The Court of Appeal has dismissed an appeal by the Director of Public Prosecutions against the sentence imposed on Mark Hehir, a former GAA star who admitted stealing €305,072 from his employer, Galway City Bin company. Hehir pleaded guilty to transferring funds from the company's account to his personal account on 71 separate occasions between April and September 2016 to fund an online gambling addiction. In January, Judge Rory McCabe at Galway Circuit Criminal Court sentenced Hehir to a wholly suspended two-year term and ordered him to complete 240 hours of community service. Additional conditions require Hehir to remain gambling-free, refrain from opening bookmakers' accounts, continue counselling, and pay €100 weekly in restitution. Prosecutors, represented by Lorcan Staines BL, argued the sentence was unduly lenient and that the addiction did not constitute an exceptional circumstance justifying avoidance of custody. However, Mr Justice John Hedigan, sitting with Mr Justice George Birmingham and Mr Justice John Edwards, upheld the Circuit Court decision. The Court of Appeal found that the sentencing judge had carefully balanced all factors, including Hehir's status as a first-time offender, his full admissions, and his engagement in restorative justice. The court concluded there was no basis to intervene, leaving Hehir's suspended sentence and conditions intact.
In a High Court hearing on 9 July 2018, the Court of Appeal (CAB) applied to have an apartment, allegedly bought with proceeds of crime, declared as such under the 1996 Proceeds of Crime Act. The apartment, purchased in 2014 for about €34,000, is owned by Aulicete Walsh, 55, and her son Maicon Morelli. Walsh was convicted of brothel keeping in 2015 and served eight months; she had earlier been fined for the same offence in 2012. CAB, following a Garda investigation, argues the purchase was funded by criminal proceeds and seeks freezing orders. Walsh and Morelli contest the claim, asserting that over €20,000 of the purchase price came from legitimate earnings and that they should receive a share of any sale proceeds. They also argue that the money used was from lawful work and from funds received from Walsh's late father in Brazil.
Garrett Phillips, 46, of Galway, was sentenced to six years' imprisonment for a single charge of orally raping a 20‑year‑old woman on the outskirts of Galway on 5 November 2015. The judge described the offence as "predatory" and "callous", noting that the victim was alone, vulnerable and upset in a park at night. Phillips had offered her a lift home, but did not take her to her destination. He pleaded not guilty and denied that the act was consensual. The court accepted his clean record and imposed a six‑year sentence, down from an eight‑year headline. Phillips was ordered to undergo a therapeutic programme and was described by his siblings as a devoted husband and father. The victim's impact statement highlighted the lasting psychological harm she has suffered, including depression, anxiety and a loss of confidence in walking alone. Garrett Phillips was convicted.
In July 2018, a group of Galway residents, organised under the 'Ballinasloe Says No' campaign, secured permission from the High Court to challenge the County Council's decision to grant a waste facility permit to Mr Sean Curran of Barna Waste for a site at Pollboy, Ballinasloe. The residents, all living about 2 km from the proposed facility, argue that the council failed to consider the potential adverse effects on a nearby Special Area of Preservation (SPA) – the River Suck Callows – and did not conduct an Appropriate Assessment under the EU Habitats Directive. They contend that the facility, which would handle inert waste, recycling of inorganic materials, and waste storage, could impact the SPA, located roughly 1.5 km away on the River Suck floodplain. Mr Curran is a notice party. The High Court, presided over by Mr Justice Seamus Noonan, granted the residents permission to proceed and ordered the matter to be returned for a hearing in October.
Ian Hyland, a former private in the Permanent Defence Forces who served for 12 years, has filed a High Court challenge to overturn the decision that his contract was not renewed and that he was discharged in April. The Defence Forces downgraded his medical category in 2008 because of polycystic kidney disease, a condition that Hyland claims was asymptomatic. He argues that doctors treating him in Galway confirmed he was fit for overseas service and contact sports, and that he was entitled to appeal the categorisation to a Medical Board. Hyland seeks an order quashing the discharge, declarations that he was entitled to appeal, and that his medical categorisation should have been reviewed before his discharge. Permission to proceed was granted ex‑parte by Mr Justice Seamus Noonan, and the case is set to return later this month.
Mark Hehir, a 27‑year‑old former captain of the Galway Under‑21 All Ireland football team, pleaded guilty to stealing €259,072 from his former employer, Galway City Bin, over a six‑month period in 2016. In January, Judge Rory McCabe at Galway Circuit Criminal Court imposed a wholly suspended two‑year sentence, ordered 240 hours of community service, required Hehir to remain gambling‑free, to avoid opening a bookies account, to attend counselling, and to pay €100 a week in restitution. The Director of Public Prosecutions, represented by Lorcan Staines BL, requested a review of the sentence, arguing that gambling was not an exceptional circumstance and that the sentence was unduly lenient. Hehir's counsel, Bernard Madden SC, countered that Hehir's addiction and his efforts to repay the debt were exceptional factors. The Court of Appeal, with Justices George Birmingham, John Edwards and John Hedigan, reserved judgement on the review.
