Court archive
Court reports mentioning Lifford, Donegal
2024-05-10 · Donegal
A High Court action brought by the liquidator of Edenmore Meats seeking to hold the company's directors personally liable for approximately €2.7m in debts has been settled. The resolution followed confidential out-of-court discussions and was approved by Mr Justice Oisin Quinn this week after four weeks of hearings that commenced in January. The liquidator had pursued orders against Donal Gallagher, Richard Burke, and Robert Daly, arguing they should be disqualified from directorship for at least five years and made personally liable for company debts, including €1.5m owed to over one hundred farmers and businesses across the north-west. The meat processing facility operated in Lifford, County Donegal, ceased trading in 2016. The directors, represented by Gary McCarthy SC, denied wrongdoing and claimed they acted responsibly and honourably throughout. The terms of settlement remain confidential.
2024-01-16 · Donegal
The liquidator of Edenmore Meats Limited has applied to the High Court seeking orders to hold three former directors personally liable for company debts of approximately €2.7m. The application was heard before Mr Justice Oisin Quinn in the High Court on Tuesday. Official liquidator John Healy claims that directors Donal Gallagher and Richard Burke, along with Robert Daly who departed in 2017 but remained as company secretary, operated the meat processing facility in Lifford, County Donegal recklessly whilst it was insolvent. Email correspondence presented to the court referenced the firm's financial difficulties. The company ceased trading in 2016. Over one hundred farmers and businesses, owed approximately €1.5m collectively, are among creditors. The defendants deny all allegations of wrongdoing, contending they acted responsibly and honourably throughout, and claim the business was already troubled upon their involvement. They also allege the facility's unlawful occupation in October 2016 prevented rescue efforts. The hearing is expected to continue for several weeks.
2023-03-23 · Donegal
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.
2023-03-21 · Donegal
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.
2023-03-20 · Donegal
A murder trial opened at the Central Criminal Court in Monaghan on 20 March regarding the death of Jasmine McMonagle at Forest Park, Killygordon, County Donegal on 4 January 2019. Richard Burke, aged 32, of Killygordon pleaded not guilty to murder but guilty to manslaughter. The State outlined that Ms McMonagle, a mother of two, died from strangulation and blows inflicted by her former partner. Gardaí from Lifford responded to her emergency call that morning and discovered her body after a three-hour standoff during which Burke wielded a meat cleaver. Her children were found unharmed. The trial will focus on Burke's mental state at the time of the killing rather than the circumstances of death, which he acknowledges. Two consultant psychiatrists will give evidence that Burke suffered from a mental disorder substantially diminishing his responsibility. The trial continues before Mr Justice Paul Burns.
2022-12-16 · Dublin
At the validated procedural stage of sentence, the court heard that Gerard Hutch, a defendant, admitted to participating in or contributing to the murder of David Byrne by providing access to motor vehicles on February 5, 2016, and pleaded guilty. Paul Murphy and Jason Bonney, both defendants, faced the same charge but pleaded not guilty, with their cases remaining alleged or contested. Jonathan Dowdall, an accused, admitted to facilitating Mr Byrne's murder and was subsequently jailed for that offence, which was not connected to the Regency. Following Dowdall's sentence on October 3, a nolle prosequi was entered on the murder charge against the former Dublin city councillor. The matter was adjourned and never described as concluded or finalised. No findings or sentences were issued for Paul Murphy and Jason Bonney, and no validated finalisation was reached for their cases. The court did not attribute any conviction to the allegations made against them.
2021-07-21 · Donegal
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.
2021-07-12 · Donegal
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.
2018-01-25 · Limerick
Four students renting a property at Lifford Park, South Circular Road, Limerick have been granted the right to return to their home following a High Court ruling. Ms Justice Marie Baker extended an injunction requiring the property owner to hand over possession to a bank-appointed receiver. The students had been required to leave by the property owner and spent two nights in hotel accommodation at the receiver's expense before the court intervened. The ruling emerged from a dispute between the property owner and Karl O'Neill, a KPMG receiver appointed by AIB in 2016. The property owner contested the validity of the receiver's appointment and the circumstances surrounding the students' removal. The judge found the receiver's appointment valid, subject to determination at a full hearing of the underlying dispute. Rent payments will be held in trust pending the final outcome of the case. The matter was adjourned for one month.
2018-01-23 · Limerick
A bank-appointed receiver has obtained a temporary High Court order preventing eviction proceedings against four college students renting a property at Lifford Park, South Circular Road, Limerick. The dispute centres on the validity of Karl O'Neill of KPMG's appointment as receiver, contested by property owner Sinéad O'Connor. The court heard that Ms O'Connor demanded the students pay rent directly to her and sign documentation excluding dealings with the receiver, threatening immediate eviction and lock changes when they declined. She subsequently remained in the house with others, causing distress to the students and their families. Justice Caroline Costello granted an interim injunction on Tuesday evening requiring Ms O'Connor to surrender possession to the receiver, applying also to any third parties with notice of the order. The judge acknowledged the urgency and students' need for immediate protection, adjourning the matter to Thursday.
2017-07-25 · Dublin
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.
2017-07-24 · Donegal
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.
2017-03-14 · Donegal
The owner of a meat processing plant in Lifford, County Donegal, has given a sworn undertaking to the High Court that he will vacate the premises. Liam McGavigan, who owns the facility formerly operated by Edenmore Farm Meats Ltd, made the commitment before Mr Justice Paul Gilligan on Tuesday following a lengthy dispute over possession of the plant. AIB appointed a receiver to the property after alleging Mr McGavigan failed to repay substantial loans, with the bank securing a judgment against him for approximately €1.9 million. The plant ceased operating in October following an occupation by individuals disputing the receiver's appointment. Mr McGavigan, representing himself, claimed the occupation was undertaken to ensure local farmers were paid amounts allegedly owed by Edenmore and disputed AIB's allegations of conspiracy. He had sought additional time to remain on the premises, but the judge refused this application. The court has directed that Mr McGavigan be permitted to remove personal items from the plant.
2016-11-29 · Donegal
Mr Justice Paul Gilligan at the High Court adjourned a dispute concerning the Lifford meat plant to next week. The case involves AIB and its receiver, Luke Charleton, who are seeking orders to prevent interference with their ability to run and dispose of the premises as part of proceedings to recover debts owed by Liam McGavigan. Counsel for the receiver alleged that Liam McGavigan, his brother Ciaran, and others had illegally barricaded themselves into the plant, effectively shutting down operations. In response, counsel for Edenmore Farm Meats Ltd, the tenant, stated that the company's 55 employees were not working and had been subjected to threats and intimidation. The judge agreed to make Edenmore Farm Meats Ltd a notice party to the receiver's High Court action. Additionally, following an application by Stephen Walsh BL, the court allowed the applicants to serve notice of the proceedings on the McGavigans by email. The judge expressed concern for the employees' futures but did not issue a final determination on the merits of the occupation. The matter was adjourned to next week for further proceedings.