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.
A beauty therapist from Dublin has received a suspended prison sentence following an assault on her ex-partner's mother. Edel Lovett, aged 33, of Raphoe Road, Crumlin, pleaded guilty to assault causing harm at Wainsford Manor Crescent, Terenure on 14 August 2019. Dublin Circuit Criminal Court heard that Lovett attended the victim's home intending to confront her former partner but encountered the man's 65-year-old mother instead. The assault resulted in the victim being pulled to the ground, struck, kicked and having hair pulled from her head. The victim reported suffering profound effects from the attack and was unable to leave her home for four months thereafter. Judge Elma Sheahan suspended a 14-month prison sentence conditional on Lovett engaging with the Probation Service's mental health and anger management programme. The judge noted mitigating factors including Lovett's psychiatric ill health at the time and her guilty plea. Lovett was ordered to pay €3,000 immediately and a further €5,000 within twelve months, with any remainder after the victim's medical costs to be donated to charity.
A 32-year-old man from Castlefin, County Donegal, has been sentenced to four years imprisonment following his conviction for rape at the Central Criminal Court. The man pleaded guilty to entering an apartment through an unlocked door and sexually assaulting a sleeping woman in October 2016. The woman woke during the assault and the perpetrator fled after a struggle. DNA evidence linked him to the offence. Mr Justice Alex Owens noted the man's significant intellectual impairment in sentencing, reducing the headline sentence from ten years to four years. The judge rejected the defendant's claims that he believed the woman was engaged in sex work, describing such assertions as demonstrating lack of remorse. A post-release supervision period of four years was also imposed. The victim provided a statement describing lasting psychological impact and altered behaviour in her own home.
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 has been jailed for one year at Dublin Circuit Criminal Court following his guilty plea to indecently assaulting a child in Dublin in the 1980s. Thomas Deegan, aged 55 and with an address in Finglas, Dublin, committed the offence against an eight-year-old boy between May 1982 and October 1985. The victim, now 45, made a formal complaint to gardaí in 2015, leading to Deegan's arrest and charging in 2017. Deegan initially failed to appear for trial in November 2019 and was subsequently located in Donegal. He entered his guilty plea on the first day of trial this month. In sentencing, Judge Elma Sheahan noted the seriousness of the offence and the age disparity, but acknowledged Deegan's lack of previous convictions and clean record since the incident. She suspended the final twelve months of the sentence on strict conditions. The victim provided an impact statement describing lasting effects including low self-esteem and anxiety.
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.
Thomas Deegan, 55, of Finglas, pleaded guilty at Dublin Circuit Criminal Court to one count of indecently assaulting a boy at a field in Dublin between May 1982 and October 1985. The court heard that Deegan, then aged approximately 18, approached the victim, who was around eight years old, and indecently assaulted him after the child felt intimidated into following him. Deegan allegedly threatened the boy not to tell his parents. The victim, now 45, read a statement describing the long-term impact on his self-esteem and anxiety, stating that Deegan's power over him as a child is gone. Deegan had previously failed to appear for a trial, leading to his arrest in Donegal. He entered his guilty plea on the first day of a retrial. Defence counsel Seoirse O Dúnlaing BL submitted that the offence was a single, isolated incident, noting Deegan has no previous convictions and wished to formally apologise for his "shocking and disgraceful" actions. Mr O Dúnlaing urged Judge Elma Sheahan to consider imposing a suspended sentence, highlighting Deegan's otherwise good character and isolated life. Judge Sheahan adjourned the matter to December 15 for sentencing.
A woman serving a suspended sentence for staging a murder victim's suicide has been sent back to jail after a judge heard she has been charged with 33 new offences, has consumed crack and heroin, and failed to give notice of where she was living. Janice Brady, with a last address at Maryville Hostel, Finisklin, Sligo, was sentenced to four years in prison in November 2019 for staging a suicide to impede the prosecution of her brother for the murder of Sligo musician, Martin "Matt" Kivlehan (60). She had pleaded guilty to the impeding charge in November 2017. Keith Brady (33) was found guilty of Mr Kivlehan's murder at New Apartments, Holborn St, Sligo on August 2 or August 3, 2015. Earlier this month, a bench warrant was issued for Brady after she breached the terms of her suspended sentence again. Activating the suspended part of the original sentence, Mr Justice White said that he had to impose the balance of the ten month sentence as Brady was in trouble again with the law, had failed to cooperate with the probation services and was still abusing drugs. The matter was adjourned.