Maire Ni Mhuirnin, a teacher from Páirc, An Spidéal, Co Galway, has brought a judicial review against the Minister for Housing, Planning and Local Government's decision to grant the Marine Institute a foreshore lease for a renewable energy test facility off the Connemara coast. The lease, approved in August 2017, allows the Marine Institute to construct and operate an electricity generating station for 35 years and to develop a 37.5‑hectare site 1.5 km offshore from Spiddal for testing prototype wind, wave and tidal energy devices. Ni Mhuirnin seeks declarations that the decision contravenes EU directives on environmental impact and the conservation of natural habitats. The Sustainable Energy Authority of Ireland, a notice party, argues that any delay would harm the project's viability and the Marine Institute's role in the State's Offshore Renewable Energy Development Plan.
A man's conviction for threatening to kill a relative whilst brandishing a meat cleaver at University College Hospital Galway has been quashed by the Court of Appeal. Aaron Ward (32), from Tuam, Co Galway, was found guilty following a two-day trial at Galway Circuit Criminal Court and sentenced to six years imprisonment in May 2017. The Court of Appeal overturned the conviction, finding the trial judge failed to properly engage with statutory requirements under Section 16 of the Criminal Justice Act 2006 when admitting witness statements. The three complainants had retracted their initial statements to gardaí, citing intoxication and medication at the time they were made. Mr Justice Alan Mahon noted these statements were crucial to the prosecution case and should have been assessed strictly against legal requirements. The judge's rulings made insufficient reference to reliability, prejudice, and oath administration. Ward has been admitted to bail pending further Court of Appeal proceedings next week to determine whether a retrial is appropriate. Aaron Ward pleaded not guilty.
In a case heard at the Galway Circuit Criminal Court, Adrian Nestor, aged 44, pleaded guilty to dangerous driving causing the death of Liam McDonnell, aged 66, and to serious injury to Garda Sharon Casserly, as well as drink driving. The fatal collision occurred near Ardrahan, Galway, on the early hours of 1 February 2016, when Nestor's Audi struck a group of three people, including McDonnell, who had been reported missing from a nursing home. Nestor's blood alcohol level was 272 mg at the time of the incident. Judge Rory McCabe sentenced him to 240 hours of community service instead of a four‑year prison term, fined him €1,000, and imposed a four‑year driving ban. The Director of Public Prosecutions has applied to appeal the sentence, arguing it was "unduly lenient," and the Court of Appeal has set a hearing for 23 July.
Garrett Phillips, a former Ros na Rún actor, was convicted of orally raping a 20‑year‑old woman in Galway on the night of 5 November 2015. The victim, who had accepted a lift from Phillips after he approached her on a park bench, fell asleep in the van and woke to find Phillips thrusting his penis into her mouth. She fled, memorised the registration and sought help at a nearby house. During the four‑day trial at the Central Criminal Court, Phillips pleaded not guilty and claimed the act was consensual, describing it as "very tender" and "chemical". The court heard the victim's impact statement, detailing her pre‑incident life, the trauma she endured, and her ongoing mental health struggles. Phillips was found guilty and the case was adjourned for sentencing, with reporting restrictions lifted and a Probation Service report ordered.
The Court of Appeal has upheld the murder conviction of Mark Nash for the killings of two women in Grangegorman, Dublin, in 1997. A three-judge panel, led by Mr Justice Alan Mahon, dismissed all grounds of appeal on 8 May 2018. Nash was convicted in 2015 of murdering the two victims, whose bodies were discovered in sheltered accommodation two decades after the crimes. He received a mandatory life sentence. The court found the trial was conducted fairly and the verdict was justified by evidence. Nash's appeal centred on challenges to his admissions to gardaí, forensic evidence including DNA found on his jacket, and the lawfulness of evidence seizure. The judges concluded the scientific evidence did not prove contamination and that a jury could reasonably determine the DNA profiles were present from the time of the murders. Nash is already serving life imprisonment for two further murders committed in Roscommon in 1997.
In a dispute over the management of a Galway private medical clinic, Blackrock Medical Partners (BMP) Ltd, controlled by Dr Joseph Sheehan, has brought proceedings against Marpole Ltd, the beneficial owner of Galway Clinic Doughiska, and its majority shareholder Parma Investments Ltd, an entity linked to businessman Larry Goodman. BMP, which holds 25% of Marpole, alleges that Parma has orchestrated oppressive and abusive behaviour towards BMP. The company seeks a declaration that Marpole's affairs and directors' powers are being exercised oppressively, and requests orders for Parma to either buy BMP's shares in Marpole or sell its shareholding to BMP. BMP also seeks consolidation of this action with two other related cases to save court time. The case was admitted to the fast‑track commercial court list by Mr Justice Brian McGovern, who encouraged mediation, and Dr Sheehan expressed willingness to engage further in mediation. The matter is scheduled to return to court later this month.
