The High Court has fast-tracked a legal challenge to An Bord Pleanála's August decision permitting Apple to develop an €850m data centre in Athenry, Co Galway. Applicants Sinead Fitzpatrick and Allan Daly seek to quash the planning permission, alleging the board failed to conduct a proper Environmental Impact Assessment regarding the development's significant energy demands. Apple Distribution International, represented by Rory Mulcahy SC, applied for the case to be admitted to the commercial court list to resolve the matter expeditiously. Mr Justice Brian Cregan admitted the Fitzpatrick and Daly action to the fast track. Apple intends to seek the transfer of a second challenge, brought by Co Wicklow landowner Brian McDonagh, to the commercial court to have both cases heard together in March next year. However, Mr McDonagh, representing himself, objected to the transfer, claiming it would prejudice his action. Mr Justice Cregan stated that nothing would be done regarding Mr McDonagh's action until it returns before the court next Monday. The matter involving Fitzpatrick and Daly was thus admitted to the commercial list, while the procedural status of McDonagh's separate challenge remains pending further hearing.
Gerard Walsh, 38, pleaded guilty to burglary at the Liffey Valley valet service where he had worked. He admitted that a drug dealer had urged him to break into the premises to recover car keys and vehicles to pay a drug debt. Walsh and an accomplice forced entry, breaking three locks to reach the office where six sets of keys and three cars – a Volkswagen Touran, a Volkswagen Passat and an Audi A6 Avant – were taken. Two cars were recovered; the third was found a year later, costing the owner an estimated €3,500. The court heard that Walsh had previous convictions for public order and theft, dealt with 15 years earlier. Judge Melanie Greally accepted that Walsh was under personal hardship, allowing an adjournment to April 28 for him to raise compensation.
Patrick O'Brien, a former Church of Ireland lay worker, was sentenced for raping and molesting 14 boys over 30 years. He pleaded guilty to 48 counts of indecent assault, including anal penetration, and three counts of sexual assault between 1977 and 2010 at locations such as Kildare, Westmeath, a boat in Loughrea, and St Patrick's Cathedral in Dublin. O'Brien, aged 76, had a prior one‑year suspended sentence for a 1989 sex assault. The sentencing hearing, held over two days, included victim impact reports from 14 men, some of whom described long‑term emotional and social harm. The court noted O'Brien's guilty plea, his completion of 312 hours of group psychotherapy, and his voluntary apology. He was remanded in continuing custody until the next hearing on 10 November. The victims remain anonymous. The case highlights the prolonged abuse and its lasting effects on the survivors.
Patrick O'Brien, 76, a former lay worker with the Church of Ireland, is due to be sentenced for the rape and molestation of 14 boys over 30 years. He pleaded guilty at Dublin Circuit Criminal Court to 48 counts of indecent assault, including anal penetration and three counts of sexual assault between 1977 and 2010 at various locations such as Kildare, Westmeath, a boat in Loughrea, and St Patrick's Cathedral in Dublin where he volunteered. The sentencing hearing, held over two days, included victim impact reports from four men, some of whom chose not to have their statements read. The court heard that O'Brien abused the boys in cars, at his yacht, and in his office, often after visiting their parents. He also performed oral sex and forced victims to perform it on him. The hearing will continue tomorrow before Judge Melanie Greally.
In a High Court hearing on 14 October 2016, Mr Justice Paul McDermott appointed solicitor Mr Hugh Kane of Kane Tuohy as a receiver on an interim basis over shares in Universal Assets Ltd, a Belize‑based company linked to former property developer Kevin McGeever. The shares, owned by Mr Robert Kearney, are alleged to be held by Mr McGeever as a beneficial owner and are connected to a mansion called 'Nirvana' on a five‑acre site in Craughwell, County Galway. Mr James Byrne, who obtained a €1.2 million judgment against Mr McGeever in 2014 over a failed Dubai apartment deal, sought the receiver's appointment to protect his position and recover the judgment. Mr McGeever's lawyers opposed the appointment, arguing no urgency and that Mr McGeever was seeking a valuation of 'Nirvana'. Mr Justice McDermott noted that no deed of trust or trustee details had been provided and adjourned the matter to 25 October 2016.
Donal Billings, aged 65, of St Bridget's Court, Drumlish, County Longford, has pleaded not guilty to five charges before the Special Criminal Court. He is accused of unlawful possession of an explosive substance at Longford railway station car park on May 16th, 2011, and of making four false reports under the Criminal Law Act 1976 alleging bombs at multiple locations during the state visit of Queen Elizabeth in May 2011. An improvised explosive device was discovered on a Dublin-bound passenger bus during the visit. Sergeant Adrian O'Neill told the court that during gardai interviews, Mr Billings denied being at the railway station that evening, stating he had driven to Mullingar to meet his brother. He also disputed allegations regarding a SIM card found after his arrest in a Longford supermarket car park on May 20th, claiming he had found a purse containing it. The court heard Mr Billings expressed political objections to the British monarch's association with Northern Ireland security forces, though he denied involvement in any disruption. He characterised the allegations as "nonsense".
