Court archive

Court reports mentioning Kerry

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.

2024-07-30 · Kerry

'Butchered' dad-of-seven's last act to tell wife to save herself, court hears as five life sentences handed down

Ms Justice Mary Ellen Ring handed down five life sentences at the Central Criminal Court to family members convicted of murdering Thomas Dooley at Rath Cemetery, Rathass, Tralee, Co Kerry, on October 5, 2022. The defendants, including Patrick Dooley, Thomas Dooley Senior, Thomas Dooley Junior, Michael Dooley, and Daniel Dooley, had all pleaded not guilty to the murder charge. The judge described the killing as an "honour killing" involving "medieval violence" and noted that no explanation for the death had been proffered. Thomas Dooley Junior was additionally found guilty of assault causing harm to Siobhán Dooley. He was sentenced to four-and-a-half years for this offence, backdated from his custody on November 16, 2022, with the term running concurrently to his life sentence. The life sentences for the five adults were backdated to their respective custody dates. A sixth defendant, a male teenager, was not sentenced today as he is expected to seek a judicial review; his matter was adjourned for a mention on October 29. The court heard a victim impact statement from Siobhán Dooley, who stated her husband's last act was telling her to run to save herself. The judge emphasized that the only innocents were the victim, his wife, and their children.

2024-07-25 · Kerry

All six defendants now guilty of murder in 'macabre provincial tragedy' of Kerry funeral 'honour killing'

The Central Criminal Court has convicted all six defendants of the murder of Thomas Dooley, a 42-year-old father of seven, who was killed during a funeral at Rath Cemetery in Tralee, Co Kerry, on October 5, 2022. The jury, comprising ten men and two women, returned guilty verdicts after five days of deliberation. Daniel Dooley (42), the final defendant to be dealt with, was convicted by a majority verdict of 11-1 after pleading not guilty. He protested his innocence upon hearing the verdict. The other five defendants—Michael Dooley (29), Patrick Dooley (36), Thomas Dooley Senior (43), Thomas Dooley Junior (21), and a male teenager—were previously convicted unanimously, having also pleaded not guilty. The prosecution alleged the group acted in a joint enterprise to commit an "honour killing" using bladed weapons. Thomas Dooley Junior was additionally convicted of assault causing harm to the victim's wife, Siobhán Dooley, who sustained a shoulder wound requiring stitches. Ms Justice Mary Ellen Ring remanded the five adult defendants in custody until July 30, when she is expected to impose the mandatory life sentence for murder. The male teenager will not be sentenced on that date, as he is seeking a judicial review, and will appear for a mention on October 29. The judge exempted the jurors from service for 15 years.

2024-07-23 · Kerry

Man proclaims himself 'innocent' after jury convicts him of Kerry funeral 'honour killing'

At the Central Criminal Court, a jury returned unanimous guilty verdicts against five of six defendants charged with the murder of Thomas Dooley at Rath Cemetery, Tralee, on October 5, 2022. Michael Dooley, 29, of Cork, was found guilty of murder after pleading not guilty; he publicly declared his innocence in the courtroom. The jury also convicted Patrick Dooley, 36, of Killarney; Thomas Dooley Senior, 43, of Cork; and Thomas Dooley Junior, 21, of Cork, all of whom had pleaded not guilty. Thomas Dooley Junior was additionally convicted of assault causing harm to Siobhán Dooley, a charge he also denied. The prosecution alleged the group acted with "medieval violence" using bladed weapons, causing fatal injuries including a severed femoral artery. The matter regarding the sixth defendant, Daniel Dooley, 42, of Tralee, who pleaded not guilty to murder, remains pending. The jury was adjourned to continue deliberations on Thursday, as the court could not sit the following day. No sentences have been imposed, and the trial is not concluded.

2024-07-19 · Kerry

'Biblical atrocity': jury convicts man of murdering own brother in 'honour killing' at Kerry funeral

Patrick Dooley, aged 36, was found guilty of murdering his older brother Thomas 'Tom' Dooley, aged 42, during a funeral at Rath Cemetery, Rathass, Tralee, Co Kerry on 5 October 2022. The jury rejected his defence that he was not a "Cainite" and had tried to intervene. He was convicted of murder, and the court also found his cousin and brother‑in‑law Thomas Dooley Senior, aged 43, and Thomas Dooley Junior, aged 21, guilty of the same offence. Thomas Dooley Junior was additionally found guilty of assault causing harm to Siobhán Dooley, the widow, who sustained a wound requiring 45 stitches and 30 staples. All defendants pleaded not guilty. The verdicts were unanimous and were reached after 12 hours and 26 minutes of deliberation over three days. The jury will return to decide on the remaining two defendants, Michael Dooley, aged 29, and Daniel Dooley, aged 42, who also pleaded not guilty.