The Court of Appeal has increased the prison sentences of cousins Michael Casey and David Casey, who pleaded guilty to a series of burglaries, including an incident at the home of John O'Donoghue in Doon on August 27, 2015, where Mr. O'Donoghue collapsed and died. The original sentence of four-and-a-half years imprisonment, with the final year suspended, imposed by Judge Tom O'Donnell at Limerick Circuit Criminal Court in December 2016, was found to be unduly lenient following a review by the Director of Public Prosecutions. The Court of Appeal, led by Mr Justice George Birmingham, re-sentenced both men to seven years imprisonment, with the final eight months suspended. This decision was based on aggravating factors, including the pre-planned nature of the burglary spree, the ransacking of a dwelling, and the serious harm caused to the victim. The court also established new sentencing guidelines for burglary, categorizing offenses into mid-range and highest categories based on factors such as planning, violence, and previous convictions. The Caseys received concurrent terms for other related offenses, and the court emphasized the need for general deterrence in cases involving residential burglaries in rural areas.
The Court of Appeal adjourned the appeal hearing of Karl McCarthy, 36, who had pleaded guilty to two counts of criminal damage for burning two cars on consecutive nights in October 2016. McCarthy was sentenced to six years' imprisonment by Judge Rory McCabe on 29 March 2017. The appeal was to challenge the severity of the sentence. The three‑judge panel, including Mr Justice John Edwards, Mr Justice George Birmingham and Mr Justice Alan Mahon, decided to postpone the hearing and requested psychiatric and psychological reports to determine whether McCarthy suffers from pyromania. Mr Justice Birmingham noted that the court would depart from normal practice and that further information should have been sought before finalising the sentence. He instructed McCarthy to fully cooperate with the professionals involved. The case was adjourned pending the reports.
In a Central Criminal Court case, a 46‑year‑old Galway man, whose name is withheld for legal reasons, is on trial for orally raping a 20‑year‑old woman. The alleged offence occurred on the night of 5 November 2015, when the man allegedly gave the woman a lift home. According to the victim, she fell asleep during the journey and woke to find the man standing in the van with his right leg on the seat beside her and his penis in her mouth. She later ran to a nearby house and shouted the van's registration number. The accused claims the encounter was consensual, describing it as "very tender" and "chemical," and says the woman gave him oral sex for a few seconds before she said she had a boyfriend. He denies the charge and has no prior convictions.
In a Central Criminal Court hearing, a 46‑year‑old Galway man pleaded not guilty to a single charge of oral rape at a Galway location in the early hours of 5 November 2015. He told Gardaí that the alleged encounter began with a consensual, "passionate" kiss while looking over the city from a viewpoint. He claimed they hugged, kissed, and that the woman performed oral sex on him for a few seconds before she said she had a boyfriend and became unresponsive. He said she then shouted at him, demanded her phone, and wanted him to drive her to a Garda station. He described feeling panicked when she left the van and later went home very shaken. The trial is in its closing stages before Justice Eileen Creedon and a jury. The case is still ongoing.
A 46‑year‑old man was accused of oral rape in Galway on the night of 5 November 2015. The complainant, a 20‑year‑old woman, said she was given a lift home after a night out and was taken into the front passenger seat of the van. She claimed that while the van was moving she woke to find the man thrusting his penis into her mouth. She pushed him off, screamed, and fled to a nearby house where she rang the doorbell and told the occupants what had happened. The occupants called the Gardaí. The complainant described herself as distressed, having had several drinks earlier, and denied any consensual contact or prior interaction with the accused. The case is before Ms Justice Eileen Creedon and a jury. The accused has pleaded not guilty to the charge of oral rape.
In a Central Criminal Court trial, a 29‑year‑old Galway man was sentenced to seven and a half years' imprisonment for the weekly rape of his foster sister over a decade. He was also convicted of raping two other foster girls aged six to ten, with the rapes occurring in a hut by the family home and in other locations such as a field and the parents' room. The court heard that the accused asked the first victim to "do that thing for me" and forced her to hold a pornography magazine and clean herself with a dock leaf after an assault. The second victim, aged 11 when she reported the abuse in 2007, had been denied prosecution because the first victim denied it. The third victim, aged eight, was raped in the parents' room after being instructed to wear the mother's underwear.
A dispute between a financial fund and a court-appointed receiver against the owners of residential properties across multiple counties has been admitted to the fast-track Commercial Court list at the High Court. Seaconview DAC and receiver Anne O'Dwyer have brought proceedings against Chevas Securities Ltd and James and Conor Fagan concerning 28 apartments at Royston Village, Kimmage, and additional properties in Sligo, Dundalk and Galway. Ms O'Dwyer, appointed receiver in December, seeks injunctions to prevent the defendants from interfering with the receivership or accessing the properties. The fund claims it is owed €9.2 million in respect of loans originally advanced by Ulster Bank between 2002 and 2007, which the fund acquired in 2015. Ms O'Dwyer claims she has been obstructed in collecting rental income from the properties. Mr Justice Brian McGovern approved admission to the fast-track list. The defendants' solicitor opposed the application, indicating ongoing negotiations. The matter is scheduled to return to court later in April.
