Court archive

Court reports mentioning Crumlin, Dublin

2017-12-14 · Dublin

Jury must decide if State has proved murder accused knew force was "excessive"

In a Central Criminal Court hearing on 14 December 2017, Mr Justice Patrick McCarthy presided over the trial of 19‑year‑old Graham McEvoy, who was charged with murder but pleaded not guilty to that charge and guilty to manslaughter. McEvoy's plea to manslaughter indicates acceptance of responsibility for the killing of 23‑year‑old Paul "Paulie" Curran, but denies intent to kill or cause serious injury. McEvoy claimed that he met Curran to sell cocaine, and that Curran drew a knife and attempted to slash him. McEvoy then stabbed Curran six times, resulting in fatal injuries. Justice McCarthy explained that a defendant may be found guilty of manslaughter if the force used was excessive, even if the defendant was not intent on killing. He instructed the jury that they must decide whether the prosecution proved beyond reasonable doubt that McEvoy knew the force was excessive. The jury was then sent to deliberate.

2017-12-13 · Dublin

"No credibility" in murder accused's self defence claim, prosecution say

In the Central Criminal Court, 19‑year‑old Graham McEvoy pleaded not guilty to murder but guilty to the manslaughter of 23‑year‑old Paul Curran. The prosecution, led by Conor Devally SC, argued that McEvoy's self‑defence claim lacked credibility. Devally cited CCTV footage showing McEvoy's movements after the stabbing, the condition of a light‑coloured hoodie, and the absence of blood on the hoodie, arguing that the hoodie could not have been slashed. He also questioned McEvoy's statements about driving a red Honda Civic, noting that CCTV showed him in a silver Hyundai. Devally further highlighted that McEvoy bought a mobile phone after the incident, suggesting he was covering his tracks. The defence, represented by Barry White SC, maintained that the incident was a drug deal gone wrong and that McEvoy acted in self‑defence, seeking a manslaughter conviction rather than murder. The trial remains ongoing.

2017-12-12 · Dublin

Prosecution finishes case in trial of teen accused of murdering best friend

The prosecution has finished presenting its evidence in the murder trial of 19‑year‑old Graham McEvoy, who was accused of stabbing his best friend, 23‑year‑old Paul "Paulie" Curran, during a drug deal on 16 July 2016. McEvoy pleaded not guilty to murder but guilty to manslaughter. The State did not accept the plea and the case is proceeding at the Central Criminal Court. Garda Julianne McNamara supplied mobile phone records showing McEvoy called Curran three times in the 42 minutes before the stabbing. McEvoy had told police he intended to meet Curran at Seagull House to buy half an ounce of cocaine. After Curran allegedly pulled a knife, McEvoy claimed he stabbed him in self‑defence. McNamara also found that McEvoy had made three calls that day to a 15‑year‑old girl who had previously testified that he was looking for Curran.

2017-12-11 · Dublin

Murder accused told gardai he stabbed best friend in self defence during drug deal

Graham McEvoy, aged 19, pleaded not guilty to murder but guilty to manslaughter of his best friend Paul "Paulie" Curran, aged 23, after a drug deal at Seagull House on 16 July 2016. McEvoy told Garda Dermot English that he met Curran for a 14‑gram cocaine transaction. Curran allegedly pulled a knife and attacked McEvoy, who claimed Curran nearly stabbed him and struck him with a portable speaker. In the ensuing struggle McEvoy says he used Curran's jacket to wrest the knife from him and stabbed Curran a few times, with the knife entering below the armpit. McEvoy left the scene in his car, later bought a car, and planned to turn himself in the next day. He described the incident as self‑defence and expressed genuine distress over the death of his friend. The trial is ongoing at the Central Criminal Court.

2017-12-07 · Dublin

Teenage girl tells trial of phone calls from murder accused

During a murder trial, a 15‑year‑old girl, who cannot be named, gave evidence by video link that the accused, Graham McEvoy, phoned her while Paul "Paulie" Curran lay dead in hospital. She said McEvoy called earlier that day asking where Curran was and mentioned a "stripe down his face" and that he had "got it over Paulie." In a later call he told her he had arranged to meet Curran at the flats. The girl walked to the flats, where she was told by "kids" that Paulie had been stabbed. She then went to the hospital; McEvoy called again asking what had happened to Paul. She told him he was dead, and he shouted "for fuck sake." McEvoy pleaded not guilty to murder but guilty to manslaughter. The trial, presided over by Mr Justice Patrick McCarthy, continues tomorrow with a jury of twelve.

2017-12-06 · Dublin

Teenager goes on trial accused of murder

A 19‑year‑old, Graham McEvoy, pleaded not guilty to murder but guilty to manslaughter in the death of 23‑year‑old Paul Curran at Seagull House, Dublin, on 16 July 2016. The prosecution, represented by Conor Devally SC, argued that McEvoy entered the stairwell, later re‑emerged, dropped items, and fled. Curran, fatally wounded, stumbled into a flat where the incident was reported. Devally explained that the jury must decide whether McEvoy intended to kill or cause serious injury, noting that intent is presumed unless the accused claims self‑defence or fear. Evidence presented included a map and photographs of the stairwell and balcony taken by crime examiner Garda Alan Carolan. The trial, held at the Central Criminal Court before Justice Patrick McCarthy, will continue the following day with a jury of six men and six women.

