Court archive

Court reports mentioning Galway

2024-07-08 · Galway

State fails in preliminary action over State's alleged secret deal with British military

The State has failed in a preliminary application to have a judge rule on the justiciability of Senator Gerard Craughwell's constitutional challenge regarding an alleged secret arrangement with the UK. In a hearing before Mr Justice Brian Cregan, the judge refused the defendants' motion to determine the issue of law in advance of the full hearing. The State and the Government, represented as defendants, argued that the senator's claims were not justiciable and that reviewing matters of external security would endanger State security. However, the judge noted that the defendants had not accepted the facts as pleaded by the senator, specifically the existence of an alleged international agreement allowing the RAF to intercept aircraft in Irish airspace. Citing case law, the judge stated that acceptance of the plaintiff's case as pleaded is a precondition for a preliminary trial. He further observed that the senator's case was clearly stateable and not bound to fail, and that evidence was required before the court could reach a conclusion. The judge ruled that the application for the trial of the preliminary issue must be refused. The matter was adjourned for a week to allow the parties to consider the decision. Senator Craughwell, who claims the alleged agreement is unconstitutional and was never put before the Dáil, seeks declarations that the arrangement breaches the Irish Constitution and an order restraining the government from legislating on the matter without a referendum.

2024-07-01 · Galway

Rugby player who left woman with extensive injuries after rape with bottle gets eight years

Jonathan (aka Johnny) Moran, 26, was sentenced to eight years in prison after a Central Criminal Court jury convicted him of rape and aggravated sexual assault. The offences occurred in a garden shed in Galway on July 21, 2019, where Moran allegedly used a bottle to penetrate the victim, Bláthnaid Raleigh, causing extensive physical injuries. Although the validated procedural stage is listed as an appeal, the report details the sentencing hearing where Mr Justice Tony Hunt imposed the custodial term. The judge set a headline sentence of 10 years, reduced to nine years due to Moran's lack of previous convictions and late acceptance of the verdict. The final year was suspended on strict conditions, including indefinite no-contact orders with Ms Raleigh, 18 months of Probation Service engagement, and a three-year period of good behaviour. Ms Raleigh, who waived her anonymity, read a victim impact statement describing the long-term physical and psychological trauma she suffered. She noted that her brothers left their local rugby club, where Moran also played, following the incident. The judge emphasized the critical importance of consent, warning that failure to ensure it results in serious sexual offences and significant immediate custodial sentences.

2024-06-17 · Galway

Survivor wants to be 'support and advocate for victims of sexual violence' after attacker convicted

Bláthnaid Raleigh, a 21‑year‑old from Mullingar, was raped with a bottle by Jonathan Moran, a 26‑year‑old acquaintance, in a garden shed in Galway on 21 July 2019. Moran was convicted by a Central Criminal Court jury of section four rape and aggravated sexual assault for penetrating her vagina and anus with a bottle. He denied using an implement and claimed the activity was consensual. Raleigh, who suffered extensive physical injuries requiring months of treatment, read her victim impact statement and said the conviction allowed her to use the word "rape." She expressed a desire to become a support and advocate for other victims of sexual violence, thanking the Rape Crisis Centre and Gardaí for their help. The court remanded Moran in custody until 1 July for sentencing. No further sentencing details are provided in the article.

2024-06-05 · Galway

Docs resolve dispute after break up of business partnership

Two West of Ireland doctors, Dr Eva Flynn and Dr Sean Mullin, resolved a High Court dispute after their partnership dissolved. The dispute centred on a temporary order issued in April 2024 that restrained Dr Mullin from preventing Dr Flynn from accessing the Moycullen Health Centre premises and from stopping her from treating patients there. Dr Mullin denied wrongdoing. The case was adjourned to allow out‑of‑court mediation. When the matter returned to the High Court, counsel for Dr Mullin informed the judge that the parties had reached a settlement through mediation. The proceedings were adjourned to October to implement the confidential settlement terms, after which the case could be struck out. No further details of the agreement were disclosed. The judge welcomed the resolution and the parties' decision to settle outside court.

2024-05-20 · Galway

Ex-president of auctioneers' body resolves whistleblower claim

The former president of the Institute of Professional Auctioneers and Valuers (IPAV), Gerry Coffey, has settled a whistleblower protection claim against the organisation. The dispute, which was being heard under the Protected Disclosures Act 2014 at the Workplace Relations Commission, was resolved after hours of talks. A statement released by the parties says that IPAV and Mr Coffey have settled all issues and wish to move past the recent conflict. The hearing, which was reopened at 12.30pm, was declared unnecessary by adjudicator Jim Dolan, who congratulated the parties and noted that "common sense may have prevailed." Both sides confirmed the settlement, and Mr Dolan will keep the file open for three weeks before treating the complaint as withdrawn if no further correspondence is received. The case had previously been scheduled for three full days of hearing, which have now been vacated.

2024-05-07 · Dublin

Musician's rape and abuse of younger sister 'swept under the carpet', court hears

Karl Ronan, aged 55, was sentenced to five and a half years' imprisonment for raping and indecently assaulting his younger sister Lynn Ronan, aged 51, over a four‑year period from 1982 to 1986. The abuse, which began in their Dublin home and continued in Laois and Galway, involved forced sexual acts and physical bullying. Lynn reported the abuse as an adult in 2018, after it had been discovered by their mother in 1986 and the siblings had seen a child psychologist. Mr Justice Paul McDermott noted the prolonged silence and the pressure on the victim to keep the secret. He sentenced Ronan to six years for rape and a concurrent three‑year term for indecent assault, suspending the final six months on strict conditions, including probation and no contact with Lynn. The judge praised Lynn's courage and highlighted the devastating impact of the abuse on her life. Karl Ronan pleaded guilty.