Justice Michael White issued a bench warrant for the arrest of Janice Brady, who is in automatic breach of her suspended sentence. Brady, 29, was previously sentenced to four years in prison for staging the suicide of Martin "Matt" Kivlehan to impede the prosecution of her brother, Keith Brady. Keith Brady was found guilty of Mr Kivlehan's murder at New Apartments, Holborn St, Sligo, on August 2 or August 3, 2015. Brady had pleaded guilty to the impeding charge and had already served 28 months in custody by the time of her sentencing. Her remaining sentence was suspended on the condition that she resided with her father in Ballyshannon, Co Donegal. However, she moved to a B&B in Dublin without notifying her probation officer, leading to a warning from the court. Sgt Mark McHale informed the court that Brady had been charged with 32 offences since March, mainly for shoplifting in Dublin, and is currently sleeping rough. With 10 months left in her sentence, Justice White ordered her arrest and directed that she be brought before the Central Criminal Court.
A trial date has been set for a man accused of murdering a Donegal woman. Richard Burke, aged 28, of Forest Park in Killygordon, is charged with the murder of Jasmine McMonagle at her home in the same area on January 4, 2019. Ms McMonagle, also aged 28, was found dead at her residence on that date. The Central Criminal Court has scheduled the trial to commence on July 5, 2021, before Mr Justice Michael White. Burke has been granted free legal aid in connection with the proceedings.
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.
The Court of Appeal has dismissed an appeal by a debt collector against an 18-month custodial sentence imposed for intimidation and harassment offences. Kevin Molloy, aged 51, originally from Donegal and currently residing in Cavan, was convicted in May at Mullingar Circuit Criminal Court of harassing a man and his daughter between April and August 2015. His offences included threatening to kidnap and harm an individual, and arranging the distribution of defamatory flyers at equestrian events and in Mullingar. Molloy, who operated a debt recovery business based in Kildare, received a headline sentence of four years with 18 months suspended. The three-judge court, presiding over the appeal on Friday, upheld the sentencing judge's assessment that the offences fell within the upper mid-range. The judges described the 18-month actual custodial term as generous and rejected claims the sentence was unduly harsh. The court also upheld a seven-year ban on Molloy operating as a debt collector, deeming it legitimate and proportionate. Molloy was permitted time to arrange his affairs before beginning his sentence on 30 September.
A 50-year-old Dublin man has been sentenced to six years and nine months imprisonment at Dublin Circuit Criminal Court for sexually abusing his step-daughter and secretly recording her in the bathroom. The man pleaded guilty to sexual assault, producing child pornography, and distributing child pornography between 2014 and 2016. A search of his home uncovered 96 videos and 82 images of child abuse material across two devices. The recordings were sent to another man in Donegal. Judge Elma Sheahan noted the deliberate nature of the concealed camera, hidden inside a clock, and described it as a continuation of the abuse itself. The victim, who was aged 12 or 13 at the time of the assault, delivered an impact statement describing lasting psychological harm. The final nine months of the sentence have been suspended on condition of two years' probation supervision following release.
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.
Paul Norton, 31, was found not guilty of unlawfully possessing a loaded Beretta handgun and 31 rounds of 9mm ammunition at Stardust Memorial Park in Coolock on 5 October 2019. The Special Criminal Court judge, Mr Justice Tony Hunt, noted that the prosecution's case relied solely on the testimony of Detective Garda Flynn, who claimed Norton was the driver of a VW Passat that was chased by Gardaí and that Norton allegedly dropped a bag containing the weapon and ammunition. The judge highlighted the lack of DNA evidence and the absence of positive identification of Norton as the person who dropped the gun. He concluded that the evidence did not establish beyond a reasonable doubt that Norton was in possession of the firearm at the park, and therefore acquitted him of the charges.
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.
The Special Criminal Court will deliver a verdict next month in the case of Paul Norton (31) from Cromcastle Court, Coolock, Dublin 17, who is accused of dropping a loaded handgun during a chase through the Stardust Memorial Park on October 5th, 2019. Norton has pleaded not guilty to the unlawful possession of a handgun and ammunition. The trial has heard that the State's case relies on recognition by two detectives, Det Gda Keith Cassidy and Det Gda Jason Flynn, who both identified Norton during the chase. They stated that Norton exited the driver's side of a Volkswagen Passat and looked directly at their windscreen. The detectives, who have 13 years of experience working in Coolock, said they simultaneously recognized Norton. However, the defense, led by Mr Michael Bowman SC, argued that there was a lack of physical description of the suspect in any Garda statement and that the evidence was insufficient.
