A man convicted of murdering a fellow Polish national in Letterkenny, Co Donegal has had his appeal against conviction dismissed by the Court of Appeal. Krzystof Grzegorski was found guilty of murdering Bogdan Michalkiewicz at Westside Apartments on May 13, 2013, and received a mandatory life sentence in 2016. The victim sustained 46 wounds to the head and face, along with 17 stab wounds to the abdomen, a throat laceration, and injuries to his tongue which a pathologist said were unexplained in her 28-year career. Grzegorski appealed on grounds that the trial judge failed to adequately recharge the jury on intoxication and his account of events. Ms Justice Aileen Donnelly, delivering judgment, found the trial judge had properly instructed the jury on the burden of proof and the presumption of intent. The appeal was dismissed.
A 27-year-old man from Letterkenny, County Donegal, has had his suspended sentence for violent disorder doubled by the Court of Appeal. Johnny McDonagh was convicted in Castlebar Circuit Court following a trial relating to an incident at his grandfather's funeral in Ballyhaunis, County Mayo on 16 June 2016. The court heard he had been sentenced to three years suspended in February 2019, but the trial judge had been mistaken about the sentence imposed on a co-accused. The Court of Appeal found this error had resulted in a manifestly inadequate sentence. The court quashed the original three-year suspended sentence and imposed a new six-year sentence, suspended for five years. The president of the Court of Appeal remarked that McDonagh now has a substantial suspended sentence and must avoid further trouble.
A nurse has described a female student as appearing upset and in a state of shock following alleged rapes by two men in Co Donegal in February 2015. Giving evidence on day seven of the trial at the Central Criminal Court, the witness said she was approached by two extremely distressed young women who were crying. She noted the complainant spoke more than her companion, who remained very quiet and seemed in complete shock. The nurse observed the complainant appeared intoxicated and contacted gardaí, who arrived promptly. A second witness, a Sexual Assault Treatment Unit examiner, identified five areas of bruising in the genital region but stated under cross-examination that bruising cannot be aged to determine when it occurred. The two defendants, aged 29 and 33 and both resident in Donegal, have pleaded not guilty to two counts of rape. The trial continues with legal argument, with the jury to resume hearing evidence on Monday.
A trial at the Central Criminal Court has heard evidence concerning allegations of rape against two men from County Donegal in February 2015. The complainant, a college student at the time, has alleged she was raped by the defendants following a night out. Both men, now aged 29 and 33, have pleaded not guilty to two counts of rape. During the trial, a friend of the complainant gave evidence describing events in an apartment after the group accepted a lift from the defendants. The witness told the jury she recalled the complainant making certain utterances during sexual activity and described her own experience of unwanted physical contact from one of the men. The complainant previously testified she was too intoxicated to consent. Defence counsel questioned the complainant's account of her level of intoxication, citing her detailed recollection of her route home and suggesting inconsistencies in her statements to gardaí regarding her awareness of events. Garda witnesses also gave evidence during the proceedings.
A woman has given evidence at the Central Criminal Court in a rape trial concerning an incident in County Donegal in February 2015. The complainant told the jury she was severely intoxicated when she alleges two men had sexual intercourse with her without her consent. She described drinking multiple alcoholic beverages during a student night at a local pub and nightclub before being driven to an apartment she did not recognise. The woman stated she was so intoxicated she could barely walk and explicitly told the court she did not consent to any sexual contact. Video evidence taken by her friend was presented to the jury. The two defendants, now aged 29 and 33 and resident in Donegal, have pleaded not guilty to two counts of rape. The defence maintains any sexual activity was consensual. The trial before Mr Justice Alex Owens continues with the jury.
Two Dublin men sought by Northern Irish authorities for the alleged attempted murder of a PSNI officer and possession of explosives with intent to endanger life have brought legal challenges regarding access to detention records. Ciaran Maguire, aged 29, and Sean Paul Farrell, aged 32, were arrested in County Donegal in 2015 in connection with an improvised explosive device discovered beneath a police officer's vehicle in County Derry on June 18, 2015. Both face potential life imprisonment if convicted. Their legal representatives sought judicial review at the Court of Appeal in Dublin, challenging the High Court's earlier refusal to grant access to custody records, statements, and samples obtained during their detention at Letterkenny Garda Station. Counsel argued their clients required such material to resist extradition proceedings. The Court of Appeal, presided over by Mr Justice George Birmingham, reserved judgment on the matter.
Gardaí in Buncrana, Co Donegal have been unable to locate a financial advisor accused of misappropriating investor funds, the High Court heard on Tuesday. James Doherty, who traded as Demvera Capital Partners, faces contempt allegations following his failure to comply with court orders to return €159,000 advanced by Jamie Murphy for investment purposes in 2017. Ms Justice Leonie Reynolds previously froze Mr Doherty's assets and those of two related companies. The court was told that gardaí have conducted extensive searches at multiple addresses linked to Mr Doherty but found no trace of him. Enquiries established he is not in receipt of social welfare and has had no recent contact with family or acquaintances. Gardaí are aware he may be driving a grey BMW 518 Saloon with a 141 Donegal registration. The judge adjourned proceedings until such time as Mr Doherty can be located and brought before the court to answer the contempt allegation.
