Court archive

Court reports mentioning Galway

2023-02-24 · Galway

Senator alleges government has 'unlawful' secret deal with Royal Airforce on intercepting aircraft

Senator Gerard Craughwell, represented by Richard Bowman of Bowman McCabe solicitors, has brought High Court proceedings against the Government of Ireland, Ireland, and the Attorney General. The applicant alleges that a purported secret agreement, established over 20 years ago following the 2001 terrorist attacks, unlawfully permits the Royal Air Force to intercept aircraft in Irish airspace. Senator Craughwell claims this arrangement is unconstitutional and was never approved by the Dáil or the Irish people via referendum. He asserts that the agreement constitutes an unlawful abdication of the Government's constitutional duties and a breach of Articles 1, 5, 6, 13, 15, and 28 of the Constitution. The Government has filed a defence, raising preliminary issues including whether the Senator has the legal standing to bring the challenge. The case is currently at the hearing or decision stage, with the matter listed before the High Court on Monday. At this procedural stage, the court is expected to consider further legal directions and a potential hearing date for the action, which the Senator seeks to be heard as soon as possible. The applicant seeks declarations that the agreement is impermissible and an order restraining the government from legislating to give it effect without a referendum. The matter remains ongoing, with no final judgment or sentence issued at this stage.

2023-02-24 · Galway

Farm murder accused had normal peripheral vision, trial hears

Michael Scott, 58, of Gortanumera, Portumna, pleaded not guilty to the murder of his aunt, Ms. Treacy, outside her home on 27 April 2018. The trial heard that Scott had perfect vision in his left eye but a severely weakened right eye, which his brain had largely ignored, a fact established by optometrist Trina Staunton. Staunton explained that a single good eye can suffice for a driving licence and that the brain's neglect of the weaker eye limits peripheral vision when reversing. Scott allegedly deliberately ran over Ms. Treacy while reversing an agricultural tractor, an act the prosecution claims stemmed from a long‑running land dispute. Witnesses described prior damage to electric fences, a strained rental relationship, and a history of conflict over land ownership between Scott and Ms. Treacy. The case is before Ms Justice Caroline Biggs with a jury of fifteen.

2023-02-23 · Galway

Farm murder accused had 'almost childlike' obsession with land, witness tells trial

Michael Scott, 58, of Gortanumera, Portumna, pleaded not guilty to the murder of his 76‑year‑old aunt Chrissie Treacy, who was run over by his vehicle outside her home in Derryhiney on 27 April 2018. The Central Criminal Court heard that a witness, Robin Deasy, described Scott as having an "almost childlike" obsession with land and cattle, and that he was motivated only by land. Deasy recalled that Scott had told him he could not "handle that woman at all" and that he had been upset about the land dispute. The prosecution alleged that Scott deliberately ran over his aunt following a long‑running dispute over land. Scott's lawyers said the death was a tragic accident. The trial is before Ms Justice Caroline Biggs with a jury of seven men and eight women. The case remains at the trial stage.

2023-02-21 · Galway

Land difficulties became 'more apparent' in weeks before Chrissie Treacy's death, witness says

In the Central Criminal Court, a care worker testified that the dispute over land between Chrissie Treacy and her nephew Michael Scott became more apparent in the ten weeks before Treacy's death. The care worker, who had looked after Treacy from 2016 until her death in April 2018, described Treacy's physical frailty and occasional low mood, noting that she was "subdued" and "down on herself" during that period. She also reported that Treacy's concerns about her welfare were raised with her coordinator. The court heard that Treacy and her brothers farmed about 140 acres at Derryhiney, that after their deaths Michael Scott owned half the land and Treacy owned the other half, and that she had leased both her Derryhiney and Kiltormer farms to him. The trial continues with the case that Michael Scott, aged 58, has pleaded not guilty to the murder of his 76‑year‑old aunt on 27 April 2018.

2023-02-20 · Westmeath

Landmark case sees jail sentences increased for forced prostitution after 'voodoo ceremony'

The Court of Appeal has increased jail sentences for two women convicted in Ireland's first human trafficking case involving alleged voodoo ceremonies. Alicia Edosa and Edith Enoghaghase, originally sentenced in September 2021 following a June 2021 trial at Mullingar Circuit Criminal Court, were found guilty of trafficking women between 2016 and 2018. Evidence indicated victims underwent ceremonies in Nigeria before being coerced into prostitution across multiple locations including Castlebar, Letterkenny and Cavan. Mr Justice George Birmingham rejected their conviction appeals and found original sentences substantially inadequate. Edosa, formerly of Mullingar, has been re-sentenced to seven-and-a-half years imprisonment. Enoghaghase, also formerly of Mullingar, received seven years and one month. The judge noted the sentencing judge faced unprecedented circumstances with no comparative guidelines for this offence type. Alicia Edosa pleaded not guilty. Edith Enoghaghase pleaded not guilty.

2023-02-17 · Roscommon

'Now he's dead and I'm alive and you're making a huge f**king deal about it': Garda murder accused to detectives

A Central Criminal Court jury has heard garda interview footage in which Stephen Silver, charged with the capital murder of Garda Colm Horkan at Castlerea, County Roscommon, on 17 June 2020, presented varying accounts of the fatal shooting. The accused, who has pleaded not guilty to capital murder but guilty to manslaughter, told detectives on 18 June 2020 that Garda Horkan discharged his own firearm accidentally during a struggle. In the interviews conducted by Detective Inspectors Brian Hanley and Patrick Farrell, Mr Silver initially claimed he did not fire shots, later stating he fired only into the air, before subsequently denying he fired at all. He maintained he acted in self-defence against an armed assailant whilst en route to purchase food. The court was told Mr Silver had been off medication since September and had not slept for approximately thirty hours at the time of interview. The trial, where Mr Silver's state of mind is the central issue, continues before Ms Justice Tara Burns.