2017-12-01 · Dublin

Community service for drunken student who brandished hatchet

In the Dublin Circuit Criminal Court, Derek Walsh, aged 29, was sentenced to 200 hours of community service over the next year in lieu of an 18‑month prison term. The sentence followed his guilty plea to one count of producing a hatchet during a dispute on St Anthony's Road on 10 June 2016. Gardaí were called after neighbours reported men fighting with knives; Walsh, highly intoxicated, ran toward a man brandishing a large hatchet. He fled, was pursued, and threw the hatchet over a house roof before being apprehended. No injuries occurred. Walsh has 71 prior convictions, including theft and public order offences. He has expressed remorse, regrets his actions, and wishes to apologise. He is currently substance‑free, working as a scaffolder, and hopes to resume his pharmaceutical studies. Judge Karen O'Connor noted the seriousness of using a hatchet and accepted Walsh's remorse and qualifications.

2017-11-29 · Dublin

Drug dealer caught hiding drugs and mobile phone in prison cell

In a Mountjoy prison cell, a 25‑year‑old convicted drug dealer, Dean Reynolds, was discovered hiding heroin, cannabis and a mobile phone behind a panel above the toilet bowl. The discovery followed a search by prison officers, who found a sock containing the phone, a spare battery, €40 worth of cannabis and €360 worth of heroin. Reynolds had pleaded guilty at Dublin Circuit Criminal Court to possession of a mobile phone and heroin and cannabis for sale or supply. Judge Karen O'Connor sentenced him to two and a half years' imprisonment for the drug offences, with the final fifteen months suspended on the condition of good behaviour and engagement with probation services. He also received a one‑year sentence for possession of the mobile phone, with both sentences running concurrently. The case highlighted Reynolds' prior convictions for drug dealing, assault, criminal damage and firearms possession, and his history of domestic abuse and early drug use.

2017-11-09 · Dublin

Footballer to be sentenced for 2004 assault

Stephen "Hoppy" Kinch, aged 29, will be sentenced in early 2018 for an assault committed when he was 16 in 2004. The incident occurred on 17 March 2004 in Tallaght, where Kinch allegedly struck Gary Byrne in the face with an iron bar and was also involved in head‑butting Byrne during the attack. Byrne suffered a broken nose, broken finger, damaged teeth, swollen jaw and a cut lip. Kinch pleaded guilty at the Dublin Circuit Criminal Court, admitted to head‑butting but denied using the iron bar. He has no prior convictions and was living in Tallaght at the time of the hearing. The judge, Karen O'Connor, noted his current employment, voluntary work and family responsibilities, and adjourned the case to February to allow him to pay an additional €4,000. She also indicated a potential probation report and assessment of suitability for community service, though she did not commit to imposing community service.

2017-10-25 · Dublin

Garda made drugs bust after stopping driver for using mobile phone

John O'Keefe, 26, was stopped by Garda Stephen Connor after the officer observed him using a mobile phone while driving a van toward the city centre. The Garda noted O'Keefe was extremely nervous and detected a strong smell of cannabis. A search of the van uncovered a bag of 248 MDMA tablets worth €2,480 and a bag of cannabis herb worth €4,734. O'Keefe admitted to transporting the drugs for €200, claiming he was unaware of their value and did not know the recipient. He pleaded guilty to possession of drugs for sale or supply at Greenhills Road, Tallaght, on 11 April 2016. The court, hearing his 16 prior convictions, imposed a two‑and‑a‑half‑year sentence, suspended in full on strict conditions, including 12 months of probation supervision. The case was heard at Dublin Circuit Criminal Court.

2017-10-18 · Dublin

Benefits fraudster caught by facial imaging technology

A 62‑year‑old man named Owen McKeever was found guilty of fraudulently claiming more than €40,000 of jobseekers allowance in the name of his brother Brendan between 2009 and 2013. The fraud was uncovered through facial imaging technology introduced by the Department of Social and Family Affairs in 2013, which matched a genuine photograph of McKeever with one purporting to be his brother. McKeever had also been making a legitimate claim in his own name at the time. He pleaded guilty to 50 counts of social welfare fraud, with a total loss to the exchequer of €41,871. McKeever admitted the fraud immediately after being interviewed by Garda Ian Abbey and said, "I put my hands up." He has begun repaying €50 per week and the court has adjourned sentencing to 28 January to allow further repayment.

2017-10-11 · Dublin

Conspiracy to murder accused is denied bail

Gary Gleeson, 34, of Ballyfermot, was denied bail by the High Court on 11 October 2017. He faces charges of conspiracy to murder Michael Frazer between 28 July and 7 August, possession of a 9mm Luger pistol and 10 rounds of 9mm ammunition, and intent to endanger life on Naas Road, Crumlin, on 7 August. Gleeson applied for bail on 2 October, but the State objected. Garda Val Russell and Chief Superintendent Tony Howard argued the seriousness of the charges under Section 2A of the Bail Act, leading Judge Paul Butler to reject the application and remand Gleeson in custody.

2017-10-09 · Dublin

Drunk "student" brandished hatchet over broken laptop

In a Dublin Circuit Criminal Court hearing, Derek Walsh, aged 29, pleaded guilty to producing a hatchet during a dispute over a broken laptop on St Anthony's Road on 10 June 2016. The incident began when neighbours reported men fighting with knives; Walsh, highly intoxicated, ran toward one man brandishing a large hatchet, which he later threw over a house roof before being apprehended. He has 71 prior convictions. Judge Karen O'Connor sentenced him to 18 months' imprisonment but allowed a conditional alternative of 200 hours of community service, pending a suitability report. The matter was adjourned to 1 December for a final decision. No injuries were reported, and no victim impact statements were filed. The judge noted Walsh's remorse and background, and remanded him on continuing bail while awaiting the community services report.