Raymond Stewart, 31, was sentenced to four years in prison by the Central Criminal Court for threatening to rape and kill a woman he met in a Galway nightclub. On 18 July 2016, Stewart followed the woman from his house, repeatedly kicking and pushing her, and in a laneway threw her to the ground while telling her he would rape and kill her. He also shouted that she was "not worth raping." The woman, who had been told friends would be at Stewart's house, fled the scene after a house‑mate intervened. Stewart pleaded guilty to the threat to kill and sexual assault. He had nine prior convictions and was already serving a two‑year sentence for a separate assault. The court imposed concurrent sentences totalling four years, giving credit for time already spent in custody. The victim's impact statement described lasting distress, nightmares, migraines and a withdrawal from social activities.
A 55‑year‑old Galway man was sentenced to eight years' imprisonment for two counts of rape and anal rape of his daughter between 2000 and 2002, and for sexually assaulting her from 1995 to 2002 when she was aged 11 to 18. The judge, Mr Justice Patrick McCarthy, said the sentences would run concurrently and that the man would be registered as a sex offender and supervised by the Probation Service for five years after release. The 32‑year‑old victim read a victim impact statement describing the father's abusive behaviour, his alcohol use, and the emotional and physical harm she endured. The defendant pleaded guilty, claimed remorse, and was noted to have a prior minor traffic offence. The judge described the crimes as "despicable" and a gross breach of his paternal role.
In March 2018, St Patrick's School in Galway secured a Court of Appeal injunction against Eoghan O'Neachtain Ltd for operating an out‑of‑hours car park on the school's playground. The school, which has 200 pupils and is patronised by the Bishop of Galway, claimed it had never entered a lease for the playground, only a licence that allowed the yard to be used as a car park from 3 pm to 9 pm on school days and from 8 am to 9 pm on holidays and weekends for a monthly fee. The licence, first granted to Mr Mairtin O'Neachtain in 1999 and later to his son, expired by efflux of time at the end of January 2018. Justice Tony Hunt found the defendant's right to occupy had ended and that any continued use required a tenancy, which the defendant could not establish.
Noel Kelleher, 64, an auctioneer described as a man of some standing in his community, was found guilty by a jury of six counts of rape, three counts of sexual assault, three counts of oral rape and one count of attempted oral rape of a girl who was aged between 12 and 14 when the attacks took place. The offences occurred at various locations in County Clare between June 1991 and August 1992. Kelleher was also tried for 16 further counts of rape, indecent assault and sexual assault but was found not guilty on those charges. The victim, who waived her right to anonymity, said the abuse had a deep and lasting impact on her life. Ms Justice Isobel Kennedy sentenced Kelleher to nine years, suspended the final 12 months, and ordered that he have no contact with the victim in perpetuity. Kelleher has not admitted guilt or expressed remorse. The case was heard in the Central Criminal Court.
In a Dublin Circuit Criminal Court hearing, Judge Martin Nolan sentenced Alison Walker (32) and Gillian Walker (39) to two‑and‑a‑half years each, with the sentences suspended under conditions. The sisters had fraudulently claimed over €50,000 in social welfare benefits after their father's death, with Alison claiming €22,078 in carer's allowance and respite care grants and Gillian claiming €32,398 in carer's allowance and state pension. Both pleaded guilty to four counts of stealing from the Department of Social Protection at Drimnagh Post Office between 2013 and 2016. The judge noted the sisters' knowledge of wrongdoing, their financial motives, and mitigating factors such as Alison's pregnancy and Gillian's single parenthood of four children. The court accepted their remorse and the mitigating circumstances presented by their defence lawyers. The sentences were suspended pending compliance with the court's conditions.
The Court of Appeal has dismissed the appeal by Ciaran Folan, a garda, against his conviction for using a false driving licence. Folan, of Fethard-on-Sea, had pleaded not guilty to four counts alleging he knowingly used a false instrument and a document containing a false statement on February 13, 2009. He was found guilty by a jury at Wexford Circuit Criminal Court and fined €3,000 by Judge Barry Hickson on December 13, 2013. The appeal court, led by Mr Justice George Birmingham, stated it was not persuaded that the trial was unsatisfactory or the verdict unsafe. The conviction stemmed from an investigation into Folan's driving skills, which revealed he had never sat a driving test despite claiming to hold a valid licence. His brother, Brendan Folan, a Galway County Council employee, was charged with forging the licence and corruption offences. Although Brendan Folan was acquitted of these charges in Galway, the Court of Appeal ruled this did not prevent Ciaran Folan's trial in Wexford. The court rejected arguments that the trial judge erred in permitting the prosecution to proceed or in adding counts 3 and 4 to the indictment. The appeal was dismissed, leaving the original conviction and fine intact.