2023-02-17 · Galway

Chrissie Treacy's 'beloved' dog disappeared from locked house, witness tells farm murder trial

In the trial of Michael Scott for the murder of Chrissie Treacy, care workers and witnesses described a tense environment at Treacy's home in Portumna. Susan Keane, a care worker, reported that she had raised concerns about Treacy's welfare due to disputes over land with Scott, and that she had left her duties because the setting was "draining." She also noted that Treacy's beloved dog, Bradley, vanished after the house doors were locked, an event that caused Treacy great distress. Other witnesses, including Caitriona Starr, described ongoing arguments between Scott and Treacy, restrictions on access to the farm's shed, and Treacy's fear of going outside. The prosecution alleges that Scott deliberately ran over Treacy, while the defence maintains it was a tragic accident. The case is being heard by Ms Justice Caroline Biggs with a jury. Michael Scott pleaded not guilty.

2023-02-17 · Galway

Council 'doesn't seem to have got memo' about opposing certain applications, judge notes in Kylemore Abbey case

In a High Court preliminary ruling, Mr Justice Richard Humphreys allowed the Friends of the Irish Environment (FIE) to have its judicial review case against Galway County Council admitted to the Commercial Planning and Strategic Infrastructure Development List. The case concerns emergency flood‑relief works near Kylemore Abbey, which FIE argues were authorised under the 1949 Local Authorities Act in breach of EU environmental law. The council opposed admission, citing potential cost increases, but the judge found the council's objections unclear and largely unfounded. He noted that specialised lists reduce hearing times and costs, and that the council's claim of a floodgate effect was overblown. The decision recognises the commercial benefit of a quicker, cost‑effective hearing and may influence future public‑works disputes. The case will be heard in detail at a later date.

2023-02-16 · Galway

Farm murder trial hears flesh from 76-year-old 'completely ripped' from her forearm

During the murder trial of Michael Scott, the first Garda to arrive at the scene described how the flesh of his 76‑year‑old aunt, Ms Treacy, was completely ripped from her left forearm and strewn in the yard in front of her home. Sergeant Gerard Cleary noted that the marks on the ground suggested a wheel from the agricultural teleporter had spun, and that the flesh was found on the back left wheel of the machine. Scott, aged 58, was seen by the Garda on his hunkers and appeared to show little emotion. He claimed he did not know how to call emergency services and said he had not known the number 999. The prosecution alleges that Scott deliberately ran over Ms Treacy following a long‑running land dispute, while the defence maintains it was a tragic accident. The trial is proceeding before Ms Justice Caroline Biggs with a jury of seven men and eight women. Michael Scott pleaded not guilty.

2023-02-15 · Galway

Witness urged pensioner to move into retirement home 'for own safety', farm murder trial hears

During the Central Criminal Court hearing, witness Ms Regina Donohue testified that she had urged 76‑year‑old Chrissie Treacy to move into a retirement home in Portumna for her safety, a suggestion she said Treacy declined. Donohue described a series of deteriorating conditions on Treacy's farm, including damaged fencing, a switched‑off oil heater, and the disappearance of her dog Bradley. She also recounted an incident where Michael Scott, Treacy's nephew, entered her home and demanded her whereabouts after she had left to celebrate her birthday. Donohue further alleged that a letter from an agricultural consultant had informed Scott that Treacy was applying for a single farm payment on land she owned but had previously leased to him, a development that upset him. The prosecution maintains that Scott deliberately ran over Treacy with a teleporter on 27 April 2018, an act he denies, claiming the death was a tragic accident. Michael Scott pleaded not guilty.

2023-02-14 · Galway

'I hope there's none of them people does cross me,' accused farmer said while holding gun

Michael Scott, aged 58, denies murdering his aunt Chrissie Treacy. In a Central Criminal Court hearing, he was reported to have held a gun while discussing "troubles with Chrissie" and saying, "I hope there's none of them people does cross me," allegedly referring to Regina Donohue's family. The prosecution alleges that Scott deliberately ran over Treacy after a long‑running land dispute. Scott's relationship with Donohue had been good but deteriorated over land and lease issues. Donohue, who had worked with the Treacy family, testified that Treacy's financial situation was poor and that she had been under stress, including the disappearance of her dog. The trial continues before Ms Justice Caroline Biggs with a jury of fifteen. Michael Scott pleaded not guilty.

2023-02-13 · Galway

Drunk, speeding driver who caused death of girl (16) has jail term increased

Michael Welby, 24, was originally sentenced to three years' imprisonment with 18 months suspended for dangerous driving that caused the death of 16‑year‑old Róisín Hession in March 2020. The Court of Appeal increased his jail term by a year, quashing the original sentence and imposing a six‑year headline sentence, with two years discounted for his guilty plea and remorse. The 18‑month suspended portion remains, leaving Welby to serve two‑and‑a‑half years in custody and a four‑year driving ban. The appeal was based on the State's argument that the original sentence was unduly lenient, citing Welby's speed, alcohol level, defective vehicle and the tragic loss of a teenager. The court noted the severe impact on Hession's family and the aggravating circumstances of the crash.