Two men appeared before the Special Criminal Court on charges relating to an alleged attempted murder in Limerick in 2015. John Costello, aged 39, of Hennessy Avenue, Kileely, County Limerick, faced charges of knowledge of the McCarthy-Dundon criminal organisation and providing transport to facilitate the attempted murder of Christy Keane at University of Limerick car park on 29 June 2015. Larry McCarthy, aged 42, of Tower Lodge, Old Court Road, Limerick City, was charged with making a vehicle available to the same criminal organisation in connection with the alleged incident between 27 and 29 June 2015. Both charges fall under Section 72 of the Criminal Justice Act 2006. McCarthy was arrested in Buncrana, County Donegal. The court heard an application for medical attention regarding an injury sustained by McCarthy. Both men were remanded in custody, with the cases adjourned to 12 June.
A detective testified in the Special Criminal Court that he was on first-name terms with Paul Norton (31), accused of possessing a loaded handgun and 31 rounds of 9mm ammunition at Stardust Memorial Park in Coolock, Dublin on October 5th, 2019. Norton has pleaded not guilty. The trial heard that the State's case relied on identification, as there was no DNA evidence. It is alleged that during a high-speed chase, Norton dropped a bag containing a loaded Beretta 92, a full magazine with 15 rounds, and 15 additional rounds. Detective Garda Keith Cassidy stated he could identify Norton due to familiarity with his family and friends, and noted that Norton had nicknamed him 'Paudge' after a character from the TV series 'Red Rock'. During the chase, Norton exited a VW Passat, which had sustained tire damage, and was identified by Cassidy and another detective. The trial continues.
In a Special Criminal Court hearing, Paul Norton, 31, pleaded not guilty to unlawful possession of a Beretta handgun and 31 rounds of 9mm ammunition found at Stardust Memorial Park on 5 October 2019. The State's case relied on recognition evidence, as no DNA was recovered. The prosecution alleged that during a high‑speed chase, Norton dropped a bag containing a 9mm Beretta 92 with a single round in the chamber, a full magazine of 15 rounds, and an additional 15 rounds. Defence counsel Michael Bowman questioned the forensic evidence, noting that forensic samples from the bags were contaminated and that DNA from a forensic scientist was found. He also highlighted that DNA from two other men, BD and EN, was identified on the Passat and a bottle of Corona beer, respectively.
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.
In a Special Criminal Court hearing, Paul Norton, aged 31, pleaded not guilty to unlawful possession of a Beretta handgun and 31 rounds of 9mm ammunition found in a black drawstring bag at Stardust Memorial Park, Coolock, on 5 October 2019. Gardaí Detective Jason Flynn recounted a high‑speed chase that began when a navy blue Passat was spotted in a cul‑de‑sac off Bunratty Road. The vehicle collided with a traffic island, and Norton exited the car. Flynn pursued Norton into the park, where Norton dropped the bag while attempting to escape. The bag contained the handgun, a full clip of ammunition, and an additional round in the breech. No forensic evidence linked the weapon or ammunition to Norton, and he was arrested on 13 October 2019. The trial was scheduled to continue the following day.
Paul Norton, aged 31, pleaded not guilty to unlawful possession of a Beretta handgun and 31 rounds of 9mm ammunition after he dropped a bag containing the weapon and ammunition while being chased by Gardaí through Stardust Memorial Park, Coolock, on 5 October 2019. The prosecution, represented by Mr John Byrne JC, argued that the State's case relied on visual identification. Gardaí Jason Flynn and Keith Cassidy pursued a parked Volkswagen Passat that failed to stop, leading to a high‑speed chase of 4.5 kilometres. The occupants fled into the park, where Det Gda Flynn chased Norton on foot for about 160 metres, observed him stumble and drop the bag, and secured it. No forensic or DNA evidence linked the firearm, ammunition or vehicle to Norton; the case was based on visual identification. Detailed maps and photographs of the scene and pursuit route were entered into evidence.
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.
Janice Brady appeared before the Central Criminal Court on Wednesday for a hearing regarding an alleged breach of conditions attached to her suspended sentence. In November 2017, Brady pleaded guilty to impeding the apprehension or prosecution of her brother, Keith Brady, who was found guilty of the murder of musician Martin Kivlehan in Sligo in 2015. Following a December hearing, the court suspended the balance of Brady's four-year prison term, conditional on her residing with her father in Ballyshannon, Co Donegal. Probation officer Michelle McShane reported difficulties locating Brady, who was understood to be living in temporary accommodation in Dublin but had not notified the Probation Service of her change of address. Detective Sergeant Martin McHale testified that Brady had not been involved in any trouble since the suspension of her sentence. Mr Justice White, who had issued a warrant for her arrest earlier that day due to her failure to appear at the start of the sitting, warned Brady that she would return to jail if she failed to keep in contact with the Probation Service regarding her residence. The matter was adjourned.