2024-04-25 · Dublin

Collins gang members jailed for using modified cars to steal from building sites

Martin Collins (42) and his brother Michael (33) were sentenced to three years in prison for a series of thefts carried out between March and August 2020. The brothers used modified people‑carrier cars, blackening windows and removing rear seats to conceal stolen tools from building sites. They were found guilty of possessing a vehicle with intent to commit theft at Barclay Court, Blackrock, on 23 March 2020, and of participating in organised crime. Martin admitted possession of plant equipment worth €5,080 stolen from Irish Rail on 19 August 2020, including a leaf‑blower, an Alpha mixer and an Atlas Trench Whacker. Judge Martin Nolan set a headline sentence of four and a half years, deducted 18 months, leaving an effective term of three years. The brothers had previously served 16‑month sentences for similar offences. The court noted their family background, mental health issues and efforts to disengage from crime.

2024-04-12 · Galway

Paramedic who raped vulnerable woman is jailed for 8.5 years

John Joseph Devaney, aged 65, was convicted of rape and indecent assault against a 24‑year‑old deaf woman in 1985. The offence occurred in a rural caravan between September and November 1985. Devaney, a paramedic, denies the verdict and maintains his innocence. The victim, who wished to remain anonymous, described feeling scared, sick, dirty, confused, embarrassed and sad. The court, presided over by Ms Justice Karen O'Connor, imposed a sentence of eight years and six months for rape and six years for indecent assault, with both sentences running concurrently and back‑dated to his entry into custody in January. Devaney's work history and lack of prior sexual convictions were noted as mitigating factors, but no guilty plea was entered. The victim's impact statement highlighted the severe impact on her independence and psychological well‑being. The case was heard at the Central Criminal Court in December 2023 and the sentence was announced on 12 April 2024.

2024-03-25 · Galway

Worker who said she was told job moving boxes was 'only for men' wins €7.5k

Jess Quinn, a temporary employee at SSL Ltd, claimed she was told a manual‑handling vacancy at Merlin Park University Hospital was "only for men" because of the weight of the boxes. She applied for the role after being told her contract would not be renewed. Quinn said she was told at a meeting that the job was unsuitable for her due to her gender and the weight of the boxes, and that only men would be considered. She was not called for an interview and two men were hired instead. The Workplace Relations Commission found the company's statement discriminatory, noting it failed to assess Quinn's physical capability. The commission awarded Quinn €7,500 in compensation under the Employment Equality Act 1998. The decision was made by adjudicator Niamh O'Carroll.

2024-03-21 · Dublin

'Fall Guy' jailed for 'disastrous' role in 'murky' north-south plant leasing scam

Charles Mavitty, 66, of Enniskillen, Co Fermanagh, was sentenced at Dublin Circuit Criminal Court to two and a half years in prison after pleading guilty to two counts of inducing others by deception to approve lease agreements on April 3 and 5, 2017. Judge Martin Nolan described Mavitty as the "front man" and a "vital cog" in a fraud involving the leasing of heavy plant machinery, noting that he signed paperwork and engaged financial companies using false documents, including fake utility bills, bank statements, and tax clearance certificates. The prosecution alleged that two Dublin-based financing companies, Bluestone Asset Finance and Finance Ireland, suffered a combined loss of over €240,000 after lending money to purchase two Hitachi excavators that have never been located. Mavitty provided a false address in Galway and made excuses regarding the machines' whereabouts. Defence counsel argued that Mavitty was a "pawn" and a "fall guy" in a larger scheme, stating he was pressurised by others and did not benefit financially. Judge Nolan set a headline sentence of five years but reduced it by half due to mitigating factors, including Mavitty's lack of previous convictions, his status as a family man, and his cooperation with authorities. The judge inferred that Mavitty knew what he was doing and never intended to use the machines. The matter was finalised with the imposition of the custodial sentence.

2024-03-15 · Cork

Fota Island resort owner gets temporary freezing orders after alleging fraud

The owners of the Fota Island resort and other luxury hotels in Cork have secured temporary freezing orders against former directors Xiu Xiang Kelly and her son Tuo Du. The High Court granted the orders after Mr Yuzhu Kang, a Chinese businessman who had previously resolved a dispute over the resorts, alleged that the directors defrauded the companies of more than €1.8 million. Mr Kang claims the directors received €1.5 million for artworks and furniture that were worth far less, and that €246,000 was paid for sham redundancies in 2021. He also cites an unpaid €125,000 loan to Ms Kelly. The court ordered that Ms Kelly's assets not fall below €1.85 million and Mr Du's not below €1.7 million, pending further proceedings. The case remains at the temporary injunction stage, with the matter set to return to court early next week.

2024-03-01 · Galway

'There is help out there': sisters urge victims to come forward as 'vile' abuser brother is jailed

Three sisters from Galway accused their older brother, Martin Davis, of repeated sexual abuse during the 1970s. Carmel Connelly, aged 10 at the time, was raped by Davis, who was then 15‑16, and later subjected her to digital penetration while masturbating. Michelle Davis, aged seven when first abused, was forced into anal penetration and later had her underwear removed and her anus penetrated by Davis, who was 23. Audrey Stanley, nine at the time, was abused with tickling games that escalated to genital touching. Davis denied all charges during a 2018 interview. A Central Criminal Court jury found him guilty of one count of rape and eight counts of indecent assault. Judge Melanie Greally sentenced him to eight years' imprisonment, back‑dated to his custody, and placed him on the sex offender register. The sisters read victim impact statements, urging others to come forward for support.

