A jury at the Central Criminal Court has heard closing arguments in the trial of a nineteen-year-old accused of raping and orally raping a sixteen-year-old girl in Co Donegal in March 2016. The prosecution submitted that injuries sustained by the complainant to her head and genital area were consistent with a violent and forced sexual encounter, contrary to the accused's account. Counsel for the prosecution stated the complainant had remained consistent in her assertion that she had not consented to either act in the alleyway incident. The defence challenged the reliability of the complainant's recollection, noting gaps in her memory and questioning her account given the alcohol she had consumed that night. Defence counsel also referenced CCTV footage showing the teenagers together after the alleged incident and submitted that the complainant's DNA on a condom wrapper supported evidence of digital penetration. The accused denies both charges. The trial before Ms Justice Deirdre Murphy and a jury continues.
A 19-year-old man has told the Central Criminal Court that a girl gave no verbal or physical indication she did not consent to sexual activity during an alleged incident in Co Donegal in March 2016, when both were aged 16. The accused, who denies one count of rape and one of oral rape, testified on the eighth day of his trial that he and the girl were "flirting" and "in good form" when they went behind a building. He claimed she agreed to sexual contact and that the atmosphere between them afterwards was "romantic". Under cross-examination, he rejected suggestions that the girl had repeatedly told him to stop or that he had used force. He could not explain multiple bruises and abrasions documented by a forensic nurse on the girl's body three days later. The trial continues before Justice Deirdre Murphy and a jury.
A garda investigator has told the Central Criminal Court that he identified an inconsistency between CCTV footage and a complainant's account in an alleged rape case. Lead investigator Garda Paul Leape defended his decision not to show the teenage complainant the footage, stating it was not an investigator's role to afford witnesses a second opportunity to explain discrepancies in evidence. The accused, aged 19, has pleaded not guilty to two counts of rape against a then 16-year-old girl in a Donegal town on 18 March 2016. On day seven of the trial before Ms Justice Deirdre Murphy and jury, Gda Leape confirmed that his report to the Director of Public Prosecutions noted the CCTV showed the girl and accused returning hand in hand and kissing, with her appearing not visibly upset. Under cross-examination, the garda acknowledged the footage did not necessarily support the complainant's account but clarified that outer appearances on video do not reflect internal emotional states. The trial continues tomorrow.
A garda leading the investigation into an alleged rape in County Donegal was cross-examined at the Central Criminal Court regarding the handling of evidence in the case. A 19-year-old man has pleaded not guilty to charges of rape and oral rape alleged to have occurred in March 2016. During cross-examination on day seven of the trial, defence counsel questioned Garda Paul Leape about discrepancies in the alleged victim's accounts, including conflicting details about a phone call made during the incident. The garda defended the investigative approach, stating that minor inconsistencies were natural given the traumatic circumstances and that gathering evidence was the responsibility of gardaí rather than cross-examining witnesses. Counsel also raised questions about CCTV footage showing the complainant and accused together after the alleged offences. The trial before Ms Justice Deirdre Murphy continues with a jury of eight men and four women.
A trial at the Central Criminal Court heard evidence yesterday concerning allegations against a 19-year-old youth charged with rape in County Donegal. The accused denies raping and orally raping a 16-year-old girl behind a building in the early hours of March 18, 2016. A witness who saw the complainant shortly after the alleged offences testified that although the girl had consumed alcohol, she remained responsive and coherent, though visibly distressed with visible injuries. The court heard testimony from another witness describing panic-stricken phone calls in which the complainant sought help. A medical examination two days later revealed multiple bruising and abrasions across the girl's body. Forensic evidence indicated the complainant's blood on the accused's clothing and her DNA on a recovered condom. The trial before Ms Justice Deirdre Murphy continues.
A jury at the Central Criminal Court has viewed CCTV footage from Donegal Town showing a teenager accused of rape before and after the alleged offences on St Patrick's Day 2016. The accused, now 19, denies the charges relating to a 16-year-old girl. During cross-examination, defence counsel Michael O'Higgins SC highlighted footage showing the pair walking together with their arms around each other beforehand, and later holding hands and kissing. He submitted their apparent comfort suggested consent. The complainant, now 18, testified she was in a state of shock and could not explain her actions afterwards. She acknowledged consuming significant alcohol that evening. The trial also heard evidence regarding an earlier incident at a house party and an inconsistency in her account to gardaí about a second vehicle at the scene. The complainant expressed difficulty recalling and articulating certain details. The trial before Ms Justice Deirdre Murphy continues.
An 18-year-old woman testified at the Central Criminal Court regarding allegations that she was raped in Donegal Town on March 18, 2016, following St Patrick's Day celebrations. The woman, who was 16 at the time of the alleged incident, described the assault occurring in a passage-way behind a building in the town. During cross-examination on the third day of trial, she became distressed while recounting details of the alleged offence. She stated that she had attempted to mentally distance herself from the experience. The accused, aged 19, has pleaded not guilty to one count of rape and one count of oral rape. The defence counsel questioned aspects of her recollection, including her consumption of approximately five vodkas, two cocktails, and a shot of sambuca consumed over two and a half hours. The woman confirmed she had reported the allegations to a family member three days after the incident. The trial before Ms Justice Deirdre Murphy and a jury continues.
