The Director of Public Prosecutions has appealed an 18-month custodial sentence imposed on a Donegal man, arguing it was unduly lenient. Leon Kelly, aged 34, pleaded guilty at Letterkenny Circuit Criminal Court to assault causing harm and criminal damage following incidents in April 2019 at Beechwood Grove, Lifford. The victim sustained a broken jaw and lost a tooth during an unprovoked assault. Kelly twice rammed his vehicle into the victim's car and home in what the court heard stemmed from a dispute over money. Following the first incident, Kelly fled and attempted to cross the River Finn into Northern Ireland, where he was apprehended by the PSNI. He rammed the home again eight days later. The DPP contends the original sentence failed to reflect the gravity of the offences, citing Kelly's use of a vehicle as a weapon while under the influence of alcohol as an aggravating factor. The Court of Appeal, comprising Mr Justice Séamus Woulfe, Mr Justice Patrick McCarthy, and Ms Justice Isobel Kennedy, reserved judgment.
The High Court in Dublin is examining two separate challenges to mandatory hotel quarantine requirements for people arriving in Ireland from designated countries. Counsel for the applicants argued that the measures breach constitutional rights to liberty and amount to unlawful detention. One applicant is a healthcare worker based in Letterkenny, County Donegal, who returned from South Africa on 9 April and has since tested negative for Covid-19 twice. The second applicant, a fully vaccinated healthcare worker from Dublin, returned from Dubai on 10 April. Both cases raise questions about the proportionality of the scheme and whether individual circumstances receive adequate consideration. The State's medical adviser, Dr Darina O'Flanagan, defended the quarantine measures as necessary and proportionate responses to pandemic risks, particularly regarding variants. Mr Justice Brian O'Moore is hearing the inquiry and indicated he would deliver a decision shortly after proceedings conclude. The hearing resumed on Saturday morning for State submissions.
A man wanted by United Kingdom authorities to face multiple charges including sexual activity with animals and possession of extreme pornographic material has challenged an extradition warrant in the High Court on grounds relating to Brexit and procedural defects. Oliver Lown, aged 35, was arrested by gardaí at Gortnaskea near Letterkenny, County Donegal, in February following endorsement of a European Arrest Warrant issued by Suffolk police. He faces twelve offences arising from material discovered during a search in April 2019. His barrister argued before Mr Justice Paul Burns that the warrant is "fatally flawed" because it was endorsed by Irish courts after December 31, 2020, when the UK-EU extradition framework changed to an opt-in system which Ireland had not yet adopted. Additional arguments were raised regarding the issuing authority and completion of the warrant documentation. Mr Justice Burns requested written submissions and adjourned the matter to April 11th for further hearing.
In a High Court judgment, Ms Justice Miriam O'Regan adjourned for one year a Section 160 application brought by Jim Ferry against John Caulderbank (trading as D&M Services) and D&M Environmental Services Ltd (trading as DM Waste). The action, filed under the 2000 Planning and Development Act and the 1996 Waste Management Act, alleged that the respondents' waste facility at Labbadish, Manorcunningham, Letterkenny, Co Donegal, was operating without proper planning permission. The judge found the development currently unauthorised but noted the respondents had been attempting to regularise their status since 2018, following enforcement notices from Donegal County Council. The court adjourned the matter to allow the respondents to pursue substitute consent from An Bord Pleanala and future planning permission from the council. The judge described Mr Ferry, who was jailed for nine weeks in 2019 for failing to comply with High Court orders regarding his former company Ferry Refuse Collection, as a "notorious environmental polluter." She stated his motives were "at best" highly suspicious and potentially driven by personal grievance. The respondents alleged the action was a campaign of retribution, which Mr Ferry denied. The judge noted that closing the respondents' business would adversely affect Co Donegal.
A man has appeared before the High Court in Dublin following his arrest on a European Arrest Warrant issued by Suffolk police. Oliver Lown, aged 35, with an address in Kesgrave, Suffolk, was arrested by gardaí from the Extradition Unit on Monday at Gortnaskea near Letterkenny, County Donegal. He faces twelve charges in the United Kingdom, including sexual activity with animals, possession of extreme pornographic material, and making indecent images of children. According to the warrant, over 1,000 extreme pornographic images and thousands of videos were recovered from a laptop seized during a police search in April 2019. Mr Justice Paul Burns remanded Mr Lown in custody and fixed 26 February for the full extradition hearing, when an application for bail is anticipated to be made.
A man from Dublin has failed in his appeal against extradition to Northern Ireland on a charge of attempted murder of a Police Service of Northern Ireland officer. The Court of Appeal dismissed the case today. The 29-year-old man was arrested in County Donegal following the discovery of an improvised explosive device beneath a PSNI officer's vehicle. He had challenged his surrender on the grounds that his exercise of the right to silence during interviews at Milford and Letterkenny Garda Stations could be used against him in Northern Ireland proceedings, potentially breaching his constitutional rights. The High Court had previously ordered his extradition in February. The Court of Appeal, presided over by three judges, upheld that decision, finding the High Court's legal analysis sound and expressed confidence in the Northern Irish judiciary's commitment to safeguards regarding adverse inferences. If convicted in the North, he faces a possible life sentence.