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.
A man from Donegal has been sentenced to seven years imprisonment at the Central Criminal Court following his conviction for multiple counts of rape. The 25-year-old was found guilty on unanimous jury verdicts of two counts of anal rape and two counts of vaginal rape committed in July 2016. The offences occurred in a field and at a residential address in the county. Justice Tara Burns heard evidence that the victim, a teenager at the time, was unable to consent due to intoxication. The judge noted the man exploited the victim's vulnerability and her initial willingness to spend time with him. In mitigation, the court considered his late acknowledgement of guilt, previous good character, and role as father figure to young children. The judge reduced an indicated headline sentence of nine years, citing these factors. The victim provided a statement describing the lasting psychological impact of the attacks.
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.
A 57-year-old man from County Donegal has been convicted of sexually assaulting a boy in his care between 2003 and 2004. The defendant, whose identity is protected to safeguard the victim, faced trial at the Central Criminal Court on seven counts of oral rape, to which he pleaded not guilty. A jury acquitted him of these charges but convicted him of the alternative lesser offence of sexual assault involving molestation of the child's genitals when the victim was aged between 13 and 15 years. Ms Justice Carmel Stewart imposed a two-year sentence, suspending the final six months on strict conditions. The victim, now in his twenties, delivered an impact statement describing how the abuse had destroyed his childhood and caused ongoing trauma. During sentencing, the court noted the defendant had offered to plead guilty to sexual assault prior to trial, an offer rejected by the Director of Public Prosecutions.
A High Court judge has warned a father and son from Muff, County Donegal, that they face imprisonment and seizure of machinery if they continue to obstruct access to a windfarm development at Glackmore. Ms Justice Leonie Reynolds expressed her impatience with Joseph McGonigle and his son Seosamh following allegations that they placed a tractor and mobile home on an alternative access route required for health and safety purposes. The plaintiffs, Storm Renewables Ltd, Michael Doherty, Enros Wind Farm Ltd, and Three Trees Wind Project Ltd, sought further court orders to remove the vehicles blocking the route to the construction site. The defendants claim ownership of the disputed lands and deny wrongdoing. Ms Justice Reynolds granted the requested orders, giving the McGonigles until Sunday afternoon to remove the obstruction, warning of potential incarceration for further breaches and contemplating orders for machinery seizure. She noted mounting legal costs in the ongoing dispute. The matter was adjourned for one week.
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.
The Court of Appeal has dismissed the appeal of John Barrow, a 74-year-old pensioner from Crolly, Co Donegal, upholding his conviction for abusing a teenage boy. Barrow had denied six counts of indecently assaulting the then 14-year-old victim between August 1989 and September 1990. He was originally found guilty by a jury at Donegal Circuit Criminal Court and sentenced to six years' imprisonment, with the final two years suspended, by Judge Cormac Quinn on June 19, 2017. The defence argued that a directed acquittal should have been granted due to a fundamental inconsistency regarding the victim's age and school year relative to the indictment dates. However, President of the Court of Appeal, Mr Justice George Birmingham, sitting with Mr Justice Patrick McCarthy and Mr Justice Brian Murray, held that the trial judge was entitled to leave the case to the jury. The court noted that while the complainant provided inconsistent details about the timing, he never resiled from his core complaint. Supporting evidence included the complainant's description of Barrow's home layout, a retained novel, and evidence related to a shared hobby. The three-judge panel concluded there was no doubt the trial judge acted correctly, thereby dismissing the appeal and maintaining the original conviction and sentence.
Two Dublin men wanted in Northern Ireland on charges of attempted murder of a Police Service of Northern Ireland officer have had their extradition hearing opened at the High Court. Ciaran Maguire, aged 29, and Sean Paul Farrell, aged 32, are also charged with possession of explosive substances with intent to endanger life. Both face potential life sentences if convicted. According to a European Arrest Warrant, an improvised explosive device was discovered at a police officer's home in County Donegal in June. The men were arrested in County Donegal on suspicion of membership of an unlawful organisation. Their legal representatives objected to extradition today, arguing that their clients were not adequately warned during interviews at Milford Garda Station that silence could be used against them in Northern Irish courts. Counsel submitted that Northern Ireland's rules allowing judges to draw adverse inferences from an accused's failure to testify breach constitutional protections afforded in the State. The hearing before Mr Justice Donald Binchy is expected to conclude tomorrow.