2024-02-26 · Galway

Married schoolteacher's one-year sentence for sexual exploitation of girl (16) was too lenient, court finds

John Murphy, a 43‑year‑old married secondary school teacher, was found guilty of sexually exploiting a 16‑year‑old girl via Instagram between June 2017 and June 2018 and of possessing child pornography in 2008 and 2010. He pleaded guilty at Wicklow Circuit Criminal Court in July 2023. The Court of Appeal, after reviewing a probation report that highlighted Murphy's hostility to women, medium risk of reoffending, and the serious impact on the victim, ruled that the original one‑year sentence was too lenient. The appeal court doubled the sentence to three years, suspended the final 12 months, and clarified that the effective custodial term is 24 months. The decision was based on aggravating factors such as the prolonged communication, explicit sexual content, and the victim's vulnerability, while mitigating factors like Murphy's lack of prior convictions and cooperation with Gardaí were deemed insufficient to offset the seriousness of the offences.

2024-02-20 · Galway

Cancer survivor wins €5k after HSE ordered her back to kitchen work during pandemic

Deirdre O'Grady, a cancer survivor with chemotherapy‑induced nerve damage, filed a complaint under the Employment Equality Act 1998 against the Health Service Executive (HSE). She had been promised a full‑time office role in Tuam after her treatment, but when the Covid‑19 pandemic began in 2020 she was redeployed to Ballinasloe and required to work full‑time in a kitchen, contrary to medical advice. The HSE argued it had adhered to medical recommendations and that occupational health reports deemed her fit for the duties. The tribunal found the HSE had made some efforts but failed to meet its legal obligations for reasonable accommodation. The adjudicating officer awarded O'Grady €5,000 for disability discrimination, while rejecting a claim for extra mileage compensation as an unreasonable burden on the employer.

2024-02-19 · Galway

Registrar of Companies takes actions against District Court decisions

The Registrar of Companies has filed High Court actions to annul District Court orders that granted two companies, Kitchen Innovations Limited and Greenay Ltd, additional time to file their annual returns. The Registrar argues that the courts lacked jurisdiction to issue a second extension beyond the single 28‑day period normally allowed. The proceedings, represented by Brian Conroy SC and John Freeman BL, seek to set aside the orders and declare any returns filed under them as not lawfully registered. Justice Niamh Hyland granted the Registrar permission to proceed ex‑parte, with the case scheduled for a hearing next month. The Registrar also requests declarations that the returns were not delivered within the statutory periods and should be removed from the register. The action follows the lifting of a pandemic‑era suspension on enforcement of non‑filing penalties, which will resume shortly.

2024-02-16 · Galway

One-year sentence for married teacher who sexually exploited girl (16) too lenient, State argues

John Murphy, a 43‑year‑old married secondary school teacher, was sentenced to one year in prison for sexually exploiting a 16‑year‑old girl via Instagram. He communicated with the victim for a full year while she was preparing for her junior certificate exams, with the content escalating to explicit descriptions of penetration. A probation report noted that Murphy tended to rationalise his behaviour, had a medium risk of reoffending, limited understanding of the harm caused, emotional disconnect, limited insight, and displayed sexually compulsive behaviour over a long period. The sentencing judge had originally set a headline sentence of six years, reduced it to three years, and suspended the final two years, a decision criticised by the Director of Public Prosecutions for placing too much weight on mitigating factors such as Murphy's good career and lack of prior convictions. Murphy also pleaded guilty to possession of child pornography in 2008 and 2010. The Court of Appeal reserved its judgement.

2024-02-16 · Galway

Fund rejects 'in strongest possible terms' allegations of wrongdoing at Galway property

Lucy Ewins, a Kenyan‑born resident of Ireland for over 30 years, has brought an injunction application against Promontoria Scariff Designated Activity Company and receiver Mr David O'Connor, alleging unlawful conduct in the sale of her four‑bedroom home in Knocknacarra, Galway. She claims the defendants' agents changed the locks, attempted to market the property for auction, and that a representative once stayed overnight in the sitting room, constituting trespass and a breach of her privacy rights. Ewins also alleges intimidation and harassment over several years. She seeks to restrain the defendants from selling or trespassing on the property. The High Court granted her permission to file the injunction, and the case was adjourned for two weeks to allow the defendants to reply. The defendants deny all allegations in the "strongest possible terms" and have offered undertakings not to sell or attend the property until the matter returns to court.

2024-02-14 · Galway

Businesswoman asks for orders to halt auction of Galway property

Lucy Ewins, a businesswoman who has lived in Ireland for over 30 years, has applied to the High Court for injunctions to stop a financial fund and its receiver from trespassing on or selling her Galway City home at The Rise, Knocknacarra. She alleges that the defendants' agents entered her residence, changed the locks, and are attempting to market the property for auction. Ewins also claims that a representative of the defendants stayed overnight in the sitting room and that the defendants have harassed her for years. She says the property has been her principal private residence since 2014 and that she lives there permanently after her marriage ended. Ewins seeks orders restraining the defendants from selling the property and from any further trespass or interference. The case was adjourned to a later court sitting after the judge allowed her to serve short‑notice proceedings on the defendants.

2024-02-08 · Dublin

Brothers damaged pub, attacked patron after drink refusal

In a Dublin Circuit Criminal Court hearing, Shane Byrne (35) and his brother Luke (28) pleaded guilty to assault causing harm and criminal damage after a St Stephen's Day incident at Boomers Bar, Woodford Walk, Clondalkin. The brothers, who had been refused further drinks, entered the pub, damaged the exterior and several parked cars, and then attempted to re‑enter after the pub was closed. A customer tried to stop Luke, who pushed him to the ground, causing a 90‑degree ankle twist and a bad fracture that required surgery. Both brothers then kicked and punched the victim, who was off work for three and a half months. Judge Martin Nolan sentenced Shane to 16 months in prison, describing him as the "initiator" of the "obstreperous behaviour", while Luke received a fully suspended 16‑month sentence and was ordered to pay €4,000 to the victim or a charity of the victim's choice.