2023-01-25 · Galway

Taxi driver says petrol attendant called him a racial slur after refusing to unlock pump

Daniel Asari, a taxi driver, complained to the Workplace Relations Commission that a service‑station attendant at Sweeney Oil on Headford Road in Galway City refused to unlock a diesel pump for him twice, once on 31 March and again two nights later. Asari said the attendant called him the n‑word and threatened to take him to court. He claimed the attendant filmed him on his phone and used other racial slurs. The attendant denied using any racial slur, and the station's manager said the incident may have stemmed from a dispute over a BLT sandwich. The manager also noted that the attendant had left the company after a verbal warning. The hearing was closed pending a written decision by the adjudicating officer.

2023-01-25 · Galway

Murder trial adjourned after farmer's counsel nominated to become judge

The murder trial of farmer Michael Scott, accused of killing his aunt Christina Treacy in 2018, was adjourned for two weeks after his senior defence counsel, Mícheál P O'Higgins SC, was nominated to the High Court. Justice Caroline Biggs informed the jury that Scott had lost his lead counsel and would need time to appoint a replacement and review the case files. The jury agreed to remain available until May 31 and to return after the Easter break if the trial extends beyond the expected timeframe. The trial, which began last week, was expected to last more than two months and involved a 15‑person jury of seven men and eight women. It will resume on February 7, with the jury required to attend again on February 9. Michael Scott, aged 58, has pleaded not guilty.

2023-01-24 · Galway

Child rapist claims he has no memory of carrying out abuse

Patrick Murphy, 36, of Kilcogan, Co Galway, was found guilty in the Central Criminal Court of six sexual assaults on two girls and eight counts of sexual assault on their seven‑year‑old cousin, plus eight counts of oral and anal rape of a boy. The offences occurred between 1999 and 2004 when Murphy was aged 12 to 17, with some taking place before he reached the age of criminal responsibility. The victims, who are sisters and a cousin, reported the abuse in 2017 and the case was brought to court. Murphy pleaded not guilty and maintains no memory of the acts, though he has expressed remorse. Justice Paul McDermott sentenced him to six years for the rape offences, with two and a half years for the sexual assaults, to run consecutively, and suspended the final year of an eight‑and‑a‑half‑year term on condition of participation in sexual offending programmes.

2023-01-24 · Galway

Businessman tells WRC he's unsure he's ever met worker

During a remote hearing before the Workplace Relations Commission, Jason Gallagher, owner of WFD Food Delivery Galway Ltd, denied any employment relationship with William McDonagh, who had filed statutory complaints alleging discriminatory dismissal and other breaches. Gallagher claimed his company had no employees, was merely a marketing and publishing venture involving only him and his wife, and that he had never met McDonagh. He disputed the complaint's stated start date of November 2020 and argued that the company had never traded. The complainant's solicitor, Ciarán Tansey, noted that the respondent had not filed any submissions despite the complainant's 200‑page submission. The adjudicating officer, Brian Dolan, allowed the complainant to amend the complaint form and adjourned the matter, instructing Gallagher to submit full responses within ten working days and the complainant to reply within two weeks. The next hearing will address the amendment request and proceed to a full hearing of the complaints.

2023-01-23 · Galway

Woman repeatedly raped by man who gave false name on dating site

In a Central Criminal Court trial, 22‑year‑old Bajo Ziflai was found guilty of four counts of rape and one count of sexual assault against a 23‑year‑old woman he met on a dating website. He had given her a false name and arranged to meet at a house where he forced her to submit to repeated sexual violence despite her clear refusal. The victim suffered PTSD and depression, and her impact statement described ongoing flashbacks and self‑harm. Ziflai, who had no prior convictions, has been in custody since the attack. Justice Eileen Creedon sentenced him to ten years' imprisonment, suspending the final year, and ordered his placement on the Sex Offenders Register. He maintains the allegations are fabricated and refuses to apologise or accept the verdict.

2023-01-19 · Galway

Farmer said 'I can't deal with this' and grabbed shotgun after running over aunt, trial hears

In a Central Criminal Court hearing, farmer Michael Scott, aged 58, is accused of murdering his 76‑year‑old aunt Christine Treacy after a long‑running land dispute. The prosecution alleges that Scott deliberately ran over Treacy with his agricultural teleporter outside her home in Derryhiney, Portumna, on 27 April 2018. Witness Francis Hardiman, a neighbour and cousin of Treacy, testified that after the incident Scott was hysterical, crying and shouting "I can't deal with this" and that he later grabbed a double‑barrel shotgun from his jeep. Hardiman described Scott's emotional state and the scene where Treacy's body was found lying face‑down on concrete near the teleporter, with tyre marks on her trousers. The defence maintains that Treacy's death was a tragic accident, while the prosecution seeks a murder conviction based on intent. The trial continues before Justice Caroline Biggs and a jury of fifteen. Michael Scott pleaded not guilty.

2023-01-19 · Galway

Violent, high-risk rapist received excessive discount for being non-English speaker

In a 2023 Court of Appeal hearing, the court increased the sentence of Costel Pirvu, a 39‑year‑old non‑English‑speaking foreign national, for raping a 19‑year‑old woman with a mild intellectual disability three times after forcibly taking her to his apartment. The original six‑and‑a‑half‑year term was quashed and replaced with a ten‑year imprisonment, with the final year‑and‑a‑half suspended. The appeal judge criticised the trial judge for giving an excessive discount for Pirvu's language barrier, describing it as "extremely high" and "excessive". The judge noted Pirvu's prior convictions, including attempted rape, and a disturbing probation report that showed no remorse or empathy toward the victim. The new sentence was back‑dated to the date Pirvu entered custody in August 2018. The decision was made after a nine‑day trial at the Central Criminal Court where Pirvu pleaded not guilty to all counts. Costel Pirvu was found guilty.

