Court archive

Court reports mentioning Galway

2015-12-04 · Tipperary

High Court declines to refer Tipperary windfarm action to EU Courts

The High Court has dismissed an application by Edel Grace, Grouse Hall Milestone, and Peter Sweetman to refer a planning dispute to the Courts of Justice of the European Union. The applicants, who challenged An Bord Pleanála's decision to grant planning permission for a 16-turbine windfarm at Keeper Hill in County Tipperary, also sought leave to appeal to the Court of Appeal. They alleged the permission breached the EU Habitats Directive and the Environment Impact Assessment Directive, claiming the development would destroy hen harrier habitat and detract from protected views. Mr Justice Raymond Fullam had previously rejected these claims in an October judgment, dismissing the action against the Board. In his ruling on the appeal application, Mr Justice Fullam refused leave to appeal, stating that no issue of exceptional public interest requiring clarification by the Court of Appeal was raised. He further ruled that the court lacked jurisdiction to refer questions of law to the EU courts after judgment had been delivered, noting Supreme Court precedent that such referrals must occur before judgment. The applicants had sought to quash the ten-year permission granted to ESB Wind Development and Coillte. The Department of Arts, Heritage and the Gaeltacht and ESB Wind Development Ltd were notice parties. The High Court determined that under the 2000 Planning and Development Act, its decision is final unless exceptional public interest issues are present, which it found were not.

2015-12-01 · Donegal

Donegal wind farm works successfully challenged by environmentalist

Environmental activist Peter Sweetman has successfully challenged Donegal County Council's decision to permit construction works at wind farm sites during April to July. Mr Justice Nicholas Kearns quashed the council's December 2014 decision at the High Court on Tuesday, ruling in favour of Mr Sweetman's application. The decision concerned proposed extensions at Meenadeen and Croaghnameal wind farm sites. Mr Sweetman argued the council lacked jurisdiction to amend conditions originally imposed by An Bord Pleanála in 2006, which restricted summer construction to protect natural and visual amenities. He contended the council failed to provide reasons for its decision and did not carry out required environmental impact assessments before granting permission. Windgeneration Ireland Ltd, which had sought the permission to conduct summer works, was a notice party to proceedings. The council consented to the order being made.

2015-11-27 · Roscommon

Mental health services in Roscommon are "in a state of crisis", judge says

A High Court judge has dismissed an action by senior HSE executive Helen Earley challenging her temporary reassignment during investigations into mental health services in County Roscommon. Mr Justice Tony O'Connor ruled that the HSE was entitled to temporarily redeploy Ms Earley, Area Director of Nursing for the Galway/Roscommon Mental Health Service, while reviews were conducted into allegations of sexual abuse and alleged failures of reporting at HSE mental health facilities in the county. Ms Earley had sought to remain in her position, fearing reputational damage. The judge found no evidence of bad faith or conspiracy and rejected her claim that the transfer was motivated by union concerns. However, Mr Justice O'Connor stated that mental health services in Roscommon are "in a crisis situation," citing reports of poor governance, significant relationship difficulties, and dysfunctional provision of care. He was critical of Ms Earley's conduct following notification of the reassignment, describing her as overly focused on asserting her rights while neglecting her responsibility for good governance during a time of serious service concerns.

2015-11-27 · Ireland

Derry man tells murder trial that he "saw red" when pregnant ex-girlfriend told him baby wasn't his

A Derry man has given evidence at the Central Criminal Court denying murder but admitting he caused the death of his pregnant ex-girlfriend. Stephen Cahoon, aged 43, of Harvey Street in Derry, has pleaded not guilty to murdering Jean Teresa Quigley at Cornshell Fields in Derry on 26 July 2008. His defence counsel stated that while Mr Cahoon acknowledges killing Ms Quigley, this does not constitute an admission of murder. Testifying in his own defence, Mr Cahoon described losing his temper when Ms Quigley told him the baby was not his, saying he grabbed her and placed his hand on her throat to silence her. He stated he did not intend to kill her. Prosecution counsel challenged his account, presenting evidence from a witness via video link from Glasgow High Court who claimed Mr Cahoon visited him early that morning appearing distressed. Mr Cahoon denied this meeting occurred. The trial continues with closing speeches from counsel.

2015-11-20 · Dublin

Chinese man caught cultivating cannabis jailed for three and a half years

A 33‑year‑old Chinese man, Nianjie He, was sentenced to three and a half years' imprisonment after pleading guilty in Dublin Circuit Criminal Court to unlawfully cultivating cannabis at his apartment on Wolfe Tone Street. The cultivation, valued at €100,800, involved 126 plants at various growth stages, humidifiers, fans and weighing scales, but no flowering buds. Gardaí were alerted by the apartment block manager, discovered the plants, and seized the premises with a warrant. He was found injured two floors below the window he had jumped from. He had previously been jailed for three years in Galway for a similar offence. He admitted to watering and feeding the plants daily, claiming he harvested them for up to €11,000 per crop and that most proceeds were used to pay a large gambling debt. He denied purchasing the plants but said he supplied them to third parties who paid him.

2015-11-12 · Dublin

Algerian seeking refugee status gets suspended sentence over "Aladdin's cave" of stolen phones

An Algerian national, Khaled Benfares, aged 32, was found with 17 stolen mobile phones in his Rathmines flat, described by the court as an "Aladdin's cave". He pleaded guilty to eight charges of possessing stolen phones, claiming he had no contact details for the man who left the phones and that he had not stolen them himself. Benfares admitted that the presence of so many phones was suspicious and that he had allowed the flat to be used as a storage place for them. He had no prior convictions and was seeking refugee status in Ireland, having arrived in 2011. Judge Martin Nolan imposed a suspended sentence of two years, noting that imprisonment would be more difficult for a foreign national. The case was prosecuted by Ronan Kennedy BL and defended by Dean Kelly BL. The Garda raid was triggered by a tip‑off, and Benfares was arrested and interviewed five times before the court hearing.

