Court archive

Court reports mentioning Killarney, Kerry

2019-12-13 · Kerry

O'Leary shouted "You are f¨¨king useless" at senior exec, High Court hears

In a High Court hearing, Peter Bellew, Ryanair's Chief Operations Officer, testified that Michael O'Leary shouted at him during senior‑executive meetings, calling him "You are fucking useless." Bellew said O'Leary had criticised his performance in a November 2018 note and in a March 2019 annual review, and that the board had no issue with Bellew's performance. Bellew claimed O'Leary wanted him gone and that he would not have been fired until after Ryanair's September 2019 AGM. Bellew is being sued by Ryanair for allegedly breaching a 12‑month non‑compete clause by accepting a position with EasyJet. He denies any breach, arguing the clause is unenforceable and that he was misled about share‑option participation. The court will decide next Friday, possibly Monday, 23 December.

2019-12-12 · Kerry

Senior Ryanair exec says he was "left with no doubts" that O'Leary wanted him out

In a High Court hearing, Peter Bellew, former Chief Operations Officer of Ryanair, testified that he was shocked and devastated after a meeting with airline chief Michael O'Leary on 22 March, during which O'Leary expressed serious concerns about Bellew's performance and warned that his role was at risk. Bellew said O'Leary also informed him he would not be included in the 2019 share‑option scheme unless his performance improved, a point Bellew disputed. He described a deteriorating relationship with O'Leary beginning in July 2018, citing incidents involving cabin crew and a letter of criticism sent in November 2018. Bellew claimed that after receiving the letter he felt "dead‑man‑walking" and eventually accepted a job offer from EasyJet, which Ryanair now sues for breaching a 12‑month non‑compete clause. The court continues to consider whether the clause is enforceable.

2019-12-11 · Kerry

Judge dismisses Ryanair's bid to include additional evidence in action

In a High Court hearing on 11 December 2019, Mr Justice Senan Allen dismissed Ryanair's bid to introduce forensic evidence alleging that former Chief Operations Officer Peter Bellew had downloaded company data onto personal devices. The judge ruled the evidence was irrelevant to the court's question of whether a 12‑month non‑compete clause in Bellew's contract was enforceable. He also found an incident on 27 November, where Bellew allegedly removed a confidential document, irrelevant. Bellew denies wrongdoing and claims the document was taken by mistake. Ryanair's counsel sought to curtail the airline, arguing the evidence would delay the case. The judge's ruling came on the sixth day of the action, and Ryanair accepted that the proposed evidence would not be used. Bellew's defence maintains the clause is unenforceable. The case continues with Bellew's evidence to be presented on Thursday.

2019-12-06 · Kerry

Outgoing Ryanair exec has information competitors would "kill to have", court hears

In a High Court hearing, Eddie Wilson, former chief people officer of Ryanair, testified that outgoing COO Peter Bellew possessed confidential information that competitors would "kill to have". Wilson claimed Bellew had insights into Ryanair's cost‑saving strategies and long‑term contracts, information normally shared in senior management meetings called 'Zs'. Bellew had not attended these meetings since late July, after announcing his departure, and no longer had access to confidential reports. Ryanair alleges Bellew breached a 12‑month non‑compete clause by accepting a role at easyJet, its main rival in the low‑fare sector. Bellew denies the breach and argues the clause is unenforceable. Ryanair seeks an order enforcing the non‑compete and an injunction against Bellew's employment with easyJet. The case continues before Mr Justice Senan Allen, with a judgment expected before Christmas.

2019-12-05 · Kerry

O'Leary denies creating "culture of fear" at Ryanair

Ryanair CEO Michael O'Leary denied creating a "culture of fear" among pilots during cross-examination in the High Court, where the airline is suing former Chief Operations Officer Peter Bellew. The hearing before Mr Justice Senan Allen concerns Ryanair's claim that Mr Bellew breached a 12-month non-compete clause by joining easyJet. Mr O'Leary rejected allegations of verbal abuse and a violent confrontation with a former employee, though he admitted using bad language. He also denied firing a German crew after a 2018 fatigue incident, stating the account was "completely untrue" and that Mr Bellew was not involved in such safety matters. Mr O'Leary accepted he warned Mr Bellew his job was at risk following a 2019 performance review but denied the executive was "a dead man walking." Ryanair seeks an order for specific performance of the contract and an injunction against Mr Bellew, of Killarney, Co Kerry. Mr Bellew denies any breach of contract and argues the clause is unenforceable. The matter is currently at the hearing stage and continues.

2019-12-04 · Kerry

O'Leary says he was "taken aback" by senior exec's decision to join rival

In a High Court hearing, Ryanair chief executive Michael O'Leary told the judge that he was surprised when COO Peter Bellew announced his resignation in July 2019 and subsequent move to Easyjet. O'Leary explained that Bellew had cited lack of sleep and stress as reasons for leaving, and that he had been offered a three‑month notice period to allow a transition after Ryanair's summer schedules. Bellew declined the offer, claiming the 12‑month non‑compete clause did not apply because he was not joining a low‑fare carrier or a European airline. O'Leary disputed this, noting the clause was standard for senior managers and that Bellew had been paid a €1.1 million share‑option bonus in June 2019. Bellew denied breaching the contract, arguing the clause was void as he was excluded from the share‑option scheme. The case continues before Mr Justice Senan Allen.

