-supply offences, but no prior sexual convictions.

2023-07-03 · Donegal

Teacher in discrimination claim told she'd be 'better off selling traybakes' at protestant school, WRC hears

A teacher at a County Donegal school has brought a discrimination complaint to the Workplace Relations Commission in Letterkenny, alleging she was passed over for a permanent contract on grounds related to her religion. The complainant claims colleagues repeatedly addressed her by her Protestant husband's surname despite her use of her maiden name, made remarks suggesting she would be better suited to working at a neighbouring Church of Ireland school, and questioned her about her children's First Holy Communion while knowing they attended a Protestant school. She further alleges that the school's board chairman, a local priest, shouted at her for seeking union advice on employment matters and subsequently banned her from discussing prospects with staff. The teacher states she should have been appointed without interview to a vacant post in line with Department of Education policy, but instead was required to compete in open competition, which she did not win. The school denies the claims.

2023-05-22 · Donegal

14 years for brutal killing of Jasmine McMonagle

Richard Burke has been sentenced to fourteen years' imprisonment by the Central Criminal Court for the manslaughter of Jasmine McMonagle. The 32-year-old from Killygordon, County Donegal, was found guilty of manslaughter following Ms McMonagle's death on 4 January 2019 at Forest Park, Killygordon. Mr Justice Paul Burns determined that Burke's responsibility was substantially diminished by mental disorder, though he retained considerable culpability for the killing. The judge imposed a sentence of fifteen years with the final twelve months suspended for five years, backdated to Burke's initial custody. Burke must undergo psychiatric assessment before release and comply with prescribed medical treatment and probation requirements or face serving the suspended portion. Ms McMonagle, aged 28, was discovered deceased in her home following a three-hour standoff with gardaí. Her two young daughters were present in the house at the time but unharmed. The trial, held in Monaghan earlier in 2023, heard evidence from two psychiatrists regarding Burke's mental state at the time of the offence. The unnamed man was acquitted.

2023-03-29 · Roscommon

Garda identified defendant as attacker at Strokestown eviction farm

Patrick Sweeney, Martin O'Toole, Paul Beirne, and David Lawlor have pleaded not guilty to 17 charges each at Dublin Circuit Criminal Court. The defendants are alleged to have participated in an attack on four security guards at a repossessed property in Falsk, Strokestown, on December 16, 2018. The charges include false imprisonment, assault causing harm, aggravated burglary, arson, criminal damage, violent disorder, robbery, and causing unnecessary suffering to an animal. On day 17 of the trial, Detective Garda Enda Jennings testified that he identified Sweeney in body-camera footage based on prior acquaintance in Ramelton. Defense counsel challenged the reliability of this identification, noting that protocols governing such recognitions were not implemented in 2019. The court heard that the identification process lacked a second witness and contemporaneous notes, which are now required under 2023 guidelines. The trial continues.

2023-03-23 · Donegal

'No one to stop me': the Jasmine McMonagle murder trial

A man has been convicted of the murder of a woman in County Donegal in January 2019. The victim, a 28-year-old mother, was fatally beaten and strangled in her home in Killygordon following a distressed emergency call. Gardaí from Lifford attended the property within twenty minutes of the call. Armed response units conducted a forced entry after observing a child at an upstairs window. The accused was subdued with a taser after confronting officers with a hammer and refusing to comply with instructions. During subsequent garda interviews at Letterkenny station, the man admitted to the killing. He claimed he had lost control after becoming aware that the woman had contacted gardaí. Forensic psychiatric evidence presented at trial indicated the accused had experienced psychotic illness, auditory hallucinations, and persistent delusional beliefs about the victim's behaviour. The court heard evidence of his extensive history of substance abuse and previous psychiatric intervention. Two young children were present in the property at the time but were found unharmed.

2023-03-22 · Donegal

Jasmine McMonagle murder accused was suffering from mental disorder, psychiatrists tell trial

The Central Criminal Court in Monaghan heard testimony on 22 March from two psychiatrists who both concluded that Richard Burke was suffering from a mental disorder that substantially diminished his responsibility at the time of the alleged killing. Mr Burke, aged 32, of Killygordon, County Donegal, has pleaded not guilty to murder but guilty to manslaughter in relation to the death of Jasmine McMonagle at Forest Park, Killygordon on 4 January 2019. Forensic psychiatrist Dr Anthony Kearns told the jury that Mr Burke reported persistent delusional beliefs about Ms McMonagle's infidelity and claims she had given drugs to her children, beliefs found to be entirely false and without foundation. Dr Kearns also noted Mr Burke's history of substance abuse beginning in adolescence and periods of homelessness. Consultant forensic psychiatrist Dr Dearbhála Duffy stated Mr Burke was acutely psychotic at the time of the alleged offences and shortly thereafter. The trial continues before Mr Justice Paul Burns and jury.