2015-11-06 · Donegal

Murder accused told gardai: "I'm the man you're looking for"

A man accused of murdering a pregnant woman in Derry in 2008 told gardaí "I'm the man you're looking for" as he was being taken to Ballyshannon Garda Station, the Central Criminal Court has heard. Stephen Cahoon, aged 43, with an address in Derry, has pleaded not guilty to the charge of murdering Jean Teresa Quigley on July 26th, 2008. Detective Sergeant Desmond Sheridan testified that he spotted a man matching the accused's description in Donegal town on August 5th, 2008, and approached him at 8.50pm. The man initially provided a false name and address. During the journey to the garda station, the accused made the statement cited, whereupon he was arrested and provided his correct identity. The court heard that while in custody at Ballyshannon, the accused consumed a large quantity of Paracetamol tablets and was subsequently transferred to Sligo General Hospital. The trial, before Justice Deirdre Murphy and a jury, is continuing.

2015-10-20 · Dublin

Trial of prominent republican hears of cattle supply

The trial of Thomas Murphy at the Special Criminal Court in Dublin has heard evidence regarding substantial cattle transactions spanning several years. A former project manager at Kepak Meat Processors testified that between August 1999 and August 2001, cattle valued at over €30,000 were supplied to the company by a man named Thomas Murphy. Additional evidence was presented concerning cattle purchases made in May 2004, including transactions at livestock marts in County Galway and Kingscourt, County Cavan. Mr Murphy, aged 66 and resident in County Louth, has pleaded not guilty to nine charges of failing to furnish income returns to revenue authorities for the years 1996/97 to 2004. The prosecution alleges that despite significant dealings in cattle and land and receipt of farming grants, the accused made no tax returns. The investigation was conducted by the Criminal Assets Bureau. The trial before the three-judge court continues.

2015-10-20 · Dublin

Jail for man who punched 72-year-old woman on her way home from mass

Andrew Smith, 31, was jailed for two and a half years after punching a 72‑year‑old woman on her way home from mass. Smith was one of three men who attacked the woman on Oranmore Road, Ballyfermot, on 7 March 2015. The victim suffered two black eyes and cuts to her face and later described herself as hysterical and bleeding when she arrived at a Garda station. The court heard a history of animosity between the families. Judge Martin Nolan, taking into account Smith's good work history and anger‑management training, imposed the sentence. Smith pleaded guilty to assault causing harm and expressed remorse, offering an unqualified apology to the victim. The case was heard in the Dublin Circuit Criminal Court.

2015-07-30 · Galway

Senior HSE Executive secures injunction preventing her transfer

A senior HSE executive has secured a High Court injunction preventing her transfer to an alternative role. Mr Justice Isabel Kennedy granted the orders sought by Ms Helen Earley, Area Director of Nursing with the Galway/Roscommon Mental Health Service, allowing her to remain in her current position pending the full hearing of her action. Ms Earley contended that the proposed reassignment, communicated in early July, would damage her professional reputation. She alleged the HSE lacked contractual authority to transfer her and claimed the move was motivated by industrial relations disputes rather than legitimate operational grounds. The HSE sought to reassign her temporarily pending enquiries into mental health services under her remit. Mr Justice Kennedy found Ms Earley had established a strong case likely to succeed and that damages would not constitute adequate remedy given the potential loss of professional status. The balance of convenience favoured granting the injunctions. The matter returns to court in November.

2015-07-30 · Galway

Suspended 4-year drugs sentence found "unduly lenient" is replaced by suspended 2-year sentence

Warren Bowen, a 48‑year‑old South African man living in The Palms, Kinvara, was found guilty of possessing €37,100 worth of cannabis for sale or supply at his home on 19 October 2011. He pleaded guilty at Galway Circuit Criminal Court and was originally given a wholly suspended four‑year sentence on 27 February 2014 by Judge Rory MacCabe. The Director of Public Prosecutions appealed, arguing the sentence was "unduly lenient". The Court of Appeal, hearing the case on 30 July 2015, imposed a new two‑year sentence but suspended it in full. Judge John Edwards cited Bowen's continued good behaviour, the stressful waiting period for the appeal decision, and the re‑establishment of his relationship with his 13‑year‑old daughter as reasons for the suspension. Bowen was required to enter a €100 bond to keep the peace during the suspended period and confirmed he would comply.

2015-07-28 · Galway

Convicted child abuser has subsequent conviction for sexually abusing his niece quashed

A 66‑year‑old man, previously imprisoned in the United States for child abuse, had his 1993 conviction for raping his nine‑year‑old niece in Galway quashed on appeal. He had pleaded not guilty to rape, oral rape and three counts of sexual assault. A jury at the Central Criminal Court found him guilty and he was sentenced to eight years' imprisonment, with the final three years suspended by Mr Justice Garrett Sheehan on 21 October 2013. Mr Patrick Gageby SC argued that major inconsistencies existed in the charges and evidence presented at trial. Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Edwards, agreed that the cumulative effect of these inconsistencies meant the conviction could not stand. The Court of Appeal quashed the conviction without ordering a retrial.

