Court archive

Court reports mentioning Galway

2019-06-27 · Galway

Injunction against well-known Galway pub lifted

In June 2019 a temporary injunction that had barred the owners and former operators of the Hole in the Wall Pub in Galway from transferring possession of the premises to anyone else was lifted after the parties reached an agreement. The injunction had been granted earlier in the month in favour of 15 former employees who had been dismissed abruptly in April when the pub closed. They had brought High Court proceedings alleging unlawful termination and had obtained an interim injunction against the pub's owner, Stephen Fahy, and his company, Stephen Fahy Ltd. The court, hearing the case on Thursday, was told by the defendants' counsel that the injunction could be removed if the parties consented and replaced with an undertaking. The defendants agreed that if the pub were leased to another party they would inform the plaintiffs within seven days of the lease's execution.

2019-06-10 · Leitrim

"Psychic" guilty of €1.6m deception

A man from Aughavas, County Leitrim, has been convicted of theft and money laundering totalling €1.6 million at Dublin Circuit Criminal Court. Simon Gold, aged 54, had pleaded not guilty to 22 charges including money laundering, theft, deception, and control of false instruments spanning January 2010 to October 2012. Following over two weeks of evidence, a jury returned guilty verdicts on 20 counts after deliberating for more than 12 hours. The jury acquitted Gold on one count of deception relating to €28,000. The prosecution case outlined that Gold misrepresented himself as a qualified financier and merchant banker to secure large sums from investors who believed they were making down payments towards loans. One complainant transferred €1.6 million in October 2012 into what he thought was his own account but which Gold controlled. Gold was remanded in custody pending sentencing on 31 July.

2019-05-30 · Leitrim

Farmer tells trial of "fictitious" bank letter

A farmer from County Galway has given evidence at Dublin Circuit Criminal Court in the trial of a man charged with money laundering and related offences. The witness told the court that he had sought assistance in securing a €15 million loan to restructure substantial debts accrued through land purchases. He said he paid €28,000 to obtain purported proof of funds, but later received a fictitious letter from Irish Nationwide Bank bearing the signature of Simon Magnier, falsely confirming he and his father held over €961,000 in an account. The witness stated they had never banked with Irish Nationwide and the loan did not materialise. Simon Gold, aged 54, from Aughavas, County Leitrim, has pleaded not guilty to 22 charges including money laundering, theft, deception and control of false instruments alleged to have occurred between January 2010 and October 2012. The trial continues.

2019-05-10 · Laois

Man convicted of raping two prostitutes

Gheorghe Goidan, 46, was convicted of raping two Czech women who were working as prostitutes in Ireland. He had contacted them through the website "escortsireland.ie" and met each separately in hotel rooms. In each encounter he pulled a knife, threatened the women, and then sexually assaulted and raped them. Goidan had previously pleaded not guilty to rape and sexual assault at a hotel in Portlaoise on 7 September 2017, and had denied rape, oral rape and anal rape of a second woman at the Maldron Hotel in Galway on the same day. A jury at the Central Criminal Court found him guilty on all counts, including robbery. The trial revealed that the women had not known one another and had booked themselves into the hotel rooms via the website. Goidan's actions were traced through CCTV footage and the vehicle he used was linked to him.

2019-04-11 · Galway

Brothers receive apology over comments after cancellation of Galway marathon

In 2019, Galway City Council and Councillor Michael J Crowe issued an unreserved apology to athletes Paul and Richard Donovan after the brothers claimed they were defamed following the cancellation of the 2011 Galway City Marathon. The Donovans sued the Council and Crowe for defamation based on statements that they had delayed informing participants about the cancellation and had failed to honour a donation agreement with the Galway City Sports Partnership. Crowe withdrew the donation allegations on 11 August 2011 but did not apologise for the remarks. The High Court heard that the defamation actions had been settled, and a statement was read in court acknowledging that the Donovans had honoured their donation commitment and had communicated the cancellation promptly. The statement also admitted the earlier claims were false and included an unreserved apology. The court struck out the proceedings, and the Donovans expressed satisfaction with the retraction and apology.

2019-04-09 · Galway

Man sent boy (15) explicit invitation

Eddie Smith, 45, sent explicit Facebook messages to a 15‑year‑old boy inviting sexual activity, claiming the boy was "hot" and offering to meet at the Gay Pride Festival. The messages, sent at 3 am, also asked about the boy's penis size and feet. The boy did not reply and showed the messages to his older sister, who contacted Smith. Smith later claimed the messages were sent by mistake to a man with the same name. Garda Paul Dempsey obtained a warrant after Smith failed to attend a trial date; he was taken to hospital and later pleaded guilty to sexual exploitation for inviting a child to sexual activity on 19 June 2015. He has no prior convictions. Judge Sinéad Ní Chulacháin remanded him on bail until 1 July, ordering a probation report to assess his risk of re‑offending and to address his mental‑health issues. The case was prosecuted by Maurice Coffey BL.

2019-04-09 · Galway

Horse owner sues council over seizure and slaughter

In 2019, Mr Edward McDonagh of Galway sued Galway County Council, claiming wrongful seizure and slaughter of his thoroughbred stallion, Chief of Colours, seized in February 2018. He seeks judicial review orders and declarations that the council acted beyond its powers by refusing to release the horse and euthanising it to enforce a disputed debt. McDonagh also alleges the council's policy of detaining horses for unpaid fees and its failure to provide requested information violated his constitutional rights to fair procedure. He seeks damages for the unlawful slaughter. The council denies the claims, stating the seizure was lawful under the 1996 Control of Horses Act, citing breaches by McDonagh and lack of a valid horse passport. The case was opened in the High Court, with the judge reserving judgment until after Easter.