2017-07-29 · Dublin

Judge expresses surprise that having empty firearm cartridges is a crime

In a Dublin Circuit Court hearing, Judge Martin Nolan expressed surprise that possession of empty firearm cartridges was a criminal offence. He sentenced 26‑year‑old Paul Honer to a three‑month suspended sentence for unlawful possession of blank ammunition. Honer admitted keeping the cartridges in a red box under a fish tank in his bedroom; he claimed they were given to him by his father before the father's death ten years earlier. Garda Thomas Wafer discovered the shells during a search of Honer's house on 26 March 2016. Honer, who had previously pleaded guilty to unlawful possession of firearm ammunition, was arrested for the offence while already serving a four‑and‑a‑half‑year sentence for a firearms offence. Judge Nolan noted that many people in rural areas possess spent shells and that he would not sentence someone to imprisonment unless the state proved sinister intent.

2017-07-24 · Dublin

"Avid boxer" who spat on garda is jailed

Clayton McMahon, 24, of Crumlin, Dublin, was convicted in May 2017 of reckless endangerment, dangerous driving, assault of a Garda, driving without insurance or a licence, and failing to produce evidence of insurance or a licence. He had pleaded not guilty. The jury found him guilty on all counts. Judge Pauline Codd sentenced him to three and a half years, suspended the final year on condition he attends a victim awareness programme and anger‑management counselling, and disqualified him from driving for five years. McMahon, described as an avid boxer, admitted having anger issues. During the incident on 17 November 2016, he shouted threats, punched a window, refused to be handcuffed, spat on a Garda, and was subdued after pepper spray was used. He was later allowed to be handcuffed. The case was heard at Dublin Circuit Criminal Court.

2017-07-22 · Dublin

Pro boxer who took part in "explosion of violence" outside Coppers gets Probation Act

Jamie Kavanagh, a professional boxer, was sentenced at Dublin Circuit Criminal Court for assaulting a doorman and engaging in threatening or abusive behaviour on Harcourt Street on September 23, 2014. Kavanagh pleaded guilty to these summary offences, which were sent to the Circuit Court alongside co-accused Paul Rice and Mark Carlyle, who pleaded guilty to the more serious charge of violent disorder. The court heard that Kavanagh played a peripheral role in the incident, which prosecutors described as an "explosion of violence" outside Copper Face Jacks nightclub. Judge Elma Sheahan applied section 1(1) of the Probation Offenders Act, ordering Kavanagh to be of good behaviour and keep the peace for 12 months, leaving him without a conviction. This disposal was granted to prevent a recorded conviction from interfering with a significant US fight contract. In contrast, co-accused Mark Carlyle, who has multiple serious previous convictions and was identified as an instigator of the brawl, received a sentence of five years in December 2015, with the final 18 months suspended. Paul Rice, also an instigator with 11 previous convictions, was sentenced in April 2016 to three years' imprisonment, with the final year suspended. The court noted that Kavanagh had no previous convictions and had complied with a prior order to provide 20 hours of coaching to his local amateur boxing club.

2017-07-19 · Dublin

Suspended sentence for man who threw glass in crowded bar, injuring woman

Kenneth McCabe, 25, received a suspended one‑year jail sentence after he threw a glass into the air in a crowded bar, unintentionally striking a beam and showering glass on a woman named Corrigan Serpa. Serpa suffered injuries to her nose and left thumb, requiring stitches. McCabe pleaded guilty to assault causing harm on 14 February 2016 at The Quay Public House, Temple Bar. Judge Martin Nolan accepted that the assault was reckless but not intentional, and imposed a suspended sentence on the condition that McCabe keep the peace and behave well. He also ordered McCabe to pay €3,000 to Serpa within 12 months. McCabe, who was severely intoxicated, apologized and said he did not intend to harm her. The court warned that a future conviction could lead to jail.

2017-07-12 · Dublin

Gardai made drugs bust after stopping driver for using mobile phone

John O'Keefe, 26, was stopped by Garda Stephen Connor after the officer observed him using a mobile phone while driving a van toward Dublin city centre. O'Keefe was found to be transporting drugs to pay off gambling debts incurred after his father's death in 2011. Garda Connor noted O'Keefe was extremely nervous and there was a strong smell of cannabis. The van was searched and a bag of 248 MDMA tablets, worth €2,480, and a bag of cannabis herb, worth €4,734, were seized. O'Keefe admitted he had been paid €200 to move the drugs, which he had picked up about half an hour earlier, and claimed he did not know the value of the drugs or who he was doing it for. He pleaded guilty to possession of drugs for sale or supply at the Dublin Circuit Criminal Court.

2017-07-08 · Dublin

Six seek legal aid for opposition to CAB claims over seized assets

The High Court is considering applications for legal aid from six individuals seeking to oppose Criminal Assets Bureau (CAB) claims that seized assets are proceeds of crime linked to the Kinahan cartel. The applicants—Kelly Quinn, Sean McGovern, Anita Freeman, James Byrne, Sadie Byrne, and Liam Roe—argue they cannot afford representation in the complex proceedings. Ms. Quinn claims €8,000 seized from her home was a funeral collection for her late partner, David Byrne. James and Sadie Byrne contest claims regarding a Rolex watch, an Audemars Piguet watch, and a Lexus Jeep, asserting the items are not criminal proceeds. Mr. Roe denies gang membership while contesting the seizure of an Audi A5 and Kawasaki motorbike. Mr. McGovern and Ms. Freeman oppose claims that their shared property and a BMW are criminal assets. CAB opposed the applications, alleging the applicants' lifestyles and travel histories, including flights to the US, UK, and Spain, are inconsistent with their declared incomes. CAB also cited property sales and tax settlements by the Byrnes. Ms. Justice Carmel Stewart reserved her decision on the legal aid applications, with judgment expected later this month. The matter remains at the hearing stage, with no final determination on the underlying asset claims.