2015-07-27 · Galway

Remorseless abuser loses appeals against conviction and sentence

James Kelly, 59, from Cashel in Connemara, lost an appeal against his conviction and six‑year sentence for indecent assault on a boy aged six to ten between January 1976 and December 1979. He pleaded not guilty to 16 counts at Galway Circuit Criminal Court, but a jury found him guilty on all counts. Judge Rory McCabe imposed a net sentence of six years, with two years for each of the first 14 counts running concurrently and two years for the final two counts running consecutively. On appeal, Mr Justice John Edwards dismissed Kelly's challenge to the sentence, noting no remorse and that the trial judge had properly directed the jury. The appeal against conviction was also dismissed, with the court agreeing that the judge had not misdirected the jury. The case involved a progression from molestation to buggery, with the victim threatened by Kelly if he disclosed the abuse.

2015-07-21 · Galway

Galway woman jailed for killing her former partner loses sentence appeal

Maura Thornton, 33, from Inverin, Connemara, was convicted of manslaughter for stabbing 59‑year‑old Kevin Joyce to death outside her Salthill apartment on 31 July 2011. A jury at the Central Criminal Court found her not guilty of murder but guilty of manslaughter and imposed a 10‑year sentence, with the final three years suspended by Mr Justice Barry White on 13 March 2013. In the Court of Appeal, Mr Justice Garrett Sheehan upheld the sentence, noting that Thornton and Joyce had a shared interest in Celtic studies and had met at University College Galway in 2011, where a relationship developed that involved excessive alcohol consumption. Thornton had been sober for six weeks before the incident, but Joyce's repeated attempts to contact her led to her ending her sobriety and drinking heavily on the night of the murder.

2015-07-10 · Dublin

Raider given 10 years for role in theft of €100,000 worth of watches from jewellers loses appeal

Gavin Carabini, 31, of Dublin, was sentenced to 10 years' imprisonment for his role in a robbery that stole 28 Rolex and 18 Cartier watches worth over €100,000 from Hartmann Jewellers on 28 November 2008. The robbery involved three men armed with a handgun and iron bars who entered the shop at 1.10 pm, threatened staff, smashed a glass cabinet, and fled in a BMW. Carabini was arrested after a Garda search and had 63 previous convictions. The sentencing judge, Rory McCabe, imposed 10 years with the final 18 months suspended, citing the seriousness of the offence and the aggravating factors. Carabini appealed on the grounds of an unduly harsh sentence, but the Court of Appeal, led by Justice Garrett Sheehan, dismissed the appeal, describing the trial judge's approach as exemplary. The appeal was dismissed on 13 November 2013. Gavin Carabini pleaded guilty.

2015-07-09 · Galway

Senior HSE executive brings High Court action over purported move

A senior Health Service Executive manager has initiated High Court proceedings challenging her proposed reassignment to an alternative role. Ms Helen Earley, Area Director of Nursing for the Galway/Roscommon Mental Health Service, contends the HSE lacks contractual authority to transfer her to a position overseeing smoke-free zone initiatives across the Limerick to Donegal region and island health services. Her counsel argued the relocation would damage her professional reputation, given her current responsibility for 400 staff across 60 locations and her stewardship of substantial service restructuring since 2012. The HSE maintains contractual entitlement to effect the transfer on identical terms. Ms Earley seeks injunctions restraining her reassignment and preventing the appointment of an alternative to her current post. Mr Justice Paul Gilligan granted permission to serve short notice of the proceedings. The matter returned before the court on Friday morning.

2015-06-24 · Galway

High Court refuses to set aside arbitrator's award

In a 2015 High Court decision, Mr Justice Paul Gilligan dismissed a bid by property developers John and Ann Hickey to overturn an arbitrator's award of €101,000 to Ms Mary Delargy. The award arose from defects in a property at Garrai Glass, Ballydavid South, Athenry, which Ms Delargy purchased for €550,000 in 2008. After taking possession in 2009, she discovered insulation, ventilation and dampness problems and brought a claim for damages. The dispute was referred to arbitration in 2011, where the Hickeys' defence was struck out for failing to comply with a discovery order. In October 2014 the arbitrator awarded €101,000 to Ms Delargy. The Hickeys argued the contract's defect clause was deleted and the arbitrator lacked jurisdiction over major defects, but the court found no reason to set aside the award, noting the Hickeys had effectively walked away from the arbitration process and forfeited their right to challenge the final decision.

2015-06-17 · Dublin

Serial burglar described as "one man crime wave" is sentenced to 5.5 years

Eoin Daly, aged 29, was sentenced to five and a half years in prison for a series of burglaries committed between July and September 2013 across Dublin suburbs and Leixlip. He pleaded guilty to five counts of burglary, one of trespass and attempted theft. The judge noted that Daly had been granted bail repeatedly after each arrest, questioning why he was not remanded earlier. Daly's lawyer described him as a "one‑man crime wave" linked to chronic heroin addiction. The judge suspended the final 18 months of the sentence on the condition that Daly cooperate with the Probation Service upon release. Daly had 30 prior convictions, including burglary, robbery, firearm possession and threats of killing. The sentence reflects the judge's concern that, if he does not change, he will spend his thirties in court and prison.

2015-06-03 · Galway

Pair sentenced over heroin raid

In a Dublin flat raid, 28‑year‑old David Doherty was found with 6 g of heroin and was charged with possession for sale. He pleaded guilty and received a suspended sentence of two and a half years, conditional on keeping the peace and attending the Tuam Community Training Centre. Doherty, who had 49 prior convictions mainly for traffic offences, was described by the judge as having made significant progress in dealing with his heroin addiction. His co‑accused, 36‑year‑old Stephen Lunders, pleaded guilty to the same charge and was given a three‑year jail term, with the last 18 months suspended. Lunders had 28 prior convictions, including drug offences, and was found with 2 oz of heroin and €1,010 in cash. The raid was triggered by a tip‑off, and the flat contained evidence of drug preparation and street‑dealing.