2019-03-29 · Dublin

Taxi driver denies exaggerating injuries and settles claim

A Dublin taxi driver, Derek Delaney (60), of Connolly Avenue, Inchicore Dublin 8, denied exaggerating his injuries after his vehicle was allegedly rear-ended by another taxi at Dublin Airport on June 27th, 2014. Mr Delaney claimed he suffered neck, shoulder, and soft tissue injuries, and sued Ibraham Enidunmo, with an address C/o Aviva Insurance, Knocknacarra, Galway, for negligence and breach of duty of care. He alleged the defendant failed to keep an adequate look out, caused the collision, and drove in a dangerous manner. The defendant denied the collision occurred as claimed. Mr Delaney stated he did not mention the pain to his GP initially but was later diagnosed with whiplash. He denied exaggerating his claim or that his account was close to fraudulent. He explained he contacted Aviva to resolve the matter without increasing his insurance premium. Counsel for the defendant questioned the lack of colour photos and the absence of damage to Mr Delaney's car in a picture taken by the defendant. Mr Delaney denied exaggerating his injuries and stated his condition was not normal prior to the incident. After cross-examination, the parties entered into talks and the matter was settled, with the case struck out with the consent of both parties.

2019-03-29 · Galway

Casino wins action over judge's refusal to recuse themselves from case

In March 2019, Midnight Entertainment Limited, operator of the 4 Aces Club in Galway, secured a court order quashing Judge Mary Fahy's refusal to recuse herself from a prosecution alleging the casino sold alcoholic beverages without a licence on 28 November 2015. The casino, which claims to be a private members club and therefore not required to hold a liquor licence, argued that Judge Fahy had previously made remarks in a 2015 case involving a company director, where she found the director guilty, imposed a six‑month suspended sentence, and stated that a "genuine casino" must have a licence. The casino contended that these remarks created a reasonable apprehension of bias, warranting the judge's recusal.

2019-03-21 · Galway

Conviction for murdering man who refused to withdraw garda complaint is upheld

In a case heard by the Central Criminal Court, Latvian national Andrejs Krauze, aged 33, was convicted of murdering fellow Latvian Juris Buls, aged 30, in County Galway on 7 or 8 July 2011. Buls had failed to report for a night shift at Titan Plastics and was later found dead in Funshion Woods. Witnesses testified that Krauze had entered Buls' home in February, confronted him over a car dispute, and after Buls filed a garda complaint of assault, Krauze strangled him and moved the body to the woods. Krauze pleaded not guilty but was found guilty by a jury and sentenced to mandatory life imprisonment on 29 March 2017. The Court of Appeal upheld the conviction, rejecting all grounds of appeal and confirming the fairness of the trial and the validity of the evidence presented. The appeal was dismissed by a three‑judge panel led by Mr Justice George Birmingham.

2019-03-19 · Galway

CEO resolves action against Harbour Company

In March 2019 the High Court heard that the Chief Executive Officer of Galway Harbour Company, Eamon Bradshaw, had settled the dispute that had been pending since last year. Bradshaw had previously obtained a temporary injunction preventing the company from terminating his employment, arguing that the company had launched a bogus redundancy scheme to end his three‑year fixed‑term contract signed in 2017. He had served as both Chairman and CEO of the firm that operates Galway Port. The case was scheduled for hearing before Mr Justice Senan Allen, but Mark Dunne BL, counsel for Bradshaw, announced that the matter had been settled and the injunction could be vacated. No further details of the settlement were disclosed to the court. The company had denied all of Bradshaw's claims, and the dispute was now concluded at the High Court stage.

2019-03-05 · Galway

Firm that lost out on exam-marking tender gets costs of action against SEC

The High Court has ruled that Galway-based KPW Business Forms Ltd, trading as KPW Print, is entitled to its legal costs in a judicial review action brought against the State Examinations Commission (SEC). Mr Justice Max Barrett held that the applicant, which had previously operated an online marking pilot scheme for the SEC, was entitled to costs estimated in the five figures. The case concerned the SEC's decision to award a €5m tender for an online marking system for Leaving and Junior Certificate exam scripts to a rival UK firm, RM Results. KPW Business Forms Ltd challenged this decision, alleging flaws and bias, while the SEC denied any wrongdoing. The proceedings became moot when the SEC withdrew the tender the month after the action was filed. The judge determined that the SEC's unilateral decision to withdraw the contract rendered the proceedings moot, rather than an external factor outside the parties' control. He noted that the SEC could have arrived at an alternative decision or engaged with the court within the tendering process. Consequently, the court rejected the SEC's argument that each side should bear its own costs and ordered the SEC to pay the applicant's legal costs.

2019-02-25 · Galway

Marking firm seeks costs against State Examinations Commission

Galway-based KPW Business Forms Ltd, trading as KPW Print, is seeking its legal costs in a judicial review case against the State Examinations Commission (SEC). The company, which had previously operated an online marking pilot scheme for the Leaving Cert and Junior Cert, challenged the SEC's decision to award a €5m tender for an online marking system to a rival UK firm, RM Results. KPW alleged the award was flawed and claimed bias. However, a month after KPW secured permission to bring the action, the SEC withdrew the tender, rendering the proceedings moot. The SEC denied KPW's claims and any wrongdoing in correspondence. At the High Court, KPW's counsel, James Doherty SC, argued the company was entitled to costs because the tender was cancelled due to their action, noting no formal reason was given for the withdrawal. The SEC opposed the application, with counsel Eileen Barrington SC arguing for an order that both parties pay their own costs. Mr Justice Max Barrett reserved his decision on the costs application, stating he would rule in two weeks. The matter remains pending this decision.

