A Court of Appeal judgment delivered on 10 March 2015 addressed the constitutionality of section 2(2) of the Misuse of Drugs Act 1977, which empowers the Government to declare substances as controlled drugs by order. The appellant, Stanislav Bederev, had been charged with drug offences relating to methylethcathinone at Blanchardstown District Court in April 2012. The substance was subsequently classified as a controlled drug via Government order in 2011, though it had previously been legally available for purchase. The High Court had rejected Bederev's challenge to the constitutionality of section 2(2) on grounds that it allegedly violated Article 15.2.1 of the Constitution concerning the exclusive legislative power of the Oireachtas. The case was transferred from the Supreme Court to the Court of Appeal following its establishment. District Court proceedings remained adjourned pending the appeal outcome.
Liudas Vaisvilas, a 51-year-old Lithuanian former Russian Special Forces soldier, pleaded guilty at Dublin Circuit Criminal Court to sexual assault at Terminal 2 in Dublin Airport on April 10, 2014. Judge Patrick McCartan suspended a three-year sentence on the condition that Vaisvilas keeps the peace for that duration and obeys any instructions from Probation Services. The judge had previously remanded Vaisvilas in custody for a full psychiatric assessment, expressing concern that his mental state could lead to further offending. The assessment concluded he was in a temporary state of mind due to extreme tiredness and recent bereavements. Judge McCartan noted Vaisvilas is at low risk of reoffending and is remorseful. Vaisvilas has been in custody since the offence because he could not pay the €1,500 High Court bail. He was previously sentenced to a six-month suspended sentence for a second sexual assault at Eddie Rocket's Diner. Defending counsel Dominic McGinn SC stated Vaisvilas had not slept for five or six days, had consumed vodka, and was experiencing flashbacks to his military service. Vaisvilas has lived in Ireland for nine years and worked in Letterkenny.
Gary Partridge, 29, was jailed for one year after threatening to kill Gardaí and detonate a bomb. He claimed he was merely seeking attention because a report of a suspected device had been ignored. Gardaí, led by Detective Sergeant Eddie Carroll, responded to a call at 2.30 am. Partridge pointed a gun at officers, threatened to shoot them, and claimed he had a remote to detonate a bomb. The firearm was an air pistol. Gardaí managed to subdue him, and he later apologized. Partridge pleaded guilty to possession of an air pistol. Judge Martin Nolan sentenced him to five years, suspending four years on strict conditions, citing the seriousness of his actions and the potential danger posed to the public and officers.
The Central Criminal Court jury heard technical evidence on the 27th day of the trial of Graham Dwyer, who is charged with murdering Elaine O'Hara at Killakee, Rathfarnham on 22nd August 2012. Mr Dwyer, aged 42, has pleaded not guilty to the charge. Witnesses including telecommunications engineers provided detailed mobile phone records and data covering periods before and after the alleged offence. The court also heard from a woman who had engaged Mr Dwyer's architectural services in County Galway in 2009, and from witnesses who placed him at various locations during July 2012. A Ballyshannon hotel proprietor testified to his movements that month. The State's case is that the killing occurred hours after Ms O'Hara's discharge from a mental health facility. Her remains were discovered at Killakee in September 2013. The trial continues before Mr Justice Tony Hunt and a jury of five women and seven men.
A murder trial at the Central Criminal Court heard evidence on its 22nd day regarding Graham Dwyer, aged 42, who is charged with murdering Elaine O'Hara at Killakee, Rathfarnham on August 22nd, 2012. Mr Dwyer has pleaded not guilty. A former partner testified that Mr Dwyer had expressed a fantasy involving stabbing during sexual activity and subsequently brought a kitchen knife into their bedroom. She also described receiving a birthday card from Mr Dwyer in November 2014 containing references to forensic evidence and acquittal. Detective Garda Bríd Wallace of the Computer Crime Unit gave evidence regarding examination of Ms O'Hara's laptops, identifying documents concerning methods of killing and online searches for stabbing-related content and specific knives. Email communications and user profiles on websites associated with Mr Dwyer were also discussed. The trial continues before a jury of five women and seven men.