2019-12-03 · Kerry

Michael O'Leary takes to stand in Ryanair contract case

In a High Court hearing on 3 December 2019, Ryanair's chief operations officer Peter Bellew faced a claim from the airline that his employment contract contained a 12‑month non‑compete clause preventing him from working for a rival after leaving. Bellew, who had agreed to become chief operating officer at EasyJet, denied breaching the contract and argued the clause was unenforceable because he was not included in Ryanair's share‑option scheme, which he said was a precondition for the clause. Ryanair's CEO Michael O'Leary testified that senior managers, known as "Zs", are bound by such clauses, receive share options, and have access to commercially sensitive information. O'Leary also highlighted Bellew's role in flight operations, engineering, and pilot training, and his salary of €550,000 plus a potential €500,000 bonus. The case, heard before Mr Justice Senan Allen, seeks an injunction to enforce the non‑compete and prevent Bellew from acting contrary to the post‑termination restrictions.

2019-10-25 · Cork

Woman sold drugs to feed horses at her sanctuary

Rosalind Barton, 49, of Barrduff, Killarney, pleaded guilty to possessing €139,000 worth of cannabis for sale or supply at Dromalour, Kanturk, Co Cork on 8 December 2017 and €8,000 worth of cocaine at her home on the same date. She claimed the drugs were sold to fund feeding of abandoned horses at her sanctuary. Barton was sentenced to six years' imprisonment, with the final two years suspended, by Judge Seán Ó Donnabháin on 10 January 2019. The Court of Appeal upheld the sentence. The court noted that gardaí observed two vans entering the side of the road outside Kanturk, from which black refuse bags containing the cannabis were taken. A follow‑up search of Barton's home revealed the cocaine. Barton admitted her role in the transactions and had no prior convictions. The appeal was dismissed with no error found in principle.

2019-10-25 · Kerry

Gardai opened fire on armed raiders who had pointed firearm at postmistress

In 2016, Marcus O'Rourke (39) and Brian O'Sullivan (33) robbed the Waterville Post Office in County Kerry, pointing a firearm at postmistress Lisa O'Reilly Foran and using a crowbar. They stole €4,000–€5,000, broke a glass pane, and activated a panic alarm. Two Dutch tourists witnessed the event. After the robbery, the pair fled in a Mazda, driving at high speed on the narrow Ring of Kerry road, and later reversed into a Garda car, damaging it and endangering officers. Gardaí, believing the firearm was real, opened fire during the chase. Both men had prior convictions (43 for O'Rourke, 52 for O'Sullivan) but none of comparable gravity. They were sentenced to nine years' imprisonment, with the final two years suspended, and the sentence was upheld on appeal as appropriate for the seriousness of the offence. The nine‑year term was made consecutive to three‑year terms for separate drug offences. Marcus O'Rourke pleaded guilty. Brian O'Sullivan pleaded guilty.

2019-05-30 · Kerry

Council quashes planning decision made in favour of Danny Healy-Rae company

Kerry County Council has agreed to quash a planning decision granted to Healy Rae Plant Hire Limited, a company owned by Independent TD Danny Healy-Rae, following a High Court challenge. Environmental campaigner Peter Sweetman, represented by Margaret Heavey BL and solicitor Aoife O'Connell, launched the action last July to set aside the Council's June permission to raise a field in Kilgarvan with construction and demolition waste. The proceedings, which were adjourned on several occasions, were briefly mentioned before Mr Justice Seamus Noonan on Thursday. The judge noted that the action had been resolved after the Council agreed to quash the decision. Healy Rae Plant Hire Ltd was a notice party but took no part in the proceedings. Mr Sweetman was granted the costs of the complex action. In his claims, Mr Sweetman alleged that the developer obtained permission to place over 50,000 tonnes of inert waste on a 1.8-hectare field with peaty soils, claiming the Council failed to consider the need for a waste licence or environmental impacts such as leachate and gas. He further alleged the decision contravened the Kerry Development Plan without an Environmental Assessment or Appropriate Assessment, despite the site's proximity to Killarney National Park Special Protection Area. The part of the judicial review involving the State became moot after the Council agreed the planning decision could be quashed.

2019-03-28 · Tipperary

Recording of Mary Lowry and partner on hard drive found in Quirke's home

During the Central Criminal Court trial, a hard drive seized from Patrick Quirke's home yielded a recording of Mary Lowry speaking with Flor Cantillon, the man who began seeing her after Bobby Ryan vanished. The audio, played by Detective Sergeant John Keane, shows Lowry laughing while reading a newspaper article about cross‑dressing, and Cantillon asking her about a verdict. Lowry confirmed the tape was of her and Cantillon, denied making or authorising the recording, and stated she was unaware of being recorded. She also testified that she had allowed her three children to be interviewed by Gardaí in 2013 after Bobby Ryan's body was found, and that she had not been permitted to attend the interview. The court heard that Quirke had expressed disapproval of Lowry's relationship with Ryan and had reported her to Tusla for allegedly leaving her children alone. The trial continues with further testimony from Lowry's brother, Eddie Quigley. Patrick Quirke pleaded not guilty.

2019-03-05 · Cork

Sentence cut for "main man" behind drug deal

Farid Fawzi, 31, pleaded guilty to possessing almost €100,000 worth of cocaine and cannabis for sale or supply at his Cooneybeg address on 15 September 2016. The Cork Circuit Criminal Court found he was not present at the address when it was raided, but a mobile phone linked to him was discovered, leading Gardaí to him. Judge Seán Ó Donnabháin described Fawzi as the "main man" in the movement and distribution of a significant amount of drugs, giving directions to at least two others. He was not addicted to drugs but entered dealing for profit, attracted by a lucrative lifestyle and easy money. The initial sentence was 10 years with the final two years suspended. The Court of Appeal reduced this to seven years with the final six months suspended, requiring a good‑behaviour bond for the suspended period and compliance with probation service directions.

