Court archive
Court reports mentioning Craughwell, Galway
2025-02-14 · Galway
The Court of Appeal has reserved its judgment in an appeal brought by the State against a High Court decision regarding an action filed by Independent Senator Gerard Craughwell. Sen Craughwell alleges that a secret international agreement exists allowing the RAF to intercept rogue aircraft in Irish airspace, claiming such an arrangement is unconstitutional unless approved by referendum. The State, represented by Brian Kennedy SC, argued that the claims are political rather than legal and therefore not justiciable. Counsel for the State contended that the plaintiff's pleadings contained only "bare assertions" without sufficient factual basis to meet the threshold for trial, noting that the State could neither confirm nor deny the alleged security arrangements due to sensitive policy. Conversely, Gerard Humphreys, counsel for Sen Craughwell, argued that the existence of an arrangement requiring constitutional approval was evident from previous Dáil statements by then-Taoiseach Bertie Ahern. He maintained that the Government's failure to control airspace breached the Constitution and requested the court to force the State to admit or deny the existence of a treaty. The three-judge panel, including Mr Justice Charles Meenan, heard these arguments on the preliminary issue of justiciability. If the State succeeds, the case will fall before a full hearing. The court has reserved its judgment on this appeal.
2024-07-08 · Galway
The State has failed in a preliminary application to have a judge rule on the justiciability of Senator Gerard Craughwell's constitutional challenge regarding an alleged secret arrangement with the UK. In a hearing before Mr Justice Brian Cregan, the judge refused the defendants' motion to determine the issue of law in advance of the full hearing. The State and the Government, represented as defendants, argued that the senator's claims were not justiciable and that reviewing matters of external security would endanger State security. However, the judge noted that the defendants had not accepted the facts as pleaded by the senator, specifically the existence of an alleged international agreement allowing the RAF to intercept aircraft in Irish airspace. Citing case law, the judge stated that acceptance of the plaintiff's case as pleaded is a precondition for a preliminary trial. He further observed that the senator's case was clearly stateable and not bound to fail, and that evidence was required before the court could reach a conclusion. The judge ruled that the application for the trial of the preliminary issue must be refused. The matter was adjourned for a week to allow the parties to consider the decision. Senator Craughwell, who claims the alleged agreement is unconstitutional and was never put before the Dáil, seeks declarations that the arrangement breaches the Irish Constitution and an order restraining the government from legislating on the matter without a referendum.
2023-10-31 · Galway
Brian Shaughnessy, a former hotelier, has failed in his second appeal to overturn his conviction for raping a 17-year-old part-time employee in the presidential suite of the Loughrea Hotel and Spa in July 2010. Shaughnessy was convicted by a jury in March 2013 and sentenced to six years, with one year suspended. His initial appeal was rejected in April 2020, but the case was sent back to the Court of Appeal following a Supreme Court ruling. In his appeal, Shaughnessy claimed that his legal team did not adequately represent him and that a timeline, potentially containing a missing hour and 15 minutes, was not properly addressed in cross-examination. He also alleged that the timeline was only mentioned in a defence speech to the jury. His former legal team denied any claims of incompetence. At the second appeal hearing, Shaughnessy claimed he provided critical documents to his legal team, including key card and phone records, which he said were not used in the trial. However, the Court of Appeal President, Mr Justice George Birmingham, dismissed the appeal, stating that the court was not persuaded that the trial was unfair or that the legal team's performance rendered the conviction unsafe. The court noted that Shaughnessy had not provided a specific account of the time spent in the suite and that the significance of the timeline was diminished due to the lack of a clear alternative explanation. The matter was adjourned and never described as concluded or finalised.