2024-07-18 · Cork

Jury convicts two men and teenager of murdering dad-of-seven at Kerry funeral

A Central Criminal Court jury has returned guilty verdicts against three defendants in the murder of Thomas 'Tom' Dooley, a father-of-seven, at Rath Cemetery in Tralee, Co Kerry, on October 5, 2022. The unanimous jury found Thomas Dooley Senior (43) and his son, Thomas Dooley Junior (21), both of Cork, guilty of murder. All three convicted individuals had previously pleaded not guilty. Thomas Dooley Junior was additionally convicted of assault causing harm to the deceased's wife, Siobhán Dooley, who sustained a shoulder wound requiring 45 stitches and 30 staples. The prosecution alleged the victim was attacked by a group armed with bladed weapons, resulting in fatal injuries including a severed femoral artery. The jury's deliberations took over eight hours across two days. The matter remains ongoing as the jury is scheduled to return to court to consider verdicts for the remaining three defendants: Patrick Dooley (36), Michael Dooley (29), and Daniel Dooley (42). These three men, who are also charged with murder and have pleaded not guilty, await their findings. The trial is currently at the finding stage for the first group of defendants, with sentencing yet to be determined.

2024-07-17 · Kerry

'Over to you': Jury begin deliberating in Kerry funeral 'honour killing' trial

A jury has begun deliberating in the Central Criminal Court trial of six men accused of murdering Thomas 'Tom' Dooley, 43, at Rath Cemetery in Tralee, Co Kerry, on October 5, 2022. The accused are Patrick Dooley, Thomas Dooley Senior, Thomas Dooley Junior, Michael Dooley, Daniel Dooley, and a male teenager. All six pleaded not guilty to the murder charge. Thomas Dooley Junior additionally pleaded not guilty to a separate charge of assault causing harm to Siobhán Dooley. The prosecution alleges the group acted with 'focused and murderous ferocity' using bladed weapons, resulting in fatal injuries to the deceased. Ms Justice Mary Ellen Ring charged the 12-member jury, instructing them that if they are satisfied each accused knew their co-accused carried weapons and participated in the attack, they are guilty of murder under the doctrine of joint enterprise. The judge noted that while no specific weapon was linked to an individual accused, a machete was found and injuries were consistent with bladed instruments. The jury was asked to reach a unanimous verdict, with options limited to guilty of murder or outright acquittal. The matter is currently at the deliberation stage and has not yet been finalised.

2024-07-10 · Kerry

Judge charges jury in Kerry funeral 'honour killing' trial

In the trial of six accused men and a teenager for the murder of Thomas 'Tom' Dooley, Judge Mary Ellen Ring charged the jury that if any defendant knew co‑accused carried a bladed weapon and participated in the attack, they are guilty of murder. The State alleged Dooley, aged 43, was violently attacked at a funeral in Tralee on 5 October 2022, suffering four stab wounds, one severing the femoral artery. The accused – Patrick Dooley (36), Thomas Dooley Senior (43), Thomas Dooley Junior (21), Michael Dooley (29), Daniel Dooley (42) and a teenager – all pleaded not guilty. Dooley Junior also faced an assault charge for injuring his wife, Siobhán, who required 45 stitches. The judge emphasized the presumption of innocence, the need for proof beyond reasonable doubt, and the doctrine of joint enterprise, noting no weapon was found linking any defendant to the death. The trial will resume with a reduced jury.

2024-07-05 · Kerry

Brother accused of 'biblical atrocity' by murdering older sibling is 'no Cainite', defence lawyers tell jury

At the Central Criminal Court sitting in Cork, the trial of six men accused of murdering Thomas 'Tom' Dooley at Rath Cemetery, Tralee, on October 5, 2022, is ongoing. All defendants, including Patrick Dooley, Thomas Dooley Senior, Thomas Dooley Junior, Michael Dooley, Daniel Dooley, and a teenager, have pleaded not guilty. Thomas Dooley Junior is additionally charged with assault causing serious harm to Siobhán Dooley, to which he also pleaded not guilty. The prosecution alleged the group committed an 'honour killing' using bladed weapons, resulting in fatal injuries to the deceased. In closing addresses, defence counsel for Patrick Dooley argued his client was attempting to save his brother rather than attack him, rejecting the 'Cainite' label. Counsel for Daniel Dooley highlighted the lack of forensic evidence linking his client to the crime. The matter was adjourned to Monday for further closing addresses.

2024-07-04 · Kerry

'Biblical atrocity': Funeral 'honour killing' as 'tragic as it was stupid', State tells murder trial jury

In a Central Criminal Court hearing in Cork, the Director of Public Prosecutions' counsel, Dean Kelly SC, presented the State's case against six men accused of murdering Thomas 'Tom' Dooley, 43, during a funeral in Tralee on 5 October 2022. Kelly described the attack as a "biblical atrocity" and an "honour killing" triggered by a broken teenage relationship. He detailed that Dooley suffered four stab wounds, one severing the femoral artery, and a chop wound to the arm, leading to fatal blood loss. The accused, including Patrick Dooley (36), Thomas Dooley Senior (43), Thomas Dooley Junior (21), Michael Dooley (29), Daniel Dooley (42) and a teenager, all pleaded not guilty. Kelly argued the case rested on joint enterprise, noting the weapons were brought to the cemetery and the assault was carried out with "absolute ferocity" in seconds. He urged the jury to focus on the evidence presented. The trial continues with defence counsel's closing speech scheduled for the following day.