2018-10-02 · Kerry

Serial sex attacker sent back to jail for drinking "to excess"

James Cronin, aged 35, was jailed for two years by the Court of Appeal after breaching the conditions of a suspended sentence by drinking alcohol. Cronin had previously been sentenced to seven years in 2007 for attempting to rape a girl he met at a Killarney disco on Christmas Eve 2004, and was already serving an eight‑year sentence for kidnapping and raping another woman he met at a Killarney disco on 31 October 2004. The Court of Criminal Appeal had varied his Christmas Eve sentence to ten years, suspending the final five years on the condition that he comply with probation services and abstain from alcohol. The probation service reported that Cronin had consumed alcohol to an excessive degree on several occasions, undermining his medication and the terms of his release. The Court of Appeal, hearing the matter, activated two of the five suspended years, requiring Cronin to serve two years in jail.

2018-07-30 · Kerry

Challenge to planned field work by Healy Rae company

In a High Court case, environmental campaigner Peter Sweetman challenged Kerry County Council's decision to grant planning permission to Healy Rae Plant Hire Limited, a company owned by TD Danny Healy Rae, to raise a 1.8‑hectare field in Kilgarvan. Sweetman argues the council failed to obtain a waste licence, conduct an Environmental Impact Assessment or an Appropriate Assessment, and ignored the field's poor drainage, peaty soils and proximity to protected habitats. He claims the development contravenes the Kerry Development Plan and EU directives on habitat conservation. Sweetman seeks an order quashing the council's decision, declarations that the council acted outside its statutory remit, and that the state failed to transpose relevant EU directives. The court granted Sweetman permission to proceed ex‑parte, with the case scheduled for a November hearing. The council and Healy Rae Plant Hire are notice parties.

2018-06-29 · Dublin

Woman who robbed homeless man with her boyfriend's murderer avoids jail as she has become mother

Yasmin Stephens, 23, of Albert College Avenue, Glasnevin, was charged with murdering her 33‑year‑old boyfriend, Kieran Farrelly, but the charge was dismissed under Section 4E of the Criminal Justice Act. She was then arraigned for robbing a homeless man, Hugh Gildea, on Mabbot Lane, where she stole a mobile phone, wrist watch and €520. CCTV footage showed the robbery lasted over 20 minutes. Stephens pleaded guilty. Judge Michael White sentenced her to four years in prison, but suspended the sentence for four years on a €100 bond, requiring her to keep the peace, maintain good behaviour, continue methadone treatment and provide urine analysis. The judge noted her new status as a mother as a key factor in the suspended sentence. The court considered the offence serious but weighed her parental responsibilities. The probation report was not negative. The unnamed 23-year-old pleaded not guilty.

2018-05-18 · Dublin

"I am facing life anyway": Murderer held "shiv" to his barrister's throat in escape attempt

Sean Ducque, 34, a convicted murderer serving a life sentence for the 2014 killing of Kieran Farrelly, was sentenced to eight years for an escape attempt on 8 June 2017. While in a Dublin courthouse cell, he concealed a jagged perspex "shiv" in his trousers and threatened his female barrister, demanding release or she would be killed. He used her as leverage, grabbing her from behind and placing the weapon against her throat, then shouted at prison officers to drop the shiv. A violent struggle ensued, during which Ducque tried to stab an officer and bite another. Two officers and two gardai were injured; all suffered stress and trauma. The barrister, who had been discussing the case with him, escaped the cell and later gave a victim impact statement detailing panic attacks, nightmares and lasting fear. Sean Ducque pleaded guilty.

2018-05-01 · Dublin

Child porn accused stole €14k while working at Motor Tax Office

John O'Donoghue, a 38‑year‑old former cashier at the Motor Tax Office in Dublin, was sentenced to four years' imprisonment with the final 18 months suspended for stealing €14,293 from his employer between March and August 2017. He pleaded guilty to representative counts of theft and false accounting. The thefts were uncovered when a customer's payment for motor tax arrears was found missing, prompting a review of CCTV and paperwork that revealed O'Donoghue had pocketed the money and falsified cashier summaries. He admitted to heavy drinking, spending €50–€100 daily on alcohol, and had used the stolen funds for that purpose. O'Donoghue had previously admitted to child‑pornography offences but had not yet been charged at the time of the thefts, and he had lost his job in September 2017. The judge noted his stress, cooperation, and lack of enrichment in determining the sentence.

2018-04-27 · Dublin

Murder charge dismissed against mum (23) accused of murdering boyfriend

The murder charge against 23‑year‑old Yasmin Stephens, who was accused of killing her 33‑year‑old boyfriend in Dublin three and a half years earlier, was dismissed by Mr Justice Michael White under Section 4E of the Criminal Justice Act. The case had been scheduled for trial at the Central Criminal Court, but her legal team successfully obtained the dismissal before the jury could hear the evidence. Stephens was then arraigned on a second count for robbing a homeless man, Hugh Gildea, on Mabbot Lane. She pleaded guilty to stealing a mobile phone, a wrist watch and €520 in cash. The judge reviewed CCTV footage of the 20‑minute assault, heard Gildea's statement and that of two witnesses, and noted that Sean Ducque delivered the violence while Stephens searched the victim's pockets. She was remanded on continuing bail pending a probation report, with sentencing expected on 29 June. The unnamed 23-year-old pleaded not guilty.

2018-04-23 · Dublin

Woman goes on trial accused of man's murder

A 24‑year‑old Dublin woman, Yasmin Stephens of Albert College Avenue, Glasnevin, is set to go on trial tomorrow after being arraigned today at the Central Criminal Court. She faces a charge of murdering 33‑year‑old Kieran Farrelly on 26 October 2014. Stephens pleaded not guilty. An eight‑man, four‑woman jury was sworn in to hear the case.