The High Court adjourned contempt proceedings against former property developer Kevin McGeever for two weeks. McGeever is accused of failing to give a truthful statement of his means when businessman James Byrne sought to recover a €1.18 million judgment against him. The failure led to committal proceedings. The adjournment allows McGeever to provide information on a property called 'Nirvana' in Craughwell, County Galway, and to transfer shares in Universal Assets Ltd to Byrne. If these steps are taken, the judge said the contempt application would not proceed. Byrne's judgment remains unsatisfied, and the court will not tolerate non‑compliance with its orders. McGeever's lawyer said he would give an undertaking that the property would not be sold while the matter is pending. McGeever previously pleaded guilty to wasting Garda time and received a two‑year suspended sentence. The case is before Mr Justice Paul Gilligan.
Nianje He, a 35‑year‑old Chinese national, pleaded guilty in the Dublin Circuit Criminal Court to unlawfully cultivating cannabis in his apartment on 8 May 2014. The court found 126 cannabis plants at various stages of growth, valued at €108,000, and noted a strong smell of cannabis when Garda Seamus Donoghue entered the premises. He had jumped from a second‑floor window after being caught. He was sentenced to three and a half years' imprisonment by Judge Martin Nolan on 20 November 2015. On 7 October 2016, Mr Justice Garrett Sheehan dismissed He's appeal against that sentence. Sheehan said He had been involved in the offence to discharge gambling debts, had expected €10,000 from the harvest, and had committed a further cultivation offence in Galway while on bail for the Dublin offence. The Court of Appeal found the sentence not excessive and gave He credit for six weeks spent in custody for this offence.
A 49‑year‑old Limerick man, Kieran Lynch, was freed after 11 years in custody following the quashing of his murder conviction. Lynch had originally been sentenced to life in prison in 2007 for the killing of his partner, Catherine McEnery, aged 36, at their home in Craughwell, Co. Galway. He appealed in 2013 on the grounds of misdirection by the judge and the influence of benzodiazepines he had received after a near‑drowning incident. The Court of Criminal Appeal quashed the conviction, and Lynch was re‑arraigned in May, pleading not guilty to murder but guilty to manslaughter. He was sentenced to 12 years, with the last four years suspended for two years post‑release, and was released after paying a €10 bond for good behaviour. The case highlighted the impact of drug influence on his actions and the severe injuries sustained by McEnery. The court noted the significant assault and the family's profound loss.
Dr Sylvie Lannegrand, Dr Rosin Healy, Dr Margaret Hodgins, and Dr Adrienne Gorman have initiated High Court proceedings against the National University of Ireland Galway, alleging gender discrimination in a promotion competition for senior lecturer positions between October 2008 and April 2009. The applicants claim they were treated less favourably on grounds of gender and family status, arguing the selection process was inconsistent and that adequate weight was not given to their teaching and research abilities. They seek declarations that the process breached their contracts, the 1997 Universities Act, Employment Equality Acts, and EU law, along with damages and orders for promotion effective July 1, 2009. NUIG denies the claims, arguing the Workplace Relations Commission is the proper forum and that the actions are misconceived. The case follows a 2014 Equality Tribunal finding that Dr Micheline Sheehy Skeffington was discriminated against in the same process, resulting in her promotion and a €70,000 payment. At a pre-trial hearing before Mr Justice Donald Binchy, NUIG applied to have certain legal points tried as a preliminary action, including whether the Employment Equality Acts modify employment contracts to include an implied right to gender equality and if the claims are statute-barred. The applicants opposed this, arguing the issues are complex and cannot be separated from the substantive action. The judge reserved his decision on the application, which is to be delivered next week.
In July 2016, a 49‑year‑old Limerick man, Kieran Lynch, who had spent 11 years in prison after a murder conviction was quashed, was set to be sentenced for manslaughter. Lynch had originally been convicted of murdering his partner, Catherine McEnery, in 2005 and sentenced to life in 2007. He appealed in 2013, arguing issues with the jury charge on provocation and the introduction of new evidence. The Court of Criminal Appeal quashed the conviction, citing his near‑drowning experience and high‑dose benzodiazepine medication. In May 2016, Lynch pleaded not guilty to murder but guilty to manslaughter, and the State accepted his plea. He was before Justice Patrick McCarthy for sentencing, with the court hearing testimony about his intoxication, the assault, and the impact on McEnery's family. The sentence was to be announced on 28 July 2016.
Paul Mason, 28, pleaded guilty to trespassing with intent to commit a criminal offence at a house on the Tuam Road, Galway, on 13 October 2013. He was sentenced to three years imprisonment by Judge Rory McCabe on 8 October 2015. On appeal, Mr Justice Garrett Sheehan set aside the original term and imposed a new three‑year sentence with the final 18 months suspended. Mason must enter a good‑behaviour bond for the suspended period. The Court of Appeal noted that the injured party was at home with family when the incident occurred, was assaulted by four men, and was threatened with a bomb if he did not cooperate. Mason was identified in an identification parade and admitted to being in the home but denied giving any message. The Court considered Mason's low risk of reoffending and his health‑related unsuitability for community service. The suspended portion was specifically 18 months, leaving a 30‑month custodial term.