A Dublin businessman has admitted to submitting fraudulent documents to obtain a €71,000 mortgage from Ulster Bank in April 2016. Kevin Molloy, aged 49, of Dublin Road, Celbridge, County Kildare, pleaded guilty at Dublin Circuit Criminal Court to three offences under the Theft and Fraud Acts committed between December 2014 and August 2016. The owner of a debt recovery business had initially applied to Bank of Ireland in late 2014, but that application was declined after officials questioned the authenticity of his documentation. When Molloy subsequently approached Ulster Bank, he provided altered bank statements, a falsified P60 tax document, and wage slips from companies in liquidation. The offences came to light in July 2016 following a Bank of Ireland report to gardaí. Molloy continues to reside in the property with his family and maintains mortgage repayments. Ulster Bank has not pursued charges. Judge Melanie Greally adjourned sentencing to October 2018 and ordered a community service assessment. Molloy was remanded on continuing bail.
A trial at the Central Criminal Court concerning charges of rape and sexual assault allegedly committed in County Donegal in March 2016 has entered legal argument, with jury proceedings temporarily suspended. The accused, now aged 19, denies one count of rape and one of sexual assault involving a 16-year-old girl. The alleged incident occurred following St Patrick's Day celebrations in a Donegal town after the pair met at a takeaway. During evidence, the complainant described consuming several alcoholic drinks that evening and stated the accused suggested a walk, after which the alleged offences took place behind a nearby building. The court heard testimony regarding text messages the girl sent to a friend during the incident. The trial before Justice Deirdre Murphy is expected to resume with jury evidence tomorrow afternoon.
A trial began at the Central Criminal Court on charges arising from an alleged rape in County Donegal in March 2016. The complainant, now aged 18, gave evidence that she was assaulted by a schoolmate she had met in a town centre takeaway after St Patrick's Day celebrations when she was 16. She described being persuaded into a secluded area where she said she was sexually assaulted and subsequently raped despite repeated refusals. The court heard text messages she sent to a friend immediately after the alleged incident, including "help help please" and reports of blood on her person. The accused man, aged 19, has pleaded not guilty to one count of rape and one count of sexual assault. Justice Deirdre Murphy cautioned jurors against conducting independent online searches or discussing the case publicly. The trial is expected to continue until mid-week.
A trial has begun at the Central Criminal Court concerning allegations of rape and sexual assault following an incident in Co Donegal on St Patrick's Day 2016. The accused teenager, now aged 19, has denied one charge of rape and one of sexual assault against a 16-year-old girl. The court heard the pair met at a takeaway premises in a Co Donegal town after the complainant had socialised with friends earlier that evening. According to the prosecution opening, the alleged assault occurred behind a nearby building. The State's case will rely on CCTV footage, forensic evidence including DNA recovered from clothing and a condom, and testimony from the complainant and witnesses. The jury was cautioned against conducting independent online research or discussing the case on social media. The trial is expected to conclude mid-week.
A 27-year-old Dublin man has been sentenced to 16 months in prison for violent disorder at a public house in Finglas. Dean Thomas of Glenties Drive pleaded guilty to his role in the incident at the Cardiff Inn, Cardiffsbridge Road, on 19 October 2017. Dublin Circuit Criminal Court heard that Thomas kicked, punched and stomped on a man during an altercation between two groups, after the injured party arrived with associates and approached Thomas's group with a baseball bat. Judge Martin Nolan noted that while Thomas's group had acted in self-defence initially, the encounter subsequently escalated to vengeance. The court heard character references describing Thomas as a talented footballer and popular with pub staff and customers, and noted his expression of remorse. Thomas has 11 previous convictions for minor offences. Other participants in the violent disorder received sentences ranging from nine months to two and a half years.
A 78-year-old man has been sentenced to four years imprisonment at the Central Criminal Court following his guilty plea to five sample charges of rape. The offences occurred between 1973 and 1974 at a family home in County Mayo, perpetrated against his daughter when she was between nine and twelve years old. The woman, now 54, reported the abuse to gardaí in 2015 after decades of silence. In her victim impact statement, she described how the repeated assaults had damaged her relationships and caused lasting trauma. Mr Justice Patrick McCarthy imposed the sentence, noting it was substantially reduced from what would otherwise have been imposed due to the accused's advanced age and poor health. The judge acknowledged the depravity inherent in such offences whilst balancing mitigating factors including the man's immediate admission and remorse upon arrest. The sentence was backdated to May when he entered custody.
At the Charleton tribunal, Labour leader Brendan Howlin testified that he felt obliged to place information received from journalist Alison O'Reilly on the Dáil record in February 2017. Mr Howlin said Ms O'Reilly had relayed allegations of sexual abuse against Sergeant Maurice McCabe, which she claimed colleague Debbie McCann attributed to senior garda figures. He stated he made clear his uncertainty regarding the veracity of these allegations, which the tribunal would investigate. Ms O'Reilly gave evidence describing her conversations with Ms McCann about the matter and her subsequent contacts with Sgt McCabe and former garda John Wilson, both of whom denied the allegations. She expressed belief that Ms McCann was being used to disseminate information. The tribunal is examining claims of a coordinated campaign against the whistleblower garda. Ms McCann has denied the conversations described by Ms O'Reilly.