2018-03-06 · Kerry

Child porn "addict" admitted distributing movies and images

John O'Donoghue, aged 38, was convicted of distributing and possessing child pornography. He admitted to the Gardaí that he was addicted to viewing such material and that he had shared illegal images and movies via email and a file‑sharing network. The offences covered the period from November to December 2009 and September 2012. O'Donoghue pleaded guilty at the Dublin Circuit Criminal Court. Judge Martin Nolan imposed a four‑year sentence, suspending the final two years, and ordered the destruction of the material. The court noted that the material was not for general distribution but was shared with like‑minded individuals. O'Donoghue had no prior convictions and was a qualified engineer with a strong work history. The case had caused significant stress and social ostracisation for his family. The prosecution's delay was also taken into account. The sentence reflects the seriousness of the offence and the impact on the victims involved.

2017-11-08 · Dublin

Former British Army soldier guilty of murdering man outside chipper

A former British Army soldier, Donal Colgan, aged 66, was found guilty of murder after stabbing 44‑year‑old David Sheridan to death outside Luigi's takeaway on Dublin's North Strand Road on 17 August 2014. Colgan had pleaded not guilty to murder but guilty to manslaughter. He claimed he lost self‑control after Sheridan struck him on the head with a bag of cans, and that the prosecution's claim of an earlier altercation was false. The jury, after five days of evidence and 6 hours 44 minutes of deliberation, returned a unanimous guilty verdict for murder. Justice Tony Hunt thanked the jury, excused them from further service for ten years, and sentenced Colgan to life imprisonment. The case was the second trial for the murder; the first collapsed due to a gap in CCTV footage.

2017-11-03 · Dublin

Former soldier tells murder trial he "lost complete control"

During a murder trial, former British Army soldier Donal Colgan, aged 66, pleaded guilty to manslaughter but not guilty to murder in the death of 44‑year‑old David Sheridan outside Luigi's chip shop on North Strand Road, Dublin 1, on 17/18 August 2014. Colgan said he had lost complete control after a series of confrontations involving Sheridan, his friend Gary Kinlan, and a young man named Keith Ledden. He described being provoked by a bottle hit to the head and feeling shocked and angry, leading him to stab Sheridan. Colgan claimed he had no intention to kill and that he had returned to the shop to frighten the parties involved. The trial, held at the Central Criminal Court, will continue to the next phase before Justice Tony Hunt and a jury.

2017-11-03 · Dublin

Former British army soldier gives evidence at his murder trial

Donal Colgan, a 66‑year‑old former British Army soldier, is giving evidence in his defence at the Central Criminal Court. He has pleaded guilty to manslaughter but not guilty to the murder of 44‑year‑old David Sheridan, who was killed outside Luigi's chip shop on the North Strand Road on 17/18 August 2014. Colgan's plea was not accepted by the State, so the case proceeds. In his testimony, Colgan described his upbringing in the North Strand area, his school experience, and his decision to join the British Army at 16. He served with the Ulster Rifles, was posted to Gibraltar and Libya, and was injured in a desert exercise. He returned to Ireland in 1969, married in 1972, had four children, and later moved to Clontarf after a relationship breakdown in 1997. He will continue to testify before Justice Tony Hunt and a jury of eight women and three men.

2017-11-02 · Dublin

Murder accused told gardai he was acting in "self defence", trial hears

A 66‑year‑old Dublin man, Donal Colgan, was arrested on 19 August 2014 after a fatal stabbing outside Luigi's chip shop on North Strand Road. He pleaded guilty to manslaughter but not guilty to murder of 44‑year‑old David Sheridan. Colgan claimed he acted in self‑defence after two young men attacked him. Garda Sergeant Chris Cahill testified that Colgan told the police it was self‑defence. Detective Sergeant Mark Waters found Colgan's clothes and a knife at his home, both bearing the victim's blood, and noted that Colgan behaved normally the day after the incident. Teresa Marcela, a Luigi's employee, described a fight between Colgan and the victim, after which Colgan allegedly stabbed Sheridan with a large vegetable knife. Deputy State Pathologist Dr Michael Curtis confirmed multiple stab wounds, including a 20‑cm abdominal wound, and identified the knife as the likely weapon.

2017-11-01 · Dublin

Witness tells murder trial he saw his friend being "stabbed to bits"

During a murder trial, witness Gary Kinlan testified that he saw his friend David Sheridan being stabbed to bits by Donal Colgan outside Luigi's chip shop on North Strand Road, Dublin 1, on 17/18 August 2014. Kinlan, who was drinking with Sheridan in the Summerhill area, claimed that Colgan emerged from the shop, confronted him, and then returned a few minutes later with a large blade. Kinlan said he ran to a nearby car, saw Colgan holding Sheridan against a window and stabbing him, and tried to stop him, but Colgan walked away as if nothing had happened. Kinlan denied any role in the events leading up to the stabbing, and the prosecution's cross‑examination questioned his account. The trial is proceeding before Justice Tony Hunt and a jury. Donal Colgan pleaded guilty.

2017-10-31 · Dublin

Altercation outside chipper led to fatal stabbing, prosecution tell jury

In a trial at the Central Criminal Court, the prosecution presented evidence that Donal Colgan, 66, of Killarney Court, Dublin, murdered 45‑year‑old David Sheridan outside Luigi's chip shop on the North Strand Road on 17/18 August 2014. Colgan had pleaded guilty to manslaughter but not to murder, and the State rejected his plea. The prosecution alleged that on the evening in question, Sheridan and Gary Kinlan had purchased drinks from an off‑licence and then went to Luigi's. An altercation between Kinlan and Colgan outside the shop led Colgan to leave, return with a knife, and stab Sheridan multiple times. Sheridan was taken to hospital but died the next day. The prosecution said a post‑mortem would confirm death from stab wounds. Gardaí had reviewed CCTV, interviewed witnesses, and arrested Colgan.