St Patrick's School in Galway has filed High Court proceedings against Eoghan O'Neachtain Ltd over the use of its playground as a car park. The school seeks an injunction to recover vacant possession of the playground and to remove the company's belongings. The school's board claims the company has refused to vacate the site and has asserted it holds a lease, which the school denies. In a sworn statement, Brother Niall Coll warned that a lease would severely affect the school's operations. The school maintains it has never entered into a lease agreement and that it operates a licence arrangement, paying a monthly fee for car‑park use during specified hours. The licence, renewed annually, was first with Mr Mairtin O'Neachtain in 1999 and later with his son. In January the company did not renew the licence and has now claimed a lease.
In a Central Criminal Court hearing, a 64‑year‑old auctioneer, Noel Kelleher, was found guilty of six counts of rape, three of sexual assault, three of oral rape and one of attempted oral rape against a victim aged 12 to 14 between June 1991 and August 1992. The jury acquitted him of 16 other counts of rape, indecent assault and sexual assault. The victim, who waived anonymity, described the abuse as beginning when she was 12, involving rape, sexual assault and forced oral sex in two office locations, and ending shortly before her 14th birthday. She recounted attempts to kill herself, post‑natal depression, psychiatric care and repeated suicide attempts. In her victim impact statement she said the shame should be Kelleher's, not hers, and that the abuse had ruined her education, relationships and mental health.
A teenager convicted of manslaughter in connection with a fatal stabbing in County Mayo has had his sentencing adjourned pending brain surgery. The Central Criminal Court in Dublin heard that the defendant, who cannot be identified due to his age, has developed epilepsy causing multiple daily seizures and is currently unfit for custody. The 17-year-old was found guilty of manslaughter, not murder, following a trial at the court sitting in Castlebar. The victim, Dovydas Jenkas of Claremorris, died from a single stab wound on 19 December 2015. Medical evidence from a consultant neurologist indicated the defendant has a localised brain lesion requiring surgery within three to four months, with subsequent observation periods making immediate imprisonment inadvisable. Justice Eileen Creedon adjourned the matter to 24 July for a further update on the defendant's medical situation.
The High Court has reserved judgement in the State's application to dismiss a damages claim brought by Peter Pringle. Pringle, an applicant, was originally sentenced to death for the murder of gardaí John Morley and Henry Byrne during a 1980 bank robbery in Ballaghaderreen, Co Roscommon. His sentence was later commuted to 40 years imprisonment, of which he served 14 years and ten months until his conviction was quashed by the Court of Criminal Appeal in 1995. He now alleges the State was negligent and breached his constitutional rights by failing to disclose crucial evidence before his trial. The State seeks dismissal of the claim, initiated in the mid-1990s, citing inordinate delay, while Pringle denies any delay on his part. Additionally, Pringle has brought a separate motion for the State to discover documents related to a 2002 DNA analysis by the Forensic Science Service in Birmingham. This analysis compared hair samples from the robbery vehicle with a voluntary blood sample provided by Pringle in 1994. The State informed Pringle's lawyers in 2003 that the results provided strong support for the hair originating from him. Pringle believes this report is intended to halt his damages claim and seeks the associated paperwork, which he claims has not been provided. The State denies these claims and opposes the discovery motion. Ms Justice Carmel Stewart reserved judgement on both applications following submissions from both parties.
The State has applied to the High Court to dismiss a damages claim brought by Peter Pringle, alleging want of prosecution and inordinate delay. Pringle, who was wrongly convicted of the 1980 murders of gardai John Morley and Henry Byrne, served 14 years and 10 months in prison before his conviction was quashed in 1995. He claims the State was negligent and breached his constitutional rights by failing to disclose crucial evidence prior to his Special Criminal Court trial. The State argues that many witnesses from the 1980 Ballaghadreen incident are now deceased or unable to recall events accurately. Pringle opposes the dismissal, asserting that any delay was caused by the State. He has moved for the discovery of documents relating to a 2002 DNA analysis by the Forensic Science Service in Birmingham, which reportedly matched hair from the robbery vehicle to him. Pringle's legal team, including Declan McGovern SC, states these materials are essential to demonstrate his innocence and progress the claim. The State denies the allegations regarding the report and opposes the discovery motion. The hearing before Ms Justice Carmel Stewart continues on Friday.
Promontoria Arrow Ltd has applied for summary judgement of €13.5 million against Galway property owner Martin Tolan, following an alleged failure to repay loans originally provided by Anglo Irish Bank in 2007. The loans were later acquired by National Asset Loan Management Ltd and then by Promontoria in 2015, which called in the debt. Promontoria claims Tolan has no defence and that settlement talks failed. The application was admitted to the fast‑track Commercial Court list by Justice Brian McGovern, with no objections, and the case was adjourned for two weeks.