Joseph O'Neill, 41, of Ballyfermot, was sentenced to seven years in prison for possessing €1.4 million worth of heroin concealed in two fire extinguishers. He pleaded guilty to possession with intent to supply on 19 August last year. O'Neill had been in Cloverhill Prison for nine months when he became chairman of the jail's Red Cross organisation and worked on a programme to reduce prison violence. He had given media interviews and spoke at an international conference in Dublin Castle, where he was one of four Irish prisoners invited and was not restrained. The judge noted his transformation and imposed a seven‑year sentence, suspending the final three years on strict conditions, backdating it to the date he entered custody. O'Neill apologized, said he was a chronic cocaine addict, and expressed remorse for the potential harm caused by the drugs. The operation was described as sophisticated, with the heroin hidden in hollowed fire extinguishers.
Paul Smith, 49, of Ballyfermot, Dublin, and Stephen Smith, 41, of Dundalk, Co. Louth, were acquitted at Dublin Circuit Criminal Court of assaulting Jenny Lynch causing her harm on March 7, 2015. Both men had pleaded not guilty to the charge. The jury, comprising four women and eight men, returned its verdict after 25 minutes of deliberation on the third day of the trial. Judge Martin Nolan discharged both defendants from the indictment. During the proceedings, the accused testified that their brother, Andrew Smith, was solely responsible for the attack. Andrew Smith, who had previously pleaded guilty to assaulting Ms. Lynch and was sentenced to two and a half years in prison, gave evidence that he struck the victim twice in the head while his brothers did not. He stated that Stephen Smith was on crutches at the time due to a recent shooting. Ms. Lynch, who alleged all three brothers assaulted her, described injuries including a busted nose and stitches to her lip. Defence counsel suggested to the jury that Ms. Lynch's accusations were motivated by a belief that the Smiths were responsible for the death of her son, Eddie Lynch, although neither Paul nor Stephen Smith has ever been charged with that killing. Paul Smith testified that he attempted to restrain Andrew Smith, while Stephen Smith stated he would never harm the mother of his best friend. The court concluded the matter with the acquittal of the two defendants.
In a Dublin Circuit Criminal Court hearing on 14 July 2016, an elderly woman, Jenny Lynch, denied that she had wrongly accused her neighbours, Paul Smith (49) and Stephen Smith (41), of assaulting her. Lynch, who is in her eighties, claimed that both men had attacked her and that she had believed they were responsible for the death of her son, Eddie, who died of a ruptured spleen after being struck by a car. She rejected the defence's suggestion that she had misinterpreted Andrew Smith's assault as an opportunity to target Paul and Stephen. Lynch also denied that she had sent a mass card to the Smiths or that she had asked Paul to intervene for her son. The Smiths pleaded not guilty to the assault charge. The hearing focused on Lynch's allegations and the defendants' denials, with no verdict reached in the article.
In a Dublin Circuit Criminal Court hearing on 13 July 2016, two men, Paul Smith (49) of Oranmore Road, Ballyfermot, and Stephen Smith (41) of Gate Lodge, Dundalk, Co. Louth, pleaded not guilty to assaulting an elderly woman, Jenny Lynch, on 7 March 2015 in Ballyfermot. Lynch testified that she was attacked while walking home from mass, describing severe injuries: blood from her nose and mouth, a busted nose, two black eyes, a lump on the side of her head, a sore shoulder, and the need for stitches to her lip. She claimed the attackers pushed, thumped, and dug her, and identified the Smiths as the assailants. Lynch also mentioned that Andrew Smith, the accused's brother, had previously pleaded guilty to assault in another court. The trial focused on Lynch's account of the assault and the defendants' denial of guilt. No verdict or sentencing was reported in the article.
Brian McDonagh, aged 25, was convicted of dangerous driving causing the death of his 19‑year‑old friend Thomas McDonagh in a single‑vehicle crash near Kylemore, Connemara, on 2 February 2014. He also pleaded guilty to driving without insurance. The original sentence was 10 years' imprisonment, with the final two years suspended, and a 20‑year driving disqualification. On appeal, the Court of Appeal found the maximum sentence excessive and noted that a psychiatric report showing McDonagh's remorse had not been considered. The sentence was reduced to eight years' imprisonment, with the final two years suspended, and he was required to enter a good‑behaviour bond for the suspended period. The driving disqualification remains in force. The appeal did not alter the fact that the incident involved an uninsured, unroadworthy, overloaded car and that McDonagh was two‑and‑a‑half times over the alcohol limit.