2019-02-22 · Galway

Former Ros na Rún actor jailed for "predatory" rape granted legal aid for appeal

Garrett Phillips, a former Ros na Rún actor, has been granted legal aid for an appeal against his conviction. Phillips, 47, of Galway, was found guilty by a Central Criminal Court jury of raping a 20-year-old woman in November 2015. He had pleaded not guilty to the charge and had no previous convictions. The Court of Appeal President, Mr Justice George Birmingham, approved legal aid for two counsel after Phillips' lawyer, Ange Bolly BL, demonstrated the appellant had no income or assets. Phillips is appealing his conviction, which has not yet been dated for hearing. He was originally sentenced to six years' imprisonment by Ms Justice Eileen Creedon, who described the act as a "callous rape" with a "predatory element." The court heard that Phillips offered the victim a lift home after she was upset in a park, but allegedly raped her in his van. Phillips claimed the encounter was consensual, stating it felt "chemical," while the victim reported waking to find him standing over her. She escaped, memorised the vehicle registration, and sought help. Phillips, a father of two who had been acting in London, was not present for this procedural hearing. The matter remains at the appeal stage, with the legal aid application now resolved to facilitate the upcoming Court of Appeal proceedings.

2019-02-06 · Galway

Director settles High Court action against EA

In February 2019, a High Court case involving Jean Philippe Grenet, director of Electronic Arts Ireland, was settled after a mediation before Mr Tom Mallon BL. Grenet, aged 56 and former Director of global delivery service, had previously secured an injunction preventing his dismissal from a €160,000 position. The settlement allowed all prior orders to be vacated and the case struck out. EA confirmed the withdrawal of the original termination and acknowledged Grenet's senior role in the customer experience team, wishing him well. No further settlement details were disclosed. Grenet had been dismissed in November over an alleged inappropriate comment made during a video call with a colleague in Austin, Texas. He denied the claim, stating he had said, "I don't want to compare the length of my dick," and accepted the remark was clumsy. EA had denied wrongdoing and justified the no‑fault dismissal on December 10th. The judge welcomed the settlement.

2019-01-29 · Dublin

Teacher's sex abuse conviction is upheld on appeal

In a Dublin Circuit Criminal Court trial, a 67‑year‑old former primary school teacher was convicted of 15 counts of indecent assault and three counts of sexual assault against five pupils between 1972 and 1998. He denied the allegations. The judge sentenced him to three years imprisonment, consecutive to a ten‑year term for raping and abusing a female relative. On appeal, the Court of Appeal upheld the conviction, finding the trial satisfactory. Justice Isobel Kennedy rejected the defence's arguments that the indictment should have been severed, that evidence from one victim was prejudicial, and that missing roll books warranted an acquittal. She noted commonalities among the allegations, such as the victims' ages, their status as pupils, and the teacher's role, and dismissed the appeal. The conviction remains in force.

2019-01-28 · Galway

Convicted rapist sues over delay in review of alleged perjury by prison guards

A man convicted of rape has initiated High Court proceedings challenging the Director of Public Prosecutions over an alleged delay in reviewing a decision not to prosecute prison officers for perjury. Darius Savickis, originally from Lithuania and with an address in County Galway, was assaulted by several prison guards on 29 September 2009 while serving a sentence at Castlerea Prison in County Roscommon. The incident was recorded on CCTV. Following civil proceedings, the Court of Appeal in 2016 found the officers had lied under oath and awarded him damages totalling €17,225. In 2017, the DPP agreed to review its decision not to prosecute the officers for perjury. Savickis claims his solicitors made repeated enquiries in 2018 regarding progress, with responses indicating the review was ongoing but taking longer than expected. Mr Justice Seamus Noonan granted permission for the judicial review on an ex-parte basis on Monday, with the matter returnable in March.

2019-01-22 · Waterford

Ex-WIT President loses claim over not being reappointed to role

Professor Kieran Byrne, the former president of Waterford Institute of Technology, has lost his High Court action regarding his non-reappointment to the role. In a judgment delivered on Tuesday, Mr Justice Senan Allen rejected Prof Byrne's claim that he was entitled to be reappointed as WIT President in 2011. The judge determined that no member of WIT's governing body informed Prof Byrne he would be reappointed. Although Prof Byrne alleged that a selection board member and the Public Appointments Board indicated his selection, the court found he could not legitimately believe those parties spoke for the governing body. Prof Byrne, who served as President from 2001 to 2011, sought declarations that the governing body's decision not to ratify his appointment was null and void, along with damages for negligence, breach of contract, and misrepresentation. He argued the selection process was flawed and that the decision was influenced by media reports on office expenditure. WIT denied wrongdoing, stating the decision followed a transparent process. The judge concluded that appointing the president is a function of the governing body, not the subcommittee that recommended Prof Byrne's reappointment. The court held that the governing body was entitled to consider freedom of information requests concerning expenditure. Consequently, the judge dismissed the claims, noting that even if Prof Byrne mistakenly assumed reappointment, there was no evidence the governing body shared that assumption.