2024-07-03 · Limerick

Row over ownership of €1m in Limerick farmlands comes before High Court

In a High Court case in Limerick, Westglade Unlimited Company and Timothy Carroll, who bought farmland at Ballycullane, Kilmallock, for €1m from a receiver appointed by Everyday Finance DAC, claim that former owners William and Anna Kennedy still occupy the land and keep horses there. The plaintiffs say the Kennedys refuse to give up vacant possession and have threatened them, saying the next person to unlock the gate will be shot. They also allege that the Kennedys blocked access with vehicles and posted a "No unauthorised person allowed" sign. The plaintiffs had previously offered a goodwill payment of about €275,000, but the Kennedys' actions have prevented any settlement. They seek injunctions to stop the Kennedys from occupying the land and to remove a lis pendens registered over the property. The case was heard by Mr Justice Mark Sanfey, who granted the plaintiffs permission to serve short notice of the proceedings and will hear the matter again next week.

2024-07-01 · Tipperary

Kerry GAA claims Minister's refusal over investment scheme jeopardises €38m in donations

Kerry GAA has filed a High Court challenge against the Minister for Justice's refusal to include the sports body in the now-defunct Immigrant Investor Programme, arguing that the decision endangers more than €38 million in donations. The Gaelic games organisation contends that the refusal will jeopardise at least €27 million already committed to redeveloping FitzGerald Stadium in Killarney and an additional €11.6 million in new donations it has identified. Kerry GAA says it had submitted two parts of its development proposals—one for a Centre of Excellence and another for the stadium—before the scheme was scrapped in February 2023. The Minister's decision, made on 24 January, rejected the stadium application on the grounds that "no valid investor application was submitted" and that the investor must be new, not one already linked to another project.

2024-06-25 · Kerry

Bid to prevent Dail vote on EU migration pact would breach separation of powers, judge finds

The High Court has dismissed an application by Michelle Keane seeking an injunction to prevent the Dáil from voting on the implementation of the EU Migration and Asylum Pact. Mr Justice David Nolan found the bid was bound to fail as granting such an order would breach the separation of powers between the courts, the Oireachtas, and the government. The judge noted that Keane, who represented herself, alleged the pact was unconstitutional and would override Irish sovereignty, claiming it would force Ireland to accept 30,000 asylum seekers. He described her concerns regarding crime and safety as offensive and unsupported by evidence, noting her submissions were based on hearsay. The court also heard that a similar action by barrister Una McGurk had been deemed not properly issued and could not be dealt with. The judge held that the adoption of the pact was permitted under Article 28.4.7 of the Constitution, which was approved in the 2009 Lisbon Treaty vote. Consequently, the application was dismissed, and costs were awarded to the defendants, the Irish Government and Attorney General Rossa Fanning SC. Keane stated she intends to appeal the decision. The Dáil vote on the pact was scheduled for Tuesday evening, following the Seanad's prior approval.

2024-05-29 · Kerry

Family members plead not guilty to Rathass Cemetery murder

At a Cork sitting of the Central Criminal Court, five family members and a teenager pleaded not guilty to the murder of Thomas 'Tom' Dooley, 43, during a funeral at Rath Cemetery, Rathass, Tralee, on 5 October 2022. The accused include Patrick Dooley (36), Thomas Dooley Senior (43), Thomas Dooley Junior (21), Michael Dooley (29), Daniel Dooley (42) and an unnamed teenager. Thomas Dooley Junior is also charged with assault causing serious harm to Dooley's wife, Siobhán. The trial may last over two months, potentially until 31 July, and is expected to start next week.

2024-05-17 · Kerry

Businessman charged in connection with largest meth seizure in Irish history to remain in custody

Nathan McDonnell, a 43‑year‑old businessman from Ballyroe, Tralee, was charged with possessing more than €13,000 worth of crystal meth for sale or supply under Section 15A of the Misuse of Drugs Act. The alleged offence took place at Ballyseedy Garden Centre between 27 October 2023 and 12 February 2024. McDonnell was arrested after a joint Gardaí and Revenue operation seized 564 kg of methamphetamine, valued at €32.8 million, from a container at Cork Port on 16 February. The drugs were said to have been imported from Mexico, stored at the garden centre, then transported to Cork for export to Australia. He was denied bail in the High Court in April and appealed to the Court of Appeal, which also refused bail because of the high value of the drugs. McDonnell remains in custody awaiting the serving of a book of evidence. If convicted, he faces a minimum of ten years in prison.

2024-04-25 · Kerry

Worker's claim of racial discrimination over alleged 'Kung Fu' remark is rejected

In a decision by the Workplace Relations Commission, Dara Deasy's claim that a hotel general manager racially harassed him by asking if he "knew Kung Fu" after learning of his Chinese heritage was rejected. Deasy, who worked part‑time at the Brandon Hotel from 31 March to 5 August 2023, alleged that manager Stephen Quinn used a "racial slur" and mocked him after Deasy tasted spring rolls on 8 June 2023. Quinn testified that he had simply asked Deasy about his knowledge of the cuisine and denied any discriminatory intent, describing the remarks as a compliment. The adjudicating officer found no evidence that Deasy was met by a racial slur during his employment, citing Deasy's vague recollections and the manager's denial. The tribunal therefore dismissed the complaint under the Employment Equality Act 1998. The decision noted that Deasy had been dismissed for performance issues and had not appealed the dismissal. The case was closed with no further action.

