Court archive

Court reports mentioning Listowel, Kerry

2025-10-06 · Kerry

Mobile evidence points to innocence of Ballyseedy meth haul accused, court told

In the Special Criminal Court, lawyers for 42‑year‑old James Leen argued that mobile phone evidence supports his innocence. Colm Smyth SC requested an adjournment to allow a mobile‑phone expert to examine devices seized by the gardai. Smyth said the prosecution's case hinges on alleged phone conversations linking Leen to three machines that were imported into Ireland, one of which contained the seized drugs. He contended that further analysis would show Leen was involved with only two of the machines and had no connection to the third. The court agreed to postpone the trial to 19 December to give the defence time to compile its report. Leen faces five charges, including directing a criminal organisation, importing crystal meth, and possession of methamphetamine at Ballyseedy Garden Centre. The State alleges the drugs were imported from Mexico, stored at Ballyseedy, and then moved to Cork for export to Australia.

2025-07-01 · Dublin

'Highly naïve' money mule who self-reported to gardai avoids jail

Caithlin Balmer, 26, voluntarily reported herself to Gardaí after engaging with a Snapchat user who offered her "quick cash" and asked her to allow the man to use her bank account. She pleaded guilty to three charges of possessing proceeds of criminal conduct totalling €21,400, with €16,409 transferred or withdrawn from the victim's account. Balmer admitted she withdrew some funds and handed cash to the man, who paid her €175. She claimed no role in gathering victim information or taking money from the account. The court accepted her pleas on the basis of recklessness, noting her remorse and cooperation. Judge Pauline Codd set a headline sentence of two and a half years, then imposed a 12‑month sentence suspended in full on strict conditions, citing her genuine remorse and employment as a nursing care assistant. The sentence reflected her being "highly naïve" and "highly reckless" in the offence.

2025-03-11 · Kerry

Unsuccesful Dail candidate too late to challenge election result

The High Court has ruled that Michelle Keane, an unsuccessful Independent Dáil candidate in Kerry, is out of time to challenge the November 2024 General Election result. Ms Keane, of Talbot Bridge, Knocknagoshel, claimed she witnessed ballots being torn from boxes at the Toureencahill polling station. She sought an order to release the marked register of electors and halt the destruction of election documents, naming the Clerk of the Dáil, the Irish Government, and Returning Officer Padraig Burke as respondents. Mr Justice Garrett Simons refused leave to present the election petition, noting that the 14-day limit under the Electoral Act 1992 had expired. The election was declared on November 30, 2024, but Ms Keane's application was not moved until March 7. The judge stated that Ms Keane was aware of her complaint on the night of the poll and that this was not a case of concealed fraud. He described her as "entirely unsuccessful" in the proceedings. Separately, last December, Ms Keane was jailed at Listowel Circuit Civil Court for refusing to comply with an injunction order prohibiting her from posting online about Listowel Garda Sergeant Melanie Walsh. She was released by Killarney Circuit Civil Court on December 13 after signing an undertaking to desist from such postings.

2025-03-07 · Kerry

Failed GE candidate wants result in Kerry set aside over alleged 'torn out' ballots

Michelle Keane, an unsuccessful Independent candidate in the Kerry General Election, appeared before the High Court to seek the setting aside of the election result. She alleged that she witnessed ballot papers being torn from boxes at a polling station on November 29, 2024, and requested access to the marked register of electors under the Electoral Act 1992. Mr Justice Garret Simons noted that any petition against an election should have been initiated within 28 days of polling day, which had passed. He reserved his judgment until Tuesday. Separately, regarding a distinct matter, Ms Keane was jailed at Listowel Circuit Civil Court on December 11 for refusing to comply with an injunction order prohibiting her from posting online about Listowel Garda Sergeant Melanie Walsh. This followed a July order from Ennis Circuit Civil Court requiring the removal of such posts. Although Ms Keane submitted an affidavit claiming she was not in breach, the court found otherwise. She was subsequently released by Killarney Circuit Civil Court on December 13 after signing an undertaking to desist from making further online statements about the sergeant.