A 78-year-old man from County Mayo has pleaded guilty at the Central Criminal Court to five sample charges of rape committed against his daughter between 1973 and 1974. The man, whose identity is protected, admitted to the offences at the family home while the child's mother was at work. The now 54-year-old woman provided a victim impact statement describing the lasting harm caused by the abuse sustained from age nine to twelve. Justice Patrick McCarthy remanded the defendant in custody and adjourned sentencing to 18 June. The woman, who first reported the matter to gardaí in 2015, detailed how the abuse had affected her family relationships and trust. The defence counsel acknowledged the man's guilty plea, expressed remorse, and referenced significant health difficulties and social isolation. The prosecution indicated the abuse occurred regularly throughout a three-year period during the 1970s.
The High Court has authorised proceedings for an additional sexual assault charge against a 78-year-old retired teacher currently in UK custody. The man, a UK citizen with a Donegal address, was extradited to the United Kingdom in July 2017 to face historical sexual assault charges and remains imprisoned awaiting trial. The High Court heard that he is now alleged to have sexually assaulted an underage student at a UK primary school between 1978 and 1980. As this charge was not included in the original European Arrest Warrant, UK authorities required High Court consent to proceed. Ms Justice Aileen Donnelly granted approval for the prosecution on the new matter today.
A man in his sixties, convicted of sexually assaulting and raping his grand-niece on multiple occasions between 1992 and 1994 at locations in counties Donegal and Dublin, has failed in his appeal against conviction at the Court of Appeal. The appellant, whose identity is protected to safeguard the victim's privacy, was sentenced to seven years imprisonment in May 2017 following his trial at the Central Criminal Court. He sought to overturn the jury's guilty verdict on grounds that it was perverse and contrary to the weight of evidence. Mr Justice George Birmingham, sitting with two fellow judges, rejected the appeal, finding no circumstances warranted intervention with the jury's decision. The court noted that no application for a directed acquittal had been made during trial, indicating the defence accepted the matter warranted jury consideration. The judges were satisfied the verdict stood and found no fault with the trial judge's directions to the jury. The unnamed 66-year-old pleaded not guilty.
A man convicted of driving his car at gardaí has been jailed following an appeal by the Director of Public Prosecutions. Paul McGillion, aged 33 and resident at Ard Caoin, Manorcunningham, County Donegal, pleaded guilty in Letterkenny to reckless endangerment, dangerous driving, drink-driving, and driving without insurance and a valid licence on 25 July 2015. He received a wholly suspended three-year sentence in May 2017. The Court of Appeal found the original sentence unduly lenient and imposed a new three-year term with the final two years suspended. Mr Justice Alan Mahon noted that Garda Michael Kilcoyne sustained severe injury with life-changing consequences during the incident. The judge stated that offences involving driving a vehicle at gardaí performing their duties demanded a custodial element. McGillion's significant rehabilitation and employment record were acknowledged but could not justify a wholly non-custodial sentence given the gravity of the offence and his history of relevant convictions.
A man has been sentenced to two years' imprisonment at Dublin Circuit Criminal Court following a burglary at Carndonagh Park, Donaghmede, Dublin, in June 2017. Mark O'Mahony (33) of St Donagh's Road, Donaghmede, pleaded guilty to burglary and to possessing property belonging to another person found at the scene. The court heard that the householder discovered O'Mahony asleep in his kitchen armchair in the early morning and retained him until gardaí arrived. O'Mahony, who was in an exceptionally intoxicated state, had also taken approximately €100 in cash from a bag in the kitchen. Judge Martin Nolan noted the non-violent nature of the offence and described the burglary as inept. The sentence was backdated to June of the previous year when O'Mahony entered custody. The defendant has eighty-six previous convictions.
Four students renting a property at Lifford Park, South Circular Road, Limerick have been granted the right to return to their home following a High Court ruling. Ms Justice Marie Baker extended an injunction requiring the property owner to hand over possession to a bank-appointed receiver. The students had been required to leave by the property owner and spent two nights in hotel accommodation at the receiver's expense before the court intervened. The ruling emerged from a dispute between the property owner and Karl O'Neill, a KPMG receiver appointed by AIB in 2016. The property owner contested the validity of the receiver's appointment and the circumstances surrounding the students' removal. The judge found the receiver's appointment valid, subject to determination at a full hearing of the underlying dispute. Rent payments will be held in trust pending the final outcome of the case. The matter was adjourned for one month.
A bank-appointed receiver has obtained a temporary High Court order preventing eviction proceedings against four college students renting a property at Lifford Park, South Circular Road, Limerick. The dispute centres on the validity of Karl O'Neill of KPMG's appointment as receiver, contested by property owner Sinéad O'Connor. The court heard that Ms O'Connor demanded the students pay rent directly to her and sign documentation excluding dealings with the receiver, threatening immediate eviction and lock changes when they declined. She subsequently remained in the house with others, causing distress to the students and their families. Justice Caroline Costello granted an interim injunction on Tuesday evening requiring Ms O'Connor to surrender possession to the receiver, applying also to any third parties with notice of the order. The judge acknowledged the urgency and students' need for immediate protection, adjourning the matter to Thursday.