A 74-year-old man from Crolly, County Donegal, appeared before the Court of Appeal on 28 November to challenge his conviction for sexually abusing a teenage boy over three decades ago. John Barrow had been found guilty by jury of six counts of indecent assault against the then 14-year-old between August 1989 and September 1990. He was sentenced to six years imprisonment, with the final two years suspended, in June 2017. During today's appeal hearing, Barrow's legal counsel argued that a significant inconsistency in the prosecution case concerning when the complainant was in sixth class undermined the indictment's timeframe. The Director of Public Prosecutions' representative maintained there was sufficient evidence for the jury to assess credibility. The three-judge panel reserved judgement, with the court expected to deliver its decision on 10 December.
Ciaran Maguire and Sean Paul Farrell, Dublin men wanted in Northern Ireland for the alleged attempted murder of a PSNI officer and possession of explosive substances, raised constitutional concerns regarding their potential extradition. Both face life imprisonment if convicted. Maguire's counsel argued that evidence gathered during their arrest in Donegal, including DNA and interview transcripts, must be scrutinized in Ireland to ensure it was not obtained unlawfully, as Irish constitutional protections cannot be challenged in Northern Ireland. Farrell's counsel contended that his client was informed of a right to silence that does not exist in Northern Ireland, where inferences can be drawn from silence. The Minister for Justice's counsel dismissed these as fishing expeditions, noting that inferences are trial issues. The Court of Appeal previously rejected a judicial review concerning the Gardaí's refusal to provide this information. In the High Court, Mr Justice Donald Binchy stated the applications deserved a written judgment, aiming to deliver it by November 26. He also granted each man senior counsel to argue their extradition case in December. The matter remains at the pre-extradition procedural stage, with no final determination on the extradition request yet made.
A garda whistleblower has concluded three weeks of testimony before an ongoing tribunal, maintaining that a former assistant garda commissioner orchestrated a "deliberate and unmitigated" cover-up when investigating his allegations of garda collusion with a heroin dealer. Garda Nicholas Keogh alleged that a senior member of the Athlone drugs unit engaged in an improper relationship with a heroin supplier. The tribunal, chaired by Judge Sean Ryan, is examining whether Gda Keogh faced targeting, harassment, or bullying following his protected disclosure in May 2014. Gda Keogh submitted a complaint to the Justice Minister in 2016, contending that the subsequent investigation was fundamentally flawed. He referenced the Morris Tribunal's exposure of garda misconduct in Donegal during the 1990s as a parallel case. The tribunal continues hearing evidence, with three Athlone gardaí due to testify.
A man has been sentenced to ten years imprisonment at Dublin Circuit Criminal Court following his conviction on twenty-four counts of indecent assault. Thomas Patton, aged 51, was found guilty by jury in July of abusing his young cousin over a six-year period between 1984 and 1990 at Castlefinn, County Donegal. The offending began when the victim was six years old. Judge Melanie Greally imposed four years for offences committed when Patton was a minor and six years for those committed in adulthood, to run consecutively. The judge cited the extreme nature of the abuse, its duration and regularity, the victim's age, breach of trust, and severe psychological harm as aggravating factors. In mitigation, she noted Patton's youth during the initial offences, absence of previous convictions, and subsequent productive life. The victim, who waived anonymity, described lasting trauma and family division resulting from disclosure. Thomas Patton pleaded not guilty.
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.
At the Central Criminal Court, the trial of two men accused of raping a student in a Donegal town in February 2015 has reached the closing submissions stage. The accused, aged 29 and 33, both pleaded not guilty to two counts of rape. The complainant alleged she was too intoxicated to consent after a night of drinking. Prosecution counsel Seamus Clarke SC argued that video evidence demonstrated the complainant's severe intoxication and lack of consent, noting the older man admitted intercourse while the younger denied it, despite DNA evidence linking him to the incident. Defence counsel Colman Fitzgerald SC and Barry White SC contended the State failed to prove beyond reasonable doubt that the complainant did not consent or that the accused knew she did not. They highlighted potential reasonable doubts regarding the level of intoxication and suggested DNA traces could result from cross-contamination. Mr Justice Alex Owens adjourned the matter, instructing the jury to begin deliberations after he continues his charge tomorrow. The case remains unresolved pending the jury's verdict.