2025-02-28 · Kerry

Care worker who had job terminated after saying she planned to quit wins €6k for unfair dismissal

Mairead Hanlon, a physical‑activity project worker at North Kerry Day Centre Ltd, earned €15 an hour for a 20‑hour week. In October 2023 she testified at an employment tribunal that she did not intend to return to work, while she was on sick leave for significant stress. The centre had asked her to transfer to a care home for elderly dementia patients for two weeks to cover staff absences caused by Covid‑19. Hanlon argued the instruction was a fundamental change to her contract, which required her to work in the community. The centre's grievance process upheld the complaint, but the WRC rejected it on preliminary grounds because the complaint was filed too late. In a second WRC case, the centre accepted her resignation after she had not formally resigned. The adjudicator found the dismissal was unfair, awarding Hanlon €6,500.

2025-02-28 · Cork

Ballyseedy CEO gets 12 years as court finds he was 'committed to and invested in' €32m drugs venture linked to Sinaloa Cartel

Nathan McDonnell, former chief executive of Ballyseedy Garden Centre, was sentenced by the Special Criminal Court to 12 years imprisonment for facilitating an organised crime group and 6 years concurrently for drug importation, backdated to his custody. The judge found McDonnell, aged 44, had been "committed to and invested in" a €32 million crystal‑meth operation linked to the Sinaloa Cartel. He stored a machine containing the drugs at his premises, paid shipping charges, and arranged export to Australia, receiving no payment. McDonnell admitted to Gardaí that he was unaware of the machine's contents. The court noted his financial hardship, family responsibilities, and the impact on his three sons. The sentence reflected the international reach of the criminal organisation and the large quantity of drugs involved. The judge also considered McDonnell's cooperation, good character and lack of prior convictions in mitigation.

2025-02-10 · Kerry

Kerry Crime Group at root of biggest ever Crystal Meth seizure were connected to Sinaloa Cartel

Nathan McDonnell, a former chief executive of Ballyseedy Garden Centre, pleaded guilty at the Special Criminal Court to importing methylamphetamine and directing a criminal organisation. The trial heard that McDonnell was to be paid €150,000 to store a machine containing 564kg of crystal meth, valued at €32.4 million, before its export to Australia. Prosecutors alleged the drugs were imported from Mexico via the Sinaloa Cartel. While the State asserted McDonnell facilitated the operation, it was noted that a different individual was charged with directing the criminal organisation. McDonnell admitted to storing the machine and arranging its shipment but claimed he was unaware of its contents. He has no previous convictions. Ms Justice Melanie Greally, presiding with Judges Sarah Berkeley and Grainne Malone, remanded McDonnell in custody. The court stated it hoped to finalise the case by the end of the month. Co-accused James Leen was also present. The matter was adjourned for sentencing.

2024-12-17 · Kerry

Garden centre owner has sentencing over record crystal meth haul adjourned

A sentencing hearing for former garden‑centre owner Nathan McDonnell, 44, was adjourned to 13 January after he pleaded guilty to importing crystal meth and facilitating an organised crime group. McDonnell admitted that between 16 October 2023 and 12 February 2024 he helped a criminal organisation import, sell and supply controlled drugs, knowing of its existence. He had earlier pleaded guilty to importing one or more controlled drugs, namely methylamphetamine, on 16 October 2023 at Cork Port, Ringaskiddy, in breach of the Misuse of Drugs Act. The State's case alleges the drugs were imported from Mexico, stored at a garden centre, then transported to Cork for export to Australia. The seizure of 564 kg of crystal meth, valued at €32.8 million, occurred on 16 February 2024 at Cork Port, leading to McDonnell's arrest after follow‑up searches in Kerry and Cork.

2024-12-09 · Kerry

Legal aid granted for €32m criminal organisation accused, despite State's objections

Judges at the Special Criminal Court granted legal aid to James Leen, a 41‑year‑old from Listowel, who is accused of importing over €30 million worth of crystal meth. Leen filed a statement of means claiming zero income and zero assets, but the Director of Public Prosecutions, John Berry SC, presented evidence that Leen owns a property and has bank accounts, indicating a lifestyle inconsistent with his claim. Berry asked the court to consider this evidence before deciding on legal aid. Morgan Shelley BL argued that the money involved is alleged proceeds of crime and cannot be used to pay lawyers. Justice Kerida Naidoo noted that the State could address any special circumstances through other means and, finding no evidence that Leen could fund his own trial, approved legal aid.