2019-01-22 · Galway

Egg sellers entitled to injunction against rivals after ruling is overturned

The Court of Appeal, on 22 January 2019, ruled that Galway Free Range Eggs Ltd is entitled to a permanent injunction against Hillsbrook Eggs Ltd and its directors, Kevin O'Brien and Carmel O'Brien, for passing off. The three‑judge panel overturned a 2016 High Court decision that had found the plaintiff not entitled to orders against the defendants. The appeal court held that Galway Free Range Eggs Ltd had established a substantial reputation in its brand name and that the defendants had used the name "O'Briens of Galway Free Range Eggs" in a manner that could mislead consumers. The injunction restrains the defendants from trading under that name, protecting the plaintiff's reputation and goodwill. The court also found that EU regulations requiring free‑range labeling did not justify the defendants' use of the brand name, and it rejected the High Court's dismissal of survey evidence.

2019-01-21 · Galway

Murder victim's mother allowed amend claim in compensation bid

In a High Court ruling on 21 January 2019, the mother of Nicola Vonkova, a 19‑year‑old murder victim, was permitted to amend her legal challenge against the State's refusal to pay compensation. Magdalena Vonkova, from Prague, had previously argued that the Criminal Injuries Compensation Tribunal's exclusion rule – which bars payment when the offender and victim live together – was inapplicable because she and the offender, Jakub Fidler, were not members of a household in the strict sense. The judge, Mr Justice Senan Allen, allowed an additional ground for the claim, contending that the scheme violated Article 47 of the EU Charter of Fundamental Rights and breached EU law by failing to provide fair compensation for victims of violent international crimes. The amendment was proposed in June 2018, after the action began in April 2017, and the respondents – the Tribunal, the Minister for Justice and the State – opposed it on time‑limit grounds.

2019-01-21 · Galway

Pakistani national jailed for raping woman he invited to his home

Shafiq Quadri, a 49‑year‑old Pakistani national, was sentenced to six years in prison for raping a woman he had invited to his Galway home for dinner. The conviction, delivered by the Central Criminal Court in October 2018, followed the victim's testimony that after a night of food and drinks she was assaulted while intoxicated. Quadri denied the charge, claiming he would have been convicted if he had not shaved his beard. The judge noted the crime was out of character for Quadri, who had no prior convictions, and highlighted the victim's profound distress and post‑traumatic stress diagnosis. Quadri's sentence began in October when he entered custody after the jury verdict. The case underscored the victim's experience of shame, humiliation, and ongoing psychological treatment. The court recorded the victim's impact statement, detailing her trauma and the lasting effects on her life. The sentence will run from the date of conviction.

2019-01-21 · Mayo

Youth's manslaughter sentencing adjourned after brain surgery

A teenager convicted of manslaughter following the fatal stabbing of a 17-year-old boy in Claremorris in December 2015 has had his sentencing adjourned at the Central Criminal Court. The defendant, who cannot be named for legal reasons, was found guilty of the manslaughter of Dovydas Jenkas in 2017 after a jury rejected a murder charge. Justice Eileen Creedon adjourned sentencing until October to allow the teenager time to recover from recent brain surgery performed to address severe epileptic seizures. Medical evidence presented to the court indicated the defendant suffers from localised epilepsy caused by a brain lesion and has undergone an anterior temporal lobectomy. The judge acknowledged the health grounds for the adjournment whilst noting her concern to finalise proceedings in consideration of the victim's family.

2018-12-21 · Galway

EA Director secures injunction preventing dismissal

In a High Court case, Jean Philippe Grenet, 56, director of global delivery service for Electronic Arts Ireland, secured an injunction preventing his employer from dismissing him from his €160,000 post. Grenet had been initially dismissed in November after an alleged inappropriate comment in a one‑to‑one video call with a colleague. EA claimed the dismissal was on a no‑fault basis and had withdrawn the initial decision, but later terminated his employment again on December 10, giving him one month's notice. Grenet's lawyers argued the second termination was a sham linked to the first decision. The judge, Mr Justice Tony O'Connor, granted the injunction, ordered EA not to appoint anyone to Grenet's position pending further order, and directed that he be paid his salary and benefits during the period. The case was adjourned to a January hearing.

2018-12-21 · Cork

Teen (19) charged in connection with murder of "The Beast"

A 19‑year‑old man, Eoin Morrissey, appeared before the Special Criminal Court on 21 January 2018 charged in connection with the murder of Aidan "The Beast" O'Driscoll, a senior Real IRA figure who was shot dead in Cork on 7 December 2016. Morrissey is charged with impeding the apprehension or prosecution of Daniel Hegarty by providing a firelighter to burn a red Opel Astra used by the alleged killers and by following Hegarty to a site where a red Opel Astra was burnt to facilitate transport after the burning. The offences are alleged to have occurred between 8 and 19 December 2016. The Director of Public Prosecutions applied for a Section 49 order and the court directed that Morrissey be tried before the Special Criminal Court. The case was set for mention on 21 January. Earlier, Colin Casey (32) and Daniel Hegarty (24) pleaded guilty to related charges and were remanded on continuing bail until 11 March.

2018-12-19 · Galway

EA "fully entitled" to dismiss director, High Court told

The High Court heard that Electronic Arts Ireland was fully entitled to dismiss director Philippe Grenet, 56, on December 10, 2018. EA argued the termination was lawful, based on Grenet's contract and a "no‑fault" basis, and that it had no obligation to give a reason. Grenet had previously been dismissed for alleged misconduct after an inappropriate remark during a video call with a female colleague. EA withdrew the first dismissal but later terminated his employment again, giving him one month's notice. Grenet sued to prevent his dismissal as director of global delivery service, seeking a temporary injunction, which the court granted earlier this month. EA denied wrongdoing and rejected claims that the second dismissal was invalid or breached the injunction. The case was before Mr Justice Tony O'Connor, who was expected to decide on Friday. The proceedings remain at the injunction stage.