2017-06-16 · Dublin

Pro boxer involved in Copper's assault asks court to strike out charges

Jamie Kavanagh, a professional boxer, pleaded guilty at Dublin Circuit Criminal Court to assaulting a doorman and engaging in threatening or abusive behaviour on Harcourt Street on September 23, 2014. Prosecutors alleged Kavanagh was part of a group that attacked staff at Copper Face Jacks nightclub, though his defence argued he played a minimal role and made no physical contact. Kavanagh's lawyers requested the court strike out the indictment to avoid a conviction that could jeopardise a significant three-year US contract. Judge Elma Sheahan adjourned the case to July 21 to allow the DPP to provide instructions on whether the Circuit Court has jurisdiction to strike out the charges, a power typically associated with the District Court. The judge also suggested Kavanagh provide 20 hours of coaching to a local amateur boxing club. Background persons Paul Rice and Mark Carlyle, identified as the instigators of the violence, were previously jailed after pleading guilty to violent disorder. Rice received a three-year sentence with the final year suspended, while Carlyle received five years with the final 18 months suspended. The matter remains adjourned pending further legal instructions.

2017-05-26 · Dublin

Robber posing as garda quoted sections of law

Gary Kearney, 25, a serial offender with 160 prior convictions, was found guilty of robbery, false imprisonment and theft after he and an accomplice posed as undercover Gardaí, quoting sections of law, and handcuffed a man on Millennium Bridge in Dublin. The victim feared being pushed into the Liffey while handcuffed. Kearney's history includes assault, animal cruelty, robbery, theft, burglary, criminal damage and public order offences. He pleaded guilty at Dublin Circuit Criminal Court. Judge Melanie Greally, after hearing evidence, noted Kearney's "appalling record of offending" and his need to address addiction issues. She suspended a four‑year sentence on strict conditions, including attendance at AA meetings, and ordered two years of probation supervision. The accomplice fled and was not charged. The victim accepted Kearney's apology and expressed no desire to see him in custody.

2017-05-24 · Dublin

Teen who robbed garage while on bail has jail time extended

Jamie Byrne, aged 20, had his jail term extended by one year after taking part in an attempted robbery of a newsagents and a robbery of a Texaco garage while awaiting sentence for an earlier attempted robbery of a bookmaker. He was already serving a two‑and‑a‑half‑year sentence for the bookmaker offence, which was due for release next month. Byrne pleaded guilty at Dublin Circuit Criminal Court to the two offences committed on 26 and 27 January 2016. Judge Karen O'Connor noted the impact on the businesses, including increased insurance premiums and staff loss, and emphasised that these were not victimless crimes. She imposed a consecutive two‑and‑a‑half‑year sentence, suspended the final 18 months on strict conditions, and ordered the return of €200 found on Byrne. Byrne has seven previous convictions and had been described as having a drug‑addiction history and a supportive family background.

2017-05-16 · Dublin

Thief swiped hot pants from back of delivery truck

Noel Dempsey, 61, was sentenced to 14 months in prison after pleading guilty to stealing four boxes of women's clothing, valued at €1,988, from the back of a delivery truck on Wicklow Street, Dublin, on 13 August 2013. Garda Joseph Heaphy reported that the lorry's tail lift had been tampered with and that CCTV footage identified Dempsey as one of two men who removed the boxes and drove away in a van linked to him. The van was found at Dempsey's home, where the stolen items were recovered. Dempsey's 99 prior convictions included 27 theft offences and 67 road traffic offences. Judge Karen O'Connor cited his health conditions, guilty plea, and bereavement as mitigating factors, noting that without them she might have imposed a two‑and‑a‑half‑year sentence. He has been in custody since January 2017 and was scheduled for release in February.

2017-05-11 · Dublin

Dublin man who smuggled IRA communiqué is found guilty of IRA membership

Brian Kenna, 54, of Crumlin Park, Dublin, was convicted by the Special Criminal Court of membership in the Irish Republican Army (IRA). Kenna had denied being a member of the unlawful organisation on 21 November 2015. The court heard testimony from Garda Assistant Commissioner Michael O'Sullivan, who believed Kenna was an IRA member on that date. Evidence included a briefing by Chief Superintendent Tom Maguire to the Special Detective Unit (SDU) that Kenna would be in Portlaoise prison engaging in IRA activities. CCTV footage showed Kenna arriving at Portlaoise prison at 10:20 am and leaving with white objects that were later identified as Christmas cards. While being searched in the prison carpark, a small item wrapped in cling film was found in Kenna's pocket. The item was an IRA communiqué containing three cigarette papers with handwritten notes. The message detailed a debriefing of three men who had been arrested after an intercepted IRA operation in Rathkeale, County Limerick.

2017-05-05 · Laois

"No-one ever suspects Santa of committing a crime": Christmas cards used as cover to smuggle IRA communique, prosecution submit

During the Special Criminal Court hearing on 5 May 2017, the prosecution alleged that Brian Kenna, 54, used Christmas cards to smuggle a "secret and sensitive" IRA communiqué out of Portlaoise prison. Prosecutor Ronan Kennedy presented CCTV evidence showing Kenna carrying fifteen Christmas cards and later being stopped in the carpark where a document fell from his right jeans pocket. Kennedy argued the pocket was not accidental and that Kenna was aware of the contents, describing the cards as a perfect cover for a sinister document. Kenna's defence, led by Siobhan Stack, contended that the case hinged on a single document that did not mention him or the Gardaí's interception, and that there was no evidence Kenna had seen it. Judge Tony Hunt remanded Kenna on continuing bail until the verdict next Thursday.