A 29-year-old man accused of rape has made no comment when questioned about forensic evidence linking him to the alleged offence, the Central Criminal Court has heard. The defendant, a non-national residing in Donegal, is charged alongside a 33-year-old co-accused with two counts of rape of a woman in February 2015. Both men have pleaded not guilty. Forensic evidence presented during trial indicated that semen found on the complainant's underwear and inside a condom retrieved from the flat where the alleged assault occurred matched the defendant's DNA profile. When gardaí informed the accused of these findings and afforded him an opportunity to respond, he declined to comment. The prosecution concluded its case on Friday. The defence indicated it will not call witnesses. Closing arguments are scheduled for Monday, with jury deliberations expected to commence Tuesday following the judge's charge.
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.
At the Central Criminal Court, a 29-year-old man has denied allegations that he and a co-accused exchanged sexual activity with a woman during an incident in County Donegal in February 2015. Both men, non-nationals residing in the county, have pleaded not guilty to two counts of rape. The complainant alleges she was too intoxicated to consent. The younger defendant told gardaí he had no sexual contact with the woman, though he acknowledged another person made contact with him. He disputed the complainant's account that the two men "swapped over," characterising her statement as false. When presented with mobile phone video evidence showing the complainant in an intoxicated state within the flat, the accused questioned why the woman's companion did not seek police assistance or leave the premises. He maintained his innocence, stating he would not have driven them home had he committed wrongdoing. The trial continues before Judge Alex Owens and a jury.
A 29-year-old man accused of rape has had his trial at the Central Criminal Court hear evidence that semen matching his profile was discovered on the alleged victim's underwear. The accused, a non-national residing in Donegal, denies the charge alongside a 33-year-old co-accused. Both men have pleaded not guilty to two counts of rape alleged to have occurred in a Donegal town in February 2015. Forensic scientist Dr David Casey testified that the probability of the semen originating from another individual was less than one in 1,000 million. The complainant has alleged she was too intoxicated to consent to sexual activity. The accused told gardaí following arrest that he did not engage in any sexual contact with the woman, and that his semen would not be present at the location. His account to gardaí described consensual activity with the woman's companion rather than the complainant herself. The trial before Judge Alex Owens continues.
A 33-year-old non-national man and a 29-year-old co-accused, both resident in Donegal, have pleaded not guilty to two counts of rape following an alleged incident in February 2015. The case is being heard before the Central Criminal Court with a jury and Judge Alex Owens. Defence counsel for the older accused contended that gardaí never offered him an interpreter, despite his non-English-speaking background. A garda witness who supervised custody said he would have provided an interpreter had he observed any comprehension difficulties, and stated the defendant never indicated he required one. The officer noted neither the accused nor his solicitor raised concerns during interviews exceeding two hours in duration. Counsel highlighted that gardaí questioned the defendant about the legal definition of rape towards the end of one interview, suggesting possible understanding issues. The garda witness maintained this reflected standard practice and that the defendant conversed adequately in English. The trial resumed on Wednesday before the jury.
A 33-year-old Donegal man accused of rape has denied allegations that gardaí presented video evidence showing him pouring alcohol into a woman's mouth at his apartment in February 2015. The defendant and a 29-year-old co-accused, both from the county, have pleaded not guilty to two counts of rape. During trial at the Central Criminal Court, gardaí played mobile phone footage to the jury allegedly depicting the accused assisting the complainant to drink and later lifting her off the floor while she staggered. The accused maintained during garda interviews that the woman consented to sexual activity and was not intoxicated at that time, though acknowledging she appeared unsteady in the recorded footage. Gardaí suggested to him that the complainant was too intoxicated to consent, which the accused denied. When questioned about the legal definition of rape, the accused stated it involved forcing someone, initially appearing uncertain whether intoxication prevented consent. The trial before Justice Alex Owens continues with jury evidence ongoing.
The trial of two men accused of raping a student in County Donegal has resumed at the Central Criminal Court following four days of legal argument. Both defendants, aged 29 and 33 and residing in Donegal, have pleaded not guilty to two counts of rape alleged to have occurred in a Donegal town in February 2015. Evidence heard today included testimony from gardaí regarding a search of premises where the alleged offences took place. A garda witness described attending the location with a search warrant and finding nobody present. Officers remained at the scene to preserve it. One of the defendants subsequently arrived and identified himself as a resident. He was arrested on suspicion of rape and cautioned, with interviews later recorded on DVD. The trial continues before Mr Justice Alex Owens and a jury.