2018-12-19 · Dublin

Suspended sentence over broken arm in case of "caregiver stress"

James Ahearne, 49, pleaded guilty to assaulting his brother Mark Ahearne, who he was caring for, on three occasions in August and September 2017. The assaults resulted in Mark's fractured arm and bruising on his ribs. Mark withdrew his complaint in October 2017. Judge Melanie Greally, noting Mark's significant psychiatric condition and the context of caregiver stress, imposed an 18‑month suspended sentence on James, fully suspended on the condition that he seek any support he requires as a carer. She also ordered 12 months of supervision with the Probation Service and required James to accept all assistance offered for his employment and accommodation needs. No jail time was imposed. The case was heard in the Dublin Circuit Criminal Court.

2018-12-18 · Galway

EA director claims dismissal was withdrawn before he was fired again

In a High Court hearing, Philippe Grenet, 56, former director of Electronic Arts Ireland, argues that his dismissal as director of global delivery service was unlawful and that a second dismissal was a sham. Grenet was initially dismissed in November after an alleged inappropriate remark during a video call. He denies the remark and claims it was a clumsy, ill‑advised expression. A temporary injunction was granted ex‑parte and he seeks to keep it until the full hearing. EA, represented by Mark Connaughton SC, maintains that it was entitled to dismiss him under his contract. The case, opened before Mr Justice Tony O'Connor, is expected to conclude on Wednesday. The court will consider whether the first dismissal lacked proper investigation and fair procedures, and whether the second dismissal was technically flawed because the decision was made by a senior employee of EA's American parent rather than an officer of the Irish company.

2018-12-17 · Limerick

Apartment linked to brothel keeper deemed proceeds of crime

The High Court has ruled that a Limerick apartment linked to Brazilian-born Aulicete Walsh and her son, Maicon Morelli, was acquired with the proceeds of crime. Ms Justice Carmel Stewart granted orders in favour of the Criminal Assets Bureau (CAB) under Section 3 of the 1996 Proceeds of Crime Act. The court found that the property, purchased in 2014 for approximately €34,000 and registered in Mr Morelli's name, was bought using criminal funds. The judge noted that Mrs Walsh had previously been convicted of brothel keeping in Ennis and Limerick in May 2015, resulting in an eight-month prison sentence in 2017. She had also been convicted of brothel keeping in 2012 at Newcastle West District Court and fined €750. Dismissing the respondents' claims that over €20,000 of the purchase price came from legitimate income, the judge cited inconsistencies in Mrs Walsh's evidence and a failure to provide financial documentation. The court determined that the lifestyle maintained by the family, including holidays and new cars, was funded by criminal activity exploiting vulnerable women. Consequently, the matter was finalised with the court granting the CAB's application to deem the apartment proceeds of crime.

2018-12-06 · Galway

Senior EA exec sacked over using word "dick" in meeting with female colleague, court told

In a High Court hearing on 6 December 2018, the court considered the dismissal of 56‑year‑old Jean Philippe Grenet, Senior Director of Global Delivery Service at Electronic Arts Ireland. Grenet was fired after a complaint that he had made a vulgar remark to a female colleague in a video call on 9 November. He denies saying the alleged phrase, claiming he said, "I don't want to compare the length of my dick." He argues the comment was a clumsy, ill‑advised expression and that the complaint was motivated by malice, as the complainant had previously applied for his role and had a negative attitude toward him. Grenet's lawyers obtained a temporary injunction preventing EA from terminating his employment or appointing a replacement. They argue no proper investigation or fair procedures were followed and that EA's disciplinary process was flawed. The case remains at the High Court stage, with the injunction set to be reviewed next week.

2018-12-05 · Dublin

Hotel planning row comes before High Court

In a High Court case, Luxor Investments Ltd, owner of land at Ship Street Great and Chancery Lane where a Radisson Hotel stands, has sued Wave Point Limited, which plans a 136‑bedroom hotel on an adjoining site. Luxor alleges that Wave Point has breached conditions of its planning permission from An Bord Pleanala and Dublin City Council, specifically that it has not submitted a construction management plan for the proposed hotel. Luxor seeks an injunction requiring Wave Point to prepare such a plan. In a sworn statement, Luxor's director Padraig Rhatigan expressed concerns about earlier demolition work, removal of a wall, installation of barriers without consultation, and the lack of a management plan. Wave Point, represented by Martin Hayden SC and Ross Aylward Bl, denies any breach and argues that preliminary works did not require a plan, though it will submit one for the hotel itself. The case is before Ms Justice Tara Burns.

2018-12-03 · Galway

Armed burglar loses sentence appeal

Dominic Downes, aged 23, pleaded guilty to aggravated burglary of a house in Hazel Park, Newcastle, on 24 September 2016. He was sentenced by Judge Rory McCabe at Galway Circuit Criminal Court to six years imprisonment on 18 July 2017. Downes appealed against the severity of his sentence, but the Court of Appeal dismissed the appeal, holding that the six‑year term was within the range available to the Circuit Court judge. The Court of Appeal, presided over by President Mr Justice George Birmingham, noted that Downes entered the house armed with a hunting knife and a hatchet, both of which had been stolen the day before, indicating premeditation. A bag containing €1,760 worth of stolen property was dropped during the escape, and the burglary caused significant injury to the occupants, including PTSD and a move out of the house. Downes had a history of criminal activity and drug problems, and had committed further offences while on bail.