A 59‑year‑old Galway man was sentenced to 12 years' imprisonment for raping and sexually assaulting two nephews while they stayed at his mother's house between 1991 and 1997. He pleaded guilty at the Central Criminal Court. The judge described the abuse as a "horrific breach of trust" and noted the victims' courage in coming forward. The court heard that one nephew was repeatedly anally raped from October 1995 to June 1997, aged 15 to 17, while the other was assaulted from April 1991 to December 1993, aged 13 to 16. The accused entered the spare room, raped the boys, and gave them money afterward. Both victims were told not to disclose the assaults. The judge back‑dated the sentence to December of the previous year when the man entered custody. The accused, who has no prior convictions, claimed he had been abused as a child and apologized, stating he had "completely lost control of his moral compass.".
In January 2018, Paddy Harty, a 44‑year‑old convicted burglar, was sentenced to four years imprisonment for a sexual assault committed on 23 April 2015. Harty met the victim in a pub, they drank together, and he later drove her to a secluded area of The Curragh in County Kildare. While she was still wearing a dress, he forced her down, removed her leggings and underwear, and held her down by her arms. The victim escaped, hid in nearby bushes, and later called the gardai, who could not locate her. She testified that the memory of the attack haunted her daily. Harty pleaded guilty at the Central Criminal Court. The sentence is consecutive to a previous four‑year term for theft and fraud offences. He has 168 prior convictions, including 42 thefts, three burglaries and 12 breaches of domestic violence orders, but no prior sexual offences.
The High Court approved schemes of arrangement allowing seven companies controlled by Galway businessman Gerry Barrett to exit examinership on December 21st. Ms Justice Marie Baker approved the proposals, which secure over 330 jobs across businesses including the Five Star G Hotel, Meyrick Hotel, apartments, a retail park, and the Eye Cinema. The schemes were formulated by examiner Neil Hughes of Baker Tily Hughes Blake following negotiations with main creditor Deutsche Bank. Paul Gallagher SC, representing the bank, stated that an agreement was reached with the Barretts, who withdrew their objections to the schemes. The companies, represented by Gary McCarthy SC and Michael Cush SC, had previously opposed the examiner's proposals, alleging unfairness to a class of impaired creditors. Deutsche Bank, owed more than €690m, had initially opposed the examiner's appointment, alleging an attempt to renege on a 2016 debt settlement. However, following rulings by the High Court and Court of Appeal, the examiner was appointed. Under the approved schemes, investor Waltzfire Ltd will inject €89m plus €9m in working capital. The court's approval ensures the companies continue as going concerns, with all trade creditors paid and employment secured.
The High Court has been asked to approve survival schemes for seven Galway companies controlled by businessman Gerry Barrett, which employ over 330 people. Insolvency practitioner Neil Hughes, who was appointed examiner earlier this year, has prepared the schemes. The companies—KH Kitty Hall Holdings Ltd, Ml Meyrick Ltd, Mono Trading Ltd, Edward Leisure Assets Unlimited Company, Niche Hotels Unlimited Company, Style City Limited and Radical Properties Unlimited Company—had sought the examiner's appointment but now oppose the arrangements. They had previously sought court protection after Deutsche Bank appointed a receiver, claiming the banks owed more than €690 million. The bank had opposed the examinership, arguing the companies were trying to renege on a 2016 debt settlement that would have sold assets to reduce debt. The bank now supports the schemes. At the hearing, Justice Marie Baker was informed that investor Waltzfire Ltd offered €89 million plus €9 million working capital to fund the companies and enhance assets.
Seamus McGrane, 63, of Dromiskin, County Louth, was sentenced to eleven and a half years in prison for directing the activities of a terrorist organisation and six and a half years for IRA membership. The Special Criminal Court convicted him in October of directing the IRA between April 19 and May 13, 2015, and membership from January 18, 2010, to May 13, 2015. McGrane, who denied both charges, was found to have plotted an explosion during Prince Charles's State visit, targeting the Cross of Sacrifice in Glasnevin. The sentences run concurrently. His ally, Donal O'Coisdealbha, pleaded guilty to IRA membership on May 13, 2015, and was jailed for five and a half years. The court noted McGrane's previous convictions, including a 2001 sentence for firearms training, as aggravating factors. Ms Justice Isobel Kennedy dismissed a letter from Eamon O'Cuiv TD as unconvincing. The judge highlighted that significant explosive materials, including Semtex and detonators, were found at locations linked to McGrane and O'Coisdealbha. This marks the second conviction for directing terrorism in the State, following Michael McKevitt's 2003 sentence.