A High Court judge has requested an update from An Garda Síochána regarding efforts to locate a financial advisor accused of misappropriating investor funds and breaching court orders. Ms Justice Leonie Reynolds made the request on Friday concerning James Doherty, believed to be in the United Kingdom but thought to return to Ireland intermittently. The court has previously issued orders freezing Mr Doherty's assets and those of two related companies over an alleged failure to return €159,000 advanced as an investment. Judgement for that sum was granted in favour of Jamie Murphy, who claims Mr Doherty, trading as Demvera Capital Partners, used the money for personal purposes rather than the intended investment in a care company. Mr Doherty has not attended court proceedings nor complied with orders to disclose his assets. A related company is registered at Burnfoot Business Park in County Donegal. The case was adjourned for two weeks, with the judge indicating gardaí may provide their update either in person or by sworn statement.
A man convicted of indecently assaulting a young teenager in 1980 has had his appeal dismissed by the Court of Appeal. Patrick Patton, aged 65, of Cashelard, Ballyshannon, County Donegal, was sentenced to fourteen months imprisonment in April 2019 following a trial at Donegal Circuit Criminal Court. A jury returned a ten-to-two majority guilty verdict on one count of indecent assault against a fourteen-year-old girl, while unanimously acquitting him on two further counts involving another young female. Patton's legal team argued the jury had been pressured into their guilty verdict due to adverse weather conditions and the late Friday timing of deliberations. They contended the jury, observed returning with coats on, had been influenced by the judge's instruction to persevere on the disputed count. President of the Court of Appeal Mr Justice George Birmingham found little merit in these submissions, noting either party could have raised concerns about the timing or sought adjournment. The court upheld the conviction, finding the judge's instructions fair and the procedure appropriate. Patrick Patton pleaded not guilty.
John Downey has lost a Court of Appeal challenge seeking to prevent his extradition to Northern Ireland in connection with the 1972 Enniskillen bombing. The 67-year-old, arrested in November 2018 at his home in Creeslough, Co Donegal, faces charges relating to the deaths of two British Army soldiers, Lance Corporal Alfred Johnston and Private James Eames, who were killed on 25 August 1972 when an explosive device detonated near Enniskillen. The High Court in Dublin ordered his extradition in March. The Court of Appeal upheld that decision today, with Mr Justice Michael Peart ruling that challenges based on an alleged "comfort letter" issued by the UK Government should be determined by Northern Irish courts rather than in extradition proceedings. Mr Downey's legal representatives indicated they intend to appeal to the Supreme Court. He remains on bail pending that application.
Two men have been jailed for six years at Dublin Circuit Criminal Court following their admission of involvement in transporting cocaine valued at €350,000. Arvydas Steponkus, aged 45, of Clondalkin, Dublin and Thomas O'Boyle, aged 33, of Sligo pleaded guilty to possession of the drugs for sale or supply on Cruiserath Road, Blanchardstown on 24 February 2018. Steponkus handed over €280,000 worth of cocaine to O'Boyle, with a further €70,000 discovered in a hidden compartment of the Ford Mondeo Steponkus was operating. Gardaí intervened following surveillance after a tip-off revealed the exchange. Judge Martin Nolan noted both men transported the drugs for payment and were aware of their involvement, acknowledging their co-operation and useful admissions to investigating gardaí. O'Boyle has 29 previous convictions including a 2008 drug offence, whilst Steponkus has no prior convictions.
A man convicted of indecently assaulting a fourteen-year-old babysitter in Ballyshannon in 1980 has appealed his conviction at the Court of Appeal, claiming the jury was pressurised into returning a guilty verdict. Patrick Patton, aged 65, of Cashelard, Ballyshannon, pleaded not guilty to three counts of indecent assault. A jury at Donegal Circuit Criminal Court unanimously acquitted him on two counts but returned a ten-two majority guilty verdict on the first count following a four-day trial. He was sentenced to fourteen months imprisonment in April 2019. His barrister argued the jury was pressurised to continue deliberating on a Friday evening when severe weather warnings were in place and despite jurors appearing ready to leave. The trial judge had instructed them to persevere on the disputed count after they had already acquitted on the other charges. The Director of Public Prosecutions' counsel contended the jury had not expressed concern and the weather argument remained speculative. Judgement has been reserved.
John Downey, aged 67, has appealed his extradition to Northern Ireland to face charges relating to the August 1972 bombing in Enniskillen, County Fermanagh, in which two British Army soldiers were killed. The High Court in Dublin ordered his extradition in March following his arrest in Creeslough, County Donegal, on a European Arrest Warrant. Northern Irish authorities seek to prosecute him for the murders of Lance Corporal Alfred Johnston and Private James Eames, who died when an explosive device detonated near a vehicle they were inspecting on the Irvinestown Road. Mr Downey's legal representatives argued before the Court of Appeal that a letter of assurance issued by the UK government constituted a decision not to prosecute him and created a legitimate expectation he would not face proceedings. The Attorney General's counsel contended the letter merely stated no active investigations existed at that time and did not amount to immunity from prosecution. The Court of Appeal reserved judgement on the appeal.