A man from Dublin has appealed his extradition to Northern Ireland on a charge of attempted murder of a Police Service of Northern Ireland officer. Ciaran Maguire, aged 29, and a co-accused were arrested in County Donegal and are wanted in connection with the alleged attempted murder of a police officer and possession of explosive substances with intent to endanger life. Both charges carry a maximum sentence of life imprisonment. The High Court ordered Mr Maguire's surrender in February, but leave to appeal was granted the following month. At the Court of Appeal hearing, his legal team argued that his exercise of the right to silence during interviews at Milford and Letterkenny Garda Stations could be used adversely against him in Northern Ireland proceedings, raising constitutional concerns. The State's counsel contended that Northern Irish authorities had confirmed adverse inferences would not be drawn from his silence. The Court of Appeal reserved judgment on whether Mr Maguire's constitutional rights would be egregiously breached by his return for trial.
A man from Tuam, County Rosemmon, must serve eighteen months in prison following a Court of Appeal decision that his original suspended sentence was unduly lenient. Stephen Connor, aged 43, pleaded guilty in July 2019 to assault causing harm, false imprisonment, and producing a knife during an incident at a house in Letterkenny, County Donegal, on 5 May 2018. The sentencing judge had imposed a two-and-a-half-year sentence but suspended it in full. The Director of Public Prosecutions successfully appealed, arguing the sentence failed to reflect society's condemnation of domestic violence or incorporate adequate deterrence. The Court of Appeal found Connor's case contained no exceptional circumstances warranting full suspension. Justice Úna Ní Raifeartaigh, sitting with two colleagues, ruled that while the two-and-a-half-year custodial sentence remained appropriate, the final year would be suspended as a matter of appellate practice.
A businessman from County Donegal who was imprisoned for nine weeks in 2019 over illegal dumping has initiated High Court proceedings against another waste disposal operator. Jim Ferry, whose former company Ferry Refuse Collection faced enforcement action by Donegal County Council for illegally burying waste at Rossbraken, has brought the action against firms operating at Labbadish, Manorcunningham, Letterkenny. Mr Ferry claims the facility is functioning without proper planning permission in breach of the Planning and Development Act 2000 and the Waste Management Act 1996. He seeks orders to restrain the respondents from continuing unauthorised waste and recycling operations at the site, alleging environmental damage to lands adjoining the Corkery River, which flows upstream from Lough Swilly. The matter was mentioned before Mr Justice Charles Meenan at the High Court on Monday, where adjournment was granted to allow the respondents time to prepare a sworn reply to the allegations.
The Director of Public Prosecutions has appealed a suspended sentence imposed on a Roscommon man convicted of assaulting and falsely imprisoning his ex-partner at her home in Letterkenny, County Donegal on 5 May 2018. Stephen Connor, aged 43, of Tuam, Kilrooskey pleaded guilty to assault causing harm, false imprisonment and production of a knife. Letterkenny Circuit Court imposed sentences totalling four years but suspended the entire term. The DPP argues the suspension constitutes undue leniency given the severity of the offence, described by the sentencing judge as a protracted and brutal onslaught. Counsel for the prosecution submitted the sentence failed to reflect the domestic violence context or provide adequate general deterrence. Defence counsel contended the sentencing judge properly balanced personal and general deterrence considerations. The Court of Appeal, presided over by Justice George Birmingham, has reserved judgement.
A man convicted of stabbing a friend seventeen times with scissors in Letterkenny has failed in his appeal against an eight-and-a-half year prison sentence. Kenneth Broe was found guilty of assault causing serious harm following an incident on October 9, 2008, in which the victim sustained multiple wounds to the neck, head, and chest and required two life-saving operations. The Court of Appeal dismissed Broe's challenge to the sentencing decision, upholding the original ten-year term with eighteen months suspended imposed by the Circuit Court in May 2018. The court found the sentencing judge had properly exercised discretion in opting for part-suspension rather than outright reduction, citing rehabilitation efforts as justification. Broe had fled to County Monaghan following the attack and was apprehended with cocaine in his possession. The three-judge panel noted his continued progress in custody and encouraged further reformation.
A man has brought an appeal against his eight-and-a-half year sentence for stabbing his friend seventeen times with scissors in Letterkenny, County Donegal, in October 2008. Kenneth Broe was convicted by jury of assault causing serious harm following an incident in the early hours of the morning on Main Street. The victim sustained multiple wounds to the neck, head and chest, requiring two life-saving operations and two weeks in intensive care. At the Court of Appeal hearing on 8 May 2020, Broe's counsel argued that the sentencing judge had erred by suspending eighteen months of the sentence rather than reducing the overall term, given mitigating factors and rehabilitation efforts made during the significant delay between offence and trial. The Director of Public Prosecutions' counsel contended that mitigating circumstances and rehabilitation were appropriately addressed through the suspended portion, whilst maintaining public protection. The Court of Appeal reserved judgment.
Two men were jailed for nine years at the Central Criminal Court following their conviction for rape. Boakye Osei, aged 30, of Tooban, Burnfoot, and Kelvin Opoku, aged 33, of Letterkenny, County Donegal, had pleaded not guilty but were found guilty by unanimous jury verdict in late 2019 after a five-week trial. The offence occurred in February 2015 when the men invited a woman back to an apartment after encountering her while she was walking home from a nightclub. The court heard the woman was severely intoxicated and incapacitated. Evidence including video footage and forensic analysis demonstrated that both men engaged in sexual activity with her without consent. Justice Alex Owens noted that whilst he accepted the men had not predetermined the assault, they were fully aware of her incapacity and exploited it. He recommended Opoku's deportation upon sentence completion and ordered both men undergo four years post-release supervision. Opoku's defence argued his client held an incorrect understanding of consent, whilst Osei's defence emphasised his family circumstances.