A 66-year-old man imprisoned for sexual offences against a family member has appealed his conviction at the Court of Appeal in Dublin, arguing the jury's verdict was perverse and unsupported by evidence. The man was convicted in May 2017 of three counts of sexual assault and two counts of rape committed between November 1992 and December 1994 in Donegal and Dublin. He received a seven-year sentence from Ms Justice Margaret Heneghan. His counsel raised concerns about inconsistencies in the complainant's testimony, including uncertainties regarding locations and details, and highlighted the absence of corroboration. The Director of Public Prosecutions contended that substantial evidence supported the jury's verdict and that assessing credibility and weight remained within the jury's province. Mr Justice George Birmingham, sitting with colleagues, indicated the court would reserve judgement on the appeal. The unnamed 66-year-old pleaded not guilty.
A 70-year-old man from Belfast has received a three-year suspended sentence at Dublin Circuit Criminal Court for his involvement in a nationwide credit card fraud scheme. Patrick Manning pleaded guilty to multiple counts of theft at various locations between October and December 2016. Gardaí established that fraudulent cards obtained through impersonation of Barclays Bank customers were used to purchase approximately €52,000 worth of goods, including laptops and foreign currency, across locations from Dublin to Donegal. Manning was identified through CCTV footage and apprehended in Drogheda in December 2016 whilst collecting an emergency card. He admitted acting as the "presentable face" of the operation for a daily wage of around €100, receiving between €1,500 and €2,000 in total. Manning declined to identify other participants. Judge Martin Nolan noted that gardaí did not believe Manning was the primary organiser. In imposing the suspended sentence, the judge considered Manning's age, poor health, and personal circumstances.
A Dublin man has been sentenced to 32 months' imprisonment at Dublin Circuit Criminal Court following his guilty plea to assaulting a champion power lifter at College Green on 17 January 2017. Dermot Dowd, aged 25, of Allenton Gardens, Tallaght, stabbed the injured party with scissors after being asked to leave a nightclub entrance. The victim, Thomas Gleeson, sustained a 10-centimetre wound to his back and lacerations to his shoulder, requiring hospital treatment. The assault prevented Mr Gleeson from competing in European weightlifting championships and caused him to withdraw from representing Ireland in his sport. He was absent from work for 38 weeks and reported suffering anxiety and chest pains since the incident. Judge Martin Nolan noted the offence fell at the higher end of the assault scale given the severity of injuries and the weapon used. Dowd, who has 42 previous convictions, is also facing sentencing in the New Year for dangerous driving causing death in Donegal. The sentence was backdated to 17 January 2017.
Nathan Coakley (24) has been sentenced to five years imprisonment at Dublin Circuit Criminal Court for his role in an armed robbery. Coakley, of Buckingham Street Upper, Dublin, pleaded guilty to possessing a kitchen knife during a hold-up at a Spar shop on Long Brook Quay on December 10, 2015. His accomplice carried an imitation firearm and assaulted a staff member when unable to access a time-locked safe. The raiders escaped with €6,114, which was never recovered. Judge Cormac Quinn imposed the five-year sentence with the final 18 months suspended, conditional on compliance with the Probation Services. The court noted that a victim, who has since relocated to Donegal, found the robbery traumatic. Coakley's previous convictions number 82, predominantly for road traffic offences, though Judge Quinn acknowledged his recent achievement in becoming drug-free and noted the absence of prior violent crime convictions.
Derek Reville, 40, was sentenced at Dublin Circuit Criminal Court after pleading guilty to stealing a suitcase and its €250 worth of contents from the Arc Bar, Liffey Valley, on July 21, 2017. He also admitted to endangerment on the M50 and at a junction at Clonshaugh Road, dangerous driving at Bothar Na Life, Lucan, and having no insurance at Greencastle Road, Coolock, on the same date. Prosecution evidence detailed that Reville led gardai on a ten-minute chase, driving his Renault Laguna at speeds up to 180 kmph, weaving through traffic, and driving the wrong way down a dual carriageway. The chase ended when he crashed at Greencastle Road. Judge Martin Nolan described the actions as "reprehensible" and the driving as "deplorable." Reville, who had 17 previous convictions, was on bail for seven other offences and had a four-month suspended sentence at the time. The court imposed a three-and-a-half-year jail term, backdated to when he entered custody. He was also banned from driving for four years.
Five men charged with violent disorder following an alleged altercation at a public house in Finglas, Dublin, on 19 October have been refused bail by the High Court. David Mulvey, aged 35, Robert Gaynor, aged 27, and Shane Thomas, aged 25, all of addresses in Finglas, Christopher Duggan, aged 28, of no fixed address, and Scott Capper, aged 24, of Cappagh Green in Finglas, face charges relating to an incident at The Cardiff Inn on Cardiffsbridge Road. The State objected to bail applications on grounds including the O'Callaghan principles and Section 2 of the Bail Act 1997. Evidence was heard from gardaí and a Detective Chief Superintendent from the National Bureau of Criminal Investigation regarding concerns about the risk of further serious offences. Mr Justice Patrick McCarthy refused bail for all five accused and remanded them in custody.