2023-01-19 · Galway

Jury in farmer's murder trial view 'distressing' photos

In the trial of 58‑year‑old Michael Scott, accused of murdering his 76‑year‑old aunt Christine 'Chrissie' Treacy over a land dispute, the jury was shown photographs of the deceased lying on a concrete pavement with tractor tyre marks on her legs. Garda Geraldine Doheny described the images, noting tyre impressions on Ms Treacy's blue slacks and the dirty windows of the tractor driven by the accused. The prosecution maintains that Ms Treacy was deliberately run over, while the defence argues the death was a tragic accident. Det. Sgt. David Conway also presented photographs, including one of the deceased's clothing, and agreed with defence counsel that one image was a "distressing photo" of the lower half of Ms Treacy's body. Justice Caroline Biggs explained to the jury that the prosecution must prove beyond reasonable doubt that the accused killed the deceased with intent, while the accused retains the presumption of innocence until proven guilty. Michael Scott pleaded not guilty.

2023-01-18 · Galway

'Most terrible and dark': Farmer goes on trial accused of murdering aunt with tractor

A 58‑year‑old farmer, Michael Scott of Gortanumera, Portumna, has been brought before the Central Criminal Court on a murder charge. He is accused of driving a JCB tractor over his 76‑year‑old aunt, Christine 'Chrissie' Treacy, in a yard outside her home at Derryhiny on the afternoon of 27 April 2018. The prosecution, represented by Dean Kelly SC, argues that the incident was not an accident but a deliberate act carried out in the context of a long‑running land dispute that had eroded the relationship between the parties. Mr Kelly described the case as a "most terrible and dark" crime, noting that Mr Scott had a sense of being wronged and that he "callously and wilfully" drove over his aunt. Mr Scott has pleaded not guilty. The trial, which may last up to ten weeks, is set to continue tomorrow.

2023-01-16 · Galway

Violent rapist given 'extraordinary' lenient sentence over lack of English, appeal told

Costel Pirvu, 39, was convicted of three rapes and one false imprisonment after a nine‑day trial at the Central Criminal Court. He was sentenced to ten years, with the final three‑and‑a‑half years suspended and back‑dated to his arrest in August 2018. The Court of Appeal heard that the judge had applied a 50 % mitigation factor because Pirvu, a foreign national who does not speak English, would find prison life more difficult. The appeal argued this discount was extraordinary. Pirvu's defence said the judge acted within discretion and that Pirvu had medical concerns and limited access to English‑speaking support while in custody. The appeal was adjourned for judgment on 19 January 2023. The case involved a 19‑year‑old woman who was raped on a side‑street, taken to Pirvu's apartment, and raped twice more before being released the next morning. The victim suffered physical injuries and ongoing PTSD, depression and suicidal thoughts. Costel Pirvu pleaded not guilty.

2022-12-28 · Galway

ESB technicians who claimed overtime was 'deliberately' held up lose all test cases

ESB Networks, the applicant, lost ten test cases at the Workplace Relations Commission regarding allegations that it unlawfully withheld overtime from Independent Workers' Union members who refused to use the MyTime app. The tribunal, presided over by adjudicating officer Jim Dolan, rejected all claims under the Payment of Wages Act, Terms of Employment (Information) Act, and Industrial Relations Act. Dolan found that the introduction of the app was a minor change to work practices, not a unilateral alteration of terms and conditions, and that no written individual consent was required given existing collective agreements. He determined there was no causal link between payment delays and union membership, noting that non-IWU staff also experienced delays. While Dolan acknowledged that sums ranging from €250 to €4,567 were due at the time complaints were submitted on 2 January 2022, he ruled these were paid late between February and June 2022, prior to the July hearing. Consequently, he found the complaints not well-founded, stating that delayed payment did not amount to an unlawful deduction. He also rejected all victimisation claims. The ten complainants were Stephen Darling, Sean Meyler, Liam O'Grady, Gerard Tuohy, Oisin Mahon, Greg Victory, Des Summerville, Michael Dolan, Brian Baitson, and Shane Flynn. ESB Networks argued it was up to date on payments and that the app was the only available system for processing overtime.

2022-12-21 · Galway

Former solicitor admits deception

Michael Small, 55, of Renville, Oranmore, Co Galway, admitted to deception at Dublin Circuit Criminal Court. He pleaded guilty to dishonestly inducing a woman to issue loan funds at Permanent TSB on 2 September 2008, with the intention of making a gain for himself or another. The plea was entered on a non‑prejudice basis. Judge Martina Baxter set a sentence date for 27 March 2023, when all evidence will be heard, and remanded Small on continuing bail until that date.

2022-12-16 · Limerick

Animated scenes in court over fixing of date for Covid vaccine hearing

In the Four Courts on 16 December 2022, a pre‑trial hearing concerning the administration of Covid‑19 vaccines to children aged five to eleven was scheduled for late January, following an application by Sharon Browne and David Egan. The plaintiffs sought a protective costs order and an injunction preventing the HSE and the State from distributing vaccines or boosters to children until "full information" on alleged risks was provided. Mr Justice Conor Dignam noted that the earliest date the court could offer was late January, citing court pressures, judge availability and the Christmas holidays. The plaintiffs argued that the vaccines breach the constitutional right to bodily integrity, citing a mother's death in 2021 and medical evidence gathered by Mr Egan. The State and HSE, represented by David Leahy SC, denied all adverse claims. The hearing was attended by members of An Garda Siochana, and the court restored order after a disturbance in the gallery.