2023-03-21 · Donegal

'I went ballistic, absolutely f**king ballistic,' Jasmin McMonagle murder accused told gardai

Richard Burke, aged thirty-two and from Killygordon in County Donegal, has pleaded not guilty to murder but guilty to manslaughter in connection with the death of Jasmine McMonagle at Forest Park on January 4, 2019. The Central Criminal Court trial, sitting in Monaghan, heard evidence that Mr Burke told gardaí during interviews at Letterkenny Garda Station that he punched and strangled Ms McMonagle with a rope after discovering she had contacted gardaí for assistance. He described losing control of his temper, stating his mind went blank during the assault. A post mortem examination confirmed Ms McMonagle died from ligature strangulation with blunt and sharp force injuries as contributing factors. The court heard gardaí responded to a 999 call within twenty minutes and encountered Mr Burke at the scene holding a meat cleaver, which he used to strike an officer's clothing. Ms McMonagle's two young daughters were found unharmed in the property. The trial continues.

2023-02-20 · Westmeath

Landmark case sees jail sentences increased for forced prostitution after 'voodoo ceremony'

The Court of Appeal has increased jail sentences for two women convicted in Ireland's first human trafficking case involving alleged voodoo ceremonies. Alicia Edosa and Edith Enoghaghase, originally sentenced in September 2021 following a June 2021 trial at Mullingar Circuit Criminal Court, were found guilty of trafficking women between 2016 and 2018. Evidence indicated victims underwent ceremonies in Nigeria before being coerced into prostitution across multiple locations including Castlebar, Letterkenny and Cavan. Mr Justice George Birmingham rejected their conviction appeals and found original sentences substantially inadequate. Edosa, formerly of Mullingar, has been re-sentenced to seven-and-a-half years imprisonment. Enoghaghase, also formerly of Mullingar, received seven years and one month. The judge noted the sentencing judge faced unprecedented circumstances with no comparative guidelines for this offence type. Alicia Edosa pleaded not guilty. Edith Enoghaghase pleaded not guilty.

2022-10-20 · Dublin

AK-47s found just a month after Regency shooting, Hutch murder trial hears

A Special Criminal Court in Dublin heard evidence on 20 October 2022 regarding three AK-47 assault rifles recovered in County Meath approximately one month after David Byrne was fatally shot at the Regency Hotel in Dublin on 5 February 2016. Inspector Padraig Boyce testified that a vehicle was intercepted near Slane on 9 March 2016 and the weapons were discovered in its boot, wrapped in a rug and white shirts. Ballistics evidence later matched cartridge cases recovered from the Regency Hotel to the seized rifles. The trial concerns Gerard Hutch, aged 59, from Clontarf, Dublin, who denies murdering Mr Byrne during a boxing weigh-in. Two co-accused, Paul Murphy and Jason Bonney, deny participating in or contributing to the murder by providing vehicle access. Detective gardaí provided CCTV evidence tracing movements of vehicles on the day of the incident. The trial, presided over by Ms Justice Tara Burns with two other judges, is expected to continue for approximately 12 weeks. Paul Murphy pleaded not guilty. Jason Bonney pleaded not guilty.

2022-03-14 · Donegal

Court upholds conviction of Ghanian men for rape of student

Two men have had their convictions for rape upheld by the Court of Appeal. Boakye Osei, formerly of Burnfoot in County Donegal, and Kelvin Opoku, formerly of Letterkenny, were each sentenced to nine years' imprisonment in March 2020 following their conviction at the Central Criminal Court for the rape of a woman in February 2015. The appellants challenged their convictions on three grounds: that the trial judge should have discharged the jury following questioning about the complainant's alcohol consumption, that video-link evidence should not have been permitted, and that mobile phone material had not been adequately disclosed to the defence. The Court of Appeal, presided over by Mr Justice George Birmingham alongside Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, rejected all grounds of appeal. The court found the trial judge's rulings on disclosure, video evidence, and witness questioning to have been proper and appropriate. The judges concluded they were not persuaded the trial was unfair or the verdicts unsafe. Boakye Osei pleaded not guilty. Kelvin Opoku pleaded not guilty.

2022-02-14 · Donegal

Donegal Co Council seeks injunction preventing Frank McBrearty Jnr from attending meetings

Donegal County Council has applied to the High Court for an injunction to enforce the suspension of Councillor Frank McBrearty Jnr from attending council meetings until the end of February. The independent councillor was suspended on 31 January following allegations of disorderly conduct at council proceedings. Counsel for the council told Mr Justice Senan Allen that Cllr McBrearty, who disputed the suspension, attended a meeting the following week and allegedly disrupted it, causing adjournment. The council seeks to prevent him from attending, speaking, or participating in any council or committee meetings until 27 February, and from attending meetings at Aura Leisure Centre in Letterkenny. The judge granted permission to serve short notice of proceedings on Cllr McBrearty of Raphoe. The matter will return to court later in the week. Cllr McBrearty, elected since 2009, gained prominence following the Morris Tribunal's 1996 findings regarding alleged garda misconduct.