2024-04-16 · Kerry

Dispute between Italian firm and Irish jeweller after breakdown of alleged romantic relationship is resolved

In a High Court case, World Diamond Group SPA (WDG) sued Irish jeweller Shuwan Li, trading as Empress Fine Jewels, over a €585,000 consignment of gemstones that Li allegedly refused to return. WDG claimed the dispute stemmed from payment issues, not from the end of a romantic relationship between WDG's CEO, Giuliano Castrenze, and Li. Li counter‑claimed that the action was motivated by the breakup of their alleged four‑year relationship, which she said had left her unable to trade. Both parties denied wrongdoing. After out‑of‑court talks, the parties agreed to adjourn the case for three weeks with the injunction in place, and to return to court in January. The injunction remains, preventing Li from selling or disposing of the goods. The case is now scheduled for a further adjournment to next month's hearing.

2024-03-21 · Dublin

Alleged romance breakdown led Italian company to seek €585k jewel injunction, High Court hears

The High Court heard that World Diamond Group SPA (WDG) sought an injunction against Shuwan Li, trading as Empress Fine Jewels, alleging her refusal to return a consignment of goods worth €585,000. WDG, represented by Barney Quirke SC, claimed the commercial relationship broke down after the defendants allegedly owed large sums for supplied goods. The plaintiff's CEO, Castrenze Giuliano, accepted an intimate relationship with Ms. Li existed but maintained the proceedings were strictly commercial, not related to the relationship's end. Ms. Li, represented by Peter Shanley BL, strongly rejected wrongdoing, arguing the action was motivated by the end of a four-year romantic relationship and that the injunction would prejudice her business, as the goods constitute 40% of her stock. WDG also sought an order for 77 items of jewellery to be held by an independent stakeholder, alleging threats during a store inspection. Mr Justice David Nolan refused both applications to vacate the injunction or order the stakeholder arrangement, citing insufficient financial information from the defendants and concerns over the inspection allegations. He determined the existing temporary injunction sufficiently protected WDG's position, noting any breach would constitute contempt. The judge emphasized he was not making a final determination on the complex dispute. The matter was adjourned to a date in April.

2024-03-15 · Kerry

Italian company seeks return of over €500k in jewels

An Italian diamond distributor, World Diamond Group SPA, obtained a temporary High Court injunction against Shuwan Li, trading as Empress Fine Jewels, to stop the sale or distribution of over €500,000 worth of jewels. The injunction was granted ex‑parte by Mr Justice David Nolan after the parties' commercial relationship collapsed. WDG alleges Li failed to return a consignment valued at €585,000 and that the defendants owe large sums for goods supplied. The court heard that negotiations had taken place, but WDG was concerned about the repayment method and ended the relationship, demanding the return of the goods. WDG seeks an order for the return of the consignment, damages, a declaration of ownership, and a separate €155,000 judgment for other goods. The defendants have disputed the debt amount and the deadlines for return, and the case will return to the High Court next week.

2024-03-08 · Kerry

Landmark decision as High Court finds wind farm noise constitutes nuisance

In a landmark High Court ruling, Justice Emily Egan held that the noise from the Ballyduff Windfarm at Kilcomb, near Enniscorthy, constitutes an unreasonable interference and therefore a nuisance to neighbouring residents. The decision, the first private nuisance claim against wind turbine noise in Ireland or the UK, found that the sustained periods of high‑level noise, especially in the evenings, weekends and early mornings, substantially interfered with the plaintiffs' enjoyment of their homes. The plaintiffs, Margret Webster and Keith Rollo, and Ross Shorten and Joan Carty, sued Meenacloghspar (Wind) Limited for damages, alleging the noise had damaged their lives, health and property values. The court rejected the defendant's claims of negligence and of non‑breach of planning conditions, and directed the parties to re‑engage in mediation to seek proportionate mitigation measures. The case will proceed to a second module to determine damages and possible injunctions. The hearing lasted 51 days and the costs are estimated above €1 million.

2024-02-27 · Kerry

'Not a potential killer or hitman': man jailed for conspiracy to buy handgun

David Hackman, 24, was jailed for four and a half years after pleading guilty to conspiracy to purchase a firearm in suspicious circumstances between 31 March and 28 May 2019. Gardaí observed a silver Ford Focus near a Spar in Waterville, Dublin 15, where Hackman and three other occupants, including his mother, were found. A search revealed a 9mm firearm, orange latex gloves, and evidence of a €4,000 cash transaction between Hackman and his mother. Hackman's mother was charged but the case against her was dropped following his guilty plea. Hackman has prior convictions for assault and drug possession. The court noted his youth, addiction issues, and the mitigating circumstances of his background, and rejected a post‑release drug treatment condition. The sentence reflects the offence's mid‑range sentencing guidelines of seven to ten years.