2017-05-03 · Dublin

Handwriting analysis of "IRA communiqué" inconclusive, trial hears

In a Special Criminal Court hearing, Brian Kenna, 54, pleaded not guilty to membership of the Irish Republican Army. The court considered handwriting evidence from an alleged IRA communiqué smuggled from Portlaoise prison. Detective Garda John Sweetman examined the communiqué, written on three cigarette papers, and compared it with Christmas cards Kenna carried. He concluded the comparison was inconclusive and could not reliably determine common authorship. The trial is set to resume on Friday morning before Mr Justice Tony Hunt, Judge John O'Hagan, and Judge Flann Brennan.

2017-05-02 · Laois

"Secret communiqué" to be delivered to dissident's NI leadership, IRA trial hears

The Special Criminal Court heard evidence regarding a secret communiqué allegedly smuggled out of Portlaoise prison by Brian Kenna. Kenna, who pleaded not guilty to membership of the IRA, was found with the document in his pocket during a search. Detective Chief Superintendent Tom Maguire testified that the message, written on cigarette paper, was a debriefing of three men involved in an intercepted IRA operation, intended for the group's leadership in Northern Ireland. The debriefing concerned Conor Hughes and Darren Fox, who admitted to the unlawful possession of a sawn-off shotgun and two shotgun cartridges in County Limerick, and James Smithers, who was found guilty of IRA membership. Maguire stated the debriefing was conducted by the IRA's commanding officer in Portlaoise prison and referenced three other leading members in Northern Ireland. Kenna was interviewed under Section 2 of the Offences Against the State (Amendment) Act, 1998, allowing inferences to be drawn from his silence. He denied travelling to the prison for IRA activities, claiming he visited in his capacity with the Irish Prisoners' Welfare Association to raise welfare concerns. Kenna stated he was unaware of the note, suggesting it may have been hidden among Christmas cards handed to him. The trial continues before Mr Justice Tony Hunt, sitting with Judges John O'Hagan and Flann Brennan.

2017-04-27 · Laois

Arrest of IRA accused lawful, court rules

In a Special Criminal Court hearing, judges ruled that the search and arrest of Brian Kenna, 54, were lawful. Kenna, who lives in Crumlin, Dublin, pleaded not guilty to membership of the unlawful organisation Oglaigh na hEireann (IRA). The court accepted that Detective Sergeant Padraig Boyce had reasonable suspicion to stop and search Kenna outside Portlaoise prison after an alleged IRA communiqué fell from his pocket. The judge confirmed Boyce's independent view that Kenna was an IRA member. The court will decide tomorrow on an application challenging the legality of the car search.

2017-04-26 · Dublin

Search of IRA accused unlawful, defence submit

In the Special Criminal Court, Brian Kenna, 54, of Crumlin, pleaded not guilty to membership of the Irish Republican Army (IRA) on 21 November 2015. The court heard that a detective searched Kenna outside Portlaoise prison after an alleged IRA communiqué fell from his pocket. On 26 April 2017, Kenna's solicitor, Siobhan Stack SC, argued that the search and arrest were unlawful, claiming the detective had only very general information and lacked sufficient suspicion to justify stopping and searching Kenna. Judge Tony Hunt, with Judges John O'Hagan and Flann Brennan, will decide the matter tomorrow.

2017-04-25 · Dublin

Man arrested "smuggling IRA communiqué out of prison", trial hears

Brian Kenna, 54, of Crumlin Park, was arrested by Gardaí while allegedly smuggling an IRA communiqué out of Portlaoise prison on 21 November 2015. He pleaded not guilty to membership of an unlawful organisation, namely Oglaigh na hEireann (the IRA). Detective Sergeant Padraig Boyce, of the Special Detective Unit, informed Kenna that he would be searched under Section 30 of the Offences Against the State Act. During the search, Kenna's jeans pockets yielded a small paper wrapped in cling film, which Boyce identified as an IRA communiqué. Kenna denied knowledge of the paper and laughed. He claimed he was visiting two prisoners, Tony Carroll and Kevin Devlin. The prosecution presented evidence that Kenna was a representative of the Irish Republican Prisoners' Welfare Association and that he was an IRA member on the date in question. The defence, led by Siobhan Stack SC, challenged the legality of the stop and search, the arrest, detention and seizure of Kenna's car.

2017-04-05 · Dublin

No jail for man who attacked barman and smashed up pub after being confronted over stolen bike

Craig Maloney, aged 21, and an accomplice stole bikes from two barmen at the George Bernard Shaw pub in Dublin. When confronted, Maloney kicked one barman in the eye and fled back to the bar, where they smashed glass bottles and he attacked a barman with a barstool. He pleaded guilty to theft and assault causing harm to Kevin Mangan in 2011. The court noted his prior convictions for minor offences, his epilepsy‑related withdrawal from football, and his involvement in drug and alcohol problems. Maloney also pleaded guilty to a robbery at Spar on Clogher Road, where he and an accomplice stole €358 and were confronted by Gardaí who used pepper spray. Judge Karen O'Connor sentenced him to 18 months for the assault and 2½ years for the robbery, suspending both terms on the condition that he remain out of trouble and maintain good behaviour. She highlighted his charity work and cooperation with probation services.

2017-04-03 · Dublin

Grandad returned to burgle restaurant where he'd applied for job

James Byrne, 45, was heard in the Dublin Circuit Criminal Court after he had applied for a job at a fast‑food restaurant and then returned to burgle the premises. Byrne left the restaurant after staff mentioned a possible driving position, but shortly thereafter he stole a bag of coins worth €95 from a back‑office area. He has 57 prior convictions and is currently serving a two‑year sentence for a burglary committed in November 2016. The court noted that Byrne's offences are usually opportunistic and lack sophistication, and that he has targeted non‑dwelling premises such as schools and churches. Byrne pleaded guilty to the burglary at BASE Pizza in Terenure on 19 June 2016. Garda James Duffy presented CCTV footage and Byrne's full admissions. The judge adjourned sentencing to 26 May 2017 to allow a probation report to be prepared.