The High Court heard a judicial review challenge brought by the Donegal-based Lough Swilly Wild Oyster Society Ltd (LSWOS) regarding aquaculture licences for Pacific oysters in Lough Swilly. LSWOS, representing native oyster fishermen, claims the licences granted to Alan O'Sullivan and the Lough Swilly Shellfish Growers Co-Operative Society Ltd lack proper controls, resulting in an "environmental disaster" where untended foreign oysters have eroded native fishing grounds. The applicants argue the Minister for Agriculture, Food and Marine's decision, upheld by the Aquaculture Licence Appeals Board, is flawed due to procedural unfairness, including the refusal of an oral hearing and reliance on outdated data contrary to the EU Habitats Directive. LSWOS seeks orders quashing the Minister's and Appeals Board's decisions, a declaration of breach of natural justice, damages, and a stay on the licences. The matter was made returnable to a date in July following permission to bring the challenge granted on an ex-parte basis by Mr Justice Seamus Noonan.
Elizabeth Crumlish, a 66-year-old member of the Irish Travelling Community, has brought High Court judicial review proceedings against Donegal County Council. Ms Crumlish challenges the Council's decision to suspend her from its housing allocation list for one year. The Council alleges she refused two reasonable offers of accommodation, a provision under its 2011 Housing Allocation Scheme. Ms Crumlish, represented by Nora Ni Loinsigh BL and instructed by FLAC, contends the offers were unreasonable as they consisted of single-bedroomed houses in Letterkenny, far from the Bridgend or Burnfoot areas where she sought Traveller Specific Accommodation on a halting site. She seeks an order quashing the suspension, along with declarations that the decision was made without lawful authority, resulted from unlawful fettering of statutory discretion, was irrational, and failed to vindicate her constitutional and European Convention on Human Rights. Mr Justice Seamus Noonan granted permission to bring the challenge on an ex-parte basis. The matter was adjourned and made returnable to a date in July.
A former school principal from Ballybofey, County Donegal, has been sent to prison following a Court of Appeal ruling that his original suspended sentence was unduly lenient. Finbarr Boyle, aged 39, pleaded guilty to five counts of theft and two counts of forgery relating to his time as principal at Kilnaleck National School in County Cavan between 2007 and 2012. He had originally received a wholly suspended two-year sentence in March 2018 on condition he repay €25,000. The Court of Appeal, on application by the Director of Public Prosecutions, found this sentence insufficient given the seriousness of the offending. Boyle misappropriated approximately €204,000 through various means, including unauthorised use of the school's visa card for personal expenses, improper cheque drawings, and fraudulent claims submitted to the Department of Social Protection. The Court of Appeal resentenced him to 15 months imprisonment, with immediate custody ordered.
Maurice Lafferty, 50, of Corcullen, Castlefin, Donegal, was sentenced at the Central Criminal Court after pleading guilty to raping his daughter, Annie Lafferty, at their home between November 1, 2010, and June 30, 2011. The court heard that Lafferty, a father of six, committed the offences while his wife was away from the home four nights a week. Prosecution evidence detailed that Lafferty coerced his then-seventeen-year-old daughter, pinning her down and threatening her with the removal of her younger siblings if she reported the abuse. He allegedly raped her weekly during this period. Mr Justice Alex Owens described Lafferty as a violent and controlling man, noting that his attacks were coercive and depraved. The judge rejected Lafferty's apology as insincere and noted a probation report indicating he blamed intoxication and his daughter for the crimes. Lafferty was assessed as a moderate risk of re-offending. He was sentenced to eleven years' imprisonment. Additionally, the court ordered that he stay away from any activity involving children upon his release. In mitigation, defence counsel Anne Rowland SC cited Lafferty's heavy drinking, chronic obstructive pulmonary disease, and financial difficulties regarding his home. The victim, now 25, waived her anonymity and stated that her father's actions left permanent scars.
The Central Criminal Court has scheduled a trial for June 10, 2020, in the case of Richard Burke, who faces a charge of murder in connection with the death of Jasmine McMonagle. Ms McMonagle, aged 28, was discovered deceased at her residence in Forest Park, Killygordon, County Donegal, on January 4. Burke, also aged 27 and from the same address, was brought before Sligo District Court on January 5 and charged with murder contrary to common law. At a hearing before Mr Justice Michael White in Dublin, the court was informed the trial is expected to extend over three weeks. Burke remains remanded in custody pending trial.
At the Central Criminal Court, defence counsel Bernard Condon SC characterised Mary Lowry's evidence as fundamentally unreliable during closing arguments in the trial of Patrick Quirke, accused of murdering Bobby Ryan, known as Mr Moonlight. Mr Quirke, aged 50, of Breanshamore, County Tipperary, has pleaded not guilty to the murder of Mr Ryan, a part-time DJ, who disappeared on 3 June 2011 from Ms Lowry's home near Bundoran, Donegal. His remains were discovered in an underground tank on farmland at Fawnagowan 22 months later. Mr Condon submitted that Ms Lowry had altered her account of events between her initial 2011 statement to gardaí and her later testimony, particularly regarding observations she made on the morning of Mr Ryan's disappearance. He contended that she had demonstrated a pattern of inconsistency about the Bundoran incident and other matters, describing her as manipulative. The defence case proceeded that evidence of the former relationship between Ms Lowry and Mr Quirke, whilst complex, did not constitute evidence of murder. The trial continues before Ms Justice Eileen Creedon.