2023-10-12 · Galway
In a pre-trial hearing, Mr Justice Rory Mulchay directed that a preliminary trial be held to determine the State's argument that an action brought by Independent Senator Gerard Craughwell is non-justiciable. Senator Craughwell alleges that an unapproved arrangement allows the Royal Air Force to intercept aircraft in Irish airspace, claiming this is unconstitutional and requires a referendum. The Government and State oppose the action, denying any improper conduct and arguing that courts cannot review matters of external security falling within executive powers. The judge accepted that the defendants' claim of non-justiciability should be heard by way of a preliminary trial, citing the sensitivity of the issues and the potential to resolve legal questions without trespassing on security matters. However, the court rejected the defendants' request to determine a second related issue regarding the review of external security proceedings, finding it lacked sufficient agreed facts. The judge noted that if the preliminary trial does not resolve the proceedings, the question of a modular trial may be revisited. The matter was adjourned to return before the judge at a later date for final orders.
2023-06-09 · Galway
The High Court has set a date for the State's bid to halt a constitutional challenge brought by Independent Senator Gerard Craughwell. The applicant alleges an unlawful and unconstitutional 'secret arrangement' exists between Ireland and Great Britain, permitting the Royal Air Force to intercept aircraft in Irish airspace. Senator Craughwell claims this purported agreement, allegedly introduced following the 2001 attacks, was never approved by the Dáil or the Irish people via referendum, rendering it fundamentally incompatible with the Constitution. The Government and the State, which do not confirm or deny the existence of the alleged agreement, have filed a defence denying any improper or unconstitutional conduct. Before Mr Justice Brian O'Moore, the judge fixed two days in early October for a hearing on a preliminary issue raised by the State. The respondents argue the claims are not justiciable, submitting that courts cannot review matters of external security falling within executive power, as disclosure could endanger State security and international relations. Should the State succeed in this pre-trial application, Senator Craughwell's case will fall. His legal team is opposing the motion. The senator seeks declarations that the alleged agreement breaches the Constitution and that the Government's failure to control airspace violates Article 5. He also seeks an order restraining the government from legislating to give effect to the agreement without a referendum. The matter is currently at the hearing or decision stage regarding this preliminary application.
2023-05-22 · Galway
Independent Senator Gerard Craughwell, the applicant, brought proceedings against the Government of Ireland, Ireland, and the Attorney General, alleging a 'secret arrangement' allows the Royal Air Force to intercept aircraft in Irish airspace. He claims this purported agreement is unconstitutional, unlawful, and was never approved by the Dáil or a referendum. The State, which neither confirms nor denies the existence of the alleged arrangement, filed a defence denying any improper or unconstitutional conduct. The State brought a pre-trial motion arguing that matters of external relations and security are not justiciable and cannot be reviewed by the courts. Senator Craughwell's legal team opposed the motion, asserting the case is urgent and of public importance. The matter was heard before Ms Justice Eileen Roberts at the High Court, where counsel for the respondents estimated the hearing would take two days. Ms Justice Roberts stated she was not in a position to fix a hearing date for the motion and adjourned the matter to a date in June. The case remains at the pre-trial motion stage, with a hearing date to be fixed when the matter returns before the court.
2023-02-24 · Galway
Senator Gerard Craughwell, represented by Richard Bowman of Bowman McCabe solicitors, has brought High Court proceedings against the Government of Ireland, Ireland, and the Attorney General. The applicant alleges that a purported secret agreement, established over 20 years ago following the 2001 terrorist attacks, unlawfully permits the Royal Air Force to intercept aircraft in Irish airspace. Senator Craughwell claims this arrangement is unconstitutional and was never approved by the Dáil or the Irish people via referendum. He asserts that the agreement constitutes an unlawful abdication of the Government's constitutional duties and a breach of Articles 1, 5, 6, 13, 15, and 28 of the Constitution. The Government has filed a defence, raising preliminary issues including whether the Senator has the legal standing to bring the challenge. The case is currently at the hearing or decision stage, with the matter listed before the High Court on Monday. At this procedural stage, the court is expected to consider further legal directions and a potential hearing date for the action, which the Senator seeks to be heard as soon as possible. The applicant seeks declarations that the agreement is impermissible and an order restraining the government from legislating to give it effect without a referendum. The matter remains ongoing, with no final judgment or sentence issued at this stage.