Joseph O'Neill, 41, pleaded guilty to possessing €1.4 million worth of heroin with intent to supply. He was caught with 10 kg of heroin concealed in two fire extinguishers. While in Cloverhill Prison, O'Neill became chairman of the jail's Red Cross organisation and worked on a programme to reduce prison violence. He gave a speech at an international conference in Dublin Castle and was left standing on Dame Street for an hour before guards escorted him back to prison. O'Neill apologised to gardaí, admitted he was a chronic cocaine addict and had been motivated by debt after losing his truck‑driver job. He asked the court to consider suspending part of any sentence imposed. He will be sentenced on 15 July.
Brian McDonagh, aged 25, was convicted in Galway Circuit Criminal Court of dangerous driving causing the death of Thomas McDonagh, aged 19, in a single‑vehicle crash near Kylemore on 2 February 2014. He pleaded guilty and was also found guilty of driving without insurance. Judge Rory McCabe sentenced him to 10 years' imprisonment, with the final two years suspended, and imposed a 20‑year driving disqualification. McDonagh's counsel, Vincent Heneghan, appealed, arguing the judge erred by imposing the maximum sentence and had not considered a psychiatrist's report indicating genuine remorse or McDonagh's background and alcohol abuse. The Director of Public Prosecutions, Sinead Gleeson, highlighted aggravating factors: McDonagh was on a pub crawl, two‑and‑a‑half times over the limit, disqualified, uninsured, driving an unroadworthy, overloaded vehicle, and was uncooperative at the scene. The appeal will be heard next Friday.
Lee Wainwright, a former assistant manager at the Corralea Court Hotel in Tuam, was sentenced to six years' imprisonment for raping a young woman in 2014. The victim, in her early twenties, was attending a hotel event when Wainwright escorted her to a room and later forced sex on her while she was asleep. He initially denied the rape, claiming a medical condition prevented him from having sex, but later pleaded guilty after DNA evidence linked him to the victim. Mr Justice Paul Butler imposed a six‑year term with the final two years suspended, noting the offence's seriousness and Wainwright's good work record and lack of prior convictions. The court heard the victim's impact statement describing the lasting psychological harm and the loss of trust caused by the assault. Wainwright's counsel read an apology letter to the victim and her family. The sentence reflects the judge's view that substantial custodial punishment is necessary in rape cases.
Patrick Sherlock, 47, of Droim Chaoin, Galway, pleaded guilty to assault causing harm to another man on 25 March 2012. He was originally sentenced to four years' imprisonment with the last 12 months suspended. On appeal, the Court of Appeal found that the judge had not given sufficient weight to mitigating factors. Mr Justice Alan Mahon noted that Sherlock had not armed himself with the carjack used in the assault and that the incident was a single blow. He also highlighted Sherlock's efforts to mediate a serious Traveller feud, which had been a concern for the community and Gardaí. The appeal court therefore reduced the sentence to three years' imprisonment with the final nine months suspended, citing the mitigating circumstances and the nature of the assault.
The High Court has awarded approximately €700,000 in damages to Mary Molloy, the former owner of Bartragh Island in Killala Bay, County Mayo. Ms Justice Miriam O'Regan ruled on Friday that Ms Molloy was entitled to the damages arising from a 1996 option agreement with Sean Simon of Deerpark, Loughrea, County Roscommon, which was never completed. The island was subsequently sold to a company controlled by golfer Nick Faldo in 1997 for €1.5 million. Ms Molloy had sought to exercise her right to repurchase the property but was unable to do so after the mortgagee, Irish Nationwide Building Society, agreed to its sale. The High Court had previously found in 2003 that Ms Molloy's attempts to exercise her option had been frustrated. The assessment of damages proceeded following the withdrawal of a Supreme Court appeal and re-entry of the case in 2014. A smaller adjoining island is also to be transferred to Ms Molloy.
Christopher Warburton, 22, of Montpelier Park, Dublin, was sentenced to two years in prison after pleading guilty to assaulting his ex‑girlfriend, Ashley Caulfield, on 1 September 2015. Warburton approached Caulfield on Kinvara Avenue, Navan Road, after their break‑up in May 2015, and after refusing to let her leave, he grabbed her wrist and forced her to walk with him. While a bystander tried to intervene, Warburton verbally abused the man and a second person in the car before punching Caulfield in the nose. The blow fractured her nose, exposing the bone and leaving a scar. Caulfield was taken to Mater Hospital, where she received four stitches. Warburton, who had 16 prior convictions and was on bail at the time, claimed he had not hit her. The judge described the assault as a serious crime and noted Warburton's history of anger issues. The sentence reflects the severity of the offence.
A long-running dispute over Bartragh Island in Killala Bay, County Mayo, returned before the High Court on Tuesday. The case concerns a 1996 agreement between former island owner Mary Molloy and Sean Simon regarding a purchase option. Ms Justice Miriam O'Regan dismissed Mr Simon's preliminary application to strike out proceedings on grounds of inordinate and inexcusable delay. The judge acknowledged a delay of over ten years had occurred but determined it was in the interests of justice to proceed with assessing damages. The case will now advance to a damages assessment hearing. In 2003, the High Court previously ruled that Ms Molloy's attempts to exercise her option to repurchase the island had been frustrated when a mortgagee lender agreed to sell the property to an international golf company.
