Court archive
Court reports mentioning Cahirciveen, Kerry
2016-05-05 · Kerry
The High Court has dismissed an application by boatman Sean Feehan to land passengers at Skellig Michael pending the determination of his legal action against the Office of Public Works (OPW). Mr Feehan, of Dunegan, Ballinskelligs, challenged the OPW's revocation of his permits, which followed his guilty plea in September 2015 at Cahirciveen District Court to three offences under the Merchant Shipping Act. He was fined €850 for operating a vessel dangerously, without an appropriate license, and failing to ensure the master was qualified. Although Mr Feehan secured temporary injunctions preventing the OPW from issuing replacement permits to others, Mr Justice Tony O'Connor refused to extend these measures or allow Mr Feehan to continue landing passengers. The judge ruled that Mr Feehan had not made out a strong case likely to succeed at the full hearing and determined that damages would be an adequate remedy. The court emphasized that visitor safety to the UNESCO world heritage site outweighed any potential reputational damage to Mr Feehan. The OPW denied the claims of unfairness and unlawfulness, citing safety concerns. The matter was adjourned and will return before the court in a month's time to proceed to a full hearing.
2016-05-03 · Kerry
Sean Feehan, operator of passenger boats to Skellig Michael, has challenged the Office of Public Works (OPW) in the High Court, arguing that the revocation of his two permits is unlawful and breaches his constitutional rights. Feehan, who has run the 'Pace Arrow' and 'Naughty Lady' from Ballinskelligs since 1980, claims the OPW's decision is unfair and seeks declarations that the revocation is invalid. The OPW, citing safety concerns, revoked the permits following Feehan's 2015 convictions under the Merchant Shipping Act for operating vessels in a manner that could endanger passengers, operating without an appropriate licence, and failing to ensure a qualified master. The OPW also cited incidents in 2012 and a total fine of €850. Feehan's lawyers requested that the injunction preventing the OPW from issuing new permits and the order allowing him to land passengers remain in place pending the full hearing. The case is set to continue before Mr Justice Anthony O'Connor.
2016-04-13 · Kerry
Sean Feehan, a 50‑year‑old boatman who has taken passengers to Skellig Michael since 1980, has brought a High Court case against the Office of Public Works (OPW) after the OPW revoked two of his annual permits to land visitors at the UNESCO site. The revocation, announced in January, was justified by the OPW on the basis of safety concerns linked to Feehan's 2015 convictions for three offences under the Merchant Shipping Act, for which he was fined €850. Feehan argues the decision is unlawful, breaches his constitutional rights, and exceeds the OPW's powers. He seeks declarations that the revocation is invalid and damages. On Wednesday, Mr Justice Paul Gilligan granted a temporary injunction preventing the OPW from issuing two of four permits to other parties, with the matter to be revisited next Tuesday. Feehan maintains his safety record is exemplary and that other boatmen with similar convictions have not had permits revoked.
2015-06-15 · Kerry
In a 2015 Central Criminal Court hearing, Mieczyslaw Sudol, a 42‑year‑old Polish tiler, received a four‑year prison sentence with the final two years suspended for sexually assaulting a woman on a street in County Kerry. The victim, who was on the phone with a friend, was followed by Sudol after she left a night out. He snatched her phone, grabbed her throat, pulled down her dress and sexually assaulted her before fleeing with her phone. Sudol pleaded guilty on 5 May 2008, had no prior convictions, and was arrested in 2008 for an unrelated incident. DNA recovered from the victim's fingernails linked him to the crime. The judge, considering Sudol's early guilty plea, clean record and cooperation, imposed the sentence back‑dated to his June 2014 custody entry.