The High Court has approved a settlement of €35,000 to the family of Brian McElhinney, a retired building contractor from Glenties, County Donegal, who died in December 2014 months after undergoing a medical procedure at Letterkenny University Hospital. Mr McElhinney's widow, Rosaleen, sued the HSE on behalf of herself and her late husband's dependents, alleging negligence in connection with a lumbar puncture performed in July 2014. Following the procedure, Mr McElhinney allegedly experienced severe pain and paralysis from the waist down, requiring extended hospitalisation. He was discharged in late August 2014 but died four months later. While his death was attributed to underlying conditions including myelofibrosis, the family claimed the procedure and alleged failure in its management significantly accelerated his death and caused them mental distress. The HSE had denied negligence. Mr Justice Kevin Cross approved the settlement on Wednesday, with the payment to be divided among family members.
At the Central Criminal Court, a jury has convicted two men of the rape of a woman in County Donegal in February 2015. Boakye Osei, aged 29, of Twoban, Burnfoot, and Kelvin Opoku, aged 33, of Cill Graine, Letterkenny, had both pleaded not guilty. Following a five-week trial in late 2019, the jury returned unanimous guilty verdicts after deliberating for just over two hours. The complainant delivered a victim impact statement describing the profound effect the assault and subsequent criminal proceedings had on her life over the previous five years. She detailed the trauma of forensic examination, precautionary medical treatment, and the emotional toll of three separate trial preparations. Justice Alex Owens remanded both men in custody pending sentencing submissions scheduled for 16 March 2020.
Two Dublin men are to be extradited to Northern Ireland to face charges of attempted murder of a Police Service of Northern Ireland officer and possession of explosive substances with intent to endanger life. Ciaran Maguire, aged 29, and Sean Paul Farrell, aged 32, were arrested in County Donegal in June following the discovery of an improvised explosive device at a PSNI officer's home. Mr Justice Donald Binchy of the High Court ruled that arguments against their extradition should be rejected. The judge declined to summarise his detailed judgement. The defence had raised concerns regarding interviews conducted at Milford and Letterkenny Garda Stations, but the Northern Irish authorities confirmed they would not seek adverse inferences at trial. Extradition orders were held pending a further court mention scheduled for 26 February.
The High Court has scheduled judgment for 12 February on extradition proceedings against two Dublin men sought by Northern Irish authorities for alleged attempted murder of a police officer and explosives offences. Ciaran Maguire, aged 29, and Sean Paul Farrell, aged 32, face potential life sentences if convicted in Northern Ireland. Legal arguments arose concerning Brexit's implications for the European Arrest Warrant framework. Mr Justice Donald Binchy indicated the UK remained an EU member for extradition purposes pending formal withdrawal procedures. Defence counsel raised concerns about interviews conducted at Milford and Letterkenny garda stations, arguing Northern Ireland's adverse-inference rules presented constitutional difficulties. Northern Irish prosecutors confirmed they would not seek adverse inferences from the men's silence during questioning. The judge indicated this response appeared to address the defence submissions substantially, though reserved final determination pending the scheduled judgment delivery.
A jury at the Central Criminal Court has convicted two men of raping a woman in County Donegal in February 2015. Boakye Osei, aged 29, of Tooban, Burnfoot, and Kelvin Opoku, aged 33, of Cill Graine, Letterkenny, pleaded not guilty to two counts of rape. Following a five-week trial, the jury returned unanimous guilty verdicts after deliberating for just over two hours. The court heard that the men met the woman and her friend after a night out and invited them to their flat. The complainant, now in her twenties, testified she was extremely intoxicated and unable to consent to any sexual activity. Mr Justice Alex Owens certified both men as sex offenders and ordered a Probation Service report and victim impact statement. He remanded them in custody pending sentencing on 13 January 2020.
Two Dublin men wanted in Northern Ireland for the alleged attempted murder of a Police Service of Northern Ireland officer have failed in their latest legal challenge. Ciaran Maguire, aged 29, and Sean Paul Farrell, aged 32, face charges of attempted murder and possession of explosive substances with intent to endanger life, offences that carry potential life sentences if proven. The Court of Appeal dismissed their judicial review application on Friday. The men were arrested in County Donegal in June 2015 following the discovery of an improvised explosive device beneath a PSNI officer's vehicle in County Derry. They sought disclosure of custody records and samples taken during their detention at Letterkenny Garda Station. Ms Justice Isobel Kennedy ruled their arguments speculative and found no explicit obligation on gardaí to provide the material before extradition proceedings. The Minister for Justice indicated an application would be made for an extradition hearing date in mid-November.
A man convicted of murdering a fellow Polish national in Letterkenny, Co Donegal has had his appeal against conviction dismissed by the Court of Appeal. Krzystof Grzegorski was found guilty of murdering Bogdan Michalkiewicz at Westside Apartments on May 13, 2013, and received a mandatory life sentence in 2016. The victim sustained 46 wounds to the head and face, along with 17 stab wounds to the abdomen, a throat laceration, and injuries to his tongue which a pathologist said were unexplained in her 28-year career. Grzegorski appealed on grounds that the trial judge failed to adequately recharge the jury on intoxication and his account of events. Ms Justice Aileen Donnelly, delivering judgment, found the trial judge had properly instructed the jury on the burden of proof and the presumption of intent. The appeal was dismissed.