2022-12-16 · Galway

Judge expresses concern over use of Irish inflatables that breached trademark

In a High Court hearing on 16 December 2022, Mr Justice Brian Cregan expressed concern over the quality and use of large outdoor inflatable "jumping pillows" made by Air Bouncers Ltd and Ausmur Civil Limited, companies registered in Eyrecourt, Co Galway. The judge found that the defendants had breached the trademark and intellectual property rights of Danish firm Blaabjerg LEG APS, which has trademarked 'Jumping Pillows' since the early 1980s. He awarded €221,000 in damages to Blaabjerg, including aggravated and exemplary damages and costs. The judge also allowed Blaabjerg to continue its proceedings and seek an order for damages, despite the defendants' recent voluntary liquidation. He noted that the defendants had used the term "Jumping Pillows" on their websites and that their products were of inferior quality, using material typical of trucks.

2022-12-13 · Galway

Sexually harassed care worker told she 'wasn't entitled' to report

In a case heard by the Workplace Relations Commission, Shannon Holland, a care worker at Ability West, alleged sexual harassment by a senior colleague. The complaint, lodged in December 2019, led to the senior employee's dismissal in 2020 after investigations found "adverse findings" against him. The investigation report, completed six and a half months after the complaint, confirmed Holland's allegations of sexual harassment and other misconduct, including working under the influence of alcohol and scheduling himself to work alone with a female colleague, Ms Y. Holland was told she was not entitled to a copy of the final report, although the senior employee received one. The HR director explained that the report was shared with Holland verbally but not in written form, citing the ongoing disciplinary process. The case remains pending a decision from the adjudicating officer.

2022-12-12 · Dublin

No jail for young woman caught with luxury clothing, high end car and €100k funded by crime

Kathleen McDonagh, 21, received a suspended three‑year prison sentence for money laundering. She owned €23,715 of luxury goods – two Chanel handbags, Louis Vuitton bags, belts, shoes, Christian Louboutin shoes and two diamond rings – and a high‑end car bought with €25,750 cash in July 2019. Gardaí seized the vehicle and the goods when they searched her home in January 2020. Between March 2018 and December 2019, deposits totalling €98,828.88 were made into her AIB, post office and credit union accounts. McDonagh pleaded guilty to three counts of money laundering between March 2019 and January 2020, with two further charges considered. She had no prior convictions and was aged 17 to 19 during the period covered by the charges. The court noted that the money and goods were most likely proceeds of burglaries and thefts committed by a former partner, who is now in Scotland under a European Arrest Warrant.

2022-12-05 · Longford

Young men must understand that 'no means no', High Court judge says

Patrick McLoughlin, aged 35, of Torboy, Moydow, County Longford, has been sentenced to five years imprisonment, with the final eighteen months suspended, following his conviction for sexual assault at the Central Criminal Court in Castlebar, County Mayo. A jury found him guilty in March 2022 of sexually assaulting a woman in Galway city centre in August 2017. Ms Justice Mary Ellen Ring imposed strict conditions on the suspension, including engagement with the Probation Service. The judge remarked during sentencing that young men must understand that refusal of consent is unambiguous, criticising what she described as a widespread lack of understanding of the word "no" in sexual offence cases. McLoughlin maintains his innocence despite the jury verdict. His associate, Karl Reilly, was separately convicted of rape and sentenced to seven years with eighteen months suspended. The victim provided a statement describing ongoing trauma from the incident. Patrick McLoughlin pleaded not guilty.

2022-11-29 · Galway

Provisional liquidators appointed to wind farm services company

The High Court appointed joint provisional liquidators, Nicholas O'Dwyer of Grant Thornton Ireland and Stuart Preston of Grant Thornton UK, to Windhoist Ireland Limited, a firm providing mechanical and electrical services to wind turbine manufacturers. The appointment followed the parent company, Windhoist, a Scottish‑based part of Windlogix Group, entering administration and ceasing to provide funding and plant and machinery to the Irish entity. As a result, Windhoist Ireland, which has 17 employees and works on projects in Galway, Finland and Taiwan, became insolvent and could not meet its contractual obligations. The court noted that the company could not pay its debts, including €7 million owed to its shareholder, over €600,000 to Revenue, and €139,000 to trade creditors. The liquidators will oversee an orderly winding‑up, with most employees expected to be made redundant, and the case will return to court in December.

2022-11-14 · Limerick

Injunction sought against use of Covid-19 vaccines on children

An injunction has been sought in the High Court to prevent the administration of Covid-19 vaccines or booster shots to children aged between five and 11 years until 'full information' about alleged risks is made available to the public. The action was brought by Sharon Browne and David Egan against the Taoiseach Michael Martin, Minister for Health Stephen Donnelly, the HSE, and former Chief Medical Officer Dr Tony Holohan. The applicants claim the injunction is necessary to protect children's rights and assert that alleged vaccine harms breach the Irish Constitutional Right to bodily integrity. The State and HSE oppose the action, represented by David Leahy SC, who deny claims about vaccine safety. Ms Browne alleges her mother died in 2021 from adverse effects of the vaccine, while Mr Egan claims to have gathered global evidence suggesting vaccine harm. Both claimants state their action is motivated by concerns for younger and vulnerable people. The applicants also sought pre-trial motions, including an amendment to the proceedings and a protective costs order. The matter was briefly before Mr Justice Brian O'Moore on Monday, who adjourned the case to a date in December to allow clarification of technical matters.

2022-11-14 · Galway

Hotelier jailed for raping employee (17) must await appeal fate

Brian Shaughnessy, aged 56, was convicted in March 2013 of raping a 17‑year‑old employee at his Loughrea Hotel and Spa. He received a six‑year sentence with one year suspended, imposed by Mr Justice Garrett Sheehan on 10 June 2013. Shaughnessy appealed, claiming his defence counsel was incompetent and that a missing 1 hour 15 minutes in the timeline undermined the victim's account. The Court of Appeal rejected the appeal in April 2020. He then applied to the Supreme Court, which remitted the case back to the Court of Appeal in March 2023. The Court of Appeal today reserved judgment, noting that the evidence presented did not establish incompetence of his legal team. Shaughnessy must now await the final decision on his appeal.