A 43-year-old man from Donegal has been convicted of sexually abusing his sister during their childhood. The Central Criminal Court jury returned unanimous guilty verdicts on all charges following a trial in March, finding him guilty of four counts of anal rape, one of oral rape, and one of sexual assault at the family home between May 1991 and June 1993. Evidence presented included a secret audio recording in which the woman confronted her brother about the abuse during a family meeting. The man, who cannot be identified to protect the complainant's privacy, had pleaded not guilty to all charges. He has no previous convictions. During sentencing submissions, defence counsel noted his client's long employment history and community involvement, requesting leniency. Justice Tara Burns remanded him on continuing bail until May for sentencing, allowing him time to arrange his affairs.
A 67-year-old man from County Donegal has been granted a date to appeal his extradition to Northern Ireland over charges relating to a 1972 bombing in Enniskillen. John Downey was arrested in November 2018 at his home in Creeslough following a European Arrest Warrant. He faces charges of murdering two British Army soldiers, Lance Corporal Alfred Johnston and Private James Eames, who were killed when an explosive device detonated in a vehicle on the Irvinestown Road, Cherrymount, on 25 August 1972. The High Court in Dublin ordered his extradition in March 2019 despite objections based on delay and a "comfort letter" issued by the British government to alleged republican paramilitaries during the conflict. The Court of Appeal has scheduled a hearing for 27 May 2019. Mr Downey's legal team cited his health concerns and questioned whether evidence allegedly linking him to the bombing still exists.
The High Court has finalised the legal basis on which John Downey may appeal his extradition to Northern Ireland. Mr Justice Aileen Donnelly, the presiding extradition judge, rejected multiple objections to his surrender before granting leave to appeal on Wednesday. The judge determined that questions of exceptional public importance arise regarding assurances given by the UK Government to republican paramilitaries and whether these may have been used to gather evidence against them. Mr Downey, aged 67, was arrested in November 2018 at his home in Creeslough, County Donegal, following a European Arrest Warrant issued in relation to a 1972 car bombing in Enniskillen that killed two British soldiers. He had argued extradition would constitute abuse of process, citing a 2007 comfort letter from Northern Irish authorities. Ms Justice Donnelly rejected all objections and found the comfort letter did not constitute amnesty. Mr Downey remains on continuing bail pending the Court of Appeal hearing.
A High Court judge has granted leave to appeal in the case of a 67-year-old man arrested in Co Donegal and wanted by UK authorities in connection with the 1972 Enniskillen bombing. The man is accused of involvement in an incident on 25 August 1972 in which two British Army personnel were killed. The High Court previously ordered his extradition, but the judge has found the case raises questions of exceptional public importance regarding whether assurances given to republicans under the "on-the-run" scheme may have been used to gather evidence against them, potentially amounting to an abuse of process. The judge has referred the matter to a higher court for determination. The appellant remains on continuing bail and is required to appear before the Court of Appeal. The case raises significant issues concerning the operation of the controversial scheme introduced during earlier peace efforts.
A man arrested in County Donegal is to be extradited to Northern Ireland to face charges relating to a 1972 bombing in Enniskillen. The High Court has rejected John Downey's objections to extradition on multiple grounds, including claims of delay, alleged amnesty protections, and assertions that surrender would be oppressive. Two UDR soldiers, Lance Corporal Alfred Johnston and Private James Eames, were killed when an explosive device detonated in a vehicle on the Irvinestown Road in August 1972. Ms Justice Aileen Donnelly found the public interest in extradition extremely high despite the passage of time. Downey's legal team indicated they will seek leave to appeal the decision to the Court of Appeal. The ruling addresses numerous technical and procedural arguments raised in defence, including challenges to fingerprint evidence and concerns about deceased witnesses.
The High Court has granted a judgement of €159,000 against a financial advisor in relation to alleged misappropriation of investor funds. Ms Justice Leonie Reynolds made the order in favour of Mr Jamie Murphy, who alleges that Mr James Doherty, trading as Demvera Capital Partners, failed to return money advanced as an investment in 2017. Mr Murphy claims the funds were intended for investment in a care company but were used for personal purposes instead. Freezing orders against Mr Doherty and related entities, with addresses in Dublin and Burnfoot, Co Donegal, were secured in December. The judge also ruled that Mr Doherty, who is understood to be in the United Kingdom, be attached by An Garda Síochána and brought before the High Court to address allegations of contempt of court. Mr Doherty had not complied with court orders to provide asset details and did not attend proceedings or retain legal representation. He is to be brought back before the court within one week.
