Court reports mentioning Castlemaine, Kerry

2026-06-29 · Dublin

Kerry firearms dealer has conviction for importing WW-2 era machine gun component overturned

A Kerry firearms dealer has had his conviction for importing and possessing a prohibited component for a WW2-era machine gun overturned on appeal. Judge James O'Donoghue ruled that Patrick O'Mahony Jnr (56) had no 'nefarious intent' in possessing the component. His defence argued that the item was a curiosity to be displayed in a glass case and fell under an exception in the Firearms Act for antique firearms used as a 'curiosity or ornament'. O'Mahony was previously fined €2,000 and had a destruction order made against the component. He appealed, citing his family connection to the weapon and his status as a licensed firearms dealer. Customs officers stopped him at Dublin Airport in 2021 with the component, which was identified as a bolt carrier for a Browning 1919 machine gun. Garda investigations confirmed O'Mahony was a restricted firearms dealer with valid licences. A garda ballistics expert stated the component was prohibited as it could be used in a functioning firearm. However, the judge found no evidence of nefarious intent and allowed the appeal, overturning the conviction.

2016-03-02 · Kerry

Minister not negligent as Habitats Directive created no duty of care towards fishermen

In 2016 the Supreme Court ruled that a public body cannot be liable for negligence when the legislation does not create a duty of care towards the claimant, nor when liability is based on the policy pursued unless the claimant has successfully challenged that policy in judicial review. The case involved Cromane Seafoods Ltd and O'Sullivan McCarthy Mussel Developments Ltd, companies sharing directors, whose mussel cultivation in Castlemaine Harbour was halted after the harbour was designated a Special Area of Conservation under the Habitats Directive. Cromane and O'Sullivan sued the Minister for Agriculture for negligence and breach of legitimate expectation, claiming loss of income and profit. The High Court found the Minister negligent and awarded damages, but the Supreme Court allowed the Minister's appeal, holding that no duty of care arose under the Sea‑Fisheries and Maritime Jurisdiction Act 2006 or the Habitats Directive.