Court archive
Court reports mentioning Manorcunningham, Donegal
2024-06-10 · Donegal
A man convicted of manslaughter in the death of a garda has withdrawn his appeal against a sentence imposed for a separate incident at a Covid-19 checkpoint in Donegal. Martin McDermott, aged 39 and of Abbey Park, Manorcunningham, Co Donegal, pleaded guilty at Donegal Circuit Court in March 2022 to charges including endangerment, assault, drink-driving and driving without a licence. The offences occurred on 14 April 2020 when McDermott accelerated towards Garda Kilcoyne at a checkpoint near Raymoghey, Manorcunningham, forcing the officer to jump clear. Following a pursuit and crash, McDermott assaulted the garda by kicking him. Judge John Aylmer sentenced him to five and a half years, with the final nine months suspended. McDermott's appeal against sentence severity came before the Court of Appeal on 10 June 2024. Court President Mr Justice George Birmingham noted McDermott's previous conviction for the manslaughter of Garda Gary McLoughlin in 2009, describing the current offences as an "almost carbon copy" of that earlier incident. Following consultation with his legal team, McDermott withdrew his appeal.
2021-02-17 · Donegal
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.
2020-07-06 · Donegal
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.
2019-10-21 · Mayo
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.
2018-02-26 · Donegal
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.
2014-04-09 · Donegal
A landowner from Manorcunningham in County Donegal has agreed to allow the ESB and Eirgrid access to his property to carry out essential upgrade work on the electricity network. Patrick Gallagher had initially obstructed the companies' efforts to upgrade a 110-kilowatt power line affecting supply across Donegal. The High Court heard that over 200 other property owners had consented to the works without objection. Mr Gallagher, representing himself, had disputed compensation entitlements relating to previous work conducted on his land during the 1990s and alleged prior damage caused by the ESB. Following negotiations before Mr Justice Paul Gilligan, the parties agreed to submit outstanding compensation matters to independent arbitration. Mr Gallagher gave an undertaking not to interfere with the work, and the case was adjourned to June.