In a High Court case, Galway Free Range Eggs Ltd sought a permanent injunction to stop Hillsbrook Eggs Ltd and its directors, Kevin and Carmel O'Brien, from using the name "O'Briens of Galway Free Range Eggs" on their packaging. The claim alleged that the defendants were passing off their eggs as Galway Free Range Eggs, potentially misleading consumers. Mr Justice Tony O'Connor dismissed the claim, noting that the evidence did not show any intent by the defendants to mislead or obtain a "free ride" by using the Galway name. He found the plaintiff's evidence of misrepresentation to be tenuous and unreliable, and concluded that the defendants had not used the O'Brien name or the geographic designation in a way that violated honest commercial practice. Consequently, the injunction was refused and the case was dismissed.
The High Court confirmed the appointment of Mr Kieran Wallace of KPMG as interim examiner for Debenhams Retail (Ireland) Ltd (DRIL). DRIL, which employs over 1,400 staff directly and 800 staff in concessions and cosmetics across 11 stores, has been seeking examinership after sustained losses since the 2007 recession and the withdrawal of support from its UK parent, Debenhams Retail plc. The court noted that DRIL has a reasonable prospect of survival if it follows a scheme of arrangement approved by the High Court, which would involve court protection and cost reductions, particularly rent, which the company claims are above market rates. Mr Wallace has up to 100 days to propose a scheme of arrangement with creditors. No objections were raised to the application, though Dooroy Ltd, landlords of DRIL's Dublin and Cork stores, expressed concerns that the parent company should be involved in the process.
In 2007, Kieran Lynch, aged 49, was convicted of murdering his partner Catherine McEnery and sentenced to life imprisonment by Mr Justice Paul Carney. Lynch had previously pleaded not guilty at a Galway Central Criminal Court hearing in July 2005. The couple had lived together for ten years and moved into Rose Cottage in Craughwell in June 2005; Ms McEnery was found dead in a bedroom on 17 July 2005. Lynch appealed in December 2013, arguing that the trial judge misdirected the jury on provocation and that fresh evidence of a near‑drowning experience and high‑dose medication should be considered. In July 2015, Mr Justice Donal O'Donnell quashed the murder conviction, citing misdirection on provocation. A retrial was ordered. On the day of the retrial, Lynch was arraigned, pleaded not guilty to murder but guilty to manslaughter, and was remanded in custody. Mr Justice Patrick McCarthy directed that a probation report be prepared for sentencing on 18 July.
A 41‑year‑old man, Declan O'Cualain, was found not guilty by reason of insanity for strangling his brother Adrian Folan with a bungee cord on 4 July 2014. In the Central Criminal Court, the prosecution argued that O'Cualain was fixated on paedophilia and believed his brother had abused him, but two forensic psychiatrists testified that he was in a delusional state and should not be held responsible. The jury returned a not‑guilty verdict after 21 minutes of deliberation. Judge Margaret Heneghan ordered O'Cualain to be committed to the Central Mental Hospital (CMH). Dr Sally Linehan, a consultant forensic psychiatrist, reported that O'Cualain had been admitted to the CMH in December 2014, was under her care since February 2015, and had improved insight into his bipolar disorder. She confirmed he was receiving antipsychotic and mood‑stabilising medication and had responded well to treatment. The judge, satisfied with the psychiatric evidence, committed him to the CMH for inpatient care.
In a High Court hearing, 62‑year‑old Fergal O'Rourke from Mullaghcloe, Ballymore, claimed that while handcuffed and on the ground after his arrest on 12 July 2009, a Garda struck him several times with a weapon and another Garda grabbed him by the throat. He said the incident left him with injuries requiring hospital treatment and a lame leg, and that it made him nervous. O'Rourke also alleged that he was kicked and punched, then taken to Athlone Garda Station and later to A&E in Ballinasloe. The defendants denied the allegations, stating O'Rourke was arrested after his vehicle performed a u‑turn at a Garda checkpoint, that he resisted arrest and kicked a Garda, and that the Garda used a baton in self‑defence. O'Rourke testified he had no intention of striking a Garda, had been trying to escape, and had previously pleaded guilty to refusing a breath‑sample after arrest.
A 31‑year‑old Latvian man, Andrejs Krauze, who lives at Dudley Heights, Glenamaddy, Co. Galway, has been charged with the murder of fellow Latvian Juris Buls, who was killed sometime between 7 and 23 July 2011. His trial was scheduled for 6 March 2017.
A 41‑year‑old Declan O'Cualain was found not guilty by reason of insanity for strangling his brother Adrian Folan with a bungee cord on 4 July 2014. O'Cualain, who lived in An Caoran Beag, An Cheathru Rua, Co Galway, was charged with murder after the body was discovered concealed under rocks near the Cliffs of Moher, Co Clare. He pleaded not guilty by reason of insanity, and after 21 minutes of deliberation a jury of nine men and three women returned that verdict. The judge, Justice Margaret Heneghan, exempted the jury from further service for 15 years and ordered O'Cualain to be committed to the Central Mental Hospital. The court heard forensic psychiatrists confirmed he was in an acute manic psychosis state, unable to appreciate the nature of his actions. The case was heard at the Central Criminal Court on 22 April 2016.