2017-10-25 · Kerry

Jackie Lavin's action against partner Bill Cullen adjourned for "talks"

Jackie Lavin's High Court action against her partner, Bill Cullen, and Glencullen Properties Ltd was adjourned to facilitate talks between the parties. The case, listed before Mr Justice Paul Gilligan on Wednesday, concerns an alleged failure to complete a €1m deal for the sale of Killegy House in Co Kerry to Ms Lavin. Ms Lavin, of Osberstown House, Naas, claims she agreed to advance €1m to reduce Glencullen's liabilities in exchange for the property, which she describes as her home. She seeks specific performance of the sale and an order prohibiting the defendants from selling the house to others. Glencullen Properties, in which Mr Cullen is the sole shareholder and a director, denies all claims. The company acknowledges the €1m advance but disputes that it was part of an agreement to sell Killegy House to Ms Lavin. The matter was adjourned and is due to be mentioned before the court on Thursday morning.

2017-07-24 · Kerry

Criminal is jailed for sexually assaulting "vulnerable" woman while on "drunken spree"

Shane Fitzgerald, 26, of Tullorum, Spa, Killarney, was sentenced to five years' imprisonment for burglary and sexual assault committed in September 2015. He entered a flat in a Co Kerry town on a "drunken spree," barged in, pulled down his pants, exposed his penis and forced the vulnerable woman, in her fifties, to mouth it. The victim was awakened at 3.30 am, fled screaming, and was later assisted by a neighbour. Fitzgerald pleaded guilty, expressed remorse, and has 56 prior convictions. The judge noted the crime's squalid nature, the victim's vulnerability, and Fitzgerald's dysfunctional background. He imposed a five‑year custodial sentence, followed by three years of post‑release supervision with the Probation Service. No other charges were brought against the accomplices. The victim remains in counselling and has not returned to her flat.

2017-07-24 · Dublin

Jail for serial phone thief

A 28-year-old man from Tallaght has been sentenced to 20 months imprisonment at Dublin Circuit Criminal Court after pleading guilty to stealing five iPhones from Three mobile phone stores across the country between November 3 and 7, 2015. Viorel Rostas participated in robberies in Navan, Cavan, Letterkenny in Donegal, and Tralee and Killarney in Kerry. Rather than stealing the phones himself, Rostas acted as a distraction or obstructed staff attempting to prevent the thefts while accomplices took the devices, which were collectively valued at over €3,500. Judge John Aylmer considered Rostas's guilty plea and €1,000 compensation offered as mitigating factors, but noted his previous convictions for theft made a suspended sentence inappropriate. The court heard Rostas became involved following his mother's death and financial pressure from a loan taken for funeral expenses in Romania. None of the five phones were recovered by gardaí.

2017-07-17 · Kerry

"I am the first to agree I deserve a custodial sentence": burglar who sexually assaulted "vulnerable" woman

In a case heard at the Central Criminal Court, Shane Fitzgerald, 26, pleaded guilty to burglary and sexual assault after breaking into a vulnerable woman's flat in a Kerry town in September 2016. Fitzgerald, who has 56 prior convictions, admitted to entering the flat, pulling down his pants, exposing his penis and forcing the woman to perform oral sex. He demanded money, took a sum, and fled. The victim, a woman in her fifties, was awakened at 3.30 am, was terrified, and later received assistance from a neighbour. Fitzgerald was arrested a few days later and has been in custody since October 2016. He has expressed remorse, written a letter to the court, and is undertaking anger‑management and psychological counselling. No other charges were brought against the other men involved. The case was adjourned to next Monday for finalisation.

2017-07-14 · Dublin

Man to be sentenced over serial iPhone theft

A 28-year-old man from Tallaght has pleaded guilty at Dublin Circuit Criminal Court to his involvement in the theft of five iPhones from mobile phone stores across the country between November 2015. Viorel Rostas admitted to taking part in robberies at outlets in Navan, Cavan, Letterkenny, Tralee, and Killarney over a five-day period, with the stolen handsets valued at over €3,500. During each incident, Rostas acted as a distraction or obstructed attempts to prevent the thefts while accomplices removed the phones. The robberies occurred during business hours and were recorded on store CCTV; none of the phones were recovered. Detective Garda evidence indicated Rostas was part of a group of four involved in the thefts. The defence outlined that Rostas took a €10,000 loan to finance his mother's funeral in Romania following her death in July 2015, subsequently agreeing to participate in the robberies due to pressure from the lender. Rostas, who has lived in Ireland over twenty years, has seventy-one previous convictions. Judge John Aylmer adjourned the case for sentencing on 24 July.

2017-07-10 · Dublin

Life in prison for man who twice shot father-of-three

Seán Ducque, 33, was sentenced at the Central Criminal Court for the murder of Kieran Farrelly. Ducque, who pleaded not guilty, was convicted by a jury after a trial. The court imposed the mandatory sentence of life imprisonment for the murder, which occurred on 26th October 2014 at Killarney Court, Dublin. Ducque had previously pleaded guilty to robbing taxi driver David Wyer of a mobile phone, car keys, and approximately €150 in cash, and possessing a firearm with intent to commit robbery at Terrace Place on the same date. For these offences, the judge sentenced Ducque to 12 years for the robbery and seven years for the firearm possession. Additionally, Ducque admitted to robbing Hugh Gildea of a mobile phone, wristwatch, and approximately €520 in cash on 27th October 2014 at Mabbot Lane, for which he received a three-year sentence. All sentences were backdated to 5th May 2016, when Ducque entered custody for another armed robbery. The judge described the murder as cold and calculated, and noted the profound impact on the victims, including Wyer, who surrendered his PSV licence and can no longer drive a taxi.