2015-04-27 · Dublin

Three years for pair who pleaded guilty to cocaine possession

In a Dublin Circuit Criminal Court hearing on 6 April 2014, William O'Shea, aged 30, and Mark Hayden, aged 43, pleaded guilty to possession of cocaine for sale or supply. O'Shea had transported almost a kilogram of cocaine from Dublin to Cork, while Hayden had held the drugs for two days. Gardaí had monitored the Skylon Hotel in Dublin after a tip, observed O'Shea leaving the hotel and entering a car driven by Hayden, and seized a bag containing €68,740 worth of cocaine from O'Shea. Hayden later admitted he had been approached for a €1,000 delivery, knowing it was illegal, and had collected the drugs two days earlier. O'Shea claimed he was offered a "box of coke" and promised a "sorted" role. Both men had good work histories and cooperated with investigators.

2015-04-23 · Galway

Woman who claimed she was told to take off jeans at prison security check loses case against State

Ms Nataliya Matviyenko, a 39‑year‑old naturalised Irish citizen, sued the State after a security check at Castlerea Prison on 6 May 2009. She claimed a prison officer told her to remove her jeans because of metal studs, and she believed she had to take off her trousers. She complied, dropped her jeans, and her underwear fell, leaving her briefly exposed. The officer, Ciaran Croghan, said she was never asked to remove her trousers; he had asked her to remove her shoes. The judge accepted Ms Matviyenko's genuine belief that she was told to remove her jeans but found the State had not breached its duty of care, as it was not reasonably foreseeable that she would react as she did. The court dismissed her damages claim and made no order for costs. The case was heard by Mr Justice Paul Gilligan.

2015-04-22 · Roscommon

Woman who dropped her trousers and underwear while going through prison security check brings damages action against State

A woman has brought a damages action against the State following an incident at Castlerea Prison in County Roscommon in May 2009. The applicant claims she was instructed by a prison officer to remove her jeans during a security screening before visiting her husband, and in doing so accidentally exposed herself. She alleges she suffered humiliation and psychological distress as a result and seeks damages for negligence and breach of duty, along with declarations that her constitutional rights were breached. The State denies the claims, contending the woman was never asked to remove her trousers and was treated appropriately by prison staff. In proceedings before the High Court, the prison officer involved gave evidence that he had only requested she remove outer garments as standard procedure and did not instruct her to take off her jeans. The case continues.

2015-04-20 · Dublin

Nash guilty of 1997 Grangegorman murders

Mark Nash has been found guilty of murdering two women at sheltered accommodation in Grangegorman, Dublin, in March 1997. A Central Criminal Court jury returned a unanimous verdict after deliberating for over four hours on Monday, 20 April 2015. The trial lasted 48 days, during which 71 witnesses gave evidence. Nash, 42, originally from England with Dublin addresses, had pleaded not guilty to the murders of Sylvia Sheils, aged 59, and Mary Callanan, aged 61. The prosecution's case rested on admissions made by Nash, forensic evidence including DNA found on his jacket, and a caterpillar boot print discovered at the scene. Nash is already serving a life sentence for murders committed in Ballintober, Castlerea, County Roscommon, in August 1997. Mr Justice Carroll Moran imposed a life sentence for the Grangegorman murders. The case had remained unsolved for eighteen years before a DNA breakthrough in 2009 led to Nash's formal charging in October of that year.

2015-04-17 · Dublin

Court clears way for Dublin man to sue State for malicious prosecution

In a 2015 High Court decision, Mr Justice Paul Gilligan allowed Dublin resident James Walsh to pursue a civil claim against the State for malicious prosecution. Walsh, who was acquitted in 2007 of charges that he had threatened journalist Paul Williams, argues that the prosecution was based on false allegations known to be untrue. He has sued the Garda Commissioner and the Attorney General for punitive and exemplary damages. The State and the Garda Commissioner sought to dismiss the claim on grounds of inordinate delay and lack of progress, citing Walsh's late filing of the claim in 2009 and his failure to attend court. The judge rejected the dismissal, noting that no prejudice had been shown and that the delay did not justify striking out the case. He ordered the matter to proceed to hearing as soon as possible, emphasizing fairness to both parties. The case remains pending before a judge and jury.

2015-04-16 · Dublin

Jury to resume deliberating in trial of man accused of 1997 Grangegorman murders

A jury at the Central Criminal Court has adjourned deliberations in the trial of Mark Nash, who stands accused of murdering two women in 1997. The 42-year-old, with addresses in Dublin, has pleaded not guilty to charges relating to the deaths of two residents of sheltered accommodation at Grangegorman in March that year. Following a 48-day trial, Mr Justice Carroll Moran addressed the jury on legal principles and evidence, including admissions allegedly made by the accused, forensic findings, and DNA analysis. The judge also referenced incidents in Ballintubber, County Roscommon, noting these carried no probative value in the case. He instructed jurors to set aside sympathy and reach unanimous verdicts on the two counts. The jury deliberated for less than forty minutes on Thursday before being released until Friday morning, when they will resume their considerations.