2024-10-14 · Kerry

Businessman enters guilty plea in relation to largest crystal meth haul in Irish history

Nathan McDonnell, a 44-year-old businessman from Ballyroe, Tralee, pleaded guilty before the Special Criminal Court to two charges related to the largest crystal methamphetamine seizure in Irish history. He admitted to importing methylamphetamine at Cork Port on October 16, 2023, and facilitating a criminal organisation between October 2023 and February 2024. The State alleges the 564kg haul, valued at €32.8 million, was imported from Mexico and destined for Australia. Roisin Lacey SC, for the DPP, requested a sentencing hearing for the week of December 16, a date accepted by defence counsel Caroline O'Connell BL. Mr Justice Tony Hunt, presiding with Judges Elma Sheahan and Marie Keane, remanded McDonnell in custody until December 17 for sentencing. Co-accused James Leen, 41, of Listowel, also appeared. Facing five charges, including directing a criminal organisation and possession of drugs, Leen's defence, led by Brendan Grehan SC, requested a trial date. Mr Justice Hunt allocated a trial date of October 6, 2025, and adjourned the matter to November 11 for mention.

2024-08-02 · Kerry

Business owner facing charges relating to largest ever meth haul gets legal aid

Nathan McDonnell, 44, a garden centre owner, has been granted legal aid by the Special Criminal Court for charges related to the largest ever crystal meth haul in the State. He appeared briefly to receive formal notice of trial before a three‑judge, non‑jury court, and the matter was adjourned to 14 October. His co‑accused, James Leen, 41, also appeared and was formally served notice of trial before the Special Criminal Court, with his custody remanded until 14 October. Leen faces five charges, including directing a criminal organisation's activities, importing crystal meth at Cork Port, and possessing the drug at Ballyseedy Garden Centre. McDonnell faces five charges, including possession of crystal meth at Cork Port and Ballyseedy Garden Centre, and an alleged participation in activities that could facilitate the importation, sale and supply of a controlled drug by a criminal organisation, contrary to the Criminal Justice Act 2006.

2024-07-31 · Kerry

Pair to face non-jury trial over biggest haul of crystal meth in State history

Two men, Nathan McDonnell, 44, and James Leen, 41, are charged with offences related to the largest crystal meth haul in Irish history. Their trials will be heard at the Special Criminal Court, a three‑judge, non‑jury court, following an application by the Director of Public Prosecutions. Mr Leen faces five charges, including directing a criminal organisation's activities between 7 February 2023 and 16 February 2024, importing crystal meth into Cork Port on 16 October 2023, and possessing the drug at Ballyseedy Garden Centre, Tralee, from 27 October 2023 to 12 February 2024, in breach of the Misuse of Drugs Act 1977. Mr McDonnell also faces five charges, including possession of crystal meth at Cork Port and Ballyseedy Garden Centre, and an alleged participation in activities that could facilitate the importation, sale and supply of a controlled drug by a criminal organisation, contrary to the Criminal Justice Act 2006. The court will hear the case later this week.

2023-12-19 · Cork

Coroner challenges decision that lands eligible for 'land hoarding tax'

Helen Lucey, Coroner for North Kerry, has filed a High Court challenge against An Bord Pleanala, the Minister for Housing and Local Government, and the Attorney General over the decision that lands in Tonafoa, Dunmanway, Co. Cork, are eligible for the Residential Zoned Land Tax (RZLT). Lucey inherited the lands from her late father and intended to seek planning permission to build houses or sell the land to a builder. A planning professional advised her that obtaining permission would be futile because Cork County Council is refusing all planning permissions in the Dunmanway area due to the local wastewater treatment plant's limited capacity. In March, the council added the lands to a map of RZLT sites, a decision Lucey appealed to An Bord Pleanala. The board dismissed her appeal and upheld the council's decision. Lucey now seeks judicial review, arguing the decision is unfair, unlawful, and irrational, and that the 2022 RZLT guidelines were issued without proper jurisdiction.