Garda Keith Harrison secured a High Court order to halt an internal Garda investigation into alleged breaches of discipline by him. The investigation had been initiated following comments made by the Disclosures Tribunal chairman, Mr Justice Peter Charleton, in an interim report. Harrison, who denied the alleged misconduct, argued that the tribunal's comments had no legal effect and could not be used by the Garda Commissioner to discipline him. His lawyers presented the case to Mr Justice Seamus Noonan, who agreed that the court could quash the decision to appoint an officer to investigate the alleged breaches. The court also considered a potential costs order in Harrison's favour. The tribunal had previously rejected Harrison's allegations and those of his partner Marissa Simms, stating they were "entirely without any validity." The High Court struck out the legal proceedings that had been brought to challenge the investigation.
A man accused of murdering a disc jockey known as Mr Moonlight knew of the existence of a tank where the victim's remains were discovered, the Central Criminal Court has heard. Patrick Quirke, aged 50, of Breanshamore in County Tipperary, has pleaded not guilty to the murder of Bobby Ryan, aged 52, between June 2011 and April 2013. Mr Ryan disappeared in June 2011 and his body was found in a run-off tank on a farm at Fawnagowan, Tipperary, in April 2013. Prosecution evidence suggests Mr Quirke killed Mr Ryan to resume a relationship with the deceased's girlfriend. Witness testimony established that Mr Quirke was familiar with the tank's location, built in the late 1970s on the farm. A neighbour recalled seeing an unusual silver van—matching the type driven by Mr Ryan—parked on a nearby laneway the morning he went missing. The trial before Justice Eileen Creedon and jury continues at the Central Criminal Court.
At the Central Criminal Court, the son of Bobby Ryan told how he encountered Mary Lowry at her farm on the morning his father vanished in June 2011. Robert Ryan Junior said Ms Lowry appeared visibly shaken and upset, and he sensed immediately that something was wrong. He noted her behaviour seemed designed to hurry him away from the property. Patrick Quirke, aged 50 from Breanshamore, County Tipperary, has pleaded not guilty to the murder of Mr Ryan between June 2011 and April 2013. Mr Ryan's body was discovered in a waste tank on a farm at Fawnagown that Ms Lowry owned and Mr Quirke leased. The deceased's daughter, Michelle Ryan, a DJ herself, described finding her father's Citroen van in Breansha Wood after he failed to appear for work. She noted the vehicle's condition suggested her father had not been the last person to drive it. The trial before Ms Justice Eileen Creedon continues before a jury.
A man arrested on a European Arrest Warrant faces extradition proceedings in the High Court over allegations connected to a 1972 bombing in Enniskillen, County Fermanagh. John Downey, aged 67, is wanted by Northern Irish authorities to stand trial for the murder of two British Army soldiers and aiding and abetting an explosion on 25 August 1972 on the Irvinestown Road. The device killed Lance Corporal Alfred Johnston and Private James Eames. Mr Downey was arrested at his home in Creeslough, County Donegal, in November. His counsel argued that extradition would be unfair, citing concerns about the integrity of evidence, the death of key prosecution witnesses, and a previous direction against prosecution issued in 1985. The defence also referenced controversies surrounding Mr Downey's involvement in an earlier case regarding the 1982 Hyde Park bombing. The Minister for Justice's counsel countered that fairness could be remedied through proper legal process. Justice Aileen Donnelly reserved judgment.
A 23-year-old man has been sentenced to three and a half years imprisonment, with the final twelve months suspended, following a high-speed car chase across Kildare and Dublin last May. Christopher Prentice, of Tallaght, pleaded guilty at Dublin Circuit Criminal Court to unlawfully using a stolen vehicle and three counts of dangerous driving. The court heard that gardaí observed Prentice driving a jeep reported stolen on the Naas Road and pursued him as he drove at speeds exceeding 180 kilometres per hour, broke red lights, crossed lanes, and forced oncoming traffic to swerve. The chase ended when Prentice lost control, mounted a kerb, and came to a stop on Raphoe Road. Judge Melanie Greally described it as miraculous that no injuries or damage occurred. Prentice was also disqualified from driving for five years. He has thirty-three previous convictions. The sentence was backdated to May.
A 66-year-old man arrested in County Donegal in November on a European Arrest Warrant has had his bail conditions relaxed by the High Court. John Downey is sought by Northern Irish authorities in connection with charges relating to the deaths of two soldiers in Enniskillen on August 25, 1972. The High Court judge, Ms Justice Aileen Donnelly, reduced his signing-on requirements from daily attendance at Letterkenny Garda Station to three times weekly, noting that bail conditions should not be punitive. The judge indicated a legal aid recommendation would be made at the conclusion of proceedings. Mr Downey's legal team has signalled they will contest his extradition, citing an immunity claim under European Arrest Warrant legislation and allegations of abuse of process. A full extradition hearing is scheduled for January 28, 2019.
The High Court has granted freezing orders against a financial advisor and two associated companies following allegations that approximately €159,000 advanced as an investment was misappropriated. Ms Justice Leonie Reynolds made the orders in favour of Mr Jamie Murphy, who claims Mr James Doherty, trading as Demvera Capital Partners, used funds transferred in 2017 for personal purposes rather than investing them in a disability care company as agreed. The injunctions, also made against Demvera Trust unlimited Company, prevent the defendants from reducing assets below €159,000, including sums held in bank accounts in Dublin and Donegal. The court heard that despite requests for return of the investment, Mr Doherty has provided only excuses and assurances without repaying the money. Mr Doherty's whereabouts are currently unknown, though believed to be in the United Kingdom. The matter will return to court in January.