2024-02-07 · Ireland

Injunction sought over proposed share agreement in Walls Construction holding company

McSorley Investments Limited, holding about 20% of Walls Construction Holding Limited (WCHL), has applied to the High Court for an injunction to stop WCHL and several board members from approving a proposed Growth Share Scheme at the next board meeting. The claim argues that the scheme would dilute and oppress McSorley's interests and that it contravenes the 2015 Subscription and Shareholders Agreement, which requires all parties' consent for new share issues. McSorley also seeks an order preventing any other share‑issuing scheme without its approval and, if necessary, the cancellation of any scheme implemented without consent. The court, hearing the case ex‑parte, granted McSorley permission to serve short notice of the injunctions and adjourned the matter for a week. The dispute centres on the proposed allocation of a large volume of shares to new management, raising concerns about fairness, tax implications and potential dilution of existing shareholders' stakes.

2024-02-06 · Dublin

Ryanair 'unreservedly' apologises" to quantity surveyor wrongly banned from flying

In the High Court, Ryanair unreservedly apologised to Eoin Michael Cahill, a quantity surveyor, after incorrectly banning him from flying and writing to his employer identifying him as a disruptive passenger. Mr Justice Rory Mulcahy was informed that the airline accepted Mr Cahill was mistakenly identified as a passenger involved in an altercation with staff on January 2nd. Ryanair, represented by Martin Hayden SC, stated the ban has been withdrawn and offered to correct the record with Mr Cahill's employer, the Jones Engineering Group. The airline proposed paying €10,000 in compensation plus legal costs. Mr Cahill, represented by Paul O'Higgins SC and solicitor CW Ashe, had sought an injunction to lift the ban and correct the defamation, along with damages. He claimed the false allegations threatened his professional reputation, particularly as he travels between Ireland and Denmark for work. Ryanair had previously argued Mr Cahill did not allow sufficient time for an investigation, but the court found the airline had known of the complaint for some time. Mr Justice Mulcahy ordered Ryanair to pay Mr Cahill's legal costs for the injunction proceedings. The matter was effectively resolved through the airline's apology and offer of amends, with the court addressing the costs of the pretrial application.

2024-01-30 · Dublin

Quantity Surveyor sues Ryanair over being 'wrongly' banned from flying

Eoin Michael Cahill, a quantity surveyor, has filed a High Court claim against Ryanair, alleging defamation and an unjust travel ban. Cahill asserts that Ryanair accused him of disruptive behaviour on a flight he did not take and that an email sent to his employer on January 3, 2024, falsely claimed he was disruptive on a Dublin Airport journey. He says the airline's ban prevents him from travelling to Denmark for work and threatens his professional reputation. Cahill has requested details of the alleged behaviour, a correction to the employer, and lifting of the ban. Ryanair initially considered reversing the ban but later asked for time to investigate. Cahill's lawyers seek damages, injunctions against further defamation, and an order preventing Ryanair from maintaining the ban during the trial. The case is set to return to court in early February.

2024-01-24 · Kerry

Fund seeks orders requiring alleged trespassers to vacate Kerry home

A financial fund, Mars Capital Finance Ireland Designated Activity Company, has applied to the High Court for an injunction to order several alleged trespassers to vacate a property at Rosehill Avenue, Firies, Co Kerry. The fund claims that in September last year attempts to take possession of the property were thwarted by the presence of several known and unknown individuals, including defendants Martina Moriarty, Sinead O'Connor, Brian McCarthy, Colman McCarthy, Donal O'Sullivan and others. Ms O'Connor, the only defendant to appear, maintains she has a valid tenancy and disputes all claims. Mars seeks a swift determination, arguing that Ms O'Connor's separate proceedings are intended to delay the injunction. The judge has set a timetable for document exchange and will hear the case again early next month. The property was subject to a 2007 mortgage, possession proceedings were initiated in 2016, and a possession order was granted in 2018.

2024-01-18 · Dublin

Burglar with 235 previous convictions is jailed for string of offences

Craig Ryan, 35, of Killarney Court, Dublin, pleaded guilty to five separate burglary offences dating from 2014 to 2023. He was sentenced by Judge Martin Nolan at Dublin Circuit Court to five years' imprisonment. The offences involved ransacking offices and stealing expensive equipment from businesses in Dublin, including a florist in Monkstown, a photographer's office on Burgh Quay, a car on Strand Street, a building on Arran Quay, and a convenience store on Cabra Road. Ryan's 235 previous convictions include theft and criminal damage. He cooperated with Gardaí, and no violence was involved. The judge noted his long history of offending and addiction challenges, but also his cooperation and lack of violence. Ryan is currently in custody and has shown remorse and engagement with treatment services.

2024-01-16 · Kerry

Provisional liquidators appointed to Glenbeigh Construction

The High Court has appointed Mr Dessie Morrow and Mr Diarmaid Guthrie of Azets Ireland as joint provisional liquidators for Glenbeigh Construction Limited, a building company with 33 direct employees and many subcontractors. The firm is currently working on projects at Dublin Airport, two prisons, and a 100‑plus apartment development in South Dublin. It has six active projects, including a €36m contract at Dundrum Town Centre and works at Arbour Hill and Mountjoy Prisons, Terminal One at Dublin Airport, Northbank House, and Clarehaven & Seanchara Nursing Home. Glenbeigh has become insolvent after significant losses caused by Covid‑19‑related delays and rising labour and material costs, making several fixed‑price contracts loss‑making. The company had planned a €13m project in Killiney, expecting a €1m profit, but now anticipates a €1.2m loss. The liquidators are tasked with securing assets and ensuring an orderly winding up for creditors and employees. The case was adjourned to February.