A 27-year-old man from Letterkenny, County Donegal, has had his suspended sentence for violent disorder doubled by the Court of Appeal. Johnny McDonagh was convicted in Castlebar Circuit Court following a trial relating to an incident at his grandfather's funeral in Ballyhaunis, County Mayo on 16 June 2016. The court heard he had been sentenced to three years suspended in February 2019, but the trial judge had been mistaken about the sentence imposed on a co-accused. The Court of Appeal found this error had resulted in a manifestly inadequate sentence. The court quashed the original three-year suspended sentence and imposed a new six-year sentence, suspended for five years. The president of the Court of Appeal remarked that McDonagh now has a substantial suspended sentence and must avoid further trouble.
Two Dublin men sought by Northern Irish authorities for the alleged attempted murder of a PSNI officer and possession of explosives with intent to endanger life have brought legal challenges regarding access to detention records. Ciaran Maguire, aged 29, and Sean Paul Farrell, aged 32, were arrested in County Donegal in 2015 in connection with an improvised explosive device discovered beneath a police officer's vehicle in County Derry on June 18, 2015. Both face potential life imprisonment if convicted. Their legal representatives sought judicial review at the Court of Appeal in Dublin, challenging the High Court's earlier refusal to grant access to custody records, statements, and samples obtained during their detention at Letterkenny Garda Station. Counsel argued their clients required such material to resist extradition proceedings. The Court of Appeal, presided over by Mr Justice George Birmingham, reserved judgment on the matter.
Elizabeth Crumlish, a 66-year-old member of the Irish Travelling Community, has brought High Court judicial review proceedings against Donegal County Council. Ms Crumlish challenges the Council's decision to suspend her from its housing allocation list for one year. The Council alleges she refused two reasonable offers of accommodation, a provision under its 2011 Housing Allocation Scheme. Ms Crumlish, represented by Nora Ni Loinsigh BL and instructed by FLAC, contends the offers were unreasonable as they consisted of single-bedroomed houses in Letterkenny, far from the Bridgend or Burnfoot areas where she sought Traveller Specific Accommodation on a halting site. She seeks an order quashing the suspension, along with declarations that the decision was made without lawful authority, resulted from unlawful fettering of statutory discretion, was irrational, and failed to vindicate her constitutional and European Convention on Human Rights. Mr Justice Seamus Noonan granted permission to bring the challenge on an ex-parte basis. The matter was adjourned and made returnable to a date in July.
Maurice Lafferty, 50, of Corcullen, Castlefin, Donegal, was sentenced at the Central Criminal Court after pleading guilty to raping his daughter, Annie Lafferty, at their home between November 1, 2010, and June 30, 2011. The court heard that Lafferty, a father of six, committed the offences while his wife was away from the home four nights a week. Prosecution evidence detailed that Lafferty coerced his then-seventeen-year-old daughter, pinning her down and threatening her with the removal of her younger siblings if she reported the abuse. He allegedly raped her weekly during this period. Mr Justice Alex Owens described Lafferty as a violent and controlling man, noting that his attacks were coercive and depraved. The judge rejected Lafferty's apology as insincere and noted a probation report indicating he blamed intoxication and his daughter for the crimes. Lafferty was assessed as a moderate risk of re-offending. He was sentenced to eleven years' imprisonment. Additionally, the court ordered that he stay away from any activity involving children upon his release. In mitigation, defence counsel Anne Rowland SC cited Lafferty's heavy drinking, chronic obstructive pulmonary disease, and financial difficulties regarding his home. The victim, now 25, waived her anonymity and stated that her father's actions left permanent scars.
A 66-year-old man arrested in County Donegal in November on a European Arrest Warrant has had his bail conditions relaxed by the High Court. John Downey is sought by Northern Irish authorities in connection with charges relating to the deaths of two soldiers in Enniskillen on August 25, 1972. The High Court judge, Ms Justice Aileen Donnelly, reduced his signing-on requirements from daily attendance at Letterkenny Garda Station to three times weekly, noting that bail conditions should not be punitive. The judge indicated a legal aid recommendation would be made at the conclusion of proceedings. Mr Downey's legal team has signalled they will contest his extradition, citing an immunity claim under European Arrest Warrant legislation and allegations of abuse of process. A full extradition hearing is scheduled for January 28, 2019.
Two Dublin men wanted in Northern Ireland for the alleged attempted murder of a police officer have challenged their arrest and detention in Co Donegal through judicial review proceedings in the High Court. Ciaran Maguire, aged 29, and Sean Paul Farrell, aged 32, face charges of attempted murder and possession of explosives with intent to endanger life, offences carrying potential life sentences. A European Arrest Warrant relates to an improvised explosive device discovered beneath a serving PSNI officer's vehicle in Co Derry in June 2015. Their legal representatives sought disclosure of custody records, statements, and sample details from their detention at Letterkenny Garda Station in 2015, arguing such information was necessary to oppose their extradition. Counsel for the Minister for Justice contended the applications were speculative and that no duty existed to provide the requested material. Ms Justice Aileen Donnelly reserved judgment, adjourning proceedings to February 2019.