A Dublin man has sought freezing orders from the High Court against a financial advisor and two associated companies over the alleged non-return of €159,000 advanced as an investment in 2017. Jamie Murphy claims that James Doherty, operating as Demvera Capital Partners with a registered address in Dublin 4, misappropriated funds intended for investment in a disability home-care firm. One of the defendant companies, Demvera Trust unlimited Company, is registered at Burnfoot Business Park in County Donegal. Murphy contends the money, drawn from a trust fund and personal savings, was never invested as agreed. Efforts to recover the funds have been unsuccessful, with arranged meetings cancelled by Doherty, who cited ill health. Murphy's private investigator has been unable to locate Doherty, believed to be in the UK. Doherty does not appear on any registered accountancy body roll in Ireland, Northern Ireland, or the UK. Ms Justice Leonie Reynolds granted permission on an ex-parte basis to serve short notice of proceedings. The matter will return to court later that week.
An apprentice electrician from Donaghmede has received a non-custodial sentence after pleading guilty to causing serious harm to a schoolmate at Dublin Circuit Criminal Court. Adam Clarke (20) punched the victim at a nightclub on Francis Street, Dublin 8, on 3 July 2016, in an incident motivated by jealousy. The assault left the injured party permanently deaf in one ear and hospitalised for five days with a complex head fracture. Judge Melanie Greally imposed 240 hours of community service in lieu of a three-year prison term and ordered Clarke to pay €10,000 compensation. The judge noted the victim's hearing loss has significantly impacted his academic progress, sporting ability, and career prospects. Clarke, who initially showed no remorse during garda interview, later visited the victim in hospital and expressed contrition. The court considered his youth, early guilty plea, lack of prior convictions, and a probation report indicating low re-offending risk when determining the sentence.
Otis Reynolds, 21, of Crumlin, pleaded guilty at Dublin Circuit Criminal Court to assaulting Andrew Cummins causing him harm at Raphoe Road, Crumlin, on March 9, 2017. The court heard that Cummins had punched Reynolds during a fight 15 months prior. On the day of the incident, Cummins approached Reynolds' Ford Focus to apologise. Garda John Griffin testified that Cummins was struck by the vehicle, thrown into the air, and landed heavily on his right side, resulting in numbness in his left leg and soreness in his back. Reynolds, who has 16 previous convictions for theft, drugs, and traffic offences, was on bail for another charge at the time. He claimed he panicked and did not intend to hit Cummins, though he later retracted a claim that Cummins was about to strike him. Judge Martina Baxter suspended a two-year prison term on the condition that Reynolds keep the peace for two years. She also ordered him to complete 200 hours of community service over that period. Reynolds had raised €1,000 from his wages for Cummins as an expression of remorse. Defence counsel highlighted Reynolds' young age, his admissions, and his current plumbing apprenticeship.
Two Dublin men wanted in Northern Ireland for the alleged attempted murder of a police officer have challenged their arrest and detention in Co Donegal through judicial review proceedings in the High Court. Ciaran Maguire, aged 29, and Sean Paul Farrell, aged 32, face charges of attempted murder and possession of explosives with intent to endanger life, offences carrying potential life sentences. A European Arrest Warrant relates to an improvised explosive device discovered beneath a serving PSNI officer's vehicle in Co Derry in June 2015. Their legal representatives sought disclosure of custody records, statements, and sample details from their detention at Letterkenny Garda Station in 2015, arguing such information was necessary to oppose their extradition. Counsel for the Minister for Justice contended the applications were speculative and that no duty existed to provide the requested material. Ms Justice Aileen Donnelly reserved judgment, adjourning proceedings to February 2019.
A High Court hearing into the extradition of John Downey (66) to face charges relating to the deaths of two UDR soldiers in Enniskillen on 25 August 1972 has been adjourned. Northern Irish authorities are seeking Mr Downey's surrender to stand trial for murder and aiding and abetting an explosion that killed Lance Corporal Alfred Johnston and Private James Eames on the Irvinestown Road, Cherrymount. Mr Downey, arrested at his home in Creeslough, County Donegal, was remanded on bail. Justice Aileen Donnelly adjourned the matter to 28 January 2019 after Mr Downey's legal representatives applied to seek disclosure of UK state documents. His counsel indicated that material considered during proceedings in London relating to the 1972 events had been held by his solicitor under restrictive conditions and remains relevant to his objections to extradition, which are being filed under the European Arrest Warrant Act.
At the Central Criminal Court, a pathologist has given evidence that a musician found dead in his Sligo home was severely intoxicated at the time of his death. Deputy State Pathologist Dr Michael Curtis told the trial of Keith Brady, aged 31 from Carton Estate in Sligo, that the deceased sustained two stab wounds to the neck. One wound severed the carotid artery and would have proved fatal within minutes. Dr Curtis stated the deceased had consumed alcohol at more than eight times the legal driving limit, rendering him likely incapacitated and unable to defend himself. The pathologist noted no defensive injuries were present. Mr Brady has pleaded not guilty to murder but guilty to manslaughter concerning events at a residence on Holborn Street in Sligo between August 2 and 3, 2015. The trial, before Justice Carmel Stewart and jury, continues at the Central Criminal Court.