2022-11-02 · Kerry

'Better Supports' may have avoided death of woman bludgeoned with hatchet

In a Central Criminal Court hearing, Helen Sheehy, daughter of the victim, said the death of her mother Susan Dunne, who was bludgeoned with a hatchet by her autistic son Patrick Dunne, might have been avoided with better supports. She expressed hope that Patrick knows his mother still loves him and that he deserves help. Patrick Dunne, aged 28, was found not guilty by reason of insanity after a jury heard psychiatric evidence that he had little understanding of the act and was unable to refrain. The court ordered him to continue treatment at the Central Mental Hospital. The case involved six fatal hatchet wounds to Susan's head, with Patrick admitting to striking her without lawful justification. The trial highlighted the son's perception of control and his desire for independence. The court noted the tragic outcome and the need for ongoing support for Patrick.

2022-10-21 · Kerry

Autistic man who bludgeoned mother to death with hatchet not guilty of murder by reason of insanity

Patrick Dunne, a 28‑year‑old autistic man from Ballingeragh, Lixnaw, was found not guilty of murdering his mother Susan Dunne, aged 62, by reason of insanity. The Central Criminal Court heard that Dunne admitted killing his mother but denied it was murder, claiming he was unable to understand or control his actions on the night of 26–27 November 2013. Psychiatric evidence presented by both prosecution and defence psychiatrists agreed that Dunne was mentally disordered and incapable of appreciating the nature or consequences of his act. He had argued with his mother over an expensive iPhone, lost control, and struck her with a hatchet, causing six wounds to her head. The jury returned a special verdict of not guilty by reason of insanity, and Dunne was remanded to the Central Mental Hospital for a medical update and victim impact statement preparation. The case was described as difficult by the judge.

2022-10-18 · Kerry

Murder accused son said he 'lost it' after iPhone disagreement, insanity trial hears

Patrick Dunne, 28, admitted to killing his mother Susan Dunne, 62, on 26–27 November 2013, claiming he had no lawful justification. He said he had argued with her over an iPhone's price, became "out of control" and "lost it". He described striking her with a hatchet, stating it was accidental and not intended to harm. Forensic evidence found six hatchet wounds to her head, blood and hair matching Dunne, and a majority DNA profile for him. A pathology report confirmed multiple blows to the skull, brain swelling and laceration as the cause of death. Dunne was arrested in Listowel after leaving the family home, locking his mother's bedroom door and taking her social protection card. The case is before Ms Justice Mary Ellen Ring with a jury of five men and seven women.

2022-10-14 · Kerry

Man suffering with insanity killed mother with hatchet, murder trial hears

In a Central Criminal Court hearing, Patrick Dunne, aged 29 and autistic, admitted killing his mother Susan Dunne, 62, with a hatchet, inflicting five fatal blows to her head while she lay in bed. The prosecution and defence psychiatrists agreed he was insane as defined by law at the time of the murder. The trial, described as unusual, will focus on evidence of the assault, the hatchet found in the kitchen with Dunne's DNA, and the circumstances leading to the killing. The case also involves testimony about Dunne's routine of collecting her son's disability allowance and his unaccompanied driving. The jury will consider whether Dunne was not guilty by reason of insanity based on the psychiatric assessments. The trial will resume on Tuesday before Ms Justice Mary Ellen Ring and a jury of five men and seven women.

2018-12-03 · Kerry

"Justice not served": teleporter case "another example of victim blaming", family say

Michael Ferris, 63, was jailed for five years at the Central Criminal Court for manslaughter after repeatedly driving a teleporter into his neighbour Anthony O'Mahony, 73, during a long‑standing dispute over a noisy bird‑scaring device. The jury found Ferris not guilty of murder but guilty of manslaughter by a 10‑to‑two majority. At the sentence hearing, Justice Carmel Stewart imposed a six‑year prison term with one year suspended, back‑dated to the day of the offence. The judge cited Ferris's admission of guilt, his remorse, lack of prior convictions and his age as mitigating factors. The family of the deceased, led by niece Ann O'Carroll, expressed that they believed justice was not served, arguing the sentence was too lenient and that the case exemplified victim blaming in Irish courts. The judge noted the severity of the injuries inflicted and the impact on the victim's family.