2022-11-07 · Longford

Rape victim's trust 'breached in a most frightening way'

A Longford man has been sentenced to seven years imprisonment, with the final eighteen months suspended, following his conviction for rape at the Central Criminal Court. Karl Reilly, aged 39, of Inny View, Aghara, Carrickboy, was found guilty by jury of raping a woman in Galway city centre in August 2017. The court heard that Reilly continued sexual contact with the woman after she explicitly asked him to stop when a second man entered the van where the incident occurred. The woman was subsequently sexually assaulted by the other man, whose case was adjourned pending sentencing. Justice Mary Ellen Ring emphasised the importance of consent and stressed that its withdrawal must be respected at any time. She noted Reilly has no previous convictions and was assessed as low risk of reoffending. The victim addressed the court regarding the lasting trauma she has experienced. The second man convicted of sexual assault will be sentenced next month.

2022-10-21 · Galway

'Monster' who raped and abused daughter has five-year jail sentence almost doubled

Michael O'Donoghue, aged 43, received a ten‑year prison sentence with the final six months suspended for five years after the Court of Appeal quashed his original five‑year term. The appeal was prompted by the Director of Public Prosecutions, who argued the sentence was too lenient for the gravity of the offences. O'Donoghue pleaded guilty to 31 counts of sexual assault, one count of rape and one count of producing child pornography against his daughter, Aimee Foley, aged 12 to 17 during the period 2012‑2018. The Court of Appeal found his conduct egregious, noting he gave her alcohol and drugs, showed her pornography, filmed the abuse and threatened her. The judge set a headline sentence of twelve years for the rape, reduced to seven with two years suspended, and imposed concurrent sentences of three and four years for the other assault counts. The final sentence was back‑dated to 14 April 2021.

2022-10-13 · Galway

Environmental group challenges emergency Galway flood relief works

The Friends of the Irish Environment Group has filed a High Court challenge against Galway County Council's decision to authorise emergency flood relief works near Kylemore Bridge in Connemara. The group argues that the council's use of the 1949 Local Authorities Act to permit dredging and other works breaches EU environmental law, specifically the Habitats Directive and the Environmental Impact Assessment Directive. They claim the 1949 Act is invalid for this purpose and that permission should have been sought under the 2000 Planning and Development Act. The works, aimed at preventing flooding on the Dawros River, could affect the rare freshwater pearl mussel and salmon populations that rely on pristine water. The case seeks to quash the council's decision, obtain a temporary stay on the works, and declare the 1949 Act's provisions invalid, with the matter adjourned to December for further hearing.

2022-10-11 · Galway

Principal avoids jail for stealing €44k in 'appalling breach of trust'

Marcus Wynne, 41, principal of Grace Park Educate Together National School in Drumcondra, was found guilty of stealing €44,370 from the school between August 2016 and January 2019. He used the school bank card to withdraw cash and purchase items such as groceries, fuel, hotels, jewellery, clothing, taxis, holidays and restaurants, and forged invoices to cover the missing money. He pleaded guilty to nine counts of theft and eight counts of producing a false instrument. Judge Martin Nolan sentenced him to a suspended three‑year term, ordering him to repay €30,000 immediately and to save the remaining €14,370 over two years. The court noted his addiction problems and that he had no prior convictions. He has since worked in a factory and is likely to be struck off the teachers' register.

2022-07-28 · Cork

Investigation of crime, victims rights, 'comprehensively' outweigh right to privacy, appeal court finds

The Court of Appeal has dismissed an appeal by Caolan Smyth and Gary McAreavey regarding the admissibility of mobile phone data used in their convictions. The appellants were found guilty and convicted, respectively, of the attempted murder of James Gately and possession of a firearm with intent to endanger life in 2017. McAreavey was also convicted of assisting Smyth by purchasing petrol and helping burn a black Lexus at Newrath, Dromiskin, Co Louth. The appeal challenged the use of data gathered under the Communications (Retention of Data) Act 2011, arguing it breached EU privacy laws following a separate ruling in the Graham Dwyer case. However, the court, led by Mr Justice George Birmingham, ruled that the Act was valid in 2017 and that the public interest in investigating crime comprehensively outweighed the limited privacy rights attached to the data. The court noted the data was tightly focused and did not reveal personal details such as beliefs or sexuality. The judgment affirmed the Special Criminal Court's 2020 findings. This decision does not affect the separate appeal by Elaine O'Hara, whose case remains contested and is not part of this finalisation.

2022-07-26 · Galway

Ex-hotelier jailed for rape says his defence was not put to jury

Brian Shaughnessy, a former hotelier aged 55, was convicted in March 2013 of raping a 17‑year‑old employee at his Loughrea Hotel and Spa. He was sentenced to six years' imprisonment with one year suspended. Shaughnessy appealed, claiming his defence counsel had not adequately presented his version of events, particularly a two‑hour period he alleged the victim spent in the room after the assault. He argued that key card and phone records, which he supplied to his lawyers, were not examined by the jury. His appeal was rejected in April 2020, but he successfully applied to the Supreme Court, which sent the case back to the Court of Appeal in March 2023. At the Court of Appeal, Shaughnessy reiterated that his defence was not put to the jury and that the two‑hour claim had been raised repeatedly with his legal team, yet was not pursued during the trial.