A 32-year-old carpenter from Longford has avoided a custodial sentence following his admission to permitting the supply of heroin within his vehicle. Robert Nevin pleaded guilty at Dublin Circuit Criminal Court to an offence relating to a controlled substance found in a van he was driving on August 15, 2012. Gardaí stopped the white Ford Transit after observing a red light breach and discovered approximately 120 grammes of heroin, valued at over €18,000, concealed within the vehicle. Nevin had travelled from Mullingar to Dublin with another man to collect the drugs. Judge Martin Nolan suspended a three-and-a-half-year sentence. The defence outlined that Nevin, who had previously operated a carpentry business serving Donegal and Sligo, developed a heroin addiction following personal difficulties and his mother's death in 2007. His co-accused received a similar sentence with a portion suspended.
A man convicted of murdering his pregnant ex-girlfriend is awaiting the outcome of his appeal against conviction in the Court of Appeal. Stephen Cahoon, originally from County Derry, was found guilty of strangling Jean Teresa Quigley at her home in Derry in July 2008. She was ten weeks pregnant at the time. A jury unanimously convicted him of murder in April 2012, and he received a life sentence. His appeal, heard today, centred on whether the trial judge misdirected the jury regarding the defence of provocation. Cahoon's counsel argued the judge conflated provocation with insanity by suggesting a person cannot form criminal intent when provoked. The Director of Public Prosecutions' counsel contended the trial judge's direction was correct and characterised the case as a straightforward provocation matter. The Court of Appeal indicated it would reserve its decision. Cahoon was arrested in Donegal Town ten days after the killing.
Swords District Court sentenced four defendants. Jamie Cunningham (18) of Balbriggan, who pleaded guilty to failing to comply with a garda directive, was sentenced to one month in prison after failing to complete a previous 100-hour community service order; a second charge of obstructing the Gardai was struck out. Genadijs Ogurcous (45) of Lusk pleaded guilty to theft after cutting security tags from items in a Swords department store and received a six-month suspended sentence. Ishtiag Ahmad (33) of Coolock, who pleaded not guilty to permitting a child under three to travel without appropriate restraint, was convicted after Judge Dermot Dempsey accepted garda evidence over his defence; he was fined €150. Kevin Harris (24) of Clarehall, who pleaded not guilty to driving under the influence of cannabis, was found guilty following a collision at Hearse Road; the court imposed a four-year driving ban and a €1,000 fine. All matters were finalised at the sentencing stage.
Liudas Vaisvilas, 51, pleaded guilty at Dublin Circuit Criminal Court to sexual assault at Terminal 2 in Dublin Airport on April 10, 2014. The defendant, of Glenveagh Court, Letterkenny, Co Donegal, was remanded in custody for sentencing in February next, pending a full psychiatric assessment and an updated probation report. Judge Patrick McCartan expressed concern that Vaisvilas's mental state could lead to repeat offences. Vaisvilas was previously sentenced to six months' suspended imprisonment for a second sexual assault at Eddie Rocket's Diner on O'Connell Street, which occurred hours after the airport incident. He also has one other conviction for road traffic offences. Defence counsel Dominic McGinn SC stated that Vaisvilas had not slept for several days, had consumed vodka, and was experiencing flashbacks related to his past service in the Russian Special Forces in Siberia. The court heard that Vaisvilas has been in custody since the offence because he was unable to pay the €1,500 required under his High Court bail. Judge McCartan noted that Vaisvilas will receive full credit for the time spent in custody. The matter was adjourned to February for final sentencing.