2022-11-14 · Galway
Brian Shaughnessy, aged 56, was convicted in March 2013 of raping a 17‑year‑old employee at his Loughrea Hotel and Spa. He received a six‑year sentence with one year suspended, imposed by Mr Justice Garrett Sheehan on 10 June 2013. Shaughnessy appealed, claiming his defence counsel was incompetent and that a missing 1 hour 15 minutes in the timeline undermined the victim's account. The Court of Appeal rejected the appeal in April 2020. He then applied to the Supreme Court, which remitted the case back to the Court of Appeal in March 2023. The Court of Appeal today reserved judgment, noting that the evidence presented did not establish incompetence of his legal team. Shaughnessy must now await the final decision on his appeal.
2022-07-26 · Galway
Brian Shaughnessy, a former hotelier aged 55, was convicted in March 2013 of raping a 17‑year‑old employee at his Loughrea Hotel and Spa. He was sentenced to six years' imprisonment with one year suspended. Shaughnessy appealed, claiming his defence counsel had not adequately presented his version of events, particularly a two‑hour period he alleged the victim spent in the room after the assault. He argued that key card and phone records, which he supplied to his lawyers, were not examined by the jury. His appeal was rejected in April 2020, but he successfully applied to the Supreme Court, which sent the case back to the Court of Appeal in March 2023. At the Court of Appeal, Shaughnessy reiterated that his defence was not put to the jury and that the two‑hour claim had been raised repeatedly with his legal team, yet was not pursued during the trial.
2020-02-27 · Galway
Brian Shaughnessy, a 53‑year‑old former Galway hotel owner, was convicted of raping an employee in the Loughrea Hotel and Spa's Presidential Suite after buying her drinks and asking to confide in her. The Central Criminal Court jury found him guilty on 26 July 2010, and he received a six‑year sentence with the final year suspended by Mr Justice Garrett Sheehan on 10 June 2013. Shaughnessy has now lodged an appeal, arguing that his previous legal team failed to prepare or conduct his defence adequately. His new barrister, Hugh Hartnett SC, claims new evidence was omitted from the transcript and that the trial judge mis‑informed the jury about the victim's demeanour. The Court of Appeal will consider these arguments, with counsel for the former team and the Director of Public Prosecutions presenting counter‑arguments, and the court has reserved its judgement. Brian Shaughnessy pleaded not guilty.
2020-01-28 · Galway
Alan Craughwell (35) of Athlone, Co Westmeath, pleaded guilty to dangerous driving causing serious bodily harm following a collision with a nurse on December 24, 2017 at Taghmaconnell, Co Roscommon. He had been travelling with more than twice the legal alcohol limit and narrowly missed six oncoming vehicles before striking the victim's car. The Circuit Court imposed a fully suspended two-and-a-half year sentence in May 2019. The Court of Appeal found this sentence unduly lenient and re-sentenced Craughwell to two-and-a-half years imprisonment with the final 15 months suspended. Mr Justice George Birmingham described the driving as "sustained, rank bad driving" rather than isolated poor judgement. The victim, a nurse, sustained serious injuries including fractured ankles and experienced significant disruption to her working life and family activities. Craughwell's ten-year driving ban remained in effect, and he was required to enter a good behaviour bond for the suspended portion of his sentence. Alan Craughwell had the case dismissed.
2017-10-17 · Galway
In October 2017, a court was asked to make no order against Kieran Lynch, a 50‑year‑old Limerick man who had previously killed his partner, Catherine McEnery, aged 36. Lynch had been sentenced to life in prison in March 2007 after a Central Criminal Court jury found him guilty of murder. He successfully appealed the conviction in 2013, arguing issues with the trial judge's charge to the jury on provocation and the introduction of fresh evidence. The Court of Criminal Appeal quashed the conviction, and Lynch was re‑arraigned in May 2016, pleading not guilty to murder but guilty to manslaughter. He was sentenced to 12 years, with the last four years suspended for two years post‑release. In July 2016, Lynch entered a bond to be of good behaviour for two years and comply with probation directions.