The High Court has ordered the surrender of Damien Joseph McLaughlin to Northern Ireland under a European Arrest Warrant. McLaughlin, 40, was arrested in Donegal and faces allegations that he aided and abetted the murder of prison officer David Black on November 1st, 2012. He is also charged with engaging in conduct in preparation for acts of terrorism and being a member of a proscribed organisation. These charges remain alleged or contested, with no plea, finding, or sentence recorded at this pretrial stage. His barrister, David Leonard BL, opposed the surrender, arguing McLaughlin would face inhumane treatment due to full-body searches in Maghaberry Prison. Ms Justice Aileen Donnelly initially sought further information from Northern Irish authorities regarding the necessity of these searches. The Head of the Northern Irish Prison Service responded that such measures were necessary to address severe threats from dissident republicans, noting that alternative technologies had not proven equally effective. Ms Justice Donnelly accepted that full-body searches were necessary in the specific high-risk context of Northern Ireland and did not contravene Article 3 of the European Convention on Human Rights. Consequently, the court rejected the objection and ordered McLaughlin's surrender.
The Court of Appeal has upheld the conviction of a man sentenced for the sexual abuse of a 14-year-old girl. Fergus Carson, aged 55, of The Green, Main Street in Convoy, County Donegal, was found guilty by a Central Criminal Court jury of six counts of sexual assault between May and September 2012. He was sentenced to five years imprisonment with the final 15 months suspended in March 2016. Carson's appeal challenged the fairness of the trial, contending he was denied adequate opportunity to cross-examine his accuser due to her demeanour in the witness box. Mr Justice Alan Mahon, delivering judgment, stated the complainant gave competent and impressive evidence. The court found the trial was fair, that the complainant made herself available for comprehensive cross-examination, and that any hesitancy benefited the defence. The three-judge court dismissed the appeal.
The Charleton tribunal heard evidence on October 23rd regarding threats made against Garda Keith Harrison's life in October 2013. Chief Superintendent Terry McGinn of Donegal division outlined how two anonymous 999 calls on 4th and 5th October reported threats against Garda Harrison. The first call described an overheard conversation in a Strabane bar, and the second indicated the threat originated from a relation of Martin McDermott, who was imprisoned following a manslaughter conviction. McDermott was the brother of Garda Harrison's partner. The threats were assessed as substantial, leading to security measures and restrictions on Garda Harrison's movements. A mobile phone subsequently located in Portlaoise Prison resulted in McDermott's release date being postponed. The tribunal also examined contacts between gardaí and HSE/Tusla regarding Garda Harrison. Superintendent Eugene McGovern, stationed in Buncrana, confirmed attending meetings with Tusla management but stated that individual cases were not discussed at such forums. A referral concerning Garda Harrison's partner and her children resulted in no further action pending additional information.
A High Court judge has requested further information on strip searches in a Northern Ireland prison before deciding on the extradition of an unnamed 40-year-old defendant. The defendant, Mr Damien Joseph McLaughlin, was arrested in County Donegal last March under a European Arrest Warrant issued by Northern Ireland authorities. He is wanted in connection with the murder of prison officer David Black in 2012, as well as charges related to engaging in conduct in preparation for acts of terrorism and being a member of a proscribed organisation. The maximum penalties applicable to each of the four offences are ten years, 15 years, and two penalties of life imprisonment. The judge rejected claims that restrictions on movement or strip searches in Maghaberry prison would constitute inhuman or degrading treatment. However, she noted that the use of full-body searches may be unnecessary due to available technology, as indicated by credible evidence from a Joint Oireachtas Committee. The judge requested further information from the Minister for Justice and the UK regarding the use of such technology. A resumed hearing will take place on November 21, and Mr McLaughlin was remanded in custody until that date.
The Charleton tribunal may recall several senior gardaí and a Tusla official following the discovery of two previously undisclosed documents relating to whistleblower Garda Keith Harrison and inter-agency communications in Donegal. The first document records a November 2013 meeting of senior Donegal gardaí attended by Tusla official Gerry Hone to discuss referral procedures. The second, a November 2013 regional management meeting minute, notes that Chief Superintendent Terry McGinn updated colleagues on an investigation into Garda Harrison. Both documents relate to a period when a statement by Garda Harrison's partner prompted a child welfare referral to the HSE, later closed without findings of concern. Tribunal chairman Mr Justice Peter Charleton directed that comprehensive searches of records from October 2013 to March 2014 be conducted to identify further material. Potential witnesses for recall include Chief Superintendents McGinn and Sheridan, Superintendent Eugene McGovern, and retired assistant commissioner Kieran Kenny. The inquiry adjourned, resuming 24 October.
Daniel O'Connell, 33, is standing trial at the Central Criminal Court, where he has pleaded not guilty to the alleged attempted murder of his sister, Olivia O'Connell. Prosecutors allege that on April 25, 2016, O'Connell stabbed Ms. O'Connell, who was 26 and a half weeks pregnant and suffering from chemotherapy effects, three to four times in the back at her home in Knocklyon, Dublin. The prosecution contends the attack was premeditated, driven by O'Connell's alleged pathological dislike of Dublin and his desire to prevent her from raising a child there. Evidence presented includes O'Connell's admission to Gardaí that he intended to kill her, describing the incident as a "failed murder suicide." He allegedly carried a hammer and duct tape to subdue her and was found wearing latex gloves to hide fingerprints. Ms. O'Connell escaped to a neighbor's house, where she was treated for her injuries; the child was later born healthy. The jury has been informed that not guilty by reason of insanity is an available verdict, with expert psychiatric evidence expected from both sides. The trial is ongoing before Mr Justice Paul Butler.