2022-07-25 · Galway

6.5-year jail term for violent offender who repeatedly raped teen

Costel Pirvu, 39, was sentenced to ten years' imprisonment, with the final three and a half years suspended, for raping a 19‑year‑old woman with a mild intellectual disability. The offence began on the night of 4 February 2018 when Pirvu, who had previously been convicted of robbery and attempted rape, accosted the victim on a street in the west of Ireland, forced her into a black jeep, and raped her. He then took her to his apartment, where she was raped twice more under threat. Pirvu was arrested the same evening, and DNA evidence linked him to the victim. He maintains his innocence, claiming the sex was consensual, but the court found no evidence of prior acquaintance or knowledge of the victim's vulnerability. The sentence was back‑dated to his August 2018 arrest. The victim, who suffered physical injuries and ongoing PTSD, described feeling unsafe and depressed after the attacks.

2022-07-21 · Galway

State fails in appeal against 4.5-year sentence for two 'life changing' attacks

In a Court of Appeal hearing on 21 July 2022, the State's appeal to increase the jail term for David Bannerton was dismissed. Bannerton, aged 47, had been convicted of two separate assaults in June 2016 in Galway city centre. The first assault, against a 70‑year‑old pensioner, resulted in a two‑year jail term following a three‑year headline sentence. The second assault, against a passer‑by who tried to intervene, led to a six‑year sentence with 18 months suspended, after a nine‑year headline sentence. The Court of Appeal upheld the judge's decision, noting that the suspended portion was a legitimate consideration for rehabilitation and that no additional consecutive sentence was warranted. The appeal was refused, and the original sentences were left unchanged. The case highlighted the judge's discretion in balancing punishment with rehabilitation considerations.

2022-07-19 · Galway

Council's refusal to extend time limit for scheme it's own housing unit has agreed to buy into is 'absurd', High Court told

In a High Court hearing, Newmar Global Properties argued that Galway County Council's refusal to extend the time limit on planning permission for a nearly complete housing scheme at Tubber Road, Gort, was absurd and lacked a substantial reason. The developer, which is building 120 houses, 11 apartments and a creche, claimed the council's decisions offended natural justice and logic, and that the council had ignored an Appropriate Assessment submitted by Newmar. The council cited a failure to meet a four‑week deadline for further information and an alleged failure to include the assessment in the application. Newmar seeks judicial review to quash the refusals, declare them irrational, and order the council to grant the extensions. The case was allowed to proceed by Mr Justice Charles Meenan and will return to court after the new legal terms begin in October.

2022-07-14 · Dublin

20-year sentence for 'ultra violent' rape of escorts is upheld

The Court of Appeal has dismissed the appeals against conviction and sentence lodged by Gheorghe Goidan, a 49-year-old Romanian national. Goidan was convicted at the Central Criminal Court of rape and sexual assault committed against two sex workers in separate hotels in Portlaoise and Galway on September 7, 2017. He had pleaded not guilty to these charges but admitted to robbing the victims. The trial judge, Ms Justice Tara Burns, sentenced him to two consecutive terms of 10 years, describing the offences as ultra-violent and premeditated. In his appeal, Goidan's counsel argued that the trial judge erred regarding the admissibility of videolink evidence and the refusal to sever the indictment, and that the sentence was disproportionate. The Court of Appeal, led by Mr Justice Patrick McCarthy, rejected these grounds, stating the trial judge exercised her discretion correctly. The court further dismissed the appeal against sentence, noting that the discount applied to the consecutive terms was entirely appropriate. The judges affirmed that the sentence reflected the severe violence and humiliation experienced by the victims, who were targeted due to their vulnerability. The 20-year effective custody term is therefore upheld.

2022-07-14 · Dublin

ESB workers say overtime 'deliberately' delayed for not signing up to new app

A group of 184 ESB network technicians, represented by the Independent Workers Union, claim that their overtime pay owed before Christmas was deliberately delayed as a penalty for not signing up to a new time‑keeping app. The technicians say they were owed thousands of euros and that the company's payroll department could not keep up with the 236 paper timesheets sent each week. ESB Networks denies the claims, stating the workers have been paid everything owed when they lodged complaints. Ten test cases were selected for adjudication, including Stephen Darling, who said he was forced to use the MyTime app, was denied a paper timesheet, and later noticed missing allowances and overtime on his payslips. Darling estimated back pay of €1,235, rising to €2,500 by year‑end, and claimed further deficits of €1,800‑€2,000. ESB's senior counsel argued that the company had processed and paid the outstanding amounts by April 2022.

2022-07-11 · Dublin

Serial rapist should have been allowed cross-examine victim on 'sexual history', lawyers submit

In a Court of Appeal hearing, Patrick Gageby SC argued that Judge Tara Burns erred by refusing the defendant, Gheorghe Goidan, the right to cross‑examine one victim on her sexual history and by failing to discharge the jury after prejudicial material was presented. Goidan, 49, had been convicted in 2019 of two rapes and robberies of Czech sex workers, receiving 20 years' imprisonment (10 years for each rape, 7 years for robbery, concurrent). He appealed both conviction and sentence, claiming the judge's headline 17‑year sexual‑offence term was disproportionate and that his lack of prior convictions should have been weighted more heavily. The Director of Public Prosecutions upheld the conviction and sentence, citing the premeditated, ultra‑violent nature of the attacks and the victims' vulnerability. The appeal judgment remains reserved. Gheorghe Goidan pleaded not guilty.