2017-07-31 · Limerick
Kieran Lynch, 50, had his 2007 murder conviction quashed after a successful appeal and was later convicted of manslaughter for the death of his partner, Catherine McEnery, in 2005. In July 2016, the Central Criminal Court sentenced him to 12 years' imprisonment, with the last four years suspended for two years post‑release. He was required to remain in good behaviour for two years and attend probation appointments. The court heard that Lynch has not complied with these conditions, failing to attend four probation appointments and not residing at the address specified. On an application by the prosecution, Mr Justice Patrick McCarthy set a hearing for 9 October and ordered that Lynch be served notice of that date. The case remains at the suspended‑sentence compliance stage. Kieran Lynch pleaded not guilty.
2017-01-17 · Galway
Edward Hanrahan faced the Court of Appeal in January 2017 following the dismissal of his judicial review proceedings in the High Court. Originally charged with three burglaries in Galway District Court in December 2009, Hanrahan absconded before his scheduled March 2010 hearing. He evaded gardaí for several years across multiple counties before being apprehended in a Donegal village in November 2014 whilst allegedly attempting to cross the border. Upon his recapture, two charges were withdrawn but one remained. The Director of Public Prosecutions subsequently directed trial in the Circuit Court rather than summarily. Hanrahan contested this decision as unfair and sought judicial review. The High Court rejected his application, finding no procedural breach. The Court of Appeal unanimously upheld this judgment, with Mr Justice George Birmingham stating the uncertainty surrounding the original District Court proceedings could not benefit Hanrahan, who bore sole responsibility for his flight and consequent circumstances.
2016-12-02 · Galway
In a 2016 High Court ruling, Justice Marie Baker removed Kevin McGeever (also known as Kevin McKeever) as executor of the estate of the late Ms Siobhan O'Callaghan, who died in November 2013, and appointed solicitor Jim Trueick as an independent executor. O'Callaghan's 2006 will left most of her €525,000 estate to McGeever, but a 2014 judgment of €1.2 million against McGeever, obtained by businessman James Byrne over a failed Dubai apartment deal, prompted Byrne to seek McGeever's removal. Byrne feared McGeever might keep the estate assets beyond his reach. McGeever, who had been in a long‑term relationship with O'Callaghan, could not distribute the estate until further court orders. Medical evidence showed he suffers from stress‑related illness and high blood pressure. The judge noted that solicitors for McGeever claimed money owed from the estate, a claim to be resolved before any distribution. Trueick was empowered to address any such claims.
2016-10-14 · Galway
In a High Court hearing on 14 October 2016, Mr Justice Paul McDermott appointed solicitor Mr Hugh Kane of Kane Tuohy as a receiver on an interim basis over shares in Universal Assets Ltd, a Belize‑based company linked to former property developer Kevin McGeever. The shares, owned by Mr Robert Kearney, are alleged to be held by Mr McGeever as a beneficial owner and are connected to a mansion called 'Nirvana' on a five‑acre site in Craughwell, County Galway. Mr James Byrne, who obtained a €1.2 million judgment against Mr McGeever in 2014 over a failed Dubai apartment deal, sought the receiver's appointment to protect his position and recover the judgment. Mr McGeever's lawyers opposed the appointment, arguing no urgency and that Mr McGeever was seeking a valuation of 'Nirvana'. Mr Justice McDermott noted that no deed of trust or trustee details had been provided and adjourned the matter to 25 October 2016.