2018-11-13 · Waterford

Ex-President of WIT sues over not being reappointed to position

Professor Kieran Byrne, former president of Waterford Institute of Technology (WIT), has brought a High Court action claiming humiliation and reputational damage after WIT's governing body declined to reappoint him in 2011. Byrne, who served as president from 2001 to 2011, alleges that a 2011 Irish Examiner article on the President's Office expenses prompted the governing body to postpone ratification and ultimately reject his reappointment. He contends the selection process was flawed, that WIT misrepresented that he would be reappointed, and that the body considered irrelevant factors, including the media report. Byrne seeks declarations that the decision was null and void, that he was entitled to the post, and damages for negligence, breach of contract, breach of legitimate expectation and misrepresentation. WIT denies wrongdoing, asserting a transparent process and that the media report was considered in its decision. The case remains pending.

2018-11-13 · Galway

Convicted rapist jailed for eight years for rape of victim's sister

In a Central Criminal Court hearing, a 61‑year‑old man was sentenced to eight years' imprisonment for raping a 39‑year‑old woman, the younger sister of a victim he had previously raped. The court noted that the victim was a vulnerable woman who had endured abuse from multiple family members, including her father, uncle, and grandfather. She had been raped by the defendant in her bedroom when she was either 10 or 12 years old, an act that left her physically injured and emotionally scarred. The defendant had moved into the family home in 1988 and had been in a relationship with the victim's mother for eight years. He pleaded guilty to the charge, and the sentence was back‑dated to the date of his arrest in March 2017. The court highlighted the defendant's guilty plea, age, and expressed remorse as mitigating factors.

2018-11-01 · Galway

Employee who tripped at work entrance is awarded €66k

In a High Court trial, Mr Justice Denis McDonald awarded €66,300 in damages to applicant Colie Conneely following a workplace accident. Conneely, who worked for Thermo King Ireland Ltd for over 30 years, tripped at the factory entrance in Galway on February 17, 2014, suffering injuries to his shoulder, hip, and knee. He alleged his employer was negligent for failing to maintain a safe workplace, conduct risk assessments, or warn of tripping hazards, breaching the 2005 Safety, Health and Welfare at Work Act. The defendant denied liability, claiming Conneely contributed to his own injuries and did not report the incident until the next day. The judge found no contributory negligence, determining that a 10mm differential between a paving slab and a concrete channel caused the fall. He noted that proper maintenance would have revealed the hazard. Conneely was out of work for 17 weeks, required surgery, and experienced difficulties with hobbies such as darts and gardening. The judge described Conneely as a frank and honest witness who downplayed the severity of his injury. The court held the company 100% liable for the damages. Ros Greal is identified as the applicant's address in the proceedings.

2018-10-31 · Galway

Row between insurer and leisure centre is settled

In a settlement announced on 31 October 2018, FBD Insurance Plc withdrew its claim against Claregalway Leisure Centre Ltd and Frank McNabb Insurances Public Loss Assessors Ltd. The dispute centred on an alleged fraudulent invoice from a flooring company that was used to claim €32,800 in interim payment and €6,000 in loss‑adjuster fees for roof and interior repairs after a 2009 storm. FBD sought the return of these amounts, arguing the invoice was inflated. Claregalway Leisure Centre denied the fraud allegations and counter‑claimed that it was entitled to approximately €82,000 under its policy, of which €32,800 had been paid, but the insurer refused the balance. The centre also sought exemplary damages and a full indemnity from the loss assessor. After the case was adjourned, the parties reached a settlement and the claim was struck out by Mr Justice Michael McGrath.

2018-10-30 · Galway

Vulnerable woman raped, abused by four men, court hears

A 61-year-old man, who cannot be named to protect the identity of his victim, pleaded guilty to one charge of rape at a family home in Co Galway on an unknown date between 1989 and 1991. The defendant is currently serving a sentence for raping the victim's older sister, for which he was sentenced in 2015 to 12 years in prison with the final two years suspended. The Central Criminal Court heard that the now 39-year-old victim, who is described as vulnerable and living in England, was abused by four men, including her uncle, grandfather, and father. The court was told the victim felt unable to attend or provide a victim impact statement due to severe depression and anxiety. The defendant, who is originally from Dublin, made full admissions when arrested in prison in March 2017. A psychological report indicated he was below average intelligence and emotionally detached. Mr Justice Michael White adjourned sentencing to November 13 to allow time to consider the case. The matter was adjourned and has not been concluded.

2018-10-30 · Galway

Farmer's latest appeal in long-running dispute is dismissed

The Court of Appeal has dismissed an appeal by Eugene Costello against 2017 High Court injunctions that restrain him from placing animals on lands in Coolfree, Taughmaconnell, Ballinasloe, Co Roscommon. The three-judge panel, comprising Mr Justice Michael Peart, Ms Justice Mary Irvine, and Ms Justice Marie Whelan, upheld the orders granted by Mr Justice Michael Twomey. The appeal also failed regarding the High Court's dismissal of Costello's application to strike out proceedings brought by applicant Carlisle Mortgages. Carlisle Mortgages claims approximately €1.4m remains outstanding on a 2004 loan of €440,000 secured by the land, which it seeks to sell following a 2006 possession order. Costello has alleged the transaction was fraudulent, a claim Carlisle denies. The court rejected Costello's argument that Carlisle needed to renew its execution order of possession before seeking the injunction, noting that Carlisle obtained possession in 2014 after Costello purged a prior contempt. The judges stated that any subsequent adverse action by Costello constituted trespass. Costello has been jailed three separate times for contempt of High Court orders directing him to remove livestock from the lands. Most recently, Mr Justice Twomey jailed him for three weeks for failing to comply with the 2017 injunction, following a one-week jail sentence in January of this year for similar non-compliance. He was also jailed in 2014 for breaching undertakings to remove livestock, from which he was released after purging his contempt.