Garda Keith Harrison has launched a High Court challenge seeking to quash findings made against him in reports from the Disclosures Tribunal. The Donegal-based officer alleges a prior professional involvement between tribunal chair Mr Justice Peter Charleton and witness Chief Superintendent Terry McGinn, stemming from the Morris Tribunal (2002-05). Harrison's solicitors argue this relationship breaches natural and constitutional justice and Article 6 of the European Convention on Human Rights. They seek orders to quash findings in the second and third interim reports, prohibit further publication of those sections, and preclude the judge from dealing with other matters relating to Harrison. The tribunal previously rejected Harrison's request to set aside the reports, describing the steps as "absurd and repugnant." In the interim reports, Mr Justice Charleton found that allegations examined by the tribunal, including those made by Harrison and his partner Marissa Simms, were "entirely without any validity." Harrison had alleged he was the victim of a five-year intimidation campaign following a 2009 arrest of a fellow officer for drink driving in Athlone, and that Simms was compelled to make a statement against him, leading to a Tusla referral. Permission to bring the action was granted on an ex-parte basis by Mr Justice Seamus Noonan, who found arguable grounds had been raised. The matter was adjourned and will return before the courts in two weeks.
A 66-year-old man from Donegal has been granted bail by the High Court pending an extradition hearing to face charges in Northern Ireland. The man was arrested at his home in Creeslough on a European Arrest Warrant relating to the deaths of two UDR soldiers killed in an explosion in Enniskillen in 1972, and charges connected to the 1982 Hyde Park bombing in London. He was released on bail comprising his own bond of €5,000 and an independent surety of €30,000. The High Court judge found bail appropriate despite serious allegations, noting residential ties and family connections reduced flight risk. Bail conditions require him to sign on daily at Letterkenny Garda Station, reside at his registered address, maintain contact with gardaí, and remain within the State. His defence counsel has indicated objections to extradition will be raised, including arguments regarding immunity under the Good Friday Agreement and abuse of process. A full extradition hearing is scheduled for 23 November.
John Downey, 66, appeared before the High Court on an extradition warrant issued by Northern Irish authorities. He is accused of involvement in the 1972 Enniskillen bombing that killed two UDR soldiers, Lance Corporal Alfred Johnston and Private James Eames. Downey was arrested at his home in Co Donegal on Monday under a European Arrest Warrant. His counsel, Garnet Orange SC, stated that Downey would contest the surrender application and expressed anxiety regarding bail, citing medical conditions including a recent pacemaker implantation. The State's counsel, Ronan Kennedy BL, indicated the State did not consent to bail but did not object to an early application. Justice Aileen Donnelly verified Downey's identity and fixed November 23 for the full hearing of the extradition case. She remanded Downey in custody until that date and scheduled a bail application hearing for November 8. The matter was adjourned to these future dates. Downey's previous trial for the 1982 Hyde Park bombing collapsed in 2014. He is the first individual charged under the "on-the-run" scheme since it was criticized for distorting justice. Several Sinn Féin TDs attended the brief hearing.
A Dublin business owner has been ordered to complete 240 hours of community service for using fraudulent documents to secure a €71,000 mortgage. Kevin Molloy, aged 49, pleaded guilty at Dublin Circuit Criminal Court to three offences under the Theft and Fraud Offences Act committed between December 2014 and August 2016. The Donegal native, now resident in Celbridge, Co Kildare, had submitted false salary certificates, altered tax documents, and fabricated wage slips to Ulster Bank during his mortgage application in 2016. Judge Melanie Greally imposed the community service order, to be completed within twelve months, in lieu of an eighteen-month prison sentence. The judge noted the bank sustained no financial loss, that Molloy had cooperated with gardaí, and that he maintained mortgage repayments. The offences were discovered following a Bank of Ireland report to gardaí in July 2016.
The High Court has adjourned an application by the Revenue Commissioners to wind up Limerick FC, a League of Ireland Premier Division club. The Collector General has petitioned to have Munster Football Club Ltd, trading as Limerick FC, wound up following an alleged failure to pay a tax demand issued in mid-September for outstanding PAYE and PRSI contributions. The company's registered address is listed at Kirby O'Sullivan Sports, Social & Business Park, Bruff, County Limerick. During a brief mention before Mr Justice David Keane, counsel for the Collector General informed the court that both parties had agreed to adjourn the petition for three weeks. The court will revisit the matter once Limerick FC's senior men's team completes their remaining fixtures, including a promotion and relegation play-off against Donegal side Finn Harps.
Garda Keith Harrison, who appeared before the Disclosures Tribunal, has filed a High Court case to halt an internal Garda investigation into alleged breaches of discipline. Harrison, who denies any misconduct, argues that the tribunal's interim report, which criticised him, has no legal effect and should not be used by the Garda Commissioner to discipline him. The investigation was ordered by a Garda Superintendent after the tribunal found Harrison's and his partner Marissa Simms' allegations—about coercion to testify and a five‑year intimidation campaign—to be "entirely without any validity." Harrison's lawyers claim the Commissioner is acting unlawfully, outside his jurisdiction, and in breach of the 2014 Protective Disclosures Act by relying on the tribunal's findings. The High Court granted permission for the action on an ex‑parte basis, with the case to be heard later this month.