2017-03-20 · Kerry

Kerry man loses bid to halt prosecution for cutting turf on protected bog

Christopher McCarthy, 29, of Kilbaha, Moyvane, Co Kerry, was charged with unauthorised turf‑cutting on Moanveanlagh Bog, a protected area outside Listowel. He and another man faced a High Court case that sought to halt their prosecution. The Court of Appeal, led by Mr Justice Garrett Sheehan, dismissed the appeal, ruling that the Minister had acted within his powers to create the offence under the Habitats Directive. The judges noted that the offence was necessary to enforce EU obligations and that criminal sanctions could be imposed by statutory instrument. McCarthy's counsel argued that only primary legislation could create such sanctions, a claim rejected by the court. The case remains at the Kerry Circuit Court, where the men are due to appear for the alleged extraction of peat, which could carry a maximum three‑year jail term or a fine up to €500,000.

2017-01-19 · Kerry

Kerry man brings appeal aimed at halting prosecution for cutting turf on protected bog

John O'Connor (53) and Christopher McCarthy (29) of Kilbaha, Moyvane, Co Kerry, are charged with unauthorised turf‑cutting on Moanveanlagh Bog, a designated Special Area of Conservation outside Listowel. They face a maximum sentence of three years' imprisonment or a fine up to €500,000. The offence was created by ministerial regulations transposing the European Communities (Birds and Natural Habitats) Regulations 2011 into Irish law. O'Connor's appeal, represented by Michael Lynn SC, argues that the Minister acted outside his powers and that criminal sanctions should arise only from primary legislation, not ministerial orders. Counsel for the State, Conor Power SC, countered that the Habitats Directive imposes a positive obligation on the State to take measures to conserve such sites. The Court of Appeal, presided over by Justice Garrett Sheehan, will decide the appeal after dismissing the men's earlier High Court case in 2015.

2016-07-12 · Dublin

"Pyramid scheme" accused told men they would double their investments, trial hears

In a Dublin Circuit Criminal Court trial, two Kerry men testified that Eamon Shield, 45, had promised them a 100% return on their investments within 60 days by flipping repossessed cars at a significant markup. The prosecution, led by Shane Costelloe SC, described Shield's scheme as a pyramid scheme, arguing that he merely attracted new investors to pay off earlier ones. Shield, who pleaded not guilty to 15 theft counts and 12 deception counts, allegedly stole €178,000 from 12 people between June 2011 and February 2012. The trial, which began on Monday, was delayed due to a juror issue and will continue before Judge Patricia Ryan and a new jury. The case is expected to run for two weeks. The defendants, David O'Grady and Malcolm Griffin, each invested €3,000, received only partial payments, and later complained to Gardaí in Listowel. The court has not yet delivered a verdict.

2015-10-16 · Kerry

Former Senator's election result challenge over ballot paper marking comes before Supreme Court

The Supreme Court has reserved judgement on a challenge by former Senator Dan Kiely, who contested the 2014 Kerry County Council election as an independent and lost the last seat by two votes. Kiely argues that ballots marked with a 3‑4‑5 sequence, without a number 1 preference, should not be considered valid. He claims that the returning officer in the Listowel area was entitled to accept such ballots, citing a Memorandum of Guidance that allows acceptance of ballots with a clear sequence of preferences when multiple elections occur on the same day. Kiely's petition was dismissed by the Circuit Court, a decision he appealed. The Supreme Court, hearing the case before five judges, noted that the issue could affect election outcomes and has reserved its decision. The case involves the validity of ballots marked 3‑4‑5 and the right of voters to see spoiled ballots before recounts. The court's ruling remains pending.

2015-05-18 · Kerry

Retrial ordered for one man jailed for life for body-in-bog murder after successful appeal

The Court of Appeal has ordered a retrial for John-Paul Cawley following his successful appeal against a murder conviction, while the appeal of Wenio Rodriguez Da Silva was dismissed. Both men had pleaded not guilty to the murder of Bruno Lemes De Sousa at Shronowen Bog, Listowel, between February 16 and 17, 2012. Cawley had also pleaded guilty to manslaughter, a plea not accepted by the prosecution. A jury at the Central Criminal Court found both men guilty of murder, and Mr Justice Garrett Sheehan sentenced them to mandatory life terms on May 22, 2013. The Court of Appeal, led by Mr Justice John Edwards, found that the trial judge erred in failing to adequately direct the jury on the onus of proof regarding the statutory presumption of intent. The court ruled that the prosecution bore the burden of proving beyond reasonable doubt that this presumption had not been rebutted, a point not sufficiently explained to the jury. Consequently, Cawley's conviction was quashed, and he was remanded in custody to appear before the next list to fix dates for his Central Criminal Court retrial. Da Silva's appeal was dismissed, and his life sentence remains in effect.