A 66-year-old man from Donegal has been granted bail by the High Court pending an extradition hearing to face charges in Northern Ireland. The man was arrested at his home in Creeslough on a European Arrest Warrant relating to the deaths of two UDR soldiers killed in an explosion in Enniskillen in 1972, and charges connected to the 1982 Hyde Park bombing in London. He was released on bail comprising his own bond of €5,000 and an independent surety of €30,000. The High Court judge found bail appropriate despite serious allegations, noting residential ties and family connections reduced flight risk. Bail conditions require him to sign on daily at Letterkenny Garda Station, reside at his registered address, maintain contact with gardaí, and remain within the State. His defence counsel has indicated objections to extradition will be raised, including arguments regarding immunity under the Good Friday Agreement and abuse of process. A full extradition hearing is scheduled for 23 November.
A Dublin man has been sentenced to three and a half years imprisonment after pleading guilty to dangerous driving causing serious harm to a teenage pedestrian from Donegal. At Dublin Circuit Criminal Court, the court heard that John Maguire, aged 38, struck a young man with his van on Memorial Road, Dublin on 18 March 2017, despite medical advice to refrain from driving for twelve months following an epileptic seizure two months prior. The victim, who had travelled from Letterkenny to attend an event in the city, was crossing at a green pedestrian light when struck. He sustained serious injuries including skull fractures and brain damage, leaving him dependent on family care for the remainder of his life. Maguire pleaded guilty to driving whilst suffering from a condition rendering him a danger to the public. Judge Martin Nolan imposed the sentence whilst acknowledging Maguire's early guilty plea and remorse, but found he bore serious moral culpability for ignoring a known risk. A six-year driving disqualification was also imposed.
A man convicted of driving his car at gardaí has been jailed following an appeal by the Director of Public Prosecutions. Paul McGillion, aged 33 and resident at Ard Caoin, Manorcunningham, County Donegal, pleaded guilty in Letterkenny to reckless endangerment, dangerous driving, drink-driving, and driving without insurance and a valid licence on 25 July 2015. He received a wholly suspended three-year sentence in May 2017. The Court of Appeal found the original sentence unduly lenient and imposed a new three-year term with the final two years suspended. Mr Justice Alan Mahon noted that Garda Michael Kilcoyne sustained severe injury with life-changing consequences during the incident. The judge stated that offences involving driving a vehicle at gardaí performing their duties demanded a custodial element. McGillion's significant rehabilitation and employment record were acknowledged but could not justify a wholly non-custodial sentence given the gravity of the offence and his history of relevant convictions.
The Charleton tribunal heard evidence on October 23rd regarding threats made against Garda Keith Harrison's life in October 2013. Chief Superintendent Terry McGinn of Donegal division outlined how two anonymous 999 calls on 4th and 5th October reported threats against Garda Harrison. The first call described an overheard conversation in a Strabane bar, and the second indicated the threat originated from a relation of Martin McDermott, who was imprisoned following a manslaughter conviction. McDermott was the brother of Garda Harrison's partner. The threats were assessed as substantial, leading to security measures and restrictions on Garda Harrison's movements. A mobile phone subsequently located in Portlaoise Prison resulted in McDermott's release date being postponed. The tribunal also examined contacts between gardaí and HSE/Tusla regarding Garda Harrison. Superintendent Eugene McGovern, stationed in Buncrana, confirmed attending meetings with Tusla management but stated that individual cases were not discussed at such forums. A referral concerning Garda Harrison's partner and her children resulted in no further action pending additional information.
The Charleton tribunal has completed hearings examining circumstances surrounding garda whistleblower Keith Harrison and has invited legal submissions on the evidence heard during the current module. Justice Peter Charleton outlined topics he expects counsel to address in their written submissions. Over the preceding month, the tribunal examined evidence of contacts between gardaí and the HSE and Tusla relating to Garda Harrison. Sergeant Paul Wallace testified that he conducted a security assessment at Garda Harrison's home in October 2013 following reported threats. The sergeant said Garda Harrison indicated his partner had sought a safety order against him and made a statement to gardaí. Detective Inspector Patrick O'Donnell outlined information received regarding threats, whilst Superintendent Mary Murray confirmed she was appointed to conduct disciplinary and criminal inquiries in February 2014. Supt Murray stated she learned in May 2014 through media reports that Garda Harrison had made a protected disclosure to the garda confidential recipient and subsequently suspended her investigations. The tribunal continues.
At the Charleton Tribunal on 6 October 2017, Chief Superintendent Terry McGinn of Donegal Division gave evidence concerning the handling of allegations against whistleblower Garda Keith Harrison. Chief Supt McGinn stated her priority was ensuring gardaí acted in a clear and transparent manner, particularly given diminished public confidence in policing following the Morris tribunal. She recalled meeting Garda Harrison in Ballyshannon in autumn 2011 when he requested a transfer to Letterkenny. In October 2013, following reports from the partner of Garda Harrison regarding domestic abuse, Chief Supt McGinn appointed an inspector to investigate. A statement was taken from the woman on 6 October 2013. The chief superintendent subsequently sought an independent investigation by a superintendent from outside Donegal Division, rather than an internal inquiry. A referral was made to GSOC under Section 102 of the Garda Síochána Act, and Tusla was notified due to children's involvement. Following GSOC's closure of the file, Garda Harrison was confined to indoor duties pending investigation completion.