2021-12-14 · Dublin

Woman jailed for role in violent taxi hijacking

Nikkita Brogan, 24, of Letterkenny, Co Donegal, was sentenced at Dublin Circuit Criminal Court for her role in a violent taxi hijacking. The validated procedural stage for this report is an appeal, as the case was previously sent to the Court of Appeal by the Director of Public Prosecutions to clarify a procedural matter regarding the service of books of evidence. Brogan pleaded guilty to the unlawful seizure of a vehicle at Rutland Grove, Crumlin, on May 6, 2019. She admitted to unbuckling the taxi driver's seatbelt and assisting in reattaching the gearstick knob while two men assaulted the driver. Judge Melanie Greally handed down a 32-month sentence, suspending the final 12 months on conditions. Brogan has been in custody since January. The court noted her remorse and rehabilitation efforts. The two male accomplices, Peter and Jason Collins, were sentenced in December 2019 for robbery, assault causing harm, and unlawful seizure of a car. Peter Collins received four and a half years' imprisonment, while Jason Collins received three and a half years, with the final 12 months suspended. Brogan has 76 previous convictions, mainly for shoplifting, and was on bail for theft offences at the time of the incident.

2021-12-14 · Donegal

Former vet wanted to face bestiality charges will be extradited to UK

The High Court at Letterkenny has ordered the extradition of a 36-year-old man to face serious charges in the United Kingdom. Oliver Lown, formerly residing in Ipswich, Suffolk, is wanted by UK authorities on twelve counts, including alleged sexual activity with animals, making child abuse material, perverting the course of justice, and drugs offences. Mr Justice Paul Burns dismissed legal arguments against the extradition warrant, rejecting submissions that the European Arrest Warrant system was flawed following Brexit arrangements. The judge found the warrant and supporting documentation from UK prosecutors sufficiently clear and reliable. Mr Lown will be surrendered on all charges except one count of possessing extreme pornographic material, which has no equivalent Irish offence. He was remanded in custody for a minimum of fifteen days before his surrender within a subsequent ten-day period. A pending drugs-driving charge at Letterkenny District Court was deemed insufficient grounds to delay the extradition process.

2021-11-25 · Donegal

Judge shouldn't have asked question about victim's intoxication, jailed pair argue

Two men convicted of rape have appealed their convictions at the Court of Appeal, arguing the trial judge erred in questioning a witness about the complainant's level of intoxication. Boakye Osei, formerly of Burnfoot, County Donegal, and Kelvin Opoku, formerly of Letterkenny, County Donegal, were found guilty by jury at the Central Criminal Court and sentenced to nine years imprisonment in March 2020. Their counsel submitted that the judge's direct question regarding the complainant's alcohol consumption was inappropriate in a case where capacity to consent was central to the prosecution case, and that the jury should have been discharged. Defence teams also raised concerns regarding incomplete disclosure of mobile phone material prior to trial and the complainant's use of video-link evidence rather than attending court in person. The Director of Public Prosecutions countered that the judge's question was minor and within judicial discretion, and that the disclosure matter was straightforward. Judgment has been reserved. Boakye Osei pleaded not guilty. Kelvin Opoku pleaded not guilty.

2021-07-21 · Donegal

Man who twice attacked neighbour's home and tried to escape by swimming to Tyrone has jail sentence doubled

A man from Raphoe in County Donegal has had his prison sentence doubled by the Court of Appeal following two attacks on his neighbour's home and an assault that left her with a broken jaw. Leon Kelly was originally sentenced to two-and-a-half years, with twelve months suspended, by Letterkenny Circuit Court in November 2020 for assault causing harm and criminal damage. The Director of Public Prosecutions appealed on grounds of undue leniency. The court heard that Kelly rammed his vehicle into his neighbour's car and home on 13 April 2019, causing €13,000 in damage and breaking the woman's jaw. He subsequently fled across the River Finn into Northern Ireland but was apprehended by the PSNI and returned. Eight days later, he attacked the same property again with his Volkswagen Passat. Mr Justice Patrick McCarthy increased the sentence to three years imprisonment, finding the original term did not reflect the gravity and violence of the offences. Leon Kelly pleaded guilty.

2021-07-16 · Dublin

Woman to be sentenced for role in taxi hijack

Nikkita Brogan, a 24-year-old woman from Letterkenny, Co Donegal, appeared at Dublin Circuit Criminal Court regarding her role in a taxi hijacking. She pleaded guilty to the unlawful seizure of a vehicle at Rutland Grove, Crumlin, on May 6, 2019. Prosecution evidence, including dashcam footage, alleged that Brogan, seated in the back, released the driver's seatbelt to allow two men to drag the 60-year-old driver from the vehicle and assisted in reattaching the gearstick knob. The men, who have already been sentenced for robbery and assault, allegedly choked and punched the driver. Brogan admitted to unclicking the seatbelt but denied threatening the victim. Her defense counsel, Paul O'Carroll SC, noted that the case had been delayed by a procedural matter referred to the Court of Appeal by the Director of Public Prosecutions to clarify the service of books of evidence. He also highlighted Brogan's 76 previous convictions, primarily for shoplifting, and her current three-month term for theft. Judge Melanie Greally observed that past leniency had not improved Brogan's conduct. The matter was adjourned until November 12 to allow a probation report to be prepared, with the balance of the plea in mitigation to be heard on that date.