The Charleton tribunal has completed hearings examining circumstances surrounding garda whistleblower Keith Harrison and has invited legal submissions on the evidence heard during the current module. Justice Peter Charleton outlined topics he expects counsel to address in their written submissions. Over the preceding month, the tribunal examined evidence of contacts between gardaí and the HSE and Tusla relating to Garda Harrison. Sergeant Paul Wallace testified that he conducted a security assessment at Garda Harrison's home in October 2013 following reported threats. The sergeant said Garda Harrison indicated his partner had sought a safety order against him and made a statement to gardaí. Detective Inspector Patrick O'Donnell outlined information received regarding threats, whilst Superintendent Mary Murray confirmed she was appointed to conduct disciplinary and criminal inquiries in February 2014. Supt Murray stated she learned in May 2014 through media reports that Garda Harrison had made a protected disclosure to the garda confidential recipient and subsequently suspended her investigations. The tribunal continues.
A senior garda officer has told the Charleton Tribunal that she harbours no ill will toward whistleblower Garda Keith Harrison. The matter concerns a 2013 domestic dispute complaint made by Ms Marissa Simms, who later withdrew her statement after it had been referred to the Garda Ombudsman Commission. Garda Harrison alleged the referral was motivated by malice. At the tribunal in Donegal, Chief Superintendent Terry McGinn defended the decision to refer the matter to GSOC, stating it was made in good faith based on concerns about psychological harm to Ms Simms and her children. Counsel for Garda Harrison argued that senior officers had misinterpreted the Garda Síochána Act and that proper documentation procedures had not been followed. Chief Superintendent McGinn maintained that her actions were appropriate and measured, and that she has demonstrated no malice toward Garda Harrison since his return to her division.
A tribunal hearing in Donegal examined evidence from the most senior garda in the county regarding the investigation into allegations of domestic abuse against whistleblower Garda Keith Harrison. Chief Superintendent Terry McGinn directed Inspector Goretti Sheridan to begin the investigation on 29 September 2013, following a report from the mother of Garda Harrison's partner. During the hearing, Mark Harty SC, representing Garda Harrison, questioned the absence of a contemporaneous written record of Chief Superintendent McGinn's decision and the reasons for it. He referenced post-Morris tribunal directives requiring gardaí to maintain daily journals and document significant matters. Chief Superintendent McGinn denied deliberately omitting the note, stating that recording every decision as it occurred would be impractical. She maintained her tribunal statement provided context and that her appointment of the inspector was clearly evident. The only contemporaneous record of the appointment appeared in another superintendent's journal.
At the Charleton Tribunal on 6 October 2017, Chief Superintendent Terry McGinn of Donegal Division gave evidence concerning the handling of allegations against whistleblower Garda Keith Harrison. Chief Supt McGinn stated her priority was ensuring gardaí acted in a clear and transparent manner, particularly given diminished public confidence in policing following the Morris tribunal. She recalled meeting Garda Harrison in Ballyshannon in autumn 2011 when he requested a transfer to Letterkenny. In October 2013, following reports from the partner of Garda Harrison regarding domestic abuse, Chief Supt McGinn appointed an inspector to investigate. A statement was taken from the woman on 6 October 2013. The chief superintendent subsequently sought an independent investigation by a superintendent from outside Donegal Division, rather than an internal inquiry. A referral was made to GSOC under Section 102 of the Garda Síochána Act, and Tusla was notified due to children's involvement. Following GSOC's closure of the file, Garda Harrison was confined to indoor duties pending investigation completion.
The Court of Appeal will review video recordings of a complainant's full evidence in a sexual assault case following an appeal by the convicted man. Fergus Carson, aged 55, of Main Street in Convoy, County Donegal, was convicted by jury in the Central Criminal Court last year of six counts of sexual assault of a girl at a relative's residence between May and September 2012. He received a five-year sentence with the final fifteen months suspended in March 2016. Carson's barrister argued on appeal that fairness and the right to confront the accuser were at issue, contending the complainant became unresponsive during cross-examination when questioned on inconsistencies in her account. The Director of Public Prosecutions' counsel submitted the cross-examination had been conducted professionally and the jury was fully aware of the witness's demeanour throughout. A three-judge panel comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Edwards reserved judgement pending review of the evidence recordings.
The Charleton tribunal received three out of four requested statements from senior garda officers, according to tribunal barrister Diarmaid McGuinness SC. Statements from Chief Superintendent Terry McGinn, Chief Superintendent Tony McLoughlin, and Superintendent Eugene McGovern were submitted on Thursday morning. Retired assistant commissioner Kieran Kenny was unable to provide a statement as he was 'on the far side of the world.' The tribunal requested the statements following the discovery of handwritten notes taken by Chief Superintendent McGinn at a garda conference in Letterkenny station on 8 October 2013. Tribunal chairman, Mr Justice Peter Charleton, sought to determine each officer's knowledge of the meeting, which occurred two days after a complaint was made by Marisa Simms, the partner of whistleblower Garda Keith Harrison. McGuinness noted that Chief Supt McGinn's notes were submitted to Garda HQ months ago but not forwarded to the tribunal. Garda HQ reviewed the documents and found no reference to Tusla or HSE, leading to the omission. The tribunal is currently examining contacts between gardaí and HSE/Tusla regarding Garda Harrison. Supt Eugene McGovern, cross-examined by Mark Harty SC on behalf of Garda Harrison, stated that a decision was made to refer Ms Simms' complaint to the Garda Siochana Ombudsman Commission (GSOC) under Section 102 of the Garda Siochana Act, which allows for referrals where a Garda has caused death or serious harm. Harty questioned whether distress was considered serious harm and if charges of assault causing serious harm would be brought without physical injury. McGovern said that the decision on charges would be for the DPP and that gardaí believed there was a 'substantial risk of death' to Ms Simms. Harty noted that no crime prevention advice was given to Ms Simms and questioned the response to the threat. McGovern stated that the matter was referred to the garda ombudsman, though the ombudsman has no powers of arrest or crime prevention. A letter from Chief Supt Tony McLoughlin in Garda HQ questioned the appropriateness of a Section 102 referral, suggesting confinement on indoor duties. Chief Supt McGinn responded that the threats outlined by Ms Simms constituted a 'substantial risk of death.' McGovern stated that the referral to the HSE was based on Ms Simms' statement, which she made voluntarily. Ms Simms later withdrew her statement.