2024-02-08 · Dublin

Worker couldn't resume employment after violent attack by shoplifter

In a February 2024 court hearing, Andrew Smith, 38, was sentenced to four years in prison for possession of an improvised firearm, to run consecutively with a two‑year sentence for assault causing harm. Smith, who has 94 prior convictions, was found guilty of using a sweeping brush to attack a shop worker who had tried to stop him from shoplifting. The victim, a Chinese man who had worked in the shop for eight or nine years, suffered two broken fingers and could not resume work, eventually returning to China. Smith's defence argued for a suspended portion of the sentence, but Judge Pauline Codd refused. The court noted Smith's racist language, the use of the brush, and his history of violent offences as aggravating factors, while his acceptance of responsibility and prior bail status were considered mitigating. The improvised firearm was seized during a search of Smith's home, where a shotgun and live cartridges were found.

2024-01-15 · Limerick

Two years for man (65) who engaged in sex act with learning disabled woman

Peter Guerin, 65, was sentenced to two‑and‑a‑half years in prison, with six months suspended, for engaging in a sexual act with a highly vulnerable learning‑disabled woman. The woman, travelling from sheltered accommodation to Limerick, was taken by Guerin from a bus station to his home, where he offered her money and attempted sexual contact. She later reported the assault and was examined at a sexual assault treatment unit. Guerin pleaded guilty to the offence of engaging in a sexual act with a protected person on 30 April 2018. The judge accepted the plea on the basis of recklessness, noting the woman's low cognitive function and vulnerability. Conditions of the suspended portion include staying away from the complainant, maintaining peace and good behaviour for three years, and engaging with the Probation Service for twelve months after release.

2024-01-15 · Clare

Man goes on trial accused of murdering Clare pensioner

Thomas Lorigan, 34, of no fixed abode, is set to stand trial for the murder of 79‑year‑old John O'Neill in Lisdoonvarna, Co Clare, between 6 and 7 January 2022. He pleaded not guilty. The prosecution is led by senior counsel Eilis Brennan; the defence is headed by Michael Bowman SC. Judge Paul McDermott noted Lorigan's former residence in Lucan, Dublin, and that O'Neill ran a bed and breakfast on St Brendan's Road until 2021. The jury, five men and seven women, will hear the case, which is expected to last up to four weeks.

2024-01-11 · Dublin

Bank manager gets two years for €2.7m bogus loan scheme

Patrick Challoner, a former AIB manager aged 54, was sentenced to three years' imprisonment with the final 12 months suspended for two years after a 16‑year scheme that saw €2.7 million stolen from the bank. He created bogus loans and investment accounts, taking money from customers who believed they were authorising investments that were never made. The scheme involved over 100 charges and thousands of transactions, with the bank suffering a total loss of €3.2 million. Challoner did not personally profit; he repaid €60,000 and expressed remorse. He pleaded guilty to five theft charges and one deception charge, and the court noted his early guilty plea, cooperation, and good character as mitigating factors. The judge highlighted the seriousness, amount involved, duration, and repetitive nature of the offence as aggravating factors. The case was heard in the Dublin Circuit Criminal Court.

2023-12-20 · Galway

'You like all this Ted Bundy sh*t': victim didn't know if she would escape alive during violent rape

In a Galway apartment on 1 November 2019, a 25‑year‑old former defence forces member raped, sexually assaulted and repeatedly choked a 20‑year‑old college student. The attacker, who was serving in the military at the time, taunted the victim with remarks such as "You like all this Ted Bundy shit" and used force that included biting, punching and headlocks. The victim, who survived the night, later gave a victim impact statement describing the terror and the physical injuries she sustained. The accused pleaded guilty to one count of rape. Mr Justice David Keane sentenced him to nine years' imprisonment, suspending the final two years on strict conditions. The sentence was back‑dated to the day he entered custody on 7 June. The court noted the offender's good character, lack of prior convictions and exemplary military service as mitigating factors, while the extended nature of the assault and repeated choking were aggravating factors.

2023-12-20 · Galway

'Demon from hell' gets 13.5 years for 'relentless' rape and abuse of niece

A 40‑year‑old Galway man was found guilty by a Central Criminal Court jury in Mullingar of sexual assault, attempted vaginal rape, anal and oral rape of his niece between 2007 and 2017. The victim, aged eight to ten and later fifteen to eighteen, described the abuse as relentless and degrading, noting the uncle's threats and grooming. The court imposed a headline sentence of 17½ years for the rape offences and seven years for the assault charges, but the judge set a global sentence of 15 years with the final 18 months suspended on strict conditions. The defendant, who has a prior assault conviction and struggles with mental health and addiction, maintains his innocence. The judge cited the prolonged period of offending, the victim's profound harm, and mitigating factors such as the defendant's cooperation and family support. The sentence was confirmed after a three‑week trial.

2023-12-19 · Galway

'Difficult' case sees teenager who raped younger sister avoid detention

In a case described as "difficult", a 17‑year‑old Galway teenager pleaded guilty to one count of anal rape and two counts of sexual assault against his nine‑year‑old sister. The court, noting that both the victim and defendant still live in the family home, imposed a fully suspended detention of three years for the rape and one year for each assault. All periods were suspended for two years on strict conditions, including the teenager's continued education and completion of his Leaving Certificate or an equivalent programme. He was placed under Probation Service supervision for 12 months. The judge cited a "positive" report and urged the boy to remain grateful to his sister and family, while acknowledging the family's ongoing trauma and the need to keep the matter behind them. The teenager's mother attended the hearing. The case was handled with sensitivity by the court and involved reports from Tusla, Probation and psychological services.