Adam Clarke, 20, pleaded guilty at Dublin Circuit Criminal Court to causing serious harm to Ownie O'Connell at the Tivoli Theatre, Francis Street, Dublin 8, on July 3, 2016. The prosecution alleged that Clarke, an apprentice electrician, punched the victim in a fit of jealousy after seeing him kiss a mutual acquaintance. Mr O'Connell was knocked unconscious, suffered a scalp cut, and was left permanently deaf in his left ear with tinnitus. He was hospitalized for five days. Clarke, of Donaghmede, has no previous convictions. During his Garda interview, he reportedly showed no remorse, stating he had no regrets because it was a great night. However, he later visited the victim in hospital, accepting he had delivered an unprovoked assault and expressing that he was sorry and jealous. In a victim impact statement, Mr O'Connell detailed how the impairment affected his education, social life, and ability to play football. Defense counsel Dominic McGinn SC submitted that Clarke's initial attitude did not reflect his character, citing testimonials describing him as placid and remorseful. He noted Clarke had €2,000 in court as a concrete indication of genuine remorse and argued against custody. Judge Melanie Greally adjourned the case to November 2 next and remanded Clarke on continuing bail.
A Dublin man has been sentenced to three and a half years imprisonment after pleading guilty to dangerous driving causing serious harm to a teenage pedestrian from Donegal. At Dublin Circuit Criminal Court, the court heard that John Maguire, aged 38, struck a young man with his van on Memorial Road, Dublin on 18 March 2017, despite medical advice to refrain from driving for twelve months following an epileptic seizure two months prior. The victim, who had travelled from Letterkenny to attend an event in the city, was crossing at a green pedestrian light when struck. He sustained serious injuries including skull fractures and brain damage, leaving him dependent on family care for the remainder of his life. Maguire pleaded guilty to driving whilst suffering from a condition rendering him a danger to the public. Judge Martin Nolan imposed the sentence whilst acknowledging Maguire's early guilty plea and remorse, but found he bore serious moral culpability for ignoring a known risk. A six-year driving disqualification was also imposed.
A 19-year-old man from Ramelton, County Donegal, has been sentenced to five years imprisonment with the final three years suspended at the Central Criminal Court. Bailey Laughlin pleaded guilty to orally raping a 16-year-old woman at Fanad on 1 May 2016. The victim, who waived her right to anonymity, had followed Laughlin outside a party to ensure his welfare after observing him in a distressed and heavily intoxicated state. Mr Justice Michael White imposed strict conditions on the suspended portion, including probation supervision, alcohol abstinence, and engagement with sex offender management services. The judge acknowledged both aggravating factors, including the serious nature of the offence and its impact on the victim, and mitigating factors, including Laughlin's age at the time and difficult upbringing. He noted particular societal concerns regarding youth alcohol consumption and exposure to violent pornography.
A teenager from Donegal has been found not guilty of raping and sexually assaulting a schoolmate following an incident in the early hours of March 18, 2016, in a county town. The accused, who was 16 at the time, had denied one count of rape and one of oral rape. The Central Criminal Court jury returned a unanimous not guilty verdict after approximately two hours of deliberation on the twelfth day of trial. The complainant, then also aged 16, maintained she had not consented to sexual activity that occurred behind a building following St Patrick's night celebrations. The defence argued inconsistencies in her account and emphasised the absence of verbal or physical indication of non-consent. The prosecution contended that injuries sustained were inconsistent with willing participation. Justice Deirdre Murphy directed the jury to consider whether trauma affects memory consistency. The accused left the courtroom immediately following the acquittal.
A jury at the Central Criminal Court is set to begin deliberations tomorrow in the trial of a 19-year-old from Donegal charged with raping and orally raping a schoolmate. The alleged offences occurred in the early hours of March 18th, 2016, in a Donegal town, when the complainant was 16 years old. The accused has pleaded not guilty to both counts. Justice Deirdre Murphy concluded her charge to the jury today, directing members on the burden of proof and instructing them to assess the reliability of witness testimony. The judge advised jurors to consider whether memory inconsistencies might be expected in accounts of traumatic events. During closing arguments, the prosecution contended that injuries sustained by the complainant were consistent with forced sexual assault, whilst the defence submitted that significant gaps existed in the complainant's recollection of events that night.
A trial at the Central Criminal Court concerning a Donegal teenager charged with rape has entered its closing phase. The accused, aged 19, has pleaded not guilty to one count of rape and one count of oral rape of a schoolgirl, then 16, alleged to have occurred outside a building in a County Donegal town in March 2016. The prosecution outlined that injuries sustained by the complainant were consistent with forced sexual contact rather than consensual activity. The defence highlighted gaps in the complainant's recollection of events and referenced CCTV footage showing both teenagers together after the alleged incident, suggesting this undermined the complainant's credibility. A garda report noted the complainant did not appear visibly distressed in the recording. The case is being heard before Ms Justice Deirdre Murphy and a jury of eleven members.