The Charleton tribunal has requested new statements from four senior gardaí regarding an October 2013 meeting in Letterkenny, County Donegal, which prompted referrals concerning garda whistleblower Keith Harrison to the HSE and GSOC. Tribunal Chairman Mr Justice Peter Charleton stated the tribunal had only recently learned that retired Northern Region Assistant Commissioner Kieran Kenny was consulted about the meeting. Handwritten notes from Chief Superintendent Terry McGinn, which documented discussions involving both Mr Kenny and Chief Superintendent Tony McLoughlin, were provided to the tribunal in June but were not searchable until recently transcribed. Mr Justice Charleton emphasised the October 2013 meeting was a significant turning point in the sequence of events. He requested statements from Mr Kenny, Chief Superintendent McLoughlin, Chief Superintendent McGinn, and Superintendent Eugene McGovern by 10am the following morning. Garda Harrison's barrister highlighted that he had only received the notes during cross-examination, describing them as critical to understanding the decision-making process.
A senior garda officer's decision to categorise a domestic disturbance complaint under provisions relating to serious harm or death was later questioned by the Garda Ombudsman, the Charleton Tribunal heard. The October 2013 complaint involved allegations that Garda Keith Harrison had made threats during a late-night argument in Milford, County Donegal, where he was stationed. Superintendent Eugene McGovern, then in charge of the Milford district, told the tribunal he considered the matter serious enough to warrant referral to the Garda Síochána Ombudsman Commission under Section 102, citing emotional and psychological harm to the complainant. A senior GSOC investigator subsequently indicated the complaint might not qualify as a Section 102 referral. The complainant later withdrew her statement to gardaí and informed GSOC she did not wish to pursue a complaint. The tribunal is examining contacts between gardaí and child welfare agencies relating to the officer.
Two senior Tusla officials from County Donegal have told the Charleton tribunal that allegations of improper pressure on the child protection agency have damaged their professional reputations. Social worker Donna McTeague and her line manager Bridgeen Smith, Team Leader at the time, both rejected suggestions they were directed by gardaí to conduct a home visit to a garda and his partner in February 2014. Ms McTeague stated she received no direction from gardaí or her supervisor regarding the visit. Ms Smith categorically denied being "leaned on" by a sergeant to arrange the home visit, describing such allegations as an attack on her professional integrity. The tribunal, chaired by Mr Justice Peter Charlton, is examining contacts between gardaí and the HSE/Tusla relating to allegations of abuse of power. Following the 2014 home visit, Tusla closed the case, finding no risk to children in the household. Ms McTeague noted she lacked access to relevant documentation at the time, which she said would have enabled a more thorough assessment.
The Charleton tribunal, chaired by Mr Justice Peter Charlton, continued its trial examining allegations that Garda Keith Harrison was targeted for making a protected disclosure. Ms Marisa Simms, Harrison's partner, testified that she was followed by Garda vehicles and received death threats, denying suggestions that Harrison sought whistleblower fame. She stated that a complaint forwarded to the Garda Síochána Ombudsman Commission (GSOC) in October 2013 was not made under pressure. Harrison alleged the GSOC referral was motivated by malice stemming from his previous posting in Athlone and his relationship with Simms, whose brother was charged with the manslaughter of Garda Gary McLoughlin. Social worker Una Coll testified that she contacted Sergeant Brigid McGowan in 2012 regarding an anonymous letter and later learned a referral had been sent for the Simms children. Coll stated that social services consult with Gardaí but do not accept direction from them. Principal social worker Gerry Hone confirmed receiving a notification about the children in October 2013, noting that a box indicating emotional abuse was ticked but further information was required before action could be taken. Hone stated it would be highly inappropriate for an outside agency to direct social work investigations. The tribunal is currently examining contacts between Gardaí and the HSE/Tusla, with details of the protected disclosure yet to be heard.
The High Court has ordered the extradition of a 77-year-old retired teacher to the UK to face a single charge of indecently assaulting a student. The UK citizen, residing in Co Donegal, is alleged to have indecently assaulted a ten-year-old student in a school staff room in June or July 1978. The offence carries a maximum sentence of five years. A European Arrest Warrant was endorsed by the High Court. The respondent's barrister, Mr John Berry BL, opposed surrender, citing confusion over the date, the reversal of prior decisions not to prosecute, and the significant delay. Ms Justice Aileen Donnelly rejected these objections, noting the Crown Prosecution Service had no culpable delay, though the overall length was a factor in the public interest assessment. The court heard the respondent was questioned in 1978 and 2014, with no prosecution initially intended. Following a victim complaint, the Crown Prosecution Service decided to prosecute. The judge found no evidence that remedies for delay or prejudice could not be addressed in the UK. She acknowledged the respondent's strongest point was being told twice he would not be prosecuted but stated this did not make surrender prejudicial. The matter was adjourned in the sense that the order directs the respondent to present himself for surrender at the appropriate time, with bail extended under more restrictive conditions.