2017-03-30 · Dublin

Man caught with firearm after going into "emotional tailspin" at death of "close friend" David Byrne

In March 2017, Richard O'Reilly, aged 32, was sentenced to six years' imprisonment after Gardaí seized a Glock semi‑automatic pistol and ammunition from his vehicle during a surveillance operation. O'Reilly, who had been grieving the death of his close friend David Byrne, pleaded guilty to possession of the weapon in suspicious circumstances. He claimed the loss of Byrne was the sole trigger for his possession of the gun, stating he had no financial motive and that the offence was not gang‑related. The judge noted O'Reilly's lack of prior convictions, good work record and cooperation with Gardaí as mitigating factors, but inferred from the evidence that he intended to use the weapon if the opportunity arose. The sentence was back‑dated to the date of his arrest. O'Reilly had previously been convicted of possession of stolen property and had been in custody since his arrest. The case was heard in the Dublin Circuit Criminal Court.

2017-03-16 · Dublin

Taxi driver drove to garda station during robbery

Paul Cullen, 38, of Cashel Road, Crumlin, was sentenced at Dublin Circuit Criminal Court for robbery. He pleaded guilty to robbing a taxi driver at an unknown location on October 31, 2015. The court heard that Cullen threatened the victim, who noticed blood on Cullen's hand and a weapon in his waistband, before taking €25 in cash. The driver drove to Sundrive Road Garda Station, where Cullen was apprehended. A DNA match was later found on a receipt book in the vehicle. Cullen, who has previous convictions for robbery, attempted robbery, and assault, stated his drug addiction and debt motivated the offence. He expressed remorse and co-operated with the investigation. Judge Melanie Greally noted Cullen's history demonstrated a capacity for violence when under the influence of drugs. However, she acknowledged he had addressed his addiction in prison and desired residential treatment. Judge Greally imposed a four-year sentence, suspending the final 18 months on the condition that Cullen attends residential drug treatment upon release and remains there until the program is complete.

2017-03-14 · Dublin

Jail for schizophrenic man who punched passing pensioner off bicycle

Ruzmond Muwaniri, a 27‑year‑old Zimbabwean man with schizophrenia, was sentenced to three and a half years in prison for two separate assaults in March and May 2015. The first involved punching a 67‑year‑old pensioner off his bicycle on Cheeverstown Road, Tallaght, causing the victim to lose consciousness and suffer a broken eye socket, cuts and bruises. The second assault was a punch to the face of a man named Aidan Green, breaking his top front teeth; Muwaniri claimed he believed Green was racially abusing him. Muwaniri had missed several medication appointments before the incidents. Judge Melanie Greally imposed a total sentence of 42 months, suspending the final 18 months on strict conditions, including regular psychiatric treatment and adherence to prescribed medication. He has 60 prior convictions, including a 2013 two‑year sentence for assaulting his partner. The court noted his history of missed medication appointments and the need for multidisciplinary support upon release. Ruzmond Muwaniri pleaded guilty.

2017-03-10 · Meath

Convicted burglar jailed for handling safe stolen from "Voice of Ireland" star

Michael Fagan (25) of Sperrin Road, Drimnagh, Dublin, was sentenced at Dublin Circuit Criminal Court to two years' imprisonment for handling stolen property. Judge Elma Sheahan reduced a recommended three-year term to two years following mitigation. Fagan pleaded guilty to possessing a safe stolen from the Co. Meath home of Mark Guildea on May 5, 2014. Detective Garda Brian McCarthy testified that Fagan dropped the safe from a third-floor balcony at Rathmines flats complex on the night of the burglary, scattering items including shotgun cartridges. Fagan, who has 51 previous convictions, was not charged with the burglary itself. Separately, Dean Fagan (28) of Kildare Park, Crumlin, Dublin, and Daryl Smith (25) of Shancastle Lawns, Clondalkin, Dublin, were jailed at Trim Circuit Criminal Court after pleading guilty to carrying out the aggravated burglary at Irishtown, Ashbourne, on the same date. The court noted that the original burglary involved the victim's wife and child being tied up. Michael Fagan's defence counsel highlighted his desire to live a sober life, while the judge acknowledged his mitigation.

2017-03-03 · Meath

Safe from "Voice of Ireland" star's home dropped from third-floor balcony, court hears

Michael Fagan (25) of Sperrin Rd, Drimnagh, Dublin, was sentenced at Dublin Circuit Criminal Court after pleading guilty to possession of stolen property. The offence involved a safe stolen from the Co. Meath home of Mark Guildea on May 5, 2014, which Fagan dropped from a third-floor balcony at Rathmines flats complex on the same night. Detective Garda Brian McCarthy testified that items, including shotgun cartridges, scattered after the drop. Fagan, who has 51 previous convictions, was jailed for the handling offence. Separately, at Trim Circuit Criminal Court, Dean Fagan (28) of Kildare Park, Crumlin, Dublin, and Daryl Smith (25) of Shancastle Lawns, Clondalkin, Dublin, were jailed after pleading guilty to carrying out the aggravated burglary at Irishtown, Ashbourne, on May 5, 2014. The court heard that the victims, including Guildea's wife and child, were tied up during the incident. Michael Fagan was not charged with the burglary itself. Judge Elma Sheehan presided over the sentencing in Dublin, while the Trim court handed down the sentences for Dean Fagan and Smith. All three individuals received custodial sentences for their respective convictions.