2018-10-10 · Dublin

Jail for "exceptional" Czech man who agreed to transport cannabis over debt

Adam Pokorny, a 35‑year‑old Czech national, was sentenced by the Dublin Circuit Criminal Court to four and a half years' imprisonment for possessing 5.6 kg of cannabis, valued at €112,120, with intent to supply at Dublin Airport on 3 May 2018. He admitted that he had agreed to transport the drugs to pay off a €30,000 credit‑card debt and to help a friend in financial trouble. Pokorny claimed he knew the substance was cannabis, not harder drugs, and that it would be used by "adults and hippies, not people standing outside schools." Judge Melanie Greally suspended the final 18 months of the sentence on the condition that he leave Ireland upon release and not return for 10 years. He has no prior convictions and pleaded guilty early, cooperating with the Garda investigation. The judge noted his charitable activities and the support he received from family and friends in the Czech Republic.

2018-10-08 · Roscommon

Farmer jailed for third time for contempt

A County Roscommon farmer has been jailed for three weeks for contempt of a High Court order at the High Court in Dublin. Mr Justice Michael Twomey imposed the sentence on Eugene Costello for failing to remove livestock from 90 acres of farmland at Coolfree, Taughmaconnell, Ballinasloe. Carlisle Mortgages Ltd brought the proceedings, claiming Mr Costello obstructed the sale of the property by keeping cattle on it. The lender sought to sell the land after Mr Costello allegedly failed to repay borrowings from 2004, with approximately €1.4 million outstanding. Mr Costello had undertaken to remove the animals by August 25th but failed to do so. He accepted non-compliance with previous undertakings, though his solicitor disputed whether the livestock in photographs belonged to his client. The judge declined to continue a previously imposed stay on the committal order. This marks Mr Costello's third jailing for contempt in connection with the matter.

2018-10-08 · Dublin

Man cleared of assault on man who had to have part of his testicle removed

In a Dublin Circuit Criminal Court case, Raymond Leonard, 35, was acquitted of assaulting Nicholas Devlin on 30 August 2015 at Anna Villa, Ranelagh. Leonard pleaded not guilty and the jury delivered a unanimous not guilty verdict after just under 90 minutes. Leonard, a former manager at An Bhialann restaurant, claimed he had never been in a fight and could not recall the night. Devlin testified that he was ejected from McSorley's pub, then attacked by Leonard, who punched him twice and knee‑dropped him in the groin, causing Devlin severe pain and a ruptured testicle that required surgery. Devlin identified Leonard on CCTV, though he later said he had been uncertain. The trial concluded with Leonard's acquittal.

2018-10-08 · Cork

Pair charged in connection with murder of "The Beast"

Two men, Colin Casey, 32, and Daniel Hegarty, 24, appeared before the Special Criminal Court on 8 October 2018 charged in connection with the murder of Aidan "The Beast" O'Driscoll, 37, who was shot on 7 December 2016 in Blackpool, Cork. Both men were charged under the Offences Against the State Act. Casey faced four charges: impeding the apprehension or prosecution of the alleged killers by collecting them from Redemption Road after they arrived in a silver Nissan Almera, driving them from that location in a white Vauxhall Astra, burning out the Nissan and the Vauxhall, and driving them away in a red Opel Astra.

2018-10-05 · Dublin

Accused told gardai he had "never been in a fight in his life"

Raymond Leonard, a 35‑year‑old former restaurant manager, was accused of assaulting Nicholas Devlin in Ranelagh on 30 August 2015. Six months after the incident, Leonard voluntarily met with gardaí and said he could not recall the night in question. When asked whether he had engaged in a fight or used the phrase "you guys are fucked," he denied it, stating he had never been in a fight. Leonard also denied punching or pushing a male against a wall and claimed he normally walked straight home after the pub. He identified himself in McSorley's CCTV footage but insisted he was not involved in any assault. The case was brought to the Dublin Circuit Criminal Court, where Leonard pleaded not guilty. The trial was in its closing stages before Judge Karen O'Connor and a jury of five women and seven men.

2018-10-04 · Galway

Man accepts alleged attacker is shorter than description

In a Dublin Circuit Criminal Court hearing, 35‑year‑old Raymond Leonard of Sliabh Ban, Ballybane, Galway pleaded not guilty to assaulting Nicholas Devlin at Anna Villa, Ranelagh, on 30 August 2015. Devlin testified that his lasting impression of the attacker was 6ft tall and wearing a dark shirt, but the court noted that CCTV footage showed the accused in a white shirt. Defence counsel Keith Spencer BL highlighted that Leonard is 5ft 8 and slim. Devlin also described being ejected from McSorley's pub by a bouncer, after which he was punched and kicked in the groin by a group that included Leonard. Leonard's alleged assault involved a claim that he had been "shorter" than described, a point he accepted during cross‑examination. The case remains at the trial stage.

2018-10-04 · Galway

Challenge to proposed Shannon LNG terminal

Friends of the Irish Environment CLG has obtained permission to bring a High Court challenge against An Bord Pleanála's decision to extend planning permission for a Liquid Natural Gas terminal on the Shannon Estuary. The NGO seeks to quash the five‑year extension granted on 13 July to Shannon LNG Ltd, which would allow the construction of four large tanks, jetties and associated works at Kilcolgan near Tarbet, north Co Kerry. The challenge argues that the planning authority failed to consider significant environmental effects, particularly on local wildlife such as Bottlenosed Dolphins in the Lower River Shannon Special Area of Conservation, and neglected the 2015 Climate Action and Low Carbon Development Act and relevant EU Habitats Directive information. The NGO, represented by John Kenny Bl and solicitor Fred Logue, requests an order quashing the decision and declarations that the Board erred in law. Shannon LNG Ltd and Kerry County Council are notice parties.