2017-06-28 · Kerry

Jury finds man guilty of murder over shotgun killing

Seán Ducque, who had no fixed abode, was found guilty of murdering 33‑year‑old Kieran Farrelly on 26 October 2014. The court heard that Farrelly was shot twice with a shotgun – first in the chest, then in the head – after a confrontation in Killarney Court, Dublin. Witnesses reported two bangs and shouting at about 11.30 p.m.; a female voice warned "Seán, don't do it." Emergency services discovered Farrelly's body with two gunshot wounds. A sawn‑off, double‑barrelled shotgun and discharged cartridges were recovered from a nearby lane. Ducque denied intent to kill, claiming he was trying to sell a stolen phone, but the jury found him guilty of murder. He will be sentenced to life imprisonment next month. The trial also noted Ducque's prior robberies and his heroin addiction at the time of the offence. The judge remanded him in custody for sentencing. Seán Ducque pleaded not guilty.

2017-06-28 · Dublin

Murder trial jury given shotgun used in killing

In a Dublin murder trial, the jury was supplied with the shotgun used by the defendant, Seán Ducque, to kill 33‑year‑old Kieran Farrelly in 2014. Ducque, who has no fixed abode, pleaded not guilty but admitted firing two shots that killed Farrelly. The jurors requested the weapon during deliberations and received it before resuming at lunchtime. Prosecutor Dominic McGinn noted the Gardaí had asked for the firearm to be returned to avoid it being left unattended, a request the judge accepted.

2017-06-27 · Dublin

"If there ever was a clear case of murder, this is it," prosecution tell jury

In a Dublin murder trial, the jury requested to see the shotgun used by Seán Ducque, who shot Kieran Farrelly, 33, in the head and chest on 26 October 2014 at Killarney Court. Ducque, a homeless drug addict, pleaded not guilty. Prosecutor Dominic McGinn SC argued that firing a shotgun at close range indicates intent to kill and that the alleged provocation—Farrelly's threat to "beat the head off" Ducque—was insufficient to cause a complete loss of control. He described Ducque's actions as deliberate: luring Farrelly to the court, retrieving the gun, shooting twice, and reloading within a metre of the victim's head. McGinn concluded that this case represented a clear instance of murder. Defence counsel Hugh O'Keeffe SC acknowledged the killing but highlighted the unusual nature of provocation and the client's intoxication.

2017-06-26 · Dublin

Man tells his murder trial that he "lost control" and shot deceased twice

In a Dublin murder trial, 33‑year‑old Seán Ducque, who has no fixed abode, admitted firing a loaded shotgun twice at Kieran Farrelly on 26 October 2014, killing him. Ducque said he was severely intoxicated with heroin, vodka and zimovane and had lost control after Farrelly threatened to punch him. He claimed drug dealers had given him the shotgun and four cartridges to rob a taxi driver and repay a €3,000 debt. Ducque testified that he hid the gun and the taxi driver's phone and cash in bushes at Killarney Court, then returned with Farrelly and his partners to retrieve the items. He denied any pre‑planned intent to kill, stating he was under threat and that the second shot was fired after the first when Farrelly was on the ground. The trial is proceeding before Mr Justice Paul Butler and a jury of twelve. The unnamed 33-year-old pleaded not guilty.

2017-06-23 · Dublin

Murder accused tried to urinate on his hands before firearms residue test, trial hears

The Central Criminal Court heard that 33‑year‑old Seán Ducque, charged with murdering Kieran Farrelly, tried to urinate on his hands before forensic samples were taken for firearms residue. Garda Aaron Hoey testified that after the accused was detained the next day, bags were placed on his hands to preserve residue that could be removed by friction or washing. Hoey said Ducque removed the bags and attempted to wash the residue away, and that he was uncooperative, requiring restraint by four officers. Despite this, samples were obtained. Forensic scientist John O'Shaughnessy examined Ducque's jacket and found residue matching that from the shotgun cartridge recovered at the scene, supporting the view that Ducque discharged the shotgun. CCTV footage showed the accused, the victim and two women walking together at 11:30 pm, with the victim no longer present ten minutes later.

2017-06-22 · Dublin

Deceased pleaded with murder accused, former partner tells trial

In the trial of 33‑year‑old Seán Ducque, charged with the 2014 murder of Kieran Farrelly, former partner Laura Dempsey testified that she was in a relationship with Ducque at the time and that they had a child. She said she had been selling heroin with Farrelly's partner that evening and that they later met Ducque and Farrelly, walking toward Summerhill. Dempsey claimed she heard a shot immediately after Farrelly crossed railings and that Ducque fired twice, once in the chest or head. She said she shouted "stop" after the first shot and that Ducque handed her a bag containing a gun after the second. Dempsey described being crying, the gun being disposed of in a bin on Mabbot Lane, and the Gardaí arriving to arrest them. She also admitted to being a heroin addict and taking methadone, valium and alcohol that night, but insisted she was not heavily intoxicated. Seán Ducque pleaded guilty.

2017-06-21 · Kerry

Witness tells murder trial he heard women shouting "Seán Don't"

During the murder trial of 33‑year‑old Seán Ducque, a witness, Leon Fay, testified that he heard two bangs and two women shouting "Seán Don't" on the night of 26 October 2014. Fay, who lived across the street from Killarney Court, recalled hearing what he thought were fireworks, then hearing the women's distressing cries. He also heard a male voice say "I'll meet you around the back" before seeing the women run together. Fay went to the scene, saw a body lying on the ground, and called an ambulance. The body was that of Kieran Farrelly, who was found shot with a shotgun. The state pathologist confirmed two fatal shotgun injuries, one to the eye and one to the chest, and the prosecution argued that Ducque's use of a shotgun at close range constituted an intent to kill. The trial, presided over by Mr Justice Paul Butler, is expected to last two weeks. Seán Ducque pleaded not guilty.