2023-12-08 · Galway

Court rejects appeals by Galway Races rapist and sexual offender

Two men from Longford have failed in their conviction appeals at the Court of Appeal following their trial for rape and sexual assault during the Galway Races in August 2017. Karl Reilly of Carrickboy and Patrick McLoughlin of Moydow were convicted and sentenced to seven and five years' imprisonment respectively, with 18 months suspended in each case. The appellants, who had pleaded not guilty, argued that an erroneous time-stamp on phone evidence discovered during trial prejudiced their defence preparation and that their trials should have been separated. Presiding judge Mr Justice George Birmingham dismissed both grounds of appeal. The court found that the phone timing discrepancy, whilst unfortunate, did not cause irreparable damage to the trial and could have been addressed through further cross-examination or closing speeches. On the severance issue, the judge noted that the differences between the men's accounts to gardaí were minor and that joint trials routinely proceed where potential defence difficulties are far greater. Both conviction appeals were dismissed in their entirety.

2023-11-28 · Dublin

Money mule avoids jail for part in smishing fraud

A 23‑year‑old Dublin man, Josh Reidy, pleaded guilty to possessing more than €19,000 as proceeds of crime in two smishing frauds that occurred in August 2021 and July 2022. Smishing involves sending text messages with fake links that redirect money to other accounts. Bank of Ireland recovered all but €900 of the first €19,421 withdrawal and €18,973 of the second €19,877 withdrawal, leaving victims with losses of €900 and €904 respectively. Gardaí traced the beneficiary accounts to Reidy, who was living on Sundrive Road and later at Landsdowne Gate apartments. He claimed a €3,000 drug debt and said he had been forced to provide his passport and mobile details to pay it off. The court accepted his cooperation and the threat he faced, and imposed an 18‑month suspended sentence with strict conditions, including continued drug rehabilitation.

2023-11-17 · Offaly

"Because of you, I'll never get to marry my soulmate" - Ashling Murphy's boyfriend condemns "lowest of the low" Jozef Puska

In a courtroom in Dublin, Ryan Casey, the boyfriend of the 23‑year‑old teacher Ashling Murphy, delivered a tearful statement after the jury convicted Jozef Puska of murder. Casey described his love for Murphy, their plans to marry and start a family, and the loss he feels. He accused Puska of showing no remorse and called him "the lowest of the low." The judge, Mr Justice Tony Hunt, imposed a mandatory life sentence, noting the seriousness of the crime and the possibility of a whole‑life order. Puska, 33, was found guilty of stabbing Murphy eleven times and slashing her once before leaving her to die near a canal in Tullamore. He will be eligible for parole after 12 years. Casey's statement focused on the personal grief and the impact of Murphy's death on his life.

2023-11-14 · Mayo

Murder accused described 'waiting in long grass' for wife

The Central Criminal Court trial of James Kilroy, 50, accused of murdering his wife, Valerie French Kilroy, 41, at their Co Mayo home in June 2019, continued with the prosecution case closing. Mr Kilroy has pleaded not guilty by reason of insanity. The jury heard evidence from gardai interviews in which the accused described waiting in the long grass for his wife before slitting her throat and choking her with his bare hands. He stated he used a black serrated knife and smashed her head, describing the event as a frenzy. The prosecution noted that Ms French Kilroy died from strangulation, blunt force trauma, and a stab wound. Defence counsel called consultant forensic psychiatrist Dr Ronan Mullaney, who testified that the accused had a long history of cannabis use, including therapeutic consumption of high-THC 'AK-47' strain in the three years prior to the death. Dr Mullaney stated that THC can induce substance-induced psychosis in predisposed individuals and that the accused slightly increased his use in the week before the incident. The accused also reported feeling watched and paranoid in the days leading up to the event. The trial is ongoing, with no final verdict or sentence recorded at this stage.

2023-11-08 · Dublin

Man (23) allowed bank account to be used in 'smishing' fraud

A 23‑year‑old Dublin man, Josh Reidy, was found guilty of two counts of possessing over €19,000 as proceeds of crime. The money was moved through a smishing scheme, where victims received text messages with fake bank links that redirected their funds to Reidy's accounts. Bank of Ireland recovered all but €900 of the first €19,421 withdrawal and €18,973 of a second €19,877 withdrawal, leaving victims with losses of €900 and €904 respectively. Gardaí traced the transactions to Reidy, who was living on Sundrive Road and later at Landsdowne Gate, Drimnagh. Reidy admitted he had a €3,000 drug debt and had supplied his passport and mobile details to the fraudsters. He claimed he was threatened and physically assaulted by the group, and that his mother was also threatened. The court noted Reidy's good work history and his intention to resume employment in January after paying the €900 owed.

2023-11-01 · Dublin

Bank manager didn't benefit from €2.7m bogus loan scheme, court hears

Patrick Challoner, a former AIB bank manager aged 54, was found by the Dublin Circuit Criminal Court to have carried out a €2.7 million fraud over 16 years by creating bogus loan and investment schemes. He did not personally profit from the scheme, which involved taking money from customers who believed they were authorising investment accounts that were never established, and then using those funds to create fake loans for other customers. The scheme included 44 fictitious loans, 22 customers whose funds were misappropriated, and €900,000 given to 33 customers without paperwork. The bank suffered a total loss of €3.2 million, including reimbursements and audit costs. Challoner pleaded guilty to five theft charges and one deception charge, and was remanded on continuing bail pending sentencing on 27 November. He has since left the bank and is now working as a pizza delivery person.