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.

2023-11-30 · Kerry

Woman who said receiver was trying to sell apartment after mortgage was paid resolves action

Elizabeth Theresa Mansfield, a retired nurse and full‑time carer, brought a High Court action against Pepper Finance Corporation (Ireland) DAC, its receiver Sharon Barrett of Kroll Advisory, and auctioneer Ger Carmody Auctioneers, claiming that the receiver was attempting to sell her fully paid apartment at Kings Court Apartments, Manor West, Tralee, Co Kerry. Mansfield said she had repaid the €82,000 mortgage in full in early November after retiring, yet the receiver had not withdrawn the property from sale and had failed to engage with her. She also alleged she was owed €13,000 from rental income and that the management company had not communicated with her. The case was resolved after settlement: the property would no longer be sold, the receiver discharged, and Pepper would receive rental income. The High Court struck out the proceedings, praising the parties' efforts for a sensible resolution.

2023-11-24 · Kerry

Bus Eireann ordered to pay Traveller women discriminated against on local trip

The Workplace Relations Commission ordered Bus Éireann to pay €1,250 in compensation to Elizabeth Burke and Annie Burke for discrimination. The adjudicating officer upheld Equal Status Act complaints alleging the women, members of the Traveller community, were subjected to aggressive behaviour by driver Richard Robinson after a bus pass incident in Killarney. Ms. Burke claimed she accidentally used her husband's pass, while Ms. Burke stated the driver threatened to call Gardaí. Mr. Robinson denied discrimination, claiming he was respectful and would not know if a passenger was Traveller. Adjudicator David James Murphy found this statement damaged the driver's credibility, noting that distinct accents are common in the Traveller community and that a frontline worker in the south-west would likely be aware of this. The officer accepted the complainants' accounts over the driver's. Elizabeth Burke was awarded €500, and Annie Burke was awarded €750, with the latter sum reflecting that she was the party shouted at. Karen Tess of Mannix & Co LLP represented the applicants, while Hugh Hannon appeared for Bus Éireann. The matter was concluded with this final decision and compensation order.

2023-11-09 · Dublin

Couple claim hotel they say is family home was sold in breach of human rights

In an appeal-stage matter before the High Court, Patrick Halpin and Ann Keane, operators of Aberdeen Lodge Hotel in Sandymount, Dublin 4, alleged that the sale of the property by Everyday Finance DAC to Stairway Property Company Ltd under the 1881 Conveyancing Act was unconstitutional and breached the European Convention on Human Rights. The couple, represented by John Kennedy SC and Peter McKenna BL, instructed by solicitor Eugene Carley, sought declarations that the sale was null and void and that the property constitutes their family home. Stairway, represented by Padraic Lyons SC, disputed the family home claim and initiated separate proceedings seeking an injunction for possession, alleging the couple's action was an abuse of process. The State, represented by Brian Conroy SC, and Everyday Finance, which stated it did not understand why it was sued and sought to be let out of the action, also participated. Mr Justice Mark Sanfey agreed to establish a timetable for the exchange of legal documents in both actions. The matter was adjourned and will be next mentioned before the court later this month. The property has been subject to lengthy legal proceedings regarding possession, following the sale of an alleged €24m debt to IBRC to Kenmare Property Finance and subsequently to Everyday Finance.

2023-11-03 · Dublin

Fresh actions in 'long and storied' D4 hotel case

Fresh High Court proceedings concerning the Aberdeen Lodge hotel in Dublin 4 were heard before Mr Justice David Nolan. Stairway Property Company Limited, which claims to have purchased the property from Everyday Finance, is seeking possession orders against Patrick Halpin, Ann Keane, and related entities, including Elektron Holdings Limited and Madison Manor Limited. Conversely, Halpin, Keane, and Elektron have initiated separate proceedings against Stairway, Everyday Finance, Ireland, and the Attorney General. They seek a declaration that the property is their family home and aim to challenge part of the Conveyance Act. Stairway's counsel, Padraic Lyons SC, described these actions as an abuse of process intended to delay lawful possession. Stairway also seeks declarations confirming its ownership and has moved for directions on document exchange to expedite the determination of the opposing action. The court noted the property's history of litigation, including previous High Court, Court of Appeal, and Supreme Court battles over repossession, and the appointment of receivers following an alleged €24m debt to IBRC, which was subsequently sold to Kenmare Property Finance and then Everyday Finance. After considering submissions, Mr Justice Nolan granted Stairway ex-parte permission to serve short notice of its applications. The matter was adjourned to a date later this month.