A Dublin man has avoided a custodial sentence after pleading guilty to possessing cannabis valued at approximately €12,000 at his home in Kilmore West, Ballyshannon, County Donegal, in February 2013. Jason Lawless, aged 38, received a three-year sentence at Dublin Circuit Criminal Court, which was suspended in full. Judge Catherine Murphy commended his rehabilitation progress over the preceding eighteen months, noting she had rarely witnessed such substantial advancement. The court heard that Lawless, who had struggled with drug addiction for seventeen years, is now drug-free and engaged in education, counselling and therapeutic services. A search of his residence had also uncovered cocaine and drug paraphernalia. Lawless stated he was holding the drugs to discharge a debt. The suspension is conditional on him remaining substance-free and avoiding further offences for three years.
Garda whistleblower Keith Harrison, the applicant, brought a High Court challenge against the Garda Commissioner to halt internal disciplinary proceedings. Harrison denies all allegations, which include verbal and physical abuse, assault, and harassment of his partner, as well as allegedly accessing her car details on the Garda Pulse system 25 times between August 2009 and April 2013. He claims there is no bona fide basis for the inquiry and that the appointment of an investigating officer on December 1 was unlawful and unconstitutional. Harrison seeks orders prohibiting the investigation into alleged breaches of Garda Disciplinary Regulations and criminal conduct between October 1998 and October 2013. He argues his partner was unlawfully pressurised into making a statement, which was subsequently forwarded to GSOC, and that both their privacy rights were breached. Counsel Mark Harty SC stated the decision to investigate was malicious and oppressive, citing prior bullying following Harrison's arrest of a colleague in Athlone. Mr Justice Seamus Noonan granted permission to bring the action on an ex parte basis and imposed a stay on the disciplinary process pending the outcome. The matter was adjourned and made returnable to a date in late January.
A Letterkenny chiropractor has had his sentence for burglary reduced on appeal. Kevin Ginty, aged 47, pleaded guilty to burgling the home of a woman with whom he had been in a relationship. He was initially sentenced to five years imprisonment at the Central Criminal Court in July 2013 for the offence committed in April 2010. The Court of Appeal has now reduced the sentence to two years, to run from the date of his conviction. The court found that insufficient weight had been given to Ginty's lack of previous convictions and his standing in the community. Whilst acknowledging the seriousness of the burglary, which involved an assault on the woman in her own home, the appellate court determined that a two-year custodial sentence was more proportionate for a first-time offender in cases of this nature.
A 51-year-old man was remanded on bail at Dublin Circuit Criminal Court ahead of trial next year on charges relating to alleged sexual offences against two young girls. The man faces 50 counts in total, including 40 counts of child exploitation involving the alleged production of child abuse material, three counts of sexual assault, and seven counts of defilement of a child under 17. The offences are alleged to have occurred between 2007 and 2011 at locations in Dublin and Donegal. The man was sent forward from the District Court earlier this year. A pre-trial hearing has been scheduled for June 5, 2015, with trial proceedings set to commence on July 13, 2015. The trial is expected to last approximately two weeks. The court heard that substantial disclosure material remains under review by both defence and prosecution teams.
A garda is to face two separate trials at Dublin Circuit Criminal Court next year on allegations of harassing women. Garda Donal Maguire, aged 38, is charged with harassing one woman at a Dublin location during 2012, and with harassing a second woman at a Dublin location on dates in 2014. The accused, formerly resident in Kilbarrack, Dublin, is now living in Bundoran, Co Donegal. At a hearing before the District Court, the defence indicated both trials would require approximately three days each. Trial dates have been set for 30 June and 12 October 2015. Garda Maguire has been remanded in custody pending trial. Pre-trial dates were scheduled for 15 May and 10 July 2015. The court noted that no plea has yet been entered, and the accused remains presumed innocent.