2017-03-02 · Dublin

Serial offender claimed to be garda, took part in handcuffing and robbing man in city centre

In a Dublin Circuit Criminal Court hearing, Gary Kearney, aged 25, admitted to robbing a man on Millennium Bridge in the early hours of 11 September 2016. Kearney, who has 160 prior convictions including assault, robbery, theft, burglary, criminal damage and public order offences, claimed to be an undercover Garda before handcuffing and robbing the victim. He and an accomplice used handcuffs and quoted sections of law to intimidate the man, who feared being pushed into the Liffey. They removed his phone, travel and bank cards, returned the cards after the victim demanded them back, but re‑handcuffed him when he asked for his phone. Kearney pleaded guilty to robbery, false imprisonment and theft. Judge Melanie Greally adjourned sentencing to May to allow Kearney to attend a 12‑week residential treatment programme at Cuan Mhuire. The accomplice fled and has not been charged.

2017-03-02 · Dublin

Man who threw glass and injured innocent bystander avoids jail

In a Dublin Circuit Criminal Court hearing on 2 March 2017, Mario White, aged 20, pleaded guilty to assault causing harm after he threw a glass bottle into the smoking area outside La Fayette bar on 28 March 2015. The bottle struck Warren McKeown, who sustained tendon damage to his left thumb and forearm, impairing his plumbing work and requiring surgery. Judge Gerard Griffin described White's conduct as reckless and gratuitously violent, but, citing his early guilty plea and remorse, suspended an 18‑month prison sentence for two years. White was ordered to pay €2,500 to McKeown. The court noted that White had been on bail for a robbery offence committed on 25 November 2013, when he was still a juvenile. Security staff had restrained White until Gardaí arrived, and McKeown received eight stitches in hospital. The judge warned that any future offence would result in imprisonment.

2017-02-15 · Dublin

Zimbabwean man suffering from schizophrenia punched passing pensioner

Ruzmond Muwaniri, 27, a Zimbabwean man with schizophrenia, pleaded guilty to assault causing harm to two men in separate incidents on 9 March 2015 and 21 May 2015. He had missed several medication appointments around the time of the assaults. In the first incident, he punched a 67‑year‑old pensioner on Cheeverstown Road, Tallaght, knocking him off his bicycle and causing a broken eye socket and other injuries. In the second, he punched a man named Mr Aidan Green in the mouth, breaking his top front teeth. Muwaniri claimed he believed the victims were racially abusing him. He has 60 prior convictions, including a 2013 two‑year sentence for domestic violence. The case was adjourned to seek guidance on a care package for Muwaniri before sentencing next month.

2017-02-08 · Dublin

Gardai had to pepper spray armed youths, court hears

In a court hearing on 8 February 2017, it was reported that Garda Cathal McGeoghan had to deploy pepper spray three times against two youths during a robbery at a Spar shop. Craig Moloney, aged 21, was armed with an iron bar, while his accomplice carried a meat cleaver. The incident occurred when the pair had just stolen €358 from the cashier. McGeoghan, fearing for his safety, used pepper spray to subdue Moloney, who then attempted to assault the Garda with a bar. The accomplice, wielding the cleaver, was also pepper‑sprayed and fled before being arrested with the aid of a Garda helicopter. Moloney, previously convicted of theft and assault, will be sentenced in May 2017. The court noted his earlier convictions and the Garda's actions during the arrest. Craig Moloney pleaded guilty.

2017-01-11 · Dublin

Boxer avoids jail after admitting making threats to kill

Evan Metcalfe, a 22‑year‑old boxer from Crumlin, pleaded guilty in Dublin Circuit Criminal Court to making threats to kill on two occasions. The first threat was made at a house in Walkinstown on 19 August 2013, when he allegedly pointed a gun at a former Russian soldier, though no weapon was recovered. The second threat occurred on 6 July 2015 at the Ashleaf shopping centre, where he told a mobile‑phone shop manager that he would "get" him after work and threatened to "brain" him. Gardaí found €340 worth of cannabis in Metcalfe's home during a search. Judge Petria McDonnell imposed an 18‑month suspended sentence, requiring payment of €2,000 in compensation to the victim. The sentence was given on the condition that Metcalfe does not reoffend, with the judge warning that further offences would result in full custodial time. The case highlights the court's concern that his conduct was inconsistent with the discipline of boxing. Evan Metcalfe was convicted.

2017-01-11 · Dublin

Teen binged on drugs, gambling and Playstation after former employer mistakenly lodged €20k to his account

Karl Smith, a 19‑year‑old former employee of Industrial Insulation Specialists, was mistakenly credited with almost €20,000 when his former employer transferred his wages incorrectly. Smith, who had a €1,000 drug debt and was described as being in a very low place, withdrew most of the money in three transactions and spent it over three weeks on drugs, gambling, a new bed and a PlayStation. He pleaded guilty to theft of the cash from his former employer, John Naughton, on 21 January 2016. The court noted Smith's chronic social anxiety and low self‑esteem, and sentenced him to four years' imprisonment with the final two years suspended. No repayment has been made and the money has not been recovered.

