Court archive
Court reports mentioning Raphoe, Donegal
2023-01-30 · Donegal
The Workplace Relations Commission has dismissed the unfair dismissal claim of care worker Varghese Matthew. In a decision published Monday, adjudicating officer Janet Hughes found that Matthew's dismissal by Donegal Home Care Ltd, trading as Home Instead Senior Care, was reasonable. The case concerned an incident on 1 April 2020 at Ballywaltrim House in Raphoe, Co Donegal, where a patient with an intellectual disability was found on an excrement-strewn floor after being locked in his room overnight. Matthew alleged he was instructed by a staff member to act as a doorkeeper and stay outside the room, a direction he claimed originated from an HSE employee. He stated he only discovered the door was locked after the other worker left. The tribunal found no malice or deliberate neglect on Matthew's part but determined his actions were based on "unquestioning adherence" to that direction. The officer concluded that speaking to the service user through a glass panel for four hours reached a threshold of gross misconduct due to incompetence and a failure to provide sound professional judgment. Although the officer noted Matthew was effectively a "scapegoat" and that the employer's investigation was delayed and limited, she upheld the dismissal, finding it reasonable for the employer to conclude Matthew's primary responsibility was to the service user, not to staff instructions.
2022-02-14 · Donegal
Donegal County Council has applied to the High Court for an injunction to enforce the suspension of Councillor Frank McBrearty Jnr from attending council meetings until the end of February. The independent councillor was suspended on 31 January following allegations of disorderly conduct at council proceedings. Counsel for the council told Mr Justice Senan Allen that Cllr McBrearty, who disputed the suspension, attended a meeting the following week and allegedly disrupted it, causing adjournment. The council seeks to prevent him from attending, speaking, or participating in any council or committee meetings until 27 February, and from attending meetings at Aura Leisure Centre in Letterkenny. The judge granted permission to serve short notice of proceedings on Cllr McBrearty of Raphoe. The matter will return to court later in the week. Cllr McBrearty, elected since 2009, gained prominence following the Morris Tribunal's 1996 findings regarding alleged garda misconduct.
2021-07-21 · Donegal
A man from Raphoe in County Donegal has had his prison sentence doubled by the Court of Appeal following two attacks on his neighbour's home and an assault that left her with a broken jaw. Leon Kelly was originally sentenced to two-and-a-half years, with twelve months suspended, by Letterkenny Circuit Court in November 2020 for assault causing harm and criminal damage. The Director of Public Prosecutions appealed on grounds of undue leniency. The court heard that Kelly rammed his vehicle into his neighbour's car and home on 13 April 2019, causing €13,000 in damage and breaking the woman's jaw. He subsequently fled across the River Finn into Northern Ireland but was apprehended by the PSNI and returned. Eight days later, he attacked the same property again with his Volkswagen Passat. Mr Justice Patrick McCarthy increased the sentence to three years imprisonment, finding the original term did not reflect the gravity and violence of the offences. Leon Kelly pleaded guilty.
2021-07-12 · Donegal
The Director of Public Prosecutions has appealed an 18-month custodial sentence imposed on a Donegal man, arguing it was unduly lenient. Leon Kelly, aged 34, pleaded guilty at Letterkenny Circuit Criminal Court to assault causing harm and criminal damage following incidents in April 2019 at Beechwood Grove, Lifford. The victim sustained a broken jaw and lost a tooth during an unprovoked assault. Kelly twice rammed his vehicle into the victim's car and home in what the court heard stemmed from a dispute over money. Following the first incident, Kelly fled and attempted to cross the River Finn into Northern Ireland, where he was apprehended by the PSNI. He rammed the home again eight days later. The DPP contends the original sentence failed to reflect the gravity of the offences, citing Kelly's use of a vehicle as a weapon while under the influence of alcohol as an aggravating factor. The Court of Appeal, comprising Mr Justice Séamus Woulfe, Mr Justice Patrick McCarthy, and Ms Justice Isobel Kennedy, reserved judgment.
2021-02-22 · Dublin
A beauty therapist from Dublin has received a suspended prison sentence following an assault on her ex-partner's mother. Edel Lovett, aged 33, of Raphoe Road, Crumlin, pleaded guilty to assault causing harm at Wainsford Manor Crescent, Terenure on 14 August 2019. Dublin Circuit Criminal Court heard that Lovett attended the victim's home intending to confront her former partner but encountered the man's 65-year-old mother instead. The assault resulted in the victim being pulled to the ground, struck, kicked and having hair pulled from her head. The victim reported suffering profound effects from the attack and was unable to leave her home for four months thereafter. Judge Elma Sheahan suspended a 14-month prison sentence conditional on Lovett engaging with the Probation Service's mental health and anger management programme. The judge noted mitigating factors including Lovett's psychiatric ill health at the time and her guilty plea. Lovett was ordered to pay €3,000 immediately and a further €5,000 within twelve months, with any remainder after the victim's medical costs to be donated to charity.
2019-01-25 · Dublin
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.
2018-12-14 · Dublin
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.
2017-02-27 · Donegal
At the Central Criminal Court, the State entered a Nolle Prosequi in the case against a 53-year-old man from Magherennan, Raphoe, County Donegal, discontinuing a murder charge. The defendant had been accused of the murder of a 67-year-old man at a residential address in Churchill, Donegal on 16 and 17 June 2012. The case was scheduled for trial before Justice Patrick McCarthy when the prosecution, represented by Brendan Grehan SC, formally withdrew the charge, indicating the State would not proceed further with the prosecution.
2016-05-30 · Donegal
A 53-year-old man from Raphoe in County Donegal has been sent forward for trial at the Central Criminal Court, charged with the murder of a 67-year-old pensioner. Samuel James Clarke, of Magherennan, is accused of killing Seamus Doherty at a property in Drumacnoo, Churchill on June 16th or 17th, 2012. Justice Patrick McCarthy set a trial date of February 27th, 2017. The case will proceed to the Central Criminal Court, where the defendant will face the charge relating to the death that occurred in the Donegal locality over three years prior to the court proceedings.
2014-03-11 · Dublin
Swords District Court heard several matters presided over by Judge Dempsey. David Wheatley, who pleaded not guilty to causing criminal damage at the home of Thazman Byrne, was convicted after the judge accepted CCTV evidence. He was fined €400, bound to the peace for one year, and ordered to stay away from Ormond Close and have no contact with the victim. Dawid Morkowski pleaded guilty to trespass at St Colmcille's Parochial House and was remanded on continuing bail for a Probation & Welfare Report. Mark Gavin pleaded guilty to the theft of Nike runners and was similarly remanded on continuing bail for a report. Shane Lynch pleaded guilty to unlawful possession of cannabis and was ordered to provide €500 to the court. Karlos Verbickas pleaded guilty to trespass and the theft of two bicycles and an iPhone; he was sentenced to five months in prison. Brian Murphy pleaded guilty to being intoxicated and using threatening behaviour; his case was struck out after he paid a €200 charitable donation. Gareth O'Connell, who also pleaded guilty to the same offences, was convicted and fined €300 for intoxication and €100 for threatening behaviour after failing to pay the full donation.