2015-04-15 · Dublin

Forensic evidence found at Grangegorman scene supports the innocence of Mark Nash, defence counsel tells murder jury

In a 2015 murder trial, defence counsel Hugh Hartnett SC argued that forensic evidence from the Grangegorman scene supports the innocence of Mark Nash, who is 42 and lives in Dublin. Nash, charged with the murders of Sylvia Shields (60) and Mary Callanan (61) in March 1997, pleaded not guilty. Hartnett highlighted that no hair or DNA from Nash was found at the Orchard View house, and that black fibres on the window came from another source. He also noted that forensic analysis of a jacket and bedding linked to Nash showed no blood contamination. Hartnett contrasted these findings with the detailed admissions of former inmate Dean Lyons, whose statements he claimed were accurate and corroborated by evidence. He urged the jury to acquit Nash, asserting the evidence fell far below the required standard of proof. The judge would later address legal principles.

2015-04-13 · Cavan

Man sentenced to 12 years for manslaughter of archaeologist Emmett Connolly

At the Central Criminal Court on April 13th, Kevin Moran was sentenced to twelve years imprisonment, with the final two years suspended, for the manslaughter of archaeologist Emmett Connolly. The thirty-year-old from Lodgeview, Cootehill, County Cavan, pleaded guilty to manslaughter following a jury finding in February that he was not guilty of murder. Mr Connolly, aged thirty-two from Rockcorry, County Monaghan, died from seventeen stab wounds sustained on September 28th, 2013. Mr Justice Paul Carney imposed the sentence on condition that Moran maintain a bond of one thousand euro and remain away from the deceased's family. The court heard evidence regarding the gravity of the attack and its impact on those bereaved. The Connolly family released a statement expressing relief that proceedings had concluded whilst acknowledging their ongoing grief. Moran was remanded in custody from December 7th, 2013.

2015-04-13 · Galway

Dublin man who repeatedly raped his partner's daughter is sentenced to 12 years

In a 2015 Central Criminal Court hearing, Henry Crowe, aged 57, was sentenced to 12 years' imprisonment for repeatedly raping his partner's daughter, Majella Cahill, between 1988 and 1992. The offences were pleaded guilty and involved five separate rapes when Cahill was aged 11 to 15. Judge Paul Carney declared Crowe a sex offender, citing the gross breach of trust, the victim's age and the multiplicity of offences. The sentence was back‑dated to March 2013, with the final two years suspended due to Crowe's early guilty plea, remorse and good character. Crowe was ordered to undergo 18 months of post‑release supervision and to stay away from Cahill upon release. The hearing included Cahill's victim impact statement, detailing her childhood neglect, abuse by her grandfather, and the abuse she suffered from Crowe, which she described as daily and horrific. The court noted that Crowe had no prior convictions.

2015-03-19 · Dublin

Graham Dwyer's relationship with Elaine O'Hara was an entirely predatory one, jury told

At the Central Criminal Court on 19 March 2015, the prosecution closing address in the murder trial of Graham Dwyer outlined its case against the 42-year-old architect. Dwyer, from Foxrock in Dublin, has pleaded not guilty to the charge of murdering Elaine O'Hara, a 36-year-old childcare worker, at Killakee, Rathfarnham on 22 August 2012. Prosecution Counsel Seán Guerin SC told the jury that the relationship was predatory in nature, with Dwyer deliberately selecting a vulnerable victim. The prosecution's case rested on telephone evidence linking disputed phones recovered from a reservoir to Dwyer, text message analysis reflecting his known movements and activities, and documentary evidence of violent sexual fantasies. Mr Guerin submitted that Dwyer intended to murder Ms O'Hara for sexual gratification hours after her discharge from psychiatric care, and that he had deliberately arranged circumstances to suggest suicide. The trial continued at the Central Criminal Court.

2015-03-09 · Cavan

Father of archaeologist stabbed 17 times tells court of family's "journey to hell"

Kevin Moran (30) of Cootehill, County Cavan, was convicted of manslaughter at the Central Criminal Court following a six-day trial concluding in February 2015. He had pleaded not guilty to murder but guilty to manslaughter in connection with the death of Emmett Connolly (32) from Rockcorry, County Monaghan, on 29 September 2013. The court heard that Mr Connolly was stabbed seventeen times following an argument at Lodgeview, Cootehill. A jury found Moran guilty of the lesser charge. Evidence indicated Mr Connolly, an archaeologist who had recently returned from Australia, sustained multiple wounds primarily to his shoulder and upper back region. Sentencing was adjourned to 13 April. During proceedings, the victim's father delivered an impact statement describing the family's transition from ordinary life to what he characterised as a "journey to hell" following the fatal incident.

2015-03-09 · Galway

Dublin man to be sentenced for repeated rape of his former partner's daughter

In March 2015, a Dublin man, Henry Crowe, aged 57, was sentenced for repeatedly raping his former partner's daughter, Majella Cahill, between 1988 and 1992. The victim, who was 11 to 15 years old during the offences, had previously pleaded guilty to five rape charges. Crowe pleaded guilty at the Central Criminal Court and was remanded in custody until his sentencing. Cahill's victim impact statement detailed a childhood marked by neglect, abuse by her grandfather, and ongoing sexual assault by Crowe, who began a relationship with her mother and raped her daily. She described severe emotional trauma, including depression, anxiety, and suicidal thoughts, and her efforts to seek counselling. Crowe had no prior convictions and expressed remorse, offering to apologise to Cahill for his crimes.