Gordon O'Rourke, 34, pleaded guilty to stealing almost €45,000 from his uncle's supermarket in Inverin on 30‑31 July 2012 and to making a false statement to gardaí. He had staged a fake abduction to justify the robbery. The Galway Circuit Criminal Court imposed a two‑year suspended sentence and 240 hours of community service. The Director of Public Prosecutions appealed, arguing the sentence was "unduly lenient". The Court of Appeal upheld the original sentence but added a €10,000 compensation payment to the injured party and required O'Rourke to pay within three years. He was also ordered to enter a good‑behaviour bond for three years. No custodial sentence was imposed, and the compensation was to be transferred to the State Solicitor for Galway. The case highlighted the court's focus on deterrence and the need for a clear punitive element.
A 41‑year‑old Galway man, Declan O'Cualain, was charged with murdering his brother Adrian Folan. The prosecution alleged that O'Cualain strangled Folan with a bungee cord, then disposed of the body in a water‑filled pit near the Cliffs of Moher, covering it with rocks. He confessed to the act to a friend and to Gardaí, and was arrested at his home on 7 July 2014. Gardaí found the body, which was later identified at Limerick University Hospital, and evidence of a burnt knife fragment and bungee cords was recovered. O'Cualain pleaded not guilty on the grounds of insanity, claiming he was in an "utterly delusional" state and believed his brother was a paedophile. The trial is ongoing.
A 41‑year‑old man, Declan O'Cualain of An Caoran Beag, An Cheathru Rua, Co Galway, pleaded not guilty to the murder of his brother, Adrian Folan (O'Cualain), at Lislorkin North, Liscannor, Co Clare, on 4 July 2014. The plea was made at the Central Criminal Court. Judge Patrick McCarthy informed a jury of nine men and three women that the case would last no more than a day, but they would be required to serve until the end of the week. He added that the matter would be handled by Ms Justice Heneghan.
In a High Court hearing, Mr David Walsh from Knocknagreena, Ballinasloe, sued his stepmother, Mrs Mary Walsh, claiming a one‑sixth share of a €3.38 million Lotto win, amounting to €564,000. He argued that he signed the back of the winning ticket and was entitled to that share, and that the money was held in trust for him by his stepmother and his late father's estate. Mrs Walsh, represented by Claire Bruton, denied the claim, asserting that the ticket belonged to her and that her stepson was not entitled to any proceeds. The case was briefly presented to Mr Justice Paul Gilligan, who set a November hearing date and allowed pre‑trial motions to be filed within a month. No parties were present during the short hearing. The dispute centers on ownership of the ticket and the distribution of the prize money.
Word Perfect Translation Services (WPTS) brought a legal action against the Garda Commissioner after the commission awarded a €5 million, four‑year contract for face‑to‑face language interpretation services to three rival firms: Forbidden City (Translation.ie), Language Training and Translating Ltd (Context), and Natalia Cotov (Accord Translations). WPTS had supplied interpreters to Gardaí since 2007 under a Department of Justice and Law Reform framework agreement and claimed that the award to the rivals breached EU public procurement regulations, alleging a lack of adequate reasons for the selection, unequal treatment of bidders, and discrimination against WPTS. The case was scheduled for the Commercial Court but was struck out on the consent of the parties before a hearing. Mr Justice Brian McGovern, who had previously denied WPTS an injunction, described the resolution as "good news." The article does not disclose any settlement terms or further procedural steps.
Jason Rowe, a 40‑year‑old father of four, was sentenced to eight years in prison for possessing over €3 million worth of drugs, three sub‑machine guns and two pistols. Gardaí seized the contraband during raids on his home and a leased unit in the Bluebell Industrial Estate on 9 and 10 February 2015. The drugs included 18 kg of heroin (valued at €2.69 million) and 3 kg of cocaine (worth €210 567). Rowe also admitted possession of a Heckler & Koch MP5, a Steyr AUG, a GSG5 sub‑machine gun, a 9 mm handgun, a .45 handgun and 23 bullets. He had eight prior convictions for traffic offences. Judge Melanie Greally suspended the last three years of the sentence on strict conditions, noting that the firearms were "serious weapons that have the capacity to mutilate and kill.". Jason Rowe pleaded guilty.
The Supreme Court will hear an appeal against the High Court's dismissal of a challenge to An Bord Pleanala's decision to grant planning permission for a windfarm on Keeper Hill in the Silvermines Mountains, Co. Tipperary. The appeal was brought by Edel Grace of Grouse Hall Milestone, Thurles, and environmental consultant Peter Sweetman of Bunahowen, Cashel. They argue the case raises issues of public importance and that the planning decision breaches EU Habitats and Environment Impact Assessment Directives, potentially destroying nearly 400 acres of hen‑harrier habitat and the protected view of Keeper Hill. The windfarm proposal includes 16 turbines, access tracks, a transformer station, control buildings and a substation, and has been granted a ten‑year permission to ESB Wind Development and Coillte.