2023-10-31 · Galway

Former hotelier fails in second bid to overturn conviction for rape of employee (17)

Brian Shaughnessy, a former hotelier, has failed in his second appeal to overturn his conviction for raping a 17-year-old part-time employee in the presidential suite of the Loughrea Hotel and Spa in July 2010. Shaughnessy was convicted by a jury in March 2013 and sentenced to six years, with one year suspended. His initial appeal was rejected in April 2020, but the case was sent back to the Court of Appeal following a Supreme Court ruling. In his appeal, Shaughnessy claimed that his legal team did not adequately represent him and that a timeline, potentially containing a missing hour and 15 minutes, was not properly addressed in cross-examination. He also alleged that the timeline was only mentioned in a defence speech to the jury. His former legal team denied any claims of incompetence. At the second appeal hearing, Shaughnessy claimed he provided critical documents to his legal team, including key card and phone records, which he said were not used in the trial. However, the Court of Appeal President, Mr Justice George Birmingham, dismissed the appeal, stating that the court was not persuaded that the trial was unfair or that the legal team's performance rendered the conviction unsafe. The court noted that Shaughnessy had not provided a specific account of the time spent in the suite and that the significance of the timeline was diminished due to the lack of a clear alternative explanation. The matter was adjourned and never described as concluded or finalised.

2023-10-27 · Galway

Challenge to permission allowing expansion of Connemara harbour

An Environmental Protection group, Wild Ireland Defence CLG, has lodged a High Court judicial review challenge against Galway County Council's decision to extend planning permission for a proposed expansion of Rossaveel Harbour in the Connemara Gaeltacht. The challenge, brought by the Cork‑based organisation, concerns the environmental impact of a deep‑water quay that would provide 200 metres of berthing frontage, low concrete sea walls, an access road, lighting, drainage and protective structures. The original permission, granted to the Department of Agriculture, Food and the Marine, expired in July 2023 and was reportedly extended on 10 July following an application by the Minister. Wild Ireland Defence argues that the council failed to properly assess the development under EU directives on Habitats, Water Frameworks and Environmental Impact Assessment, and that it gave no adequate reasons for the extension. The case, represented by Evan O'Donnell BL of Harrington & Co, seeks orders including a quashing of the extension.

2023-10-23 · Galway

Man raped then-partner as infant lay in bed beside her

In a case heard in the Central Criminal Court, a 41‑year‑old man was convicted of raping his then‑partner in County Galway on 17 November 2019. The assault occurred while the woman's eight‑month‑old baby slept beside her in the bed. The victim, who suffered significant mental health issues, reported the crime to emergency services after the defendant, who had been drinking vodka, entered the bed and forced himself upon her. Three audio recordings of the incident were presented to the jury. The defendant denied the offence and continued to deny it after conviction. Justice Karen O'Connor sentenced him to six years' imprisonment, noting the victim's vulnerability and the presence of a child as aggravating factors. The case was prosecuted by Gerardine Small, SC, and the defendant's defence counsel highlighted his religious background and language difficulties. The victim's impact statement described the lasting emotional trauma of the night.

2023-10-23 · Roscommon

Palani's murders 'an attack on our nation's freedoms and compassion', victim's family write

In the victim impact statements presented at the court, the family of Aidan Moffitt described the murder as a brutal and senseless act that shattered their lives. They highlighted Aidan's gentle nature and success as a businessman, noting that the violence inflicted upon him was "even harder to understand." The family expressed deep grief, feeling that the media's coverage was intrusive and overstepped boundaries, focusing more on the victim's image than on the perpetrator. They described their lives as a "living nightmare," with unanswered questions about why Aidan was targeted. The statements also included remarks from Aidan's brother, Christy Moffitt, who spoke of the shock of learning Aidan had been murdered in his own home, and from a friend, Blaine Gaffney, who lamented the loss of a man full of life. The family's overarching message was that the murder was an attack on the nation's freedoms and compassion, and they hoped the accused would never again harm another person.

2023-10-23 · Clare

Drug dealer to serve a consecutive 27 years after shooting that 'terrorised the public'

Tony McInerney, a convicted drug dealer and leader of a large network in Co Clare, was sentenced at the Central Criminal Court to a consecutive 27 years in prison. The court heard that McInerney, who pleaded guilty in July to the attempted murder of Daniel Harty Junior in Sixmilebridge in January 2020, will serve a 17-year term for that offence. This sentence runs consecutively to a ten-year term he is already serving for running a cocaine factory, a sentence originally set at 12 years but reduced by the Court of Appeal. McInerney also pleaded guilty to reckless endangerment and making threats to kill, receiving five years for each charge to run concurrently with the attempted murder sentence. The judge described the incident as "gangland thuggery and violence," noting that the attack, allegedly linked to a drug debt and personal animosity, terrorised the public. An innocent bystander was shot in the buttock, while Harty Junior suffered three gunshot wounds, losing the use of his left arm. The judge highlighted the planned nature of the crime, involving a vehicle stored for a month, and the indifference shown to bystanders. McInerney's previous convictions and the high level of criminality necessitated the consecutive sentencing structure.

2023-10-20 · Galway

Pair jailed over rape and sex assault of woman in van launch appeals over incorrect phone evidence

Two men from County Longford have appealed their convictions for rape and sexual assault at the Court of Appeal following issues with phone evidence presented at their trial. Karl Reilly of Aghara, Carrickboy was sentenced to seven years' imprisonment with eighteen months suspended for rape; Patrick McLoughlin received five years' imprisonment with eighteen months suspended for sexual assault. Both men had pleaded not guilty to charges relating to an incident in August 2017 at Galway. Their legal representatives argued that an erroneous timestamp on mobile phone records, discovered only after defence cross-examination was completed, prejudiced trial preparation and rendered proceedings unsatisfactory. They also contended that the trial should have been separated, given inconsistencies between the men's accounts to gardaí. The State's counsel submitted that the timing discrepancies were minor and did not alter the intervals between calls or the approximate timeline of events. Justice Patrick McCarthy reserved judgment on the appeals.