2016-10-11 · Galway
The High Court adjourned contempt proceedings against former property developer Kevin McGeever for two weeks. McGeever is accused of failing to give a truthful statement of his means when businessman James Byrne sought to recover a €1.18 million judgment against him. The failure led to committal proceedings. The adjournment allows McGeever to provide information on a property called 'Nirvana' in Craughwell, County Galway, and to transfer shares in Universal Assets Ltd to Byrne. If these steps are taken, the judge said the contempt application would not proceed. Byrne's judgment remains unsatisfied, and the court will not tolerate non‑compliance with its orders. McGeever's lawyer said he would give an undertaking that the property would not be sold while the matter is pending. McGeever previously pleaded guilty to wasting Garda time and received a two‑year suspended sentence. The case is before Mr Justice Paul Gilligan.
2016-07-28 · Galway
A 49‑year‑old Limerick man, Kieran Lynch, was freed after 11 years in custody following the quashing of his murder conviction. Lynch had originally been sentenced to life in prison in 2007 for the killing of his partner, Catherine McEnery, aged 36, at their home in Craughwell, Co. Galway. He appealed in 2013 on the grounds of misdirection by the judge and the influence of benzodiazepines he had received after a near‑drowning incident. The Court of Criminal Appeal quashed the conviction, and Lynch was re‑arraigned in May, pleading not guilty to murder but guilty to manslaughter. He was sentenced to 12 years, with the last four years suspended for two years post‑release, and was released after paying a €10 bond for good behaviour. The case highlighted the impact of drug influence on his actions and the severe injuries sustained by McEnery. The court noted the significant assault and the family's profound loss.
2016-07-18 · Galway
In July 2016, a 49‑year‑old Limerick man, Kieran Lynch, who had spent 11 years in prison after a murder conviction was quashed, was set to be sentenced for manslaughter. Lynch had originally been convicted of murdering his partner, Catherine McEnery, in 2005 and sentenced to life in 2007. He appealed in 2013, arguing issues with the jury charge on provocation and the introduction of new evidence. The Court of Criminal Appeal quashed the conviction, citing his near‑drowning experience and high‑dose benzodiazepine medication. In May 2016, Lynch pleaded not guilty to murder but guilty to manslaughter, and the State accepted his plea. He was before Justice Patrick McCarthy for sentencing, with the court hearing testimony about his intoxication, the assault, and the impact on McEnery's family. The sentence was to be announced on 28 July 2016.
2016-05-09 · Galway
In 2007, Kieran Lynch, aged 49, was convicted of murdering his partner Catherine McEnery and sentenced to life imprisonment by Mr Justice Paul Carney. Lynch had previously pleaded not guilty at a Galway Central Criminal Court hearing in July 2005. The couple had lived together for ten years and moved into Rose Cottage in Craughwell in June 2005; Ms McEnery was found dead in a bedroom on 17 July 2005. Lynch appealed in December 2013, arguing that the trial judge misdirected the jury on provocation and that fresh evidence of a near‑drowning experience and high‑dose medication should be considered. In July 2015, Mr Justice Donal O'Donnell quashed the murder conviction, citing misdirection on provocation. A retrial was ordered. On the day of the retrial, Lynch was arraigned, pleaded not guilty to murder but guilty to manslaughter, and was remanded in custody. Mr Justice Patrick McCarthy directed that a probation report be prepared for sentencing on 18 July.
2013-12-02 · Galway
In December 2013 a Limerick man, Kieran Lynch, aged 47, was ordered to await the outcome of his appeal after being sentenced to life imprisonment in March 2007 for the murder of his partner Catherine McEnery. Lynch had pleaded not guilty at a Galway sitting of the Central Criminal Court in July 2005. The appeal, heard by the Court of Criminal Appeal, focused on two main points: first, the alleged misdirection by Judge Paul Carney regarding provocation, and second, a motion to introduce fresh evidence about Lynch's recent near‑drowning experience and high‑dose medication that might have made him more susceptible to provocation. Lynch's counsel argued that this evidence could have rendered him more vulnerable to a loss of control. The State's counsel contended that the question was ambiguous and that no exceptional circumstances justified the new evidence. Judge Donal O'Donnell said the court would reserve its judgment. The case remains at the appeal stage.