A 77-year-old appellant has lost his appeal against the severity of his prison sentence. The man, whose identity is protected to preserve the victim's anonymity, was found guilty by a Central Criminal Court jury following a retrial of 14 counts of rape and 60 counts of sexual assault committed against his daughter between 2002 and 2006. In May 2011, Mr Justice Paul Carney imposed concurrent 15-year sentences for each rape count and 10-year sentences for each sexual assault count, with the final three years suspended. The Court of Appeal, led by Mr Justice John Hedigan, dismissed the appeal, finding no error in the sentencing judge's approach or conclusions. The court noted the aggravating factors, including the breach of trust, the victim's age, the duration of the offending, and the absence of genuine remorse. The appellant's primary grounds argued that the judge failed to adequately consider his good character, lack of extreme violence, and potential for rehabilitation. However, the court determined that the most significant mitigation, an early guilty plea, was unavailable. Additionally, the court could not address the appellant's successful Supreme Court challenge regarding the constitutionality of Section 249.1 of the Social Welfare Consolidation Act 2005, as no leave to add these grounds had been sought in this specific appeal. The three-judge panel concluded that the sentence was appropriate given the circumstances.
Daniel Barrett, 23, pleaded guilty to aggravated burglary at a neighbour's house on 13 August 2015, armed with an imitation shotgun. He was sentenced to eight years' imprisonment by Judge Rory McCabe on 23 November 2016. Barrett had planned to appeal the severity of his sentence. During the Court of Appeal hearing, Judge George Birmingham reminded him that the court could increase sentences. Barrett's counsel, Garnet Orange SC, informed the court that Barrett had decided to withdraw the appeal. The appeal was withdrawn and Barrett was taken to continue serving his sentence.
The High Court has granted orders permitting the examiner of seven Galway companies controlled by Gerry Barrett to enter into an agreement with investor Waltzfire Ltd. Ms Justice Marie Baker granted insolvency practitioner Neil Hughes powers under the 2014 Companies Act to execute the deal, as the directors refused to sign the necessary documents. Hughes argued that without these powers, the investment proposal would be lost. The funds are intended to support the examiner's scheme of arrangement with creditors. Opposing counsel, Gary McCarthy SC, stated the directors withheld signatures due to insufficient information and noted that Besomhill Ltd, controlled by Mr Barrett, had submitted a competing bid. The judge ruled the application was properly brought, citing the time-sensitive nature of the examinership and the fact that the companies had known since November 6 that Besomhill was not the successful bidder. The court accepted an undertaking from the examiner not to sign the agreement until 12 midday on Thursday. Last month, the Court of Appeal confirmed Hughes as examiner for the group, which includes the Five Star G Hotel, Meyrick Hotel, and Eye Cinema. The companies sought court protection after Deutsche Bank appointed a receiver, claiming the group owed over €690m. Deutsche Bank had previously opposed the examinership, alleging it was an attempt to renege on a 2016 debt settlement, a claim denied by the companies.
Seamus McGrane, 63, of Dromiskin, County Louth, was remanded in custody until December 7 for sentencing at the Special Criminal Court. He was convicted last month of directing the activities of an unlawful organisation, styling itself the IRA, between April 19 and May 13, 2015, and of IRA membership between January 18, 2010, and May 13, 2015. McGrane denied both charges. The court found he discussed an operation involving explosives in the run-up to Prince Charles's State visit. Detective Chief Superintendent Tom Maguire outlined evidence from audio recordings at The Coachman's Inn in Swords, where McGrane allegedly directed Donal O'Coisdealbha regarding explosives and a specific operation. McGrane is the second person convicted of directing terrorism in the State, following Michael McKevitt, who was jailed for 20 years in 2003. Defense counsel Michael O' Higgins SC argued the case is distinct from McKevitt's, noting McGrane's group was a splinter organisation with no fatalities. He highlighted that co-accused O'Coisdealbha received a five-and-a-half-year sentence for membership. Ms Justice Kennedy, sitting with Judges Sinead Ni Chulachain and Cormac Dunne, adjourned the matter, remanding McGrane in custody until December 7 when he will be sentenced.
Mark Nash is appealing his 2015 conviction for the murder of two women whose bodies were discovered in sheltered accommodation in Grangegorman twenty years earlier. Nash was found guilty at the Central Criminal Court and received a mandatory life sentence. He had already been serving life imprisonment for two murders committed in Ballintober, County Roscommon in 1997. At the Court of Appeal hearing, Nash's counsel challenged the forensic evidence, particularly DNA findings on a jacket seized during the investigation. The defence contended there was a risk of contamination at the State's Forensic Science Laboratory. The Director of Public Prosecutions' counsel argued the contamination theory required "a mind boggling series of coincidences" and submitted the case against Nash was "coercive and compelling" based on his admissions, DNA evidence, and footprint matches. The three-judge court reserved judgment.
Pharmaceutical giant Teva Pharmaceutical Industries Ltd has filed a High Court case against Mylan Teoranta, trading as Mylan International, a Galway‑based subsidiary of the multinational Mylan group. Teva alleges that Mylan has infringed its patents on a 40 mg/ml glatiramer acetate injection used three times a week by patients with relapsing forms of multiple sclerosis. The product is manufactured in Galway and sold on the US market. Mylan denies the infringement claims. Teva seeks several orders, including an injunction to stop Mylan from making, offering or marketing the alleged infringing product, a declaration that such marketing constitutes a trademark infringement, and an order for damages. The case was admitted to the fast‑track commercial court list by Mr Justice Brian McGovern and is scheduled to return before the court in January. The proceedings remain ongoing, with no final judgment yet issued.