2022-06-30 · Sligo

Hotel manager awarded €50k for unfair dismissal

A former general manager of the Clayton Hotel in Sligo has been awarded €50,000 in compensation by the Workplace Relations Commission following a finding of unfair dismissal. Fergal Ryan was dismissed by Dalata Hotel Group PLC after investigations into cash payments made to workers outside normal payroll procedures, including payments to his partner, Kasia Smolinska, a former restaurant manager at the hotel. An adjudicating officer found that whilst Mr Ryan's conduct in approving such payments was inappropriate, the breaches of cash-handling policy did not constitute gross misconduct warranting dismissal. The officer noted that a reasonable employer would have issued a warning or reopened settlement negotiations rather than terminating employment. The decision also found that a letter Mr Ryan sent to his line manager, described as threatening and patronising, was properly excluded from disciplinary proceedings. The compensation award takes into account Mr Ryan's contribution to his dismissal and employment difficulties during the pandemic period.

2022-06-28 · Galway

Court asked to make directors of animation company liable for €30m in debts

The Commercial Court has reserved a decision on an application to hold several directors of DQ Entertainments Ireland Ltd personally liable for about €30 million of the company's debts. Mr Justice Mark Sanfey was asked to order winding up of the firm and to make directors Rashida Adenwala, Tapaas Chakravarti and Sanjay Choudhary, all based in India, personally liable for the debt. The receiver, Mr Patrick Bance, claims that the directors knowingly ran the business recklessly, defrauded creditors, failed to keep proper records, misapplied company money and breached trust. The application was heard before the judge on an uncontested basis; no respondents appeared. The judge reserved his decision, expecting to give judgment shortly. The case also noted that proceedings against two Irish‑based directors were struck out.

2022-06-28 · Galway

Victim branding rape defendant a murderer and Russian mafia member made trial unsafe, appeal told

The Court of Appeal heard an appeal from a 71-year-old Polish national convicted of six counts of rape, including two contrary to common law and four under Section 4 of the Criminal Law (Rape) (Amendment) Act 1990. He had pleaded not guilty but was found guilty at the Central Criminal Court in July 2019. Ms Justice Tara Burns sentenced him to 15 years, stating a life sentence would have been appropriate absent mitigating factors related to his age and health. The appellant argues the trial was unsafe because the complainant alleged during cross-examination that he was a Russian mafia member and had murdered a man in Russia. Counsel for the appellant, Michael Bowman SC, contended these prejudicial claims compromised the fair trial and required the jury to be discharged. Patrick McGrath SC, for the Director of Public Prosecutions, argued the trial judge correctly directed the jury to disregard the irrelevant remarks and that the appeal attempts to reconstruct the case. The judge noted the complainant described the accused as treating her like a slave and sex object between September 2012 and January 2016. The accused has prior convictions for rape in Poland and a three-year sentence for threatening to kill in Ireland. Judgment on the appeal has been reserved.

2022-06-27 · Mayo

Abuse survivor Sophia Murphy speaks of relief after father's 18-year sentence is upheld

The Court of Appeal has upheld the 18-year prison sentence imposed on John Murphy, rejecting his appeal that the term was excessive, disproportionate, and unfair. Murphy, formerly of Foxford, Co Mayo, had pleaded guilty to numerous counts of rape, indecent and sexual assault against his daughter, Sophia Murphy, at locations in Co Galway and Co Mayo between 1988 and 2001, when she was aged three to 15. He also admitted to one count of sexual assault in 2010. In July 2018, Mr Justice Michael White at the Central Criminal Court sentenced him to consecutive terms totalling 18 years, noting the headline term for the "depraved" offences was life. Murphy's counsel argued the sentence failed to adequately weight mitigation, including his early guilty plea. However, Ms Justice Aileen Donnelly, sitting with Mr Justice George Birmingham and Ms Justice Isobel Kennedy, found no error in principle in the original sentencing. The court highlighted the victim's age and the ultimate breach of parental trust as key aggravating factors. Sophia Murphy, who waived anonymity, expressed relief at the decision, stating it validates her experience and encourages other victims to speak out. The judgment confirms the original sentence remains in effect.

2022-06-24 · Offaly

Driver who left passenger with serious injuries after 'scandalous' overtaking has driving ban halved

In February 2020, Martin Feehan, 42, was convicted of dangerous driving causing serious bodily harm after a reckless overtaking manoeuvre on the Mallow‑to‑Cork road in Granagh, Co Cork, on 16 February 2015. The incident left 40‑year‑old Brid Hallihan with a broken pelvis and months of hospital treatment. Feehan was sentenced by Judge Seán Ó Donnabháin to a three‑year suspended sentence and a 20‑year driving ban. In March 2022, Feehan appealed the conviction and sought to reduce the ban. The Court of Appeal, after hearing arguments, quashed the 20‑year ban and substituted a 10‑year ban, back‑dated to the original sentencing date of 6 February 2020. The conviction itself remained upheld. The case highlighted the severity of the offence and the court's stance on public safety.

2022-06-23 · Galway

'I want to kill you': jail for knife-wielding burglar who claimed house was his

In a Dublin Circuit Criminal Court hearing, Michael French, aged 28, was sentenced to three years' imprisonment for a violent burglary that took place at a city‑centre home on 30 January 2021. French entered the victim's house at about 1.30 a.m., wearing only shorts, and confronted the homeowner, who was in his 40s, with a knife. French shouted threats, including "I want to kill you," and pinned the victim against a wall, striking him in the stomach. The victim eventually calmed the situation by agreeing that the house was his, and a neighbour called the Gardaí. French fled but was apprehended after attempting to jump a fence. He admitted to taking cocaine and ecstasy that night and had a history of schizophrenia, drug and alcohol addiction, and homelessness. The judge, citing French's mental health issues, suspended the last 18 months of a four‑and‑a‑half‑year sentence, resulting in a final term of three years' imprisonment. Michael French pleaded guilty.