2016-12-22 · Dublin

"I love you": last words mother heard from Dale Creighton(20)

Seven defendants appeared before the Central Criminal Court for sentencing following the death of Dale Creighton, who died from blunt force injuries sustained during an assault on a Tallaght footbridge on New Year's Day 2014. Originally charged with murder, the group pleaded guilty to lesser offences on the 15th day of their trial. Graham Palmer, Ross Callery, Gerard Stevens, Jason Beresford, and David Burke each pleaded guilty to manslaughter. Jason Beresford also pleaded guilty to violent disorder, as did Aisling Burke. James Reid pleaded guilty to possession of a knife with a blade or sharp point. The court heard victim impact statements from Creighton's parents, who expressed their enduring grief and stated they would never forgive those responsible. Counsel for the defendants submitted mitigation, noting that most expressed remorse and had no prior convictions. Aisling Burke's counsel highlighted her status as a mother and her early plea. Graham Palmer's counsel noted his cooperation with Gardaí and admission of involvement in punching and slapping the deceased. David Burke's counsel argued he did not cause serious harm and attempted to stop others. The judge is now considering appropriate sentences for these admitted offences.

2016-12-21 · Dublin

Bail refused for man charged with murder at Regency Hotel

Patrick Hutch, 24, from Champions Avenue, was denied bail by the Central Criminal Court after being charged with the murder of David Byrne, 34, at the Regency Hotel in Dublin. Byrne was shot dead during a boxing weigh‑in on 5 February by a gang of heavily armed raiders. Hutch also faces two Firearms Act charges for unlawfully possessing three assault rifles. The court, citing Section 2A of the Bail Act, remanded him in custody pending a trial in the Special Criminal Court expected to last three to four weeks.

2016-12-15 · Dublin

Dublin man facing 10-year mandatory minimum sentence over "Crumlin/Drimnagh" shooting

James Walsh, 30, pleaded guilty to possession of a pistol firearm with intent to endanger life at the Church of the Transfiguration, Clondalkin, on 26 March 2014. The offence arose from a shooting that occurred at the church that evening. Walsh's plea was accepted by the Director of Public Prosecutions and a nolle prosequi was entered on a count of attempted murder of Michael Frazer, 37, who was shot and later presented to Clondain Garda Station bleeding and distressed. Walsh had a prior firearms offence in 2006, for which he was convicted in 2007. Counsel for the DPP argued that a mandatory minimum of 10 years applies to a second firearms offence under legislation enacted 1 November 2006. Counsel for Walsh contended that the court was not bound to impose the minimum and urged consideration of his guilty plea and rehabilitation efforts. Judge Patrick McCarthy noted the seriousness of firearms offences and the limited discretion in sentencing.

2016-12-14 · Dublin

Suspended sentence for man who took part in violent unprovoked assault

Noel Murtagh, 29, pleaded guilty to assaulting Christopher and Joseph Lennon on Camden Street, Dublin, on 26 June 2014. The assault was unprovoked and involved punching and kicking the brothers. Joseph Lennon suffered a badly broken jaw, requiring metal plates and still cannot fully open his mouth. Murtagh's co‑accused, Michael Coleman, was found to have caused the more serious injuries, including punching and kicking Joseph Lennon while he was on the ground. Coleman was jailed for 18 months in July 2015. Judge Melanie Greally accepted evidence that Coleman was the instigator and that Murtagh's role was less violent. She sentenced Murtagh to a three‑year prison term, suspended in full, and ordered 240 hours of community service within 12 months. The court noted a probation report indicating Murtagh was at low risk of re‑offending and had shown appropriate shame for his actions.

2016-12-07 · Offaly

GP denies writing suicide note before death of disabled child

Bernadette Scully, a 58‑year‑old GP from Offaly, is on trial for the manslaughter of her 11‑year‑old profoundly disabled daughter, Emily Barut, who died on 15 September 2012 after receiving an excessive dose of chloral hydrate. Scully denies writing a suicide note before Emily's death, saying she wrote it only after the child passed. She testified that she had been off work for six months but had returned to work the Friday before Emily's death. Scully described the night of the death, stating she gave Emily a 10‑ml dose of chloral hydrate, then later an additional 5‑ml dose, and that Emily's seizures continued. She claimed she was overwhelmed and could not help her daughter, and that she had attempted suicide twice after Emily's death. The trial is being heard at the Central Criminal Court, with Tara Burns SC cross‑examining her.

2016-12-07 · Offaly

GP accused of killing disabled daughter takes to the stand at her trial

Bernadette Scully, a 58‑year‑old GP from Offaly, is on trial for the manslaughter of her 11‑year‑old daughter Emily Barut, who was profoundly disabled. Scully was charged with unlawfully killing Emily by giving her an excessive dose of chloral hydrate on 15 September 2012. She pleaded not guilty and is being tried at the Central Criminal Court. In her testimony, Scully described the emotional impact of learning that her baby had severe mental retardation after IVF treatment and two miscarriages. She recounted that Emily was born without crying, had feeding difficulties, fell asleep at two weeks old, and was taken to a Dublin hospital where doctors warned of severe mental retardation, possible epilepsy, and other developmental problems. Scully expressed that her world fell apart after receiving these diagnoses. She will continue her evidence before Mr Justice Patrick McCarthy and a jury of seven women and five men.

2016-12-01 · Westmeath

Gunman shot himself in leg while trying to escape scene, State would have argued

The Central Criminal Court heard that James Walsh, aged 30, pleaded guilty to possession of a pistol with intent to endanger life after a shooting at the Church of the Transfiguration in Clondalkin on 26 March 2014. The prosecution argued that Walsh shot himself in the leg while escaping the scene, an act supported by circumstantial evidence including CCTV, ballistic and DNA findings linking a blue Fiat Stilo to the crime scene and to Walsh. Witnesses described a man in black and a Mini Cooper involved in the incident. Walsh was arrested on 5 December 2014 and remanded in custody pending the remainder of his sentence hearing on 14 December. The court noted his prior convictions, including a Firearms Act offence that could impose a mandatory minimum of ten years in prison. The case also involved a nolle prosequi on a separate attempted murder count against Walsh.