The Charleton tribunal received three out of four requested statements from senior garda officers, according to tribunal barrister Diarmaid McGuinness SC. Statements from Chief Superintendent Terry McGinn, Chief Superintendent Tony McLoughlin, and Superintendent Eugene McGovern were submitted on Thursday morning. Retired assistant commissioner Kieran Kenny was unable to provide a statement as he was 'on the far side of the world.' The tribunal requested the statements following the discovery of handwritten notes taken by Chief Superintendent McGinn at a garda conference in Letterkenny station on 8 October 2013. Tribunal chairman, Mr Justice Peter Charleton, sought to determine each officer's knowledge of the meeting, which occurred two days after a complaint was made by Marisa Simms, the partner of whistleblower Garda Keith Harrison. McGuinness noted that Chief Supt McGinn's notes were submitted to Garda HQ months ago but not forwarded to the tribunal. Garda HQ reviewed the documents and found no reference to Tusla or HSE, leading to the omission. The tribunal is currently examining contacts between gardaí and HSE/Tusla regarding Garda Harrison. Supt Eugene McGovern, cross-examined by Mark Harty SC on behalf of Garda Harrison, stated that a decision was made to refer Ms Simms' complaint to the Garda Siochana Ombudsman Commission (GSOC) under Section 102 of the Garda Siochana Act, which allows for referrals where a Garda has caused death or serious harm. Harty questioned whether distress was considered serious harm and if charges of assault causing serious harm would be brought without physical injury. McGovern said that the decision on charges would be for the DPP and that gardaí believed there was a 'substantial risk of death' to Ms Simms. Harty noted that no crime prevention advice was given to Ms Simms and questioned the response to the threat. McGovern stated that the matter was referred to the garda ombudsman, though the ombudsman has no powers of arrest or crime prevention. A letter from Chief Supt Tony McLoughlin in Garda HQ questioned the appropriateness of a Section 102 referral, suggesting confinement on indoor duties. Chief Supt McGinn responded that the threats outlined by Ms Simms constituted a 'substantial risk of death.' McGovern stated that the referral to the HSE was based on Ms Simms' statement, which she made voluntarily. Ms Simms later withdrew her statement.
The Charleton tribunal has requested new statements from four senior gardaí regarding an October 2013 meeting in Letterkenny, County Donegal, which prompted referrals concerning garda whistleblower Keith Harrison to the HSE and GSOC. Tribunal Chairman Mr Justice Peter Charleton stated the tribunal had only recently learned that retired Northern Region Assistant Commissioner Kieran Kenny was consulted about the meeting. Handwritten notes from Chief Superintendent Terry McGinn, which documented discussions involving both Mr Kenny and Chief Superintendent Tony McLoughlin, were provided to the tribunal in June but were not searchable until recently transcribed. Mr Justice Charleton emphasised the October 2013 meeting was a significant turning point in the sequence of events. He requested statements from Mr Kenny, Chief Superintendent McLoughlin, Chief Superintendent McGinn, and Superintendent Eugene McGovern by 10am the following morning. Garda Harrison's barrister highlighted that he had only received the notes during cross-examination, describing them as critical to understanding the decision-making process.
Two men sought by Northern Irish authorities in connection with the attempted murder of a PSNI officer have been granted leave to pursue judicial review at the High Court. The applicants, arrested in County Donegal in 2015, allege that An Garda Síochána failed to provide custody records, statements, and details of samples taken during their detention at Letterkenny and Milford stations. They contend the withheld information is material to defending extradition proceedings. Ms Justice Aileen Donnelly agreed to hear the applications and scheduled a motion returnable for October 9th. The men, who face charges including possession of explosives with intent to endanger life, remain on continuing bail. Extradition proceedings have been adjourned pending the judicial review hearing.
Two men wanted in Northern Ireland on charges of attempted murder of a PSNI officer and possession of explosives with intent to endanger life have brought High Court applications seeking disclosure of Garda records following their arrest in the Lifford area of County Donegal in June 2015. The applicants claim Gardaí have failed to provide custody records, copies of statements, and details of forensic samples taken during their detention. They argue the withheld information is relevant to extradition proceedings and that its non-disclosure breaches their Constitutional rights and rights under the European Convention on Human Rights. The men contend evidence gathered in custody should not be used in their intended Northern Irish prosecution. Ms Justice Margaret Heneghan heard the matter at the High Court and referred the judicial review applications to Ms Justice Aileen Donnelly, who is hearing the related extradition requests. Ms Justice Donnelly will determine whether to hear both applications together. The matter was adjourned pending her decision.
A 28-year-old man from Tallaght has been sentenced to 20 months imprisonment at Dublin Circuit Criminal Court after pleading guilty to stealing five iPhones from Three mobile phone stores across the country between November 3 and 7, 2015. Viorel Rostas participated in robberies in Navan, Cavan, Letterkenny in Donegal, and Tralee and Killarney in Kerry. Rather than stealing the phones himself, Rostas acted as a distraction or obstructed staff attempting to prevent the thefts while accomplices took the devices, which were collectively valued at over €3,500. Judge John Aylmer considered Rostas's guilty plea and €1,000 compensation offered as mitigating factors, but noted his previous convictions for theft made a suspended sentence inappropriate. The court heard Rostas became involved following his mother's death and financial pressure from a loan taken for funeral expenses in Romania. None of the five phones were recovered by gardaí.
A 28-year-old man from Tallaght has pleaded guilty at Dublin Circuit Criminal Court to his involvement in the theft of five iPhones from mobile phone stores across the country between November 2015. Viorel Rostas admitted to taking part in robberies at outlets in Navan, Cavan, Letterkenny, Tralee, and Killarney over a five-day period, with the stolen handsets valued at over €3,500. During each incident, Rostas acted as a distraction or obstructed attempts to prevent the thefts while accomplices removed the phones. The robberies occurred during business hours and were recorded on store CCTV; none of the phones were recovered. Detective Garda evidence indicated Rostas was part of a group of four involved in the thefts. The defence outlined that Rostas took a €10,000 loan to finance his mother's funeral in Romania following her death in July 2015, subsequently agreeing to participate in the robberies due to pressure from the lender. Rostas, who has lived in Ireland over twenty years, has seventy-one previous convictions. Judge John Aylmer adjourned the case for sentencing on 24 July.