A 40-year-old man arrested in County Donegal is awaiting a High Court decision on his extradition to Northern Ireland. Damien Joseph McLaughlin, with an address in the Glenties area, was detained last March under a European Arrest Warrant in connection with the 2012 murder of prison officer David Black. He faces allegations of aiding and abetting in the killing, which occurred on the M1 motorway, along with charges related to possession of an article for use in murder, preparation for acts of terrorism, and membership of a proscribed organisation. His legal team opposed extradition on human rights grounds, citing concerns about conditions at Maghaberry prison. Justice Aileen Donnelly adjourned proceedings to allow presentation of additional evidence, including an affidavit from Maureen O'Sullivan TD regarding prison conditions. Following no further submissions from the defence, the judge reserved judgment until October 20th. Mr McLaughlin remains in custody pending that determination.
Two men sought by Northern Irish authorities in connection with the attempted murder of a PSNI officer have been granted leave to pursue judicial review at the High Court. The applicants, arrested in County Donegal in 2015, allege that An Garda Síochána failed to provide custody records, statements, and details of samples taken during their detention at Letterkenny and Milford stations. They contend the withheld information is material to defending extradition proceedings. Ms Justice Aileen Donnelly agreed to hear the applications and scheduled a motion returnable for October 9th. The men, who face charges including possession of explosives with intent to endanger life, remain on continuing bail. Extradition proceedings have been adjourned pending the judicial review hearing.
Two men wanted in Northern Ireland on charges of attempted murder of a PSNI officer and possession of explosives with intent to endanger life have brought High Court applications seeking disclosure of Garda records following their arrest in the Lifford area of County Donegal in June 2015. The applicants claim Gardaí have failed to provide custody records, copies of statements, and details of forensic samples taken during their detention. They argue the withheld information is relevant to extradition proceedings and that its non-disclosure breaches their Constitutional rights and rights under the European Convention on Human Rights. The men contend evidence gathered in custody should not be used in their intended Northern Irish prosecution. Ms Justice Margaret Heneghan heard the matter at the High Court and referred the judicial review applications to Ms Justice Aileen Donnelly, who is hearing the related extradition requests. Ms Justice Donnelly will determine whether to hear both applications together. The matter was adjourned pending her decision.
A 28-year-old man from Tallaght has been sentenced to 20 months imprisonment at Dublin Circuit Criminal Court after pleading guilty to stealing five iPhones from Three mobile phone stores across the country between November 3 and 7, 2015. Viorel Rostas participated in robberies in Navan, Cavan, Letterkenny in Donegal, and Tralee and Killarney in Kerry. Rather than stealing the phones himself, Rostas acted as a distraction or obstructed staff attempting to prevent the thefts while accomplices took the devices, which were collectively valued at over €3,500. Judge John Aylmer considered Rostas's guilty plea and €1,000 compensation offered as mitigating factors, but noted his previous convictions for theft made a suspended sentence inappropriate. The court heard Rostas became involved following his mother's death and financial pressure from a loan taken for funeral expenses in Romania. None of the five phones were recovered by gardaí.
A 40-year-old man from Belfast, arrested in County Donegal in March on a European Arrest Warrant, appeared before the High Court on 19 July to contest his extradition to Northern Ireland. The man faces charges relating to the November 2012 murder of prison officer David Black, as well as allegations of involvement in preparation for acts of terrorism and membership of a proscribed organisation. His legal team argued there is a real risk of treatment contrary to Article 3 of the European Convention on Human Rights if he is returned, citing concerns about forced body searches at Maghaberry prison conducted in what they described as a degrading and aggressive manner. The State's counsel contended there was insufficient evidence to support such claims, noting the reported incidents occurred seven years prior. Justice Aileen Donnelly adjourned the matter to 26 July to allow further evidence to be presented and clarification sought regarding an affidavit submitted in support of the application. The applicant was remanded in custody pending the resumed hearing.
A 28-year-old man from Tallaght has pleaded guilty at Dublin Circuit Criminal Court to his involvement in the theft of five iPhones from mobile phone stores across the country between November 2015. Viorel Rostas admitted to taking part in robberies at outlets in Navan, Cavan, Letterkenny, Tralee, and Killarney over a five-day period, with the stolen handsets valued at over €3,500. During each incident, Rostas acted as a distraction or obstructed attempts to prevent the thefts while accomplices removed the phones. The robberies occurred during business hours and were recorded on store CCTV; none of the phones were recovered. Detective Garda evidence indicated Rostas was part of a group of four involved in the thefts. The defence outlined that Rostas took a €10,000 loan to finance his mother's funeral in Romania following her death in July 2015, subsequently agreeing to participate in the robberies due to pressure from the lender. Rostas, who has lived in Ireland over twenty years, has seventy-one previous convictions. Judge John Aylmer adjourned the case for sentencing on 24 July.