Court archive

Court reports mentioning Castleisland, Kerry

2025-11-24 · Kerry

Man gets life for murdering only brother 'in most brutal and frightening of circumstances'

A 43-year-old man has been sentenced to life imprisonment for murdering his only brother during a family funeral in Co Kerry. Fergus O'Connor was found guilty of murder by a jury in October, rejecting his claim of self-defence. The court heard that O'Connor had multiple grievances with his 42-year-old brother Paudie, including disputes over money, land, and relationships. Despite the defence's extensive argument for self-defence, the court rejected it. Paudie died from a 17cm stab wound to the chest, which penetrated vital organs. The trial revealed that the men had attended their cousin's funeral and were drinking in Castleisland. A toxicology report showed Paudie's alcohol level was far above the legal limit. O'Connor claimed his brother made remarks about a woman and had acted improperly with his ID. Paudie's partner, Liz O'Donovan, described the impact of his death on her and their children, highlighting his warmth and generosity. The court noted O'Connor's 15 previous convictions, including drink driving.

2024-10-17 · Limerick

Dad-of-two who survived fatal Thomond Bridge crane incident reaches settlement

Paul Murphy, a father-of-two who survived a fatal crane incident at Thomond Bridge in Limerick in 2015, reached an undisclosed settlement with multiple parties, including Palfinger Ireland Ltd and Limerick City and County Council, the High Court heard. Counsel for Murphy stated that liability was conceded by the named defendants, allowing the case to proceed solely for the assessment of damages before the settlement was finalized. The incident claimed the lives of Murphy's co-workers, Bryan Whelan and TJ O'Herlihy, who drowned after the crane fell into the River Shannon. Murphy, who suffered PTSD and physical injuries, was rescued by lifeboat. In related proceedings, Palfinger Ireland Ltd was fined €25,000 at Limerick Circuit Court on October 7, 2022, after pleading guilty to breaches of the Health and Safety at Work Act. Additionally, Nationwide Crane Hire Ltd pleaded guilty to similar breaches and was fined €200,000. The prosecutions, brought by the Health and Safety Authority, cited a failed safety mechanism and a missing chapter in the crane manual supplied by Palfinger. The High Court judge acknowledged the trauma Murphy endured, noting he had to relive parts of the tragedy during the proceedings.

2023-07-28 · Limerick

€25k fine over incident where stonemasons drowned is upheld

In a Court of Appeal decision on 28 July 2023, the €25,000 fine imposed on Palfinger Ireland Ltd for health and safety breaches related to a crane incident that caused the drowning of two stonemasons was upheld as not unduly lenient. The incident, which occurred on 29 August 2015 on the Thomond Bridge, involved a steel cage that fell into the River Shannon, killing Bryan Whelan (29) and TJ O'Herlihy (36). A third worker, Paul Murphy, survived. Palfinger supplied the crane to Nationwide Crane Hire, which was fined €200,000 for similar breaches. The Court of Appeal rejected the State's argument that the fine was too low, noting that the sentencing judge had considered aggravating factors and the long period of safe operation of the crane. The appeal was dismissed, confirming the fine as appropriate under the 1993 Act.

2023-07-10 · Clare

€25k fine over drowning of stonemasons too low, State argues

In 2022, Palfinger Ireland Ltd was fined €25,000 for health and safety breaches after a crane supplied by the company was used in an incident that caused the drowning of two stonemasons, Bryan Whelan (29) and TJ O'Herlihy (36), on the River Shannon in 2015. The incident involved a steel cage that fell into the water, and a safety mechanism on the crane failed. The fine was imposed by Limerick Circuit Court, which had unlimited fine jurisdiction. Nationwide Crane Hire Ltd, the operator of the crane, was fined €200,000 for similar breaches. The Court of Appeal heard arguments that the fine for Palfinger was too low, with the Director of Public Prosecutions claiming the sentencing judge erred in not setting a higher headline fine and in treating the missing manual chapter as a mitigating factor. The appeal was reserved for a later decision.

2022-11-07 · Kerry

Conviction for 'brutal and savage' baseball bat attack is upheld

Sean Lane, aged 29, was convicted and jailed for nine years for a brutal baseball bat assault on Eamon Sheehy at St Stephen's Park, Castleisland, on 14 January 2018. The court found the attack went far beyond self‑defence, and Lane also received a concurrent three‑year sentence for producing the bat during a dispute. A second defendant, Jason Keane Broderick, aged 21, was sentenced to three years with one year suspended for possessing the bat. Lane appealed, arguing that his case should have been tried separately from Broderick's and that Broderick's statements about Lane's temper and prior offences had prejudiced the jury. The Court of Appeal dismissed the appeal, ruling that the trial judge's decision to try the cases together was lawful and that the evidence presented was not gratuitously prejudicial. The appeal was rejected on 7 November 2022. The article reports the court's findings and the appeal decision, without mentioning any subsequent developments.