2023-10-16 · Mayo

Terminally ill man and trainee priest brother jailed for rape of young cousin

Two brothers have been sentenced to a combined seven years imprisonment following their conviction for the sexual abuse of their cousin over a four-year period in the late 1990s and early 2000s. Aidan Gallagher, aged 40, of Westport, County Mayo, received five years with two years post-release supervision after being convicted of six counts of oral rape committed between 1998 and 2003 in sheds near their homes. Thomas Gallagher, aged 38, of County Galway, was sentenced to two years imprisonment after conviction on one rape charge and seven counts of sexual assault at the family's former home in County Leitrim between 1999 and 2003. Mr Justice David Keane reduced Thomas Gallagher's sentence citing his diagnosis with Motor Neuron disease in October 2022 and life expectancy of less than two years, whilst noting that serious offences ordinarily warrant custodial sentences. Both men had denied the allegations. The Central Criminal Court jury, sitting in Carrick-on-Shannon, convicted them in May 2023. The complainant waived anonymity to permit identification of her cousins.

2023-10-16 · Clare

'Wild West stuff': bystander shot in buttocks after drug dealer opened fire at music festival

Tony McInerney, the appellant, appeared before the Central Criminal Court at a sentence hearing for offences committed in January 2020. McInerney, who the court heard was the leader of a large drug network in Co Clare, pleaded guilty to the attempted murder of Daniel Harty Junior, intentionally or recklessly discharging a firearm, and making a threat to kill or cause serious harm to Harty Junior. The court heard that McInerney was initially jailed for 12 years for running a "cocaine factory" in 2020, a sentence later reduced to ten years by the Court of Appeal. During the current proceedings, Detective Sergeant Kevin O'Hagan detailed how McInerney and another man fired shots at Harty Junior during a music festival in Sixmilebridge, injuring an innocent bystander in the buttocks. McInerney was arrested in 2021 and has 13 previous convictions, including possession of explosives. Defence counsel Michael Collins SC submitted that McInerney had pleaded guilty early and apologized to society. Mr Justice Paul McDermott remanded McInerney in custody until next Monday, when he will be sentenced.

2023-10-12 · Galway

Preliminary trial to decide issues in case over State's alleged secret deal with RAF

In a pre-trial hearing, Mr Justice Rory Mulchay directed that a preliminary trial be held to determine the State's argument that an action brought by Independent Senator Gerard Craughwell is non-justiciable. Senator Craughwell alleges that an unapproved arrangement allows the Royal Air Force to intercept aircraft in Irish airspace, claiming this is unconstitutional and requires a referendum. The Government and State oppose the action, denying any improper conduct and arguing that courts cannot review matters of external security falling within executive powers. The judge accepted that the defendants' claim of non-justiciability should be heard by way of a preliminary trial, citing the sensitivity of the issues and the potential to resolve legal questions without trespassing on security matters. However, the court rejected the defendants' request to determine a second related issue regarding the review of external security proceedings, finding it lacked sufficient agreed facts. The judge noted that if the preliminary trial does not resolve the proceedings, the question of a modular trial may be revisited. The matter was adjourned to return before the judge at a later date for final orders.

2023-07-31 · Sligo

'Scourge' of Sligo gets 11 years for directing organised crime

Barry Young, aged 38, has been sentenced to eleven years' imprisonment at the Special Criminal Court for directing a criminal organisation. Mr Justice Tony Hunt imposed the custodial term following Young's guilty plea to the charge, which carried a maximum of sixteen years. The judge described Young's activities as a "scourge" on the Sligo community over several years, though acknowledged his gang was smaller in scope than other organised crime groups. Young operated a drug distribution network with hierarchical command structures involving at least twenty members across the northwest. Gardaí seized over €628,000 in drugs linked to the gang and €40,000 in cash from Young's accounts, despite his stated income being social welfare payments. The investigation, initiated following Young's arrest at Dublin Airport in January this year whilst attempting to travel to Spain, uncovered thousands of communications detailing drug sales, debt enforcement involving intimidation, and cash movements. Young's sentence was reduced to twelve years to reflect his early guilty plea and mitigating circumstances.

2023-07-31 · Galway

Man (51) jailed for nine years for rape and sexual exploitation of teenage nephew

A 51‑year‑old man from Galway was sentenced to nine years and a half in prison, with the final six months suspended, for the sexual exploitation and rape of his teenage nephew between 2016 and 2017. He pleaded guilty to one count of anal rape, one count of sexual assault and one count of sexual exploitation. The victim, aged 14 or 15, was abused at several locations including the defendant's home, car, a horsebox and the victim's home. The abuse involved inappropriate touching, masturbation, oral and anal rape, and a threat to report the abuse. The victim's behaviour changed from "happy‑go‑lucky" to misbehaving, and he eventually reported the abuse after his sister's encouragement. The court heard the victim's impact statement, noting mental health and family relationship effects. The judge, Ms Justice Karen O'Connor, acknowledged the victim's reaction and the support of family members.