A Lithuanian national has failed in his appeal against a six-year custodial sentence imposed for cannabis cultivation offences in Donegal. Andrias Gruodis, aged 35, with an address in Ballybofey, had pleaded guilty in Letterkenny Circuit Court to possession of drugs for sale or supply and cultivation of cannabis. Judge John O'Hagan imposed concurrent six-year terms in July 2011 for the operation of a "grow house" where drugs valued at less than €24,000 were produced. The Court of Appeal heard that Gruodis had fully cooperated with gardaí and submitted that duress had played a role, with an undesirable element pressuring his sister. His barrister argued for a suspended sentence and voluntary deportation. The Director of Public Prosecutions countered that the offence was inherently serious, premeditated, and involved deliberate measures to evade detection. Mr Justice Garrett Sheehan, sitting with the President and two colleagues, found the sentence proportionate and dismissed the application.
A 51-year-old man charged with 50 counts of sexual offences against two young girls appeared at Dublin Circuit Criminal Court following his committal from the District Court. The allegations relate to incidents alleged to have occurred between 2007 and 2011 at locations in Dublin and Donegal. The charges comprise 40 counts of child exploitation, three counts of sexual assault, and seven counts of defilement of a child under 17 years of age. The prosecution indicated that additional documentation from the Director of Public Prosecutions was still being gathered and would require a further four to six weeks to obtain. The defence indicated they had received substantial disclosure material the previous month. Judge Mary Ellen Ring adjourned the matter to 9 December 2014, when the defendant is expected to indicate his plea.
A garda has been remanded in custody at Dublin Circuit Criminal Court after being arrested on a bench warrant for failing to appear at a scheduled hearing. Garda Donal Maguire, aged 38, faces charges of harassing a woman at locations in Dublin during 2012 and early 2013. He was arrested at his mother's home in Bundoran, County Donegal, after Judge Mary Ellen Ring issued a warrant when he did not appear as directed. The accused, formerly of Kilbarrack in Dublin, told gardaí he lacked funds to travel for the court appearance, though this explanation was disputed by inspectors. His defence counsel indicated a bail application may be sought at the next hearing on November 10th. The judge stressed that no plea has yet been entered and the defendant remains presumed innocent pending trial.
A bench warrant has been issued for the arrest of a garda accused of harassment following his failure to appear at Dublin Circuit Criminal Court. Garda Donal Maguire, aged 38, faced charges of harassing a woman at a Dublin location during 2012 and again during 2012 and early 2013. He had been remanded on continuing bail in July with an instruction to appear for arraignment today. The accused, formerly resident in Kilbarrack, Dublin, is currently based in Bundoran, County Donegal. His defence counsel noted that Maguire had discharged himself from hospital in Sligo to attend his previous court date and requested discretion in executing the warrant given the circumstances involved. The prosecution indicated the accused is accessing mental health services, with certain concerns noted. Judge Mary Ellen Ring issued the warrant at Dublin Circuit Criminal Court.
A local election candidate in Bundoran, County Donegal, avoided imprisonment at the High Court after agreeing to remove material from YouTube that Bundoran Town Council alleged to be defamatory. Patricia McCafferty, an Independent candidate for Donegal County Council, had previously been directed by Mr Justice Paul Gilligan on 1 May to take down the posts and cease distributing election literature. When she failed to comply, she was brought before the court to answer contempt charges. Ms McCafferty, representing herself, undertook to remove the posts and election materials "under protest," stating she rejected the council's claims and intended to appeal the original order. Following her compliance, Mr Justice Gilligan found the contempt issue concluded and awarded legal costs to Bundoran Town Council, though a stay was placed pending the full hearing of the action. The judge directed that a statement of claim be served within 21 days.
The High Court has ordered the arrest of an independent candidate standing for Donegal County Council following her alleged failure to comply with court orders regarding defamatory material posted online. Mr Justice Paul Gilligan ruled on Friday that Patricia McCafferty of Bundoran be arrested and brought before the court on a charge of contempt of court. Bundoran Town Council sought the order after Ms McCafferty allegedly failed to remove YouTube videos from the social media platform despite a High Court directive issued on 1 May requiring their removal. The council claims the videos and signage displayed in the town make defamatory allegations against its members and officials. The court heard that while roadside signs have since been taken down, the YouTube posts remain accessible. Ms McCafferty, a former traffic warden dismissed by the council in 2008, was not present at the hearing. The judge found she had breached the court orders and been properly served notice of proceedings.