2017-06-21 · Kerry

Murder accused admits firing fatal shots

A 33‑year‑old man, Seán Ducque, is on trial for the murder of Kieran Farrelly, who died in Dublin City in 2014. Ducque pleaded not guilty, but his barrister, Hugh O'Keeffe SC, admitted that Ducque fired two shotgun shots on 26 October 2014, shots that killed Farrelly. The prosecution, represented by Dominic McGinn SC, argued that the shots were fired from a sawn‑off, double‑barrelled shotgun found in a wheelie bin on Mabbot Lane. Farrelly's body was discovered on Killarney Street with two gunshot wounds – one to the chest and one to the left eye socket – and the State Pathologist confirmed death from these injuries. The court must decide whether Ducque intended to kill or seriously injure Farrelly, a key element for a murder conviction. The trial is scheduled to continue for two weeks before Mr Justice Paul Butler and a 12‑person jury.

2017-06-16 · Dublin

New jury sworn-in for Dublin city murder trial

A new jury of six men and six women was sworn in to hear the trial of 33‑year‑old Seán Ducque, who is charged with murdering Kieran Farrelly on 26 October 2014 at Killarney Street. Ducque, who has no fixed abode, pleaded not guilty at his arraignment. The trial, now in the legal argument stage, will open before the jury on Wednesday and is expected to last two weeks. Prosecutor Dominic McGinn SC also indicated that evidence may be presented regarding a taxi robbery and a separate incident involving Hugh Gildea.

2017-04-27 · Dublin

Jackie Lavin gets Bill Cullen action date

Jackie Lavin's High Court action against her partner Bill Cullen and Glencullen Properties Ltd over an alleged failure to complete a €1m deal for the sale of Killegy House in Co Kerry to the businesswoman has been scheduled for a hearing in October. Ms Lavin, of Osberstown House Naas Co Kildare, has brought proceedings against Glencullen Properties Ltd and Mr Cullen, also of Osberstown House, Naas. Mr Cullen is the firm's sole shareholder and a director of the company. The case was briefly mentioned before Mr Justice Paul Gilligan at the High Court on Thursday, who was informed that the matter would take five days to hear. The judge said that because of the volume of cases waiting to be heard, the court would not be able to hear a five day action between now and the end of July when the legal year ends. Noting that witnesses in Ms Lavin's action have to travel to Dublin from abroad, the judge said he was listing the case for hearing on October 25th next. In her proceedings, Ms Lavin claims she has been a longtime resident of Killegy House which she says is her home. She claims Ulster Bank created a charge over Glencullen's assets in 1999, including Killegy House. In 2009 Glencullen sought additional credit facilities from Ulster Bank to allow it continue to trade during the downturn. The bank, she claims, was unwilling to do this unless €1m was invested in the company. Following the sale of a property they had in Florida for US$7.25m, Ms Lavin said she agreed to advance Mr Cullen €1m so he could pay down Glencullen's liabilities. As part of the arrangement, Killegy House would be sold to her, it is claimed. She said she paid over €757,000 to the company but it has failed to complete the sale of the property to her. She claims she has suffered loss and damage as a result of being deprived of the opportunity to buy the house. After the company was placed in receivership, it secured an order from the Residential Tenancies Board requiring her to leave Killegy House. In her action, she seeks an order for the specific performance directing the sale of Killegy House to her. She also seeks an order prohibiting the defendants from entering into any contract for sale of the property other than with Ms Lavin. Glencullen Properties denies the claims and argues that she is not entitled to any of the orders she seeks. In its defence, the company says it accepts Ms Lavin agreed to advance Mr Cullen €1m so he could loan Glencullen funds to reduce its liabilities. The company denies the monies were advanced as part of an agreement to sell Killegy to Ms Lavin. Glencullen says it never agreed to sell her the premises for any sum of money nor is there any contract of sale between the parties. It also says that at no time prior to May 2013 did Ms Lavin mention any agreement involving her buying the property from Glencullen. The company also says Ms Lavin has failed to comply with the order it obtained requiring her to leave Killegy and has brought enforcement proceedings before the Circuit Court. Mr Cullen has not delivered a defence to the action.

2017-03-31 · Dublin

Bill Cullen sued by long term partner Jackie Lavin over alleged €1m house deal

Jackie Lavin and Osberstown House Naas Co, acting as applicants, are involved in High Court proceedings against Bill Cullen and Glencullen Properties Ltd regarding an alleged €1m property deal. Ms Lavin claims she advanced funds to Cullen to reduce company liabilities, with the understanding that Killegy House in Co Kerry would be sold to her. She alleges she paid €757,000 but the sale was not completed, causing her loss. She seeks specific performance of the sale and an injunction preventing the defendants from selling the property to others. The defendants deny the existence of a sale agreement. Glencullen Properties Ltd argues that while it accepts the loan was advanced, it never agreed to sell the premises to Ms Lavin and asserts no contract of sale exists. The company further contends that Ms Lavin signed a statutory declaration disclaiming any interest in the company's assets, including Killegy House, and failed to comply with a Residential Tenancies Board order requiring her to vacate the property. Cullen has not delivered a defence. The matter was heard before Mr Justice Tony O'Connor, who addressed a preliminary issue concerning the timing of document discovery from Ulster Bank, which is not a party to the case. A timetable for exchanging materials was agreed upon. The case was adjourned and will be mentioned before the court at the end of April.