2023-11-02 · Kerry

Jail for man who repeatedly punched and threatened to 'slice up' woman in her own home

A 43‑year‑old man, Neilus Cooney, was sentenced to two and a half years in prison for repeatedly punching a woman in her own home and threatening to slice and kill her. He also threatened to kill two Gardaí who came to the woman's aid after she fled and called for help. Cooney, who was armed with scissors, threatened a Sergeant from the Emergency Response Unit and claimed to have a firearm. He pleaded guilty to assault, causing harm, and threatening to kill the woman and a Garda. The judge imposed a headline sentence of four years, reduced to three years with six months suspended, and ordered him to keep the peace, undergo probation supervision for one year, and attend addiction services. The court noted his significant medical issues, remorse, and early plea as mitigating factors. The case was heard at Dublin Circuit Criminal Court.

2023-10-31 · Galway

Former hotelier fails in second bid to overturn conviction for rape of employee (17)

Brian Shaughnessy, a former hotelier, has failed in his second appeal to overturn his conviction for raping a 17-year-old part-time employee in the presidential suite of the Loughrea Hotel and Spa in July 2010. Shaughnessy was convicted by a jury in March 2013 and sentenced to six years, with one year suspended. His initial appeal was rejected in April 2020, but the case was sent back to the Court of Appeal following a Supreme Court ruling. In his appeal, Shaughnessy claimed that his legal team did not adequately represent him and that a timeline, potentially containing a missing hour and 15 minutes, was not properly addressed in cross-examination. He also alleged that the timeline was only mentioned in a defence speech to the jury. His former legal team denied any claims of incompetence. At the second appeal hearing, Shaughnessy claimed he provided critical documents to his legal team, including key card and phone records, which he said were not used in the trial. However, the Court of Appeal President, Mr Justice George Birmingham, dismissed the appeal, stating that the court was not persuaded that the trial was unfair or that the legal team's performance rendered the conviction unsafe. The court noted that Shaughnessy had not provided a specific account of the time spent in the suite and that the significance of the timeline was diminished due to the lack of a clear alternative explanation. The matter was adjourned and never described as concluded or finalised.

2023-10-25 · Dublin

Community Service for man who used false documents to gain citizenship

Monday Augustine, 52, a devoted member of the Christ Life Church in Dublin, pleaded guilty to using false documents to obtain asylum and later Irish citizenship. He originally arrived in Ireland in 2002 as a Nigerian, claiming to be a Liberian named John Augustine Sawyeer, and used a falsified Liberian birth certificate to marry an Irish citizen in 2004, apply for citizenship in 2007, and obtain a passport in 2009. After a religious experience in 2018, he wrote to the Irish Naturalisation and Immigration Services in October 2019 confessing the fraud and revealing his true name, Monday Augustine. The court, noting his long community involvement and low risk of reoffending, ordered him to complete 240 hours of community service within two years in lieu of an 18‑month prison term. He has no prior convictions and has worked steadily in Ireland for over 20 years, earning €482 per week after tax.

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.

2023-07-26 · Kerry

Kerry pimp to stay behind bars as rape conviction upheld

Emmet O'Connor, a 30-year-old man from Co. Kerry, has been ordered to remain in custody after the Court of Appeal dismissed his appeal against convictions for rape, organising prostitution, and intimidating a witness. In December 2020, a jury at the Central Criminal Court unanimously found O'Connor guilty of two counts of rape, organising prostitution, and intimidating a witness by sending graphic Snapchat messages to the complainant. He had denied all charges. In April 2021, Mr Justice Michael White sentenced O'Connor to eight years' imprisonment for rape and anal rape, to two years for organising prostitution – to run consecutively with the rape sentences – and to another consecutive year for the intimidation offence. Ms Justice Tara Burns, presiding over the appeal, rejected O'Connor's arguments regarding the admissibility of 'recent complaint' evidence from the victim's sister and a Ruhama counsellor, finding no prejudicial effect. The court also dismissed claims of unfairness concerning late forensic analysis of the complainant's clothing, noting the defence could have sought its own expert. Furthermore, the appeal against the intimidation conviction was rejected, with the court affirming that the trial judge properly directed the jury on the requisite intent. The Court of Appeal upheld all convictions, meaning O'Connor must serve his effective sentence.

2023-07-18 · Dublin

Man who confessed to asylum fraud to be assessed for community service

Monday Augustine, 52, admitted to using false documents to secure asylum and citizenship in Ireland. He first arrived in 2002 as a Nigerian, claiming to be Liberian and using the name John Augustine Sawyeer. He married an Irish citizen in 2004, obtained citizenship in 2008, and later used a falsified Liberian birth certificate to acquire an Irish passport in 2009 and again in 2019. In October 2019 he wrote to the Irish Naturalisation and Immigration Services confessing the fraud and revealing his true name, Monday Augustine. He was arrested after a meeting with Gardaí and pleaded guilty. The court noted his long-term community involvement, employment, and religious devotion, and directed the Probation Service to assess him for a community service order in lieu of an 18‑month prison sentence, with a hearing scheduled for 25 October. No prior convictions were recorded.