Irmantas Paulauskas, 39, a Lithuanian national with no fixed abode, was convicted of armed robbery of €1.1 million worth of jewellery from Hartmann jewellers in Galway on 11 February 2015. He pleaded not guilty to robbery and possession of an imitation firearm with a silencer. A jury found him guilty and Judge Rory McCabe sentenced him to 14 years imprisonment on 12 May 2016. Paulauskas lost an appeal against his conviction but successfully appealed his sentence. The Court of Appeal, hearing that the robbery involved imitation firearms rather than loaded guns, reduced the sentence to 12 years, discounting one year for the difficulty of imprisonment for a foreign national. The conviction was upheld, the sentence cut, and no further changes were made to the outcome of the case.
A High Court judge, Mr Justice Paul McDermott, refused to allow two local residents to appeal his decision that cleared the way for Apple to develop the first phase of an €850m data centre in Athenry, Co Galway. The judge said the residents' case did not raise a point of law of exceptional public importance or a public interest that would justify an appeal. He noted that many of the residents' arguments were a re‑argument of points already considered by An Bord Pleanala and the High Court. The residents, Sinead Fitzpatrick and Allan Daly, had claimed that An Bord Pleanala had failed to carry out an Environmental Impact Assessment (EIA) for the masterplan of eight data halls and that the Board had not addressed the energy demand and greenhouse‑gas implications.
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.
In a case heard by the Court of Appeal, Slovakian national Jakub Jesenak, aged 31, was found guilty of assault causing harm and threatening to kill his pregnant partner in front of their 20‑month‑old daughter. The original sentence of three years imprisonment, with the final year suspended, was imposed by Judge Pauline Codd on 5 May 2017. The Court of Appeal upheld the sentence, ruling that it was not too severe. The offence occurred on 12 June 2016 at the couple's former home in Dublin. Jesenak had been drinking and, after his partner returned from a baby market, he grabbed her arm, punched her face, pulled her hair, threatened to kill her, and attempted to strangle her. Gardaí were called, Jesenak was arrested, and he has had no contact with the victim since being granted High Court bail. The victim suffered bruising, cuts to her face and legs, but the baby was delivered healthy.
In two separate cases, customs officers recovered cash at Dublin Airport and the amounts were forfeited to the State by order of Judge Karen O'Connor under section 39 of the Criminal Justice Act, 1994. In the first case, €9,200 was seized from Eddie O'Loughlin of St Finbars Terrace, Bohermore, Galway, on 13 May 2016. O'Loughlin was travelling to Amsterdam that day, had no known source of income, and was receiving job seekers allowance. He had a history of drug convictions and a six‑year and a half‑year sentence for assisting organised crime. He gave a "less than credible explanation" for the cash and did not engage with the process, leading to forfeiture. In the second case, US$10,000 was seized from Laimonas Baltrusis of Baileys Village, Johnstown, Navan, Co Meath, on 14 June 2015.
The Special Criminal Court has heard the opening of the trial of Seamus McGrane, 63, of Dromiskin, County Louth. Mr McGrane has pleaded not guilty to directing the activities of an unlawful organization, the IRA, between April 19 and May 13, 2015, and to membership of the IRA between January 18, 2010, and May 13, 2015. Prosecuting counsel Tara Burns SC stated that the case relies on audio recordings made at the Coachman's Inn in Dublin on April 19 and May 10, 2015. The prosecution alleges that McGrane directed Donal O'Coisdealbha to contact individuals for explosives supplies and discussed manufacturing rockets and mortars in the run-up to Prince Charles's state visit. The court will hear evidence that McGrane directed the operation to be "symbolic and of military significance" and "not to be an embarrassment." Evidence will also include a search of a house in Courttown, County Wexford, where explosive substances were found, and searches of McGrane's properties in Dundalk where similar items were allegedly discovered. McGrane was arrested on May 13, 2015. The trial is currently ongoing before Justice Isobel Kennedy, Judge Sinéad Ní Chúlacháin, and Judge Cormac Dunne, and resumes on Monday.
The Court of Appeal confirmed the appointment of insolvency practitioner Mr Neil Hughes as examiner to seven Galway‑based companies controlled by Gerry Barrett, following a High Court decision that had dismissed an application for examinership for four firms linked to the G Hotel and Eye Cinema. The High Court had earlier appointed Hughes to three other related companies involved with the Meyrick Hotel. Deutsche Bank, which had appointed a receiver and opposed the examinership, argued it was an abuse of process and that the companies were attempting to renege on a 2016 debt settlement agreement that would have sold assets to reduce the debt to the bank. The appeal court, comprising Justices Mary Finlay Geoghegan, Michael Peart and Gerard Hogan, allowed the companies' appeal and confirmed Hughes as examiner for all seven firms, rejecting DB's cross‑appeal.
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.