2021-11-30 · Kerry

Court places stay on ethics investigation into Kerry councillor

The High Court, by Mr Justice Charles Meenan, granted a temporary stay on an ethics investigation into Kerry County Councillor Breandan Fitzgerald of Dingle, who represents the Castleisland‑Corca Dhuibhne area. The investigation, initiated by a complaint earlier in the year, concerns Fitzgerald's vote on a draft local area plan for Corca Dhuibhne. Fitzgerald denies wrongdoing, claiming no interest in the lands and that he had previously abstained on related votes due to family connections. The investigation was originally conducted by the council's Cathaoirleach Jimmy Moloney and Chief Executive Moira Murrell, but the court found the Cathaoirleach's involvement conflicted with the rules. Fitzgerald's counsel, Elizabeth Murphy, intends to seek judicial review to halt the investigation, arguing the CEO's continued participation breaches fair procedure. The stay will remain until the matter returns in two weeks, with the option for the respondent to apply to lift it on 48‑hour notice.

2021-11-18 · Kerry

Man appeals conviction for 'brutal' attack that left victim with life-changing injuries

In a 2021 appeal, Sean Lane, aged 28, contested his nine‑year conviction for a "brutal and savage" assault with a baseball bat that left victim Eamon Sheehy with life‑changing injuries. The original trial, held in January 2018, found Lane guilty of assault causing serious harm and of producing the bat during a dispute, the latter carrying a concurrent three‑year sentence. Lane denied the charges, claiming self‑defence after Sheehy allegedly attacked him with a golf club, but the court ruled the attack went "way beyond" self‑defence. A second defendant, Jason Broderick, 21, received a three‑year sentence with one year suspended for possessing the bat. The appeal argues that prejudicial material from Broderick's statements at trial should have led to a severance of the cases, a request the defence failed to make at the outset. The Court of Appeal, presided over by Justice George Birmingham, has reserved judgment on the appeal.

2021-01-25 · Kerry

Councillor challenges Kerry Co Council over board appointments

Independent Councillor Charlie Farrelly has brought a High Court action against Kerry County Council and the North, East and West Kerry Development Partnership, challenging the method used to select two councillors for the Partnership's board. Represented by Elizabeth Murphy BL, Cllr Farrelly claims the Council's selection procedure was flawed and unlawful. He alleges that the Council should have used the Group Voting System to ensure minority representation, rather than individual voting, which he contends allowed a majority of councillors to appoint both members while rendering minority votes ineffective. Cllr Farrelly seeks declarations that the procedures were contrary to statute, void, and unlawful, along with an order quashing the November appointments and directing the Council to reselect members. Permission to bring the action was granted on an ex-parte basis by Mr Justice Charles Meenan, who also placed a stay on the Council's appointments. The judge noted he would entertain any application by the respondent to lift the stay once made on notice to Cllr Farrelly's lawyers. The matter was adjourned to a date in March.

2018-01-25 · Limerick

Students to be allowed return to rented house

Four students renting a property at Lifford Park, South Circular Road, Limerick have been granted the right to return to their home following a High Court ruling. Ms Justice Marie Baker extended an injunction requiring the property owner to hand over possession to a bank-appointed receiver. The students had been required to leave by the property owner and spent two nights in hotel accommodation at the receiver's expense before the court intervened. The ruling emerged from a dispute between the property owner and Karl O'Neill, a KPMG receiver appointed by AIB in 2016. The property owner contested the validity of the receiver's appointment and the circumstances surrounding the students' removal. The judge found the receiver's appointment valid, subject to determination at a full hearing of the underlying dispute. Rent payments will be held in trust pending the final outcome of the case. The matter was adjourned for one month.

2018-01-23 · Limerick

Court halts threat to evict college students after dispute between receiver and owner

A bank-appointed receiver has obtained a temporary High Court order preventing eviction proceedings against four college students renting a property at Lifford Park, South Circular Road, Limerick. The dispute centres on the validity of Karl O'Neill of KPMG's appointment as receiver, contested by property owner Sinéad O'Connor. The court heard that Ms O'Connor demanded the students pay rent directly to her and sign documentation excluding dealings with the receiver, threatening immediate eviction and lock changes when they declined. She subsequently remained in the house with others, causing distress to the students and their families. Justice Caroline Costello granted an interim injunction on Tuesday evening requiring Ms O'Connor to surrender possession to the receiver, applying also to any third parties with notice of the order. The judge acknowledged the urgency and students' need for immediate protection, adjourning the matter to Thursday.