Michael Lyons, aged 55, of Currin, Glencolmcille, County Donegal, has had his prison sentence reduced on appeal at the Court of Appeal. Lyons pleaded guilty at Letterkenny Circuit Criminal Court to assault causing serious harm following an incident at Quiggs bar, Carrick, on 12 October 2013. He was originally sentenced to four years imprisonment in June 2016. The Court of Appeal has now reduced his sentence to two years and three months. Mr Justice John Hedigan found that the sentencing judge had erred in law by assessing the offence as falling within the lower end of the middle range but then imposing a sentence equivalent to six years. The court agreed the offence fell within the lower middle range, equivalent to four years. The victim sustained a serious and permanent traumatic brain injury as a result. Mitigating factors included Lyons' guilty plea, remorse, lack of previous convictions, cooperation with gardaí, and his immediate assistance to the injured party.
A man arrested in County Donegal on a European Arrest Warrant appeared at the High Court in Dublin in connection with the murder of David Black, a Northern Ireland prison officer shot dead on the M1 motorway in November 2012. Damien Joseph McLaughlin, aged 40 and with an address in Belfast, faces charges of aiding and abetting the murder and possession of an article suspected for use in the killing. He is also charged with engaging in conduct in preparation for acts of terrorism and membership of a proscribed organisation. Detective Sergeant Padraig Boyce of the Special Detective Unit outlined the arrest made in Donegal on Thursday. The defence argued excessive force was used during apprehension and challenged the validity of the arrest. Ms Justice Aileen Donnelly rejected the application, noting the serious nature of the terrorism allegations and that the accused had previously breached bail conditions in Northern Ireland. She found the arrest lawful and proportionate. Mr McLaughlin was remanded in custody with the case listed for mention on 20th March.
A man from Letterkenny, Co Donegal, has been jailed for 12 months following conviction on a charge of sexually exploiting a child. Donnchadh McGinley, then aged 34, met a 15-year-old girl through a youth mental health messaging application in late 2014. The pair subsequently met on several occasions before McGinley invited the teenager to an apartment in Dublin in January 2015. During that visit, they watched a film together before engaging in sexual activity in the bedroom. McGinley attempted sexual intercourse but the girl was unable to proceed due to fear and physical discomfort. At Dublin Circuit Criminal Court, McGinley, now 36, pleaded guilty to one count of sexually exploiting a child between January 3 and 4, 2015, with a second count of meeting a child for exploitation purposes taken into account. Judge Melanie Greally imposed the 12-month custodial sentence, noting the activity was age-inappropriate but that no evidence suggested predatory intent. She considered McGinley's guilty plea, remorse, personal difficulties at the time, and absence of previous convictions.
The High Court has heard that orders directing the vacation of a Letterkenny building housing Donegal County Council's water testing laboratory have not been complied with. Mr Justice Tony O'Connor was told the premises remain occupied despite High Court orders issued the previous week. The building's occupation poses significant risks to public safety, the court was informed. Lawyers for a bank-appointed receiver argued that occupiers have threatened to dispose of hazardous chemicals used in the laboratory, potentially endangering the public. The council's inability to access the premises and conduct water quality testing also presents a substantial risk to the environment and public health. The receiver sought the orders following an alleged occupation by approximately twenty people who changed locks and erected barricades. Mr Justice O'Connor issued directions for one of the alleged occupiers to be arrested by An Garda Síochána and brought before the court for alleged contempt. Neither of the defendants appeared to contest the receiver's application.
A 74-year-old man has been granted bail by the Special Criminal Court following his arrest in County Donegal on charges relating to the 2006 killing of Denis Donaldson, a Sinn Féin member and alleged MI5 agent. The accused, with an address in Glasgow, Scotland, is charged with withholding information concerning another person's involvement in Mr Donaldson's unlawful killing at Cloghercor, County Donegal, and failing without reasonable excuse to disclose that information to gardaí. The alleged offence occurred between April 2006 and July this year. The Special Criminal Court imposed strict bail conditions, including surrender of travel documents, residence in County Donegal, weekly sign-on at Letterkenny Garda Station, and a nightly curfew. He was released on his own bond of €6,600 and two independent sureties. The case is listed for mention on 26 October.
A 74-year-old man appeared before the Special Criminal Court on Thursday charged with withholding information relating to the 2006 killing of Denis Donaldson, a Sinn Féin member exposed as an MI5 agent. Patrick Gillespie, with an address in Glasgow, Scotland, was arrested on Main Street, Dunloe, County Donegal, on Wednesday evening. He is accused of possessing information about another person's involvement in Mr Donaldson's unlawful killing at Cloghercor, County Donegal, and failing to disclose it to gardaí between April 2006 and July this year. Detective Sergeant Barry Doyle of Ballyshannon Garda Station gave evidence of the arrest and detention at Letterkenny. Mr Gillespie's solicitor challenged the lawfulness of the arrest, submitting that a warrant should have been obtained before his re-arrest following initial release. Mr Justice Paul Butler dismissed the application. Mr Gillespie was remanded in custody pending a bail hearing on Friday.