2023-07-28 · Galway

Couple's 'secret' garden interrupting developer's plans, High Court told

Moyrock Properties Limited applied to the High Court to stop a couple, Joseph and Margret Cooney, from using a hidden garden on land it bought in 2021 for over €1.6 million. The company said the garden, only visible by drone, was built on its property and that the Cooneys were trespassing. Moyrock requested an injunction but suggested a one‑month stay to allow the couple to harvest. In a separate case, Moyrock sued four other individuals—Garry Regan, Raymond Walsh, Philip O'Gorman and Anthony Dolan—who it says were occupying a part of the land near a structure called the 'Blue Shed'. The defendants claimed a lease, which Moyrock denied, noting no formal agreement or rent had been paid. The court granted the Cooneys' request for short notice of the injunction and ordered the case to return in August, while the other proceedings were also scheduled for a next‑month hearing.

2023-07-28 · Galway

Court quashes man's conviction for repeated rape of woman he met on dating site

In a Court of Appeal decision on 28 July 2023, the conviction of Bajo Ziflai, a 23‑year‑old Albanian national, was quashed. Ziflai had been found guilty by a jury of four counts of raping a 23‑year‑old woman he met on a dating website, where he used a false name, and one count of sexual assault. The original trial, held in Central Court in July 2022, had sentenced him to nine years' imprisonment. Ziflai had pleaded not guilty to all five charges and maintained that the woman's allegations were fabricated. The appeal argued that the trial judge erred in how the jury was instructed on the significance of lies told by the accused. The Court of Appeal, led by Mr Justice Patrick McCarthy, held that the jury may not have fully understood the role of lies, found the verdict unsafe, and directed a retrial. No new sentence was imposed.

2023-07-24 · Mayo

Judge faces unique situation of having to sentence terminally ill rapist

At the Central Criminal Court in Carrick-on-Shannon, County Leitrim, two brothers have been convicted of sexually abusing their young cousin between 1999 and 2003. Aidan Gallagher, aged 40, of Dadreen, Westport, was convicted of six counts of oral rape. Thomas Gallagher, aged 38, of Cuttenty, Annaghdown, was convicted of one count of rape and seven counts of sexual assault. The complainant, who waived anonymity, provided a victim impact statement describing how the abuse shaped her life, leading to substance misuse and mental health difficulties, though she has since achieved sobriety and recovery. Mr Justice David Keane noted that Thomas Gallagher was diagnosed with Motor Neurone disease in October 2022 with a life expectancy of less than two years, describing it as a unique sentencing situation. The judge remanded both men in custody pending sentencing on 9 October and directed the Prison Service to report on facilities for managing the defendant's terminal illness.

2023-07-19 · Galway

Bus Éireann directed to carry out urgent review after support dog discrimination

In a tribunal decision dated 19 July 2023, the Workplace Relations Commission found that Bus Éireann's refusal to allow Galway man Robert Cantwell to travel with his support dog, Osho, was discriminatory under the Equal Status Act 2000. Cantwell, who suffers partial paralysis from a childhood brain injury and relies on the dog for mental health support, had repeatedly sought permission from a local manager, Peter Melia, who cited the company's policy that only fully trained guide or assistance dogs may travel free of charge. Cantwell's attempts to comply, including offering to train the dog or purchase a certified service dog, were rejected. The adjudicator, Louise Boyle, ruled that the company's failure to provide reasonable accommodation constituted a prohibited act, awarding Cantwell €1,500 in compensation and ordering Bus Éireann to urgently review its disability access policies. The decision emphasised that the policy's restrictions on dogs, cats, or other animals were not justified by the circumstances presented.

2023-07-17 · Galway

Galway farmer jailed for rape and abuse of nephew

A 53‑year‑old Galway farmer was sentenced to nine years' imprisonment, with the final year suspended, for indecent assault, sexual assault and oral rape of his nephew between 1989 and 1996. The nephew, now 39, was aged five to 13 during the offences and described the abuse as a "horrendous childhood" that left him with lasting pain, flashbacks and sleepless nights. He said the farmer, whom he trusted, took advantage of him while he helped on the farm, and that the abuse began with unwanted touching during "games" and progressed to masturbation and oral rape. The abuse stopped when the nephew entered secondary school. The farmer pleaded guilty, had no prior convictions, and was described by the court as a single man with health issues. The judge noted the plea as a mitigating factor and imposed a nine‑year sentence with the final year suspended on strict conditions.

2023-07-12 · Galway

Ex fisheries director 'acting irrationally' when son (13) allowed drive State tractor

Patrick Gorman, a former director of Inland Fisheries Ireland, claimed that after being suspended in February 2022, he had his 13‑year‑old son drive a State‑owned tractor on a public road at night. He said the suspension shocked him and that he was not acting rationally. The Workplace Relations Commission heard that the allegations of corruption made against him in a protected disclosure were not upheld, but the agency dismissed him for the unauthorised use of the tractor and a boat while suspended. Gorman said he had taken the tractor and a four‑metre RHIB to his home and later used the boat alone on Lough Mask. The tribunal noted that the use of the tractor by a minor breached road traffic legislation and that the dismissal was upheld on appeal in October 2022. The case remains at the WRC stage, with no further outcome reported.

2023-07-11 · Galway

Conviction of grandfather (80) for repeated rape of granddaughter upheld

An 80‑year‑old grandfather was convicted in the Central Criminal Court of six rapes of his eldest granddaughter and 81 sexual assaults on her and her two younger sisters, aged between five and fourteen. He received a ten‑year sentence with one year suspended, and a five‑year concurrent sentence for the sexual assaults. The judge, Ms Justice Karen O'Connor, emphasised that the defendant abused a position of trust and was a mature adult when he committed the offences, describing the conduct as "cold, callous and cruel." The defendant appealed the six rape convictions, arguing that the judge's charge to the jury was erroneous, but the Court of Appeal dismissed the appeal, stating the judge's remarks were within her rights. The case remains at the conviction stage, with no further outcome reported.