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.
A man's indecent assault conviction has been quashed by the Court of Criminal Appeal in the first case decided under a recent Supreme Court ruling on suspect interrogation rights. The man, now aged 45, had been sentenced to two years imprisonment in April 2012 after conviction on two counts by jury at Naas Circuit Criminal Court. The alleged offences dated to December 1986 and 1987 in County Kildare. The applicant's counsel argued that a garda interview conducted before the man received legal advice breached his constitutional rights, citing the Supreme Court's March 2014 decision in DPP v Gormley, which established that suspects requesting a solicitor cannot be questioned until receiving legal advice. Presiding judge Mr Justice John MacMenamin found the case fell squarely within Gormley's principles. He noted the applicant's solicitor was en route to the station when questioning proceeded, and determined the interview material was inadmissible. The court allowed the appeal and declined to order a retrial, given the applicant had already served his sentence. The unnamed 45-year-old pleaded not guilty.
Swords District Court heard several matters presided over by Judge Dempsey. David Wheatley, who pleaded not guilty to causing criminal damage at the home of Thazman Byrne, was convicted after the judge accepted CCTV evidence. He was fined €400, bound to the peace for one year, and ordered to stay away from Ormond Close and have no contact with the victim. Dawid Morkowski pleaded guilty to trespass at St Colmcille's Parochial House and was remanded on continuing bail for a Probation & Welfare Report. Mark Gavin pleaded guilty to the theft of Nike runners and was similarly remanded on continuing bail for a report. Shane Lynch pleaded guilty to unlawful possession of cannabis and was ordered to provide €500 to the court. Karlos Verbickas pleaded guilty to trespass and the theft of two bicycles and an iPhone; he was sentenced to five months in prison. Brian Murphy pleaded guilty to being intoxicated and using threatening behaviour; his case was struck out after he paid a €200 charitable donation. Gareth O'Connell, who also pleaded guilty to the same offences, was convicted and fined €300 for intoxication and €100 for threatening behaviour after failing to pay the full donation.
A man from Donaghmede was convicted of using threatening and abusive behaviour towards gardai at a County Dublin beach in July 2013. Anthony O'Connor, aged 24, was part of a group consuming alcohol at Portmarnock Beach on 8 July when gardai requested he surrender the cans. He became abusive to both members of an garda síochána and members of the public during the interaction. O'Connor, who works as a student fitness instructor and has nineteen previous convictions, pleaded guilty to the charge at Swords District Court. Judge Dermot Dempsey imposed a community service sentence of 200 hours as an alternative to one month's imprisonment. His defence solicitor indicated O'Connor had struggled with excessive drinking and apologised for his conduct during the incident.
A 23-year-old man from Dublin appeared at Dublin District Court facing three charges following an alleged assault outside the Four Courts on Sunday. The accused is charged with entering a High Court judge's vehicle contrary to road traffic legislation, and with attacking the judge under assault provisions. A third charge alleges assault causing harm to a security guard at the same location. The defendant was remanded on bail to appear again in January. The prosecution sought additional time to obtain directions from the Director of Public Prosecutions. The defence was granted access to CCTV evidence from the incident. The High Court judge involved previously worked as a senior counsel at the Morris tribunal investigating Garda matters in County Donegal before his recent appointment to the bench.
A Dublin District Court heard today that a dispute involving former developer Tom McFeely and recruitment firm MCR Personnel Ltd had been resolved, resulting in the striking out of proceedings that threatened a three-month jail term. The action, which had spanned approximately two years before the court, concerned an outstanding debt of €24,288 for services rendered. MCR's solicitor informed Judge Mary Collins that the parties had reached agreement, and the case was withdrawn. The matter had previously involved detailed cross-examination of McFeely's financial circumstances and alleged assets across multiple jurisdictions. The resolution came days before further questioning regarding financial matters was scheduled to resume at Dublin District Court.