2015-03-02 · Kerry

Body-in-bog murderers bring appeal against conviction

John-Paul Cawley and Wenio Rodriguez Da Silva have brought appeals against their murder convictions in the Court of Appeal. Both men, who pleaded not guilty to the murder of Bruno Lemes De Sousa at Shronowen Bog, Listowel, between February 16 and 17, 2012, were found guilty by a jury at a Kerry sitting of the Central Criminal Court. They received mandatory life sentences from Mr Justice Garrett Sheehan on May 22, 2013. Cawley had previously pleaded guilty to manslaughter. Counsel for Da Silva, John B Peart SC, argued the jury should have been discharged against his client, alleging that Cawley's barrister prejudiced Da Silva by jokingly referring to him as a "short plank" during trial discussions. Counsel for Cawley, Anthony Sammon SC, submitted that the trial judge improperly charged the jury regarding the onus of proof. The Court of Appeal, presided over by Mr Justice Seán Ryan with Ms Justice Mary Finlay Geoghegan and Mr Justice John Edwards, reserved judgment to a date as soon as possible. The matter was adjourned.

2015-01-30 · Dublin

Award-winning poet who spent 12 years in jail for attempted murder spared prison over pharmacy robbery

Michael Fogarty, a 50‑year‑old Dublin drug addict and award‑winning poet, was spared a new prison term for robbing Hickey's Pharmacy in Tallaght on 2 March 2014. He pleaded guilty to stealing prescription tablets and about €100 cash. Fogarty had previously served 12 years for attempted murder in London. At the pharmacy he left a handwritten threat note, used a knife, and was stopped by a security guard before being taken to Tallaght Hospital where he was treated after swallowing a large quantity of the stolen tablets. His lawyers argued he was suicidal and had mental health difficulties that day. Judge Martin Nolan, noting Fogarty's prior 12‑year sentence, imposed a two‑year sentence and suspended it in total for two years. All recovered cash was returned. The case was heard in Dublin Circuit Criminal Court.

2015-01-16 · Kerry

Former company director gets community service for handling stolen dumper truck

Tom O'Connor, 47, former director of O'Connor Plant Hire & Ground Works, pleaded guilty in Dublin Circuit Criminal Court to handling a stolen Volvo A25D dumper truck in Brittas, Co. Dublin, between December 2009 and April 2010. He admitted possession of the vehicle, which had its chassis, VIN and engine numbers altered, but denied involvement in its theft or cloning. O'Connor had five prior convictions, including a 2011 offence for possessing a stolen John Deere tractor. He resigned as director in 2013 and was declared bankrupt in 2012. Judge Desmond Hogan imposed a four‑year sentence, suspended in full for five years, and ordered O'Connor to complete 240 hours of community service and to keep the peace for five years. The judge noted O'Connor's moderate risk of re‑offending but accepted that he had not participated in stealing the truck. The case was prosecuted by Gerardine Small BL and defended by Tony McGillicuddy BL.

2014-10-30 · Kerry

Former Director of Kerry plant hire company pleads guilty to handling stolen dumper

Tom O'Connor, 47, former director of O'Connor Plant Hire & Ground Works in Listowel, pleaded guilty at Dublin Circuit Criminal Court to handling a stolen Volvo A25D dumper truck that had been stolen from a quarry in Scotland. He admitted buying the truck in Holland for €62,500 and selling it to a buyer, but denied involvement in the vehicle's cloning or theft. O'Connor had five prior convictions, including possession of a stolen John Deere tractor in 2009, and had resigned as director in 2013 to protect the company's reputation. He was declared bankrupt in 2012 and is now unemployed and on social welfare. Judge Desmond Hogan remanded him on continuing bail pending sentencing, ordered a probation report, and noted his health issues. The court heard that the truck's chassis number had been altered and that O'Connor had no part in the alteration. The insurance company paid £75,000 for the vehicle. The case remains pending sentencing.