2018-10-03 · Dublin

Man had part of testicle removed after alleged assault, trial hears

In a Dublin Circuit Criminal Court hearing, Raymond Leonard, 35, pleaded not guilty to assaulting Nicholas Devlin on 30 August 2015 at Anna Villa, Ranelagh. Devlin, who had been ejected from McSorley's pub, approached a group outside the pub and was punched twice in the face and kneed in the groin by Leonard. Devlin suffered severe pain, collapsed, and was taken to hospital where doctors found a ruptured testicle, leading to surgery to remove part of it. Devlin testified that he was not overly intoxicated and identified Leonard on CCTV presented in court. Leonard's defence lawyer noted some equivocation in Devlin's language. The prosecution alleged Leonard acted in a vindictive and malicious manner, having removed his shirt before the assault. The case is before Judge Karen O'Connor and a jury of five women and seven men.

2018-07-31 · Galway

€3.3m Lotto dispute between woman and stepson is resolved

In a €3.3 million lotto dispute, the Court of Appeal was informed that the matter between Mrs Mary Walsh (67) and her stepson David Walsh (53) had been resolved. The appeal, represented by Dervla Brown SC, confirmed that the High Court's decision to award David a one‑sixth share of the winning ticket and to order Mrs Walsh to pay €560,000 plus legal costs would be vacated, except for the dismissal of the defendant's counterclaim. No costs order would be made, and the plaintiff's High Court claim would be struck out. The settlement terms were not disclosed, as they are confidential. The case had originally involved a claim that David was entitled to his share because his signature was on the back of the ticket, while Mrs Walsh had argued that the ticket belonged to her. The Court of Appeal accepted the settlement and closed the appeal.

2018-07-31 · Galway

Drunk driver who killed elderly man and injured two gardai is jailed after DPP appeal

Adrian Nestor, 44, from Keamsella, Kilcolgan, was found guilty of dangerous driving causing the death of 66‑year‑old Liam McDonnell and serious harm to Garda Sharon Casserly and Garda Peter Murtagh. He collided with a garda car near Ardrahan on 1 February 2016 while five times over the alcohol limit, with a blood alcohol level of 272 mg. Sentenced by the Galway Circuit Criminal Court to 240 hours of community service, a €1,000 fine and a four‑year driving ban, the Court of Appeal later ruled the sentence was too lenient. The DPP appealed, arguing the suspended four‑year sentence failed to reflect the seriousness of the offence. The Court of Appeal, after hearing counsel, imposed a four‑year prison term with the final two years suspended, sending Nestor to jail for the first time in this case.

2018-07-25 · Tipperary

Action over RDS Horse Show competition is withdrawn

In July 2018, Heritage Bloodstock Ltd of Cahir, Co. Tipperary, withdrew a High Court action that had sought to allow its horse, Heritage Vittorio, to compete in the five‑year‑old competition at the Dublin Horse Show and to exclude Indigo VDL, owned by Mr. Ivor Broderick of Loughrea, Co. Galway. The company had argued that Indigo VDL was ineligible because it was not Irish‑bred and was not on the Department of Agriculture's approved breeding list for 2018, and that its participation would breach the RDS's rules. Heritage Bloodstock had obtained a short‑notice injunction and sought declarations that Indigo VDL did not meet the qualifying criteria. The case was adjourned for a costs hearing, and the action was formally withdrawn before the judge's decision on costs. The withdrawal left the status of the two horses at the Dublin Horse Show unresolved.

2018-07-23 · Galway

DPP appeals community service sentence for drunk driver who killed elderly man and injured two gardai

Adrian Nestor, 44, from Keamsella, Kilcolgan, was five times over the legal limit when he collided with a garda car near Ardrahan on 1 February 2016. The crash killed 66‑year‑old Liam McDonnell, who had been reported missing from a nursing home, and seriously injured Garda Sharon Casserly and Garda Peter Murtagh, the latter breaking a leg. Nestor pleaded guilty to dangerous driving causing death and serious harm. The Galway Circuit Criminal Court sentenced him to 240 hours of community service instead of a four‑year prison term, fined €1,000, and banned him from driving for four years. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient and that a suspended four‑year term would better reflect the seriousness and deterrence required. The Court of Appeal will decide whether to uphold or alter the sentence.

2018-07-20 · Mayo

"Take back your life; break the silence": survivor speaks as father is jailed for 18 years

A man formerly of Foxford, County Mayo, has been sentenced to 18 years imprisonment at the Central Criminal Court for the sexual abuse of his daughter throughout her childhood. John Murphy, aged 61, a former member of the Irish Defence Forces, pleaded guilty to rape, indecent assault and sexual assault of his eldest daughter between 1988 and 2001, with a further incident in 2010. The abuse occurred at locations in Counties Galway and Mayo when the complainant was aged between three and fifteen years. Mr Justice Michael White described the offending as characterised by "length, intensity and depravity" and noted the grave breach of trust involved. Murphy is currently serving an eight-year sentence imposed in February for sexual abuse of two younger sisters. The complainant, now aged 33, waived her right to anonymity and read a victim impact statement in court, urging others in similar situations to come forward and break silence surrounding abuse. The sentence was backdated to December 2017.