James O'Connell, 23, of Clifden Drive, Ballyfermot, Dublin, pleaded guilty at the Dublin Circuit Criminal Court to unlawful carriage in a stolen car, damaging a second car and causing about €21,553 of damage to gates at Rosebank Apartments, Nangor Road, Clondalkin, on 14 December 2013. The incident was captured on CCTV, showing the stolen car, hot‑wired and driven by co‑accused James Dunphy, with O'Connell as a passenger, ramming through two sets of gates onto the main road. O'Connell had no prior convictions at the time of the offence but had since accrued 13 convictions related to that incident, including dangerous driving and driving without a licence or insurance. Judge Melanie Greally imposed a two‑year sentence, suspended for three years, and ordered 12 months of probation supervision. The court noted O'Connell's personal difficulties and his willingness to change, as highlighted in a positive probation report submitted by his defence lawyer.
This report details seven extraordinary exonerations in Irish courts, highlighting cases where the justice system failed accused individuals. Among the validated subjects is Nora Wall, a former nun convicted in 1999 of rape, a charge she did not plead to but was found guilty of. She became the first woman convicted of rape in the State's history and the first to receive a life sentence for the crime, handed down by Mr Justice Paul Carney. However, her sentence was quashed after a prosecution witness admitted fabricating evidence, and in December 2005, the Court of Criminal Appeal declared her conviction a miscarriage of justice. Another subject, Michael Hannon, was convicted in 1999 of sexually assaulting a ten-year-old girl, Una Hardester, and assaulted Hannon's father. Hannon received a suspended prison sentence of four years. In 2009, the Court of Criminal Appeal declared his conviction a miscarriage of justice after Hardester admitted her allegations were fabricated for revenge following a land dispute. Christy Lynch, convicted of the murder of Vera Cooney in 1976, was also exonerated. Lynch claimed his confession was extracted under duress by the Garda murder squad. Although the Court of Criminal Appeal initially ordered a retrial, the Supreme Court ultimately set Lynch free, declaring him an innocent man based on the inadmissibility of his coerced statement. These cases underscore significant failures in the Irish legal process.
Martin McDonagh, 30, of Galway, pleaded guilty to robbery on 13 October 2013 and was sentenced to seven years' imprisonment on 12 March 2015. The Court of Appeal suspended the final 18 months of that sentence, giving him a chance to reform. McDonagh, who had 166 prior convictions, was described by the judge as a menace to society. The robbery involved impersonating a Garda, demanding keys, punching the victim, and stealing a mobile phone. The victim suffered severe impact, losing confidence and €1,600. McDonagh had lived in Canada before returning to Ireland. He was ordered to enter a good‑behaviour bond for three years after release. The appeal decision was made by Justice George Birmingham, with Justices Garrett Sheehan and John Edwards.
This report details five notorious Irish murder cases, including the sentencing of Malcolm McArthur. McArthur pleaded guilty to the murder of Bridie Gargan and was sentenced to life in jail. The article also covers the Grangegorman killings, where Mark Nash was found guilty of the murders of Sylvia Shields and Mary Callinan in 2015, receiving a second life sentence. Although Dean Lyons initially confessed to these crimes, charges against him were dropped in 1998 after psychological testing suggested he was highly suggestible. Additionally, the report notes that Geoffrey Evans and John Shaw were sentenced to life in jail for the murders and rapes of Elizabeth Plunkett and Mary Duffy. Colin Whelan was sentenced to life in 2005 for the murder of his wife, Mary Gough, after faking his death and being extradited from Spain. Finally, Graham Dwyer is described in relation to the murder of Elaine O'Hara, though specific sentencing details for this case are not provided in the text. The validated procedural stage for the highlighted subjects is sentence, with findings of guilt and life imprisonment imposed for the proven charges.
Two men were sentenced to four years imprisonment at Dublin Circuit Criminal Court following their guilty pleas to car-jacking. Francis Stokes, aged 29, of Ballyconnell, County Cavan, and Martin Stokes, aged 24, of Celbridge, County Kildare, hijacked a vehicle at Blessington Road, Tallaght, on 10 November 2013. Judge Melanie Greally suspended the final two years of Francis Stokes's sentence and the last three years of Martin Stokes's sentence, having regard to their differing criminal histories. The victim described the incident as life-altering, stating it had severely restricted her confidence and ability to engage in activities she previously enjoyed. The court heard evidence that the complainant had become fearful of driving and was unable to maintain her former independence. The accused had claimed to gardaí that they commandeered the vehicle following an attack by another party, though the victim impact statements presented a substantially different account of events.
Jason Rowe, aged 40, will be sentenced on 3 March after pleading guilty in District Court to possession of heroin and cocaine worth over €13,000 for sale and supply, and to possession of a Heckler and Koch MP5, a Steyr AUG, a GSG5 sub‑machine gun, a 9mm handgun, a .45 handgun and 23 bullets. The drugs were estimated at €360,000 street value. He faces a maximum life sentence, a mandatory minimum of ten years for the drugs and a mandatory minimum of five years for the firearms, and remains on bail until sentencing.