2023-07-17 · Kerry

Dispute between son and allegedly controlling mother to go to mediation

David Thomas, 33, has sued his mother Breda Thomas over a Co Kilkenny property that includes a guesthouse and 85 acres of land at Ballyduff, Thomastown. He alleges that he is the rightful owner, having inherited the property from his late grandmother and that it was held in trust for him and his sister. Thomas claims that the property was legally transferred to him in 2010 but that his mother concealed this fact, leading to a breakdown in their relationship. He seeks possession of the dwelling house and farm, registration of his legal interest, damages for trespass, breach of duty and unjust enrichment, and an injunction against his mother's alleged trespassing and harassment. Breda Thomas denies all allegations, stating she loves and cherishes her son, has never abused him, and that the property was willed to him and his sister by their grandmother in 1993.

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.

2023-07-07 · Kerry

Farmer sues 'very controlling' mother

David Thomas, 33, has sued his mother Breda Thomas in the High Court, claiming she unlawfully occupies an 85‑acre farm and dwelling at Ballyduff, Thomastown, Co Kilkenny, which he says was willed to him by his late grandmother Barbara Thomas in 1993. Thomas alleges that the property was transferred to him in 2010 by trustees, but his mother withheld the full meaning of the transfer and continued to manage the farm, benefiting from its profits. He says his mother has physically attacked him, threatened to burn the property, and excluded him from his bedroom and household facilities. Thomas claims he has no other accommodation and has been staying with an aunt. He seeks possession of the house and farm, registration of his legal interest, damages for trespass and unjust enrichment, and an injunction restraining his mother from trespassing or harassing him.

2023-06-28 · Dublin

Religious experience sees man confess to asylum fraud

Monday Augustine, aged 52, admitted to using false documents to secure asylum and later Irish citizenship. He first arrived in Ireland in 2002 as a Nigerian, claiming to be Liberian and using the name John Augustine Sawyeer. He married an Irish citizen in 2004, obtained citizenship in 2008, and received a passport in 2009, all under the false name. In 2019 he applied for a new passport using the same falsified birth certificate. After a religious experience in 2018, Augustine wrote to the Irish Naturalisation and Immigration Services in October 2019, confessing the fraud and revealing his true identity. He was arrested, showed full cooperation, and pleaded guilty. He has no prior convictions, works for a cleaning company, and is described as a respected, pro‑social individual. The case is pending finalisation on 18 July.

2023-06-27 · Kerry

Rathass cemetery murder accused get trial date

Three family members and a teenager accused of murdering Thomas 'Tom' Dooley, 43, will be tried at the Central Criminal Court in Dublin on 29 May 2024. The defendants are Patrick Dooley (35), Thomas Dooley Senior (41), Thomas Dooley Junior (20) and a 17‑year‑old boy who cannot be named. They are charged with the murder of Mr Dooley at Rath Cemetery, Rathass, Tralee, on 5 October 2022, after he was attacked by a group of men while attending a funeral. Thomas Dooley Junior is also charged with assault causing serious harm to Mr Dooley's wife, Siobhán, and the teenager is charged with producing an article likely to intimidate or cause serious injury to Ms Dooley. Mr Dooley died after the attack; Siobhán suffered serious injuries. The court set the trial for the four defendants, with a mention scheduled for 10 July 2024 to allow the defence to receive case materials.

2023-06-26 · Kerry

Woman (68) jailed for 'heinous' abuse of two boys

A 68‑year‑old woman, Josephine McMahon, was sentenced to three and a half years in prison for sexually assaulting two brothers in Kerry between 1992 and 1996. The younger brother, aged four or five at the time, was abused in the house's bathroom with a wooden spoon, while the older brother, aged eight to twelve, was assaulted on several occasions, including being threatened with a wooden spoon and exposed to the perpetrator's genitals. McMahon pleaded guilty at the Central Criminal Court. The judge, Ms Justice Karen O'Connor, noted the maximum sentence for the offence at the time was five years and imposed a suspended 12‑month period, ordering McMahon to remain under probation supervision for a further year after release. The sentence reflected mitigating factors such as her deteriorating health, diabetes and kidney disease, and the need for dialysis. The court heard the victims' impact statements, describing lasting depression, anxiety, addiction issues, and family effects.

2023-06-19 · Roscommon

Roscommon man sees €1.1m in debt written off under insolvency arrangement

The High Court has approved a Personal Insolvency Arrangement for a 52-year-old man from County Roscommon, enabling him to retain his family home while writing off more than €1.1 million in debt. Mr Justice Alexander Owens granted the order following an appeal by a Personal Insolvency Practitioner after the Circuit Court had refused to approve the arrangement. The debtor incurred significant financial difficulties through personal guarantees linked to a construction business he operated with family members, which entered liquidation in 2008. Under the approved arrangement, unsecured debts owed to the Bank of Ireland and building suppliers will be written off in exchange for modest dividend payments. The mortgaged family home will be restructured, with over €110,000 of the outstanding balance written off and the remainder repaid over twenty years. The court heard that creditors would benefit more substantially under the arrangement than through bankruptcy proceedings. A separate arrangement was also approved for the debtor's wife.

2023-06-16 · Kerry

'Low-grade pimp' launches bid to overturn sex worker rape conviction

Emmet O'Connor, 30, of Kerry, was convicted in December 2020 of two counts of rape, organising prostitution and intimidating a witness. He was sentenced in April 2021 to eight years for the rapes, two years for organising prostitution and one year for intimidation, all consecutive. O'Connor denied the charges. The