2015-03-05 · Dublin

Mark Nash murder trial hears jacket which allegedly lead to breakthrough retrieved from accused's home

At the Central Criminal Court, a Garda Chief Superintendent gave evidence regarding the retrieval of clothing from the Dublin home of Mark Nash, aged 42, who stands accused of murdering two women in Grangegorman sheltered accommodation in March 1997. Chief Superintendent Dominic Hayes testified that he obtained a black pin-striped velvet jacket and boots from a flat on Clonliffe Road, Dublin 3, following a statement from a witness in August 1997. The prosecution maintains that DNA evidence subsequently recovered from the jacket provided a breakthrough in the case. Nash has pleaded not guilty to the murders of Sylvia Shields, aged 60, and Mary Callanan, aged 61. During cross-examination, defence counsel challenged the seizure of the boots and questioned investigative focus on another suspect. Retired detective exhibits officers confirmed the secure storage and handling of seized items. The trial proceedings continued.

2015-03-03 · Roscommon

Mark Nash trial jury hears from garda who questioned criminal suspect for 1997 double murder

A jury at the Central Criminal Court has heard evidence from a retired detective sergeant regarding the 1997 murders of two women in Grangegorman, Dublin. Mark Nash, aged 42, has pleaded not guilty to the murders of Sylvia Shields and Mary Callanan on 6 and 7 March 1997. Detective Sergeant David Lynch testified about questioning another suspect, Martin Stafford, in relation to the killings. During cross-examination, the defence counsel raised questions about the adequacy of the investigation and whether relevant information about Stafford's movements had been properly pursued. The court also heard evidence concerning Nash's alleged voluntary disclosure to gardaí in Galway on 17 August 1997 regarding crimes committed in Dublin five months earlier. Justice Carroll Moran adjourned proceedings to address a legal issue that emerged during testimony, with the jury directed to return on Wednesday.

2015-03-02 · Galway

Graham Dwyer sent Elaine O'Hara 847 text messages, trial hears

During the 28th day of the murder trial at the Central Criminal Court, evidence was presented that Graham Dwyer, aged 42, sent 847 text messages to Elaine O'Hara between January 2008 and December 2009, including 53 on a single day. Garda Paul Kane testified that he analysed Dwyer's work‑phone bills and confirmed the volume of messages, though the content remained unknown. A call from Dwyer to O'Hara's message minder was also identified. Additionally, a crime analyst, Sarah Skedd, used toll‑booth and mobile‑tower records to trace a mobile phone and a vehicle, concluding that Dwyer owned the car that travelled from Galway to Dublin on 4 July 2012. The trial also heard from a friend of O'Hara, who described her personal struggles and relationships, and noted that O'Hara was last seen on the evening of 22 August 2012, after being discharged from a mental‑health hospital.

2015-03-02 · Roscommon

Jury in double murder trial read statements from Mark Nash's former partner

At the Central Criminal Court, a jury heard statements from the former partner of Mark Nash, who is charged with the murder of two women in March 1997. Nash, aged 42, has pleaded not guilty to the murders of Sylvia Shields and Mary Callanan between March 6 and 7, 1997. State counsel read two statements from Sarah Jane Doyle, describing how she met Nash in a Dublin nightclub in late March 1997 and subsequently began a relationship with him. The court heard Nash claimed to have family connections in Ballina, County Mayo. The second statement was taken after Doyle received a letter from Nash whilst receiving treatment at Beaumont Hospital, following an assault at a house in Ballintober, County Roscommon on August 16, 1997. A handwriting expert from An Garda Síochána testified that letters attributed to Nash displayed consistent characteristics and were written fluently without hesitation or disguise. The trial continues.

2015-02-27 · Dublin

Mark Nash a "fantasist" who "told a lot of lies", ex-partner tells double murder trial

In a 1997 double murder trial, ex‑partner Lucy Porter testified that Mark Nash, aged 42, was a fantasist who told many lies. Porter, who had moved to Dublin with Nash five months earlier, described living with him and their infant daughter in Prussia Street. She recounted that on the night of March 6, 1997, Nash attended a charity quiz at the GPO, returned with two colleagues, and later went to Eddie Rockets where he was seen with a velvet jacket and black caterpillar boots. Porter noted a change in Nash's behaviour, including increased showering, which she attributed to his sexual activity. She agreed with the defence that Nash was a fantasist. The trial also heard from other witnesses, including Audrey Leonard, and continued cross‑examination of former Garda James McHugh. The proceedings remain ongoing. Mark Nash pleaded not guilty.

2015-02-27 · Dublin

Graham Dwyer trial hears mobile phone data evidence

The Central Criminal Court jury heard technical evidence on the 27th day of the trial of Graham Dwyer, who is charged with murdering Elaine O'Hara at Killakee, Rathfarnham on 22nd August 2012. Mr Dwyer, aged 42, has pleaded not guilty to the charge. Witnesses including telecommunications engineers provided detailed mobile phone records and data covering periods before and after the alleged offence. The court also heard from a woman who had engaged Mr Dwyer's architectural services in County Galway in 2009, and from witnesses who placed him at various locations during July 2012. A Ballyshannon hotel proprietor testified to his movements that month. The State's case is that the killing occurred hours after Ms O'Hara's discharge from a mental health facility. Her remains were discovered at Killakee in September 2013. The trial continues before Mr Justice Tony Hunt and a jury of five women and seven men.