2017-03-07 · Dublin

Mum-of-four avoids jail over mobile thefts

Maria Muntean, 28, a mother of four who is expecting a fifth child, pleaded guilty to the theft of two iPhone 6s mobile phones from Three Ireland Phone Stores in Tralee and Killarney on 7 November 2015. CCTV footage showed her with two men: one removed the phones from the display case, the other watched staff while Muntean blocked the view with a brochure, which she then placed over the cradle. The phones, each valued at €699, were not recovered. Muntean had 54 previous convictions under two identities, including 17 thefts, one robbery, casual trading and road traffic offences. She was arrested but made no admissions during the Garda interview. The court, noting she was the least culpable of those arrested and had engaged with the Probation Service, imposed a two‑year sentence, which was suspended in full on strict conditions. The case was heard in the Dublin Circuit Criminal Court.

2017-02-20 · Dublin

Stabbing victim's parents brand justice system "a joke"

At the Central Criminal Court, December Connors (42) was sentenced to seven years' imprisonment, with the last two suspended, for the manslaughter of Peter Conroy (25) during a brawl at Palmerstown Lodge B&B in Dublin 20 on June 9, 2015. Connors was also sentenced to two months' jail for assaulting Elaine Blunt during the same incident, though this sentence was fully suspended. The case was at the sentence stage, with Connors having pleaded guilty to manslaughter and not guilty to murder. The jury found Connors guilty of manslaughter but not guilty of murder. The victim's parents, Frank and Marion Conroy, expressed their anger and frustration with the sentence, calling the justice system a 'joke'. Connors had previously been charged with murder but was convicted of manslaughter after a one-week trial. The judge noted that Connors had returned to the scene of the brawl with a knife and had made a downwards motion towards the deceased on CCTV, but ruled that the killing lacked the intention required for a murder conviction. Connors expressed remorse during the trial and in court, and the judge acknowledged his background and expressed remorse. The sentence was backdated to October 1, 2015. The court had to adjourn the hearing due to emotional outbursts from the victim's family and others present.

2016-12-19 · Dublin

Trial date set for 65-year-old charged with murder

A 65‑year‑old man, Donal Colgan, has been charged with the murder of David Sheridan, 45, who was killed outside a chip shop on North Strand Road, Dublin 1, on 17 or 18 August 2014. The Central Criminal Court, presided over by Mr Justice Patrick McCarthy, has set the trial for 31 October 2017.

2016-11-24 · Dublin

Murder trial jury discharged after spotting "crucial" gap in CCTV evidence

A jury was discharged after discovering a 29‑second gap in CCTV footage used in the murder trial of Donal Colgan, who was accused of killing 45‑year‑old David Sheridan outside Luigi's chip shop on North Strand Road on 17/18 August 2014. Justice Carmel Stewart explained that the missing footage had not been noticed by either the prosecution or defence counsel and that it could be significant. The jury had spent about three hours deliberating before returning to court to ask about the gap. After the judge confirmed the missing portion and deemed it a mistake, she informed the jury that counsel for the defence had applied to discharge them. She noted that the defence and prosecution had questioned witnesses under the assumption that the footage was continuous, and that fair procedure required the jury to be discharged. The judge thanked the jury for their diligence and exempted them from further duty for ten years. Donal Colgan pleaded not guilty.

2016-11-23 · Dublin

Jury begin deliberations in chip shop murder trial

In a Central Criminal Court hearing on 23 November 2016, Justice Carmel Stewart instructed a jury of nine men and three women that the prosecution must prove beyond reasonable doubt that Donal Colgan, 65, committed murder. Colgan had pleaded not guilty to the killing of David Sheridan, 45, outside Luigi's chip shop on North Strand Road on 17/18 August 2014. The judge noted that Colgan admitted stabbing Sheridan and that the defence accepted the killing was unlawful. Colgan claimed he was attacked by Sheridan and that he "lost it" and had no intention to use the knife until provoked. Justice Stewart explained that the defence of provocation applies when a sudden, unforeseen onset of passion deprives the accused of self‑control, and that self‑defence may be considered if the force used was more than necessary.

2016-11-22 · Dublin

Former British army solider "in control of his mind", prosecution tells jury

In a murder trial at the Central Criminal Court, the prosecution argued that former British Army soldier Donal Colgan, aged 65, was in control of his actions when he stabbed David Sheridan, aged 45, to death outside Luigi's chip shop on North Strand Road on 17/18 August 2014. Paul Burns SC presented evidence that Colgan left the scene after a fight, returned nine minutes later armed with a knife, and stabbed Sheridan, stating that Colgan had time to cool off on the walk home and back. The defence contended that if Colgan had lost control due to Sheridan's provocation, he should be found guilty of manslaughter, not murder, and that self‑defence was not applicable. The defence also highlighted alleged false testimony by witness Gary Kinlan and suggested Colgan's background of depression and panic attacks might explain his behaviour. Donal Colgan pleaded not guilty.

2016-11-21 · Dublin

Murder accused tells jury that he "lost it' after being attacked by deceased

Donal Colgan, 65, pleaded not guilty to the murder of David Sheridan, 45, outside Luigi's chip shop on August 17, 2014. He told the jury he had been attacked first by Sheridan and Gary Kinlan, and that he only wanted to frighten them. Colgan said he had a difficult childhood, left Ireland at 15, served in the British Army, and later suffered depression and panic attacks. On the day of the incident he had drunk heavily, went to the chip shop, and after a confrontation with Sheridan and Kinlan he claimed to have been punched and kicked. He then grabbed a knife he found and stabbed Sheridan four times, saying he had no intention to kill but to scare. He admitted lying to Gardaí and that CCTV showed Sheridan backing away before the knife attack. The trial continues before Justice Carmel Stewart and a jury.