Gerrit Plug, a 59-year-old Dutch national, has appealed his conviction for breaching European Union fishing regulations in Irish waters. Plug was found guilty by jury at Letterkenny Circuit Criminal Court of failing to record estimated discards exceeding 50 kilograms, discarding quota-restricted species, and exceeding maximum spacing requirements in water separators aboard the Annelies Ilena between November 22 and 25, 2013. He was sentenced to a fine of €105,000 in March 2015. At the Court of Appeal in Dublin, Plug's counsel challenged the conviction on multiple grounds, questioning whether the prosecution had proven the fish were discarded into the sea rather than merely present on the vessel, and arguing the trial judge erred in legal interpretations regarding logbook offences and water separator regulations. The Director of Public Prosecutions defended the conviction, citing substantial evidence including photographic material and witness testimony from Sea Fisheries Protection Officers. The three-judge panel reserved judgment. The prosecution has separately applied for review of sentence, contending the fine was unduly lenient. Gerrit Plug pleaded not guilty.
At the Central Criminal Court in Dublin on 5 July 2016, Krzystof Grzegorski, aged 22, was found guilty of the murder of Bogdan Michalkiewicz, 41, at Westside Apartments, Letterkenny, County Donegal on 13 May 2013. Grzegorski had pleaded guilty to manslaughter, but the prosecution rejected the plea. The jury reached a unanimous guilty verdict following five hours of deliberation. Justice Patrick McCarthy imposed the mandatory sentence of life imprisonment, backdated to 26 May 2014. The prosecution established that Grzegorski inflicted 46 wounds to the victim's head and face, along with 17 stab wounds to the abdomen, and dropped a television on the victim's head. Pathologist evidence indicated the victim sustained severe injuries including nine stab wounds to the tongue and defensive injuries, indicating he endured significant suffering. A second defendant, Dariusz Weckowicz, 51, was acquitted by direction of the trial judge, having been present at the scene but not proven to have participated in the attack.
The jury in the trial of Krzystof Grzegorski (22) will return tomorrow to continue deliberating on its verdict. Grzegorski is accused of murdering fellow Polish man Bogdan Michalkiewicz (41) at Westside Apartments in Letterkenny, Co Donegal, on May 13, 2013. The defendant pleaded not guilty to the charge of murder. Although he offered a plea of guilty to manslaughter, the State did not accept this plea. Following a trial that lasted almost three weeks at the Central Criminal Court, Justice Patrick McCarthy instructed the eight men and four women on the jury that they could return a verdict of guilty of murder, or not guilty of murder but guilty of manslaughter. The jury spent nearly three hours deliberating today before being adjourned until tomorrow morning to continue their consideration. The matter remains at the trial stage, with no final verdict or sentence yet determined.
A Polish man has been released from custody at the Central Criminal Court after three years in detention. Justice Patrick McCarthy directed the jury to acquit Dariusz Weckowicz (51) of the murder of Bogdan Michalkiewicz (41) at Westside Apartments, Letterkenny, County Donegal on 13 May 2013, ruling the prosecution evidence insufficient to place him before a jury. Mr Weckowicz had pleaded not guilty to the charge. Separately, Krzysztof Grzegorski (22) remains on trial for the same murder. He has pleaded not guilty to murder but guilty to manslaughter, a plea the prosecution rejected. The court has heard evidence regarding the circumstances of the death, including multiple injuries sustained by the deceased. Justice McCarthy has instructed the jury on the legal burden of proof, emphasising that intention formed while intoxicated constitutes the same basis for conviction as intention formed while sober. The jury will begin deliberations on Monday.
The trial of Krzystof Grzegorski and Dariusz Weckowicz for the murder of Bogdan Michalkiewicz (41) in Letterkenny, Co Donegal, has heard evidence regarding the accused's background. Grzegorski, who pleaded not guilty to murder but guilty to manslaughter, was described as having started drinking at age 14 after moving from Poland. His co-accused, Weckowicz, pleaded not guilty to the murder charge. The State did not accept Grzegorski's manslaughter plea. Detective Garda Alfie McHale testified that Grzegorski had a history of public drunkenness, including a 2010 conviction at age 16. On the weekend of the killing, Grzegorski was seen on CCTV stealing vodka from supermarkets in Letterkenny, including an incident after 6pm on May 13, 2013, when the prosecution states Michalkiewicz was already deceased. Grzegorski was arrested with Weckowicz after security guards called gardai. The trial continues before Justice Patrick McCarthy and a jury of eight men and four women.
Krzystof Grzegorski (22) made a video confession from England after learning his co-accused had been arrested for a killing he carried out, the Central Criminal Court heard on Monday. Mr Grzegorski has pleaded not guilty to murder but guilty to manslaughter for the death of Bogdan Michalkiewicz (41) at his home in Letterkenny, Co Donegal on May 13, 2013. The State did not accept the guilty plea. His co-accused, Dariusz Weckowicz (51), has pleaded not guilty to murder. During interview at Ronanstown Garda Station in March 2014, gardai heard Mr Grzegorski describe recording the video while in England, stating he would not allow a friend to serve time for the offence. In the video, he confessed to inflicting all deadly wounds and asserted Mr Weckowicz's innocence. Mr Grzegorski told detectives he could not recall specifics of the incident due to heavy drinking but remembered stabbing the deceased in the chest following a dispute. The trial before Justice Patrick McCarthy and a jury continues on Wednesday.