2015-02-27 · Dublin

Man first charged with 1997 Grangegorman murder could not have "more accurately described" knife blades found at scene, trial hears

The trial of Mark Nash, 42, who has pleaded not guilty to the alleged murder of Sylvia Shields (60) and Mary Callanan (61) at sheltered accommodation in Grangegorman between March 6 and March 7, 1997, continued at the Central Criminal Court. Defence counsel cross-examined former Assistant Garda Commissioner James McHugh regarding the earlier, withdrawn murder charge against Dean Lyons. Mr. McHugh testified that Lyons made admissions describing the scene, including the entry point and the victims' positions, which he agreed were consistent with the facts. The defence argued that Lyons' description of the carving knife blades found at the scene could not have been more accurate. Mr. McHugh acknowledged that a second admission from Nash caused concern within An Garda Síochána, leading to an investigation into potential contamination. He stated he was satisfied that officers in Galway, where Nash made his admission, did not prompt him, noting that no notes were taken during those interviews. The court heard that both statements could not be true, necessitating a review of the evidence. The trial continues.

2015-02-24 · Dublin

Man accused of 1997 double murder said confession was "produced" by gardai

In a 2015 Central Criminal Court hearing, Mark Nash, 42, pleaded not guilty to the 1997 murders of Sylvia Shields and Mary Callanan. Nash claimed that a confession he gave to Gardaí in August 1997 was "produced" by other Gardaí at Mill Street Garda Station, not entirely his own words. He later said he never claimed the confession was 100% fabricated. The court heard that Nash had expressed distrust of Gardaí, suggesting that words could be twisted. Assistant Commissioner Derek Byrne, who interviewed Nash in 1999, recounted Nash's statements about Garda manipulation. The trial also discussed earlier confessions by Dean Lyons, who was later charged and then had his charge withdrawn. The case remains ongoing.

2015-02-24 · Wicklow

File on case of alleged abuse victim not sent to DPP, forgery trial hears

During a forgery trial at Dublin Circuit Criminal Court, an alleged victim of clerical sexual abuse, a 44‑year‑old woman from Wicklow, testified that she was upset when she learned a file on her case had never been sent to the Director of Public Prosecutions (DPP). She recounted that in the 1980s she was abused by a local curate and that she had met Detective Garda Catherine McGowan in 2005 and again in 2007 to discuss the matter. McGowan had informed her that the DPP had received the file and would not prosecute. The victim said she was shocked, had a breakdown, and considered suicide. In 2011 a special task force discovered the file had not been forwarded to the DPP; it was finally sent in summer 2011, but the DPP directed no prosecution. The trial, presided over by Judge Mary Ellen Ring, continues with a jury of twelve. Catherine McGowan pleaded not guilty.

2015-02-23 · Dublin

"Serious danger to society" jailed for seven years for killing man by knocking him under bus

In a Dublin Circuit Criminal Court case, Edward Connors, a 30‑year‑old deaf mute with no fixed abode, was sentenced to seven years' imprisonment for the unlawful killing of Eoghan Dudley, 28, who died after being knocked under a bus on Dawson Street on 6 December 2012. Connors had pleaded not guilty to the murder charge, but a jury found him guilty of manslaughter after an eight‑day trial. Judge Patrick McCartan described Connors as a serious danger to society, citing his history of aggression and violence, and noted his severe communication difficulties stemming from lifelong deafness. The judge also ordered Connors to be assessed for rehabilitation services in the UK, as no suitable services exist in Ireland for deaf offenders. Connors had previously pleaded guilty to two counts of threatening injury with a syringe, for which he received two concurrent two‑year sentences.

2015-02-20 · Dublin

Jury read letter of retraction by man who previously gave gardai statement admitting to Grangegorman double murder

A jury at the Central Criminal Court has been presented with a letter of retraction written by Mark Nash, a 42-year-old man from Dublin, who previously gave gardaí a statement admitting responsibility for the 1997 murders of two women in Grangegorman. Nash has pleaded not guilty to the charges concerning the deaths of Sylvia Shields and Mary Callanan between 6 and 7 March 1997. In the retraction, read to the court by former Assistant Commissioner James McHugh, Nash attributed his knowledge of the crimes to media coverage, teletext reports, and radio accounts. He claimed he had been in mental distress when making his initial August 1997 statement at Mill Street Garda Station in Galway and asserted he had requested legal representation on three occasions during questioning. The trial, with Roscommon connections relating to an earlier assault allegation against Nash, continues.

2015-02-19 · Galway

Garda member in charge did not notice laceration to Mark Nash's head at time of arrest, jury hears

At the Central Criminal Court, a retired garda sergeant gave evidence in the trial of Mark Nash, who is accused of murdering two women in sheltered accommodation in Grangegorman, Dublin, in 1997. Sergeant Kevin Duffy, who was member in charge at Mill Street Garda Station in Galway when Nash was arrested in August 1997, testified that he could not recall observing a wound to Nash's face or a laceration to his head at the time of arrest. Under cross-examination, the sergeant was challenged about his failure to note visible injuries despite medical evidence that a doctor had examined Nash and observed a head laceration and facial abrasion. The defence suggested the sergeant was aware Nash had been struck with a baton and was suppressing this fact. The court also heard from a prison officer regarding an incident at Mountjoy Prison in December 1997. The trial, heard at the Central Criminal Court, is expected to continue for approximately three weeks. Mark Nash pleaded not guilty.

2015-02-18 · Galway

Mark Nash volunteered statement to gardai about stabbing two women, jury hears

In a 2015 hearing, a jury heard that Mark Nash, aged 42, gave a written statement to Gardaí on 17 August 1997, admitting he had stabbed two women in a house in Grangegorman, Dublin, five months earlier. Nash described leaving the GPO, drinking at a club, taking a wrong turn to Orchard View, breaking into the house, and using a bread knife to stab a woman in her bedroom and a second woman in another bedroom. He claimed he later regained control, left the house, and returned to his flat where he showered and slept. Nash also provided sketches of the house and a letter to his girlfriend. The statement was read by Detective Garda Gerard Dillon, and the case was presented to the Central Criminal Court, where Nash pleaded not guilty to the double murder of Sylvia Shields (59) and Mary Callanan (61).

2015-02-17 · Dublin

Jury foreman in double murder trial excused after telling the court he is to take garda assessment test

At the Central Criminal Court, the jury foreman in the trial of Mark Nash, accused of murdering two women in 1997, was excused from duty after disclosing his intention to sit a garda assessment test. Mr Justice Carroll Moran determined that the foreman's aspiration to join An Garda Síochána presented a perception of bias, particularly given that garda witnesses and their credibility form part of the case. The jury was subsequently reduced from twelve to eleven members, and a replacement foreman was elected. Detective Garda Anthony Reidy, now retired from Mill Street station in Galway, gave evidence concerning interviews conducted with Nash on 16 August 1997. During questioning about an assault in Roscommon, Nash allegedly volunteered an account of stabbing two women in Phibsborough months earlier. The court also heard that Nash subsequently pointed out a house at Orchard View in Grangegorman, which he identified as the location of the alleged murders. The trial continues. Mark Nash pleaded not guilty.

2015-02-16 · Dublin

Would-be robber who pointed imitation gun at gardaí will not face higher sentence despite appeal by prosecutors

Mark O'Reilly, 37, pleaded guilty to attempted robbery and possession of an imitation firearm at a service station in Tallaght on 11 March 2012. He was sentenced by the Dublin Circuit Criminal Court to three years' imprisonment, with 18 months suspended, on 7 April 2014. The Director of Public Prosecutions appealed the sentence as too lenient, but the Court of Appeal dismissed the appeal. O'Reilly pointed a realistic‑looking imitation handgun at two Gardaí during the robbery attempt. The attendant, Mr Rizman Ali, acted quickly, pressed the emergency button and counted the money while facing threats. Gardaí arrived, produced firearms, and arrested O'Reilly. He did not admit guilt in detention but claimed he had only pointed the gun at the attendant. O'Reilly's suspended sentence was reactivated after a Probation Service application, and he is now serving the suspended portion.

2015-02-16 · Cavan

Dublin man found not guilty of murder but guilty of manslaughter of archaeologist

A Dublin man has been convicted of manslaughter but acquitted of murder following a five-day trial at the Central Criminal Court. Kevin Moran, aged 30, was charged with the murder of archaeologist Emmett Connolly, 32, at Lodgeview in Cootehill, Co Cavan on 29 September 2013. The jury returned a majority verdict of 10 to 2, finding Moran guilty of manslaughter and not guilty of murder after five hours and eleven minutes of deliberation. Evidence presented during the trial outlined that the deceased sustained 17 stab wounds following an alcohol-fuelled altercation. The court heard testimony regarding Moran's statements to gardaí, in which he described both panic and rage as motivations. Moran was remanded in custody pending sentencing on 9 March. Mr Justice Paul Carney directed the jury to consider provocation as a potential partial defence to the charge.

2015-02-12 · Cavan

Archaeologist was stabbed 17 times, murder trial hears

A murder trial at the Central Criminal Court heard that archaeologist Emmett Connolly sustained 17 stab wounds during an incident at a house in Cootehill, County Cavan on September 28, 2013. Kevin Moran, aged 30, of Lodgeview, Cootehill, is charged with Mr Connolly's murder. He pleaded not guilty to murder but guilty to manslaughter, a plea the Director of Public Prosecutions did not accept. Deputy State Pathologist Dr Michael Curtis gave evidence describing the fatal injuries, predominantly to the deceased's left shoulder, arm and upper back. Several wounds penetrated deeply, with one reaching 12 centimetres and damaging the left lung. Dr Curtis stated the cause of death was multiple stab wounds. The court heard Mr Connolly, aged 32, an archaeologist who had recently returned from Australia, had high levels of alcohol in his system. The prosecution argued the evidence pointed to murder, while the defence submitted circumstances surrounding Mr Moran's personal loss were relevant to the case. The trial was continuing.

2015-02-11 · Dublin

State seeks to have claim of malicious prosecution dismissed

The Garda Commissioner and the State have asked the High Court to dismiss a claim of malicious prosecution brought by Dublin man James Walsh. Walsh alleges that he was the victim of a malicious prosecution arising from his 2007 trial for allegedly threatening to kill and to cause serious harm to journalist Paul Williams. He was acquitted by a jury in 2007. Walsh has sued the Garda Commissioner, Ireland and the Attorney General. The State and Garda argue that Walsh's civil action has suffered from inordinate delay and want of prosecution, and that he failed to advance his case expediently. They note that Walsh's statement of claim was served in October 2009, two years after his acquittal, and that he had not attended court on two occasions, resulting in his notice of trial being struck out.

2015-02-11 · Galway

Accountant who sexually assaulted four young girls has sentence reduced on appeal

Liam Brien, 44, was convicted of 22 counts of sexually assaulting four young girls between 1996 and 2006 in Killimor. After a five‑day trial at Galway Circuit Criminal Court, he received an eight‑year prison sentence on 17 March 2013. Brien appealed, arguing that the indictment should have been severed and the cases tried separately. The Court of Appeal upheld the conviction but reduced the sentence by three years. The appeal judge noted that the joint trial was appropriate because the abuse involved a systematic pattern of grooming, use of computer games, and repeated sexual contact with the children. The new sentence is six years' imprisonment, with the final 12 months suspended on the condition that Brien keeps the peace, behaves well, seeks transfer to Arbour Hill prison, and completes the sexual offenders programme there. Liam Brien pleaded not guilty.