A widow from Ballyhaunis, County Mayo, has settled her High Court damages action for €500,000 following the death of her husband at Galway Sportsgrounds. Dolores Byrne sued her late husband Declan's employer, CDM Steel Ltd, and the Connacht and Irish Rugby Football Unions after he was fatally injured on the site in April 2008. Mr Byrne, a steel fabricator, died when a steel girder fell and struck him while he was realigning it as part of gym construction works. Mrs Byrne had alleged the defendants failed to provide a safe workplace and adequate safety equipment. The defendants denied liability, with CDM Steel claiming Mr Byrne's own negligence caused the accident. Mr Justice Kevin Cross approved the settlement at the High Court on Wednesday, describing it as a very good outcome. The case against another defendant, Portant Developments Ltd, has been struck out.
Anne Fennell, a 57‑year‑old Dublin woman, pleaded guilty at Dublin Circuit Criminal Court to two counts of harassing Fr Desmond Byrne by telephone on 8 October 2006 and between 5 October 2005 and 10 January 2006. She also admitted to sending obscene phone messages threatening to bomb President Michael D Higgins and several ministers. The court heard that she had called the president a "ladyboy" and threatened that he and "Sabrina Higgins" would be buried in plastic bags if they entered England. She made repeated bomb threats in April and October 2014, prompting a search of the area around Dáil Éireann on 18 November 2014. Fennell had her sentence for the obscene messages adjourned to allow her to continue psychological therapy. Judge Patricia Ryan adjourned the harassment hearing to July, remanded her on continuing bail and ordered a victim impact statement.
In 2016 the Supreme Court considered whether a single incident of misconduct by an arbitrator could justify the parties losing confidence in him. The case involved Fayleigh and Plazaway, who had a ten‑year hotel‑management contract that included a clause allowing Fayleigh to terminate the contract for a one‑year fee. In 2008 Plazaway stopped providing management services but continued with shared services, leading to a dispute over the timing and nature of the termination. The contract provided for arbitration, and hearings began in 2011. During the third day of hearings, Fayleigh sought to submit 17 volumes of discovered documents; Plazaway objected and the arbitrator, concerned about cost, decided to read the volumes later. In 2013 the arbitrator delivered a determination in favour of Plazaway for €476,000 without having read the documents, which Fayleigh challenged as misconduct. The High Court found misconduct, set aside part of the award and returned the dispute to the arbitrator.
Thomas Murphy, aged 66, from Ballybinaby, Hackballscross, County Louth, has been found guilty of nine counts of tax evasion at the Special Criminal Court in Dublin. The three-judge court determined that Murphy failed to furnish returns of income to the Collector General or Inspector of Taxes for the years 1996 to 2004, despite conducting substantial farming operations. Evidence presented during the 32-day trial included testimony from Department of Agriculture staff, managers at cattle marts in Roscommon, Ballyjamesduff, Kingscourt and Elphin, meat factory representatives, and Criminal Assets Bureau investigators. The court heard that Murphy received over €100,000 in farming grants and conducted cattle transactions exceeding €500,000 across various livestock marts. Murphy's defence, that his brother Patrick controlled the farming activities, was rejected by the judges. Forensic analysis of a bank account operated in Murphy's name revealed significant financial activity. Murphy was remanded on continuing bail pending sentencing on 12 February 2016.
Daniel Ennis, aged 20, was sentenced to six years in prison after a series of violent incidents in Ballyfermot, Dublin. In January 2014 he threatened to kill or seriously harm Garda Ryan and Garda Doyle when they searched his back garden for a stolen postbag and bike. He also threatened to kill or seriously harm Linda Carrie and Lena Tims, to damage property, and was found in possession of a firearm on 8 May 2015. Ennis threw a small dog, a paving slab and a bike at four Gardaí, threatened to ram a patrol car, and shouted from an upstairs window that he was armed with a knife. Over a year later, while on bail, he fired shots at a house on Oranmore Road, where a woman was sleeping after being released from hospital, after threatening to blow the occupants' heads off and to burn the house down. Daniel Ennis pleaded guilty.
In a Dublin Circuit Criminal Court hearing, Daniel Ennis, aged 20, pleaded guilty to threatening to kill or cause serious harm to Garda Linda Ryan and Garda Michelle Doyle during a search of his back garden for a stolen postbag. He also pleaded guilty to threatening to kill or cause serious harm to Ms. Carrie and Ms. Tims, threatening to damage property, and possession of a firearm on Oranmore Road. Ennis had previously fired shots at a house on Oranmore Road, where a woman was sleeping, and had threatened the occupants. He had also thrown a small dog and a paving slab at four gardaí who were searching his garden, and had tried to throw a bike and threatened them with a shovel. The judge remanded Ennis in continuing custody until sentencing. No injuries were reported. The case involved no further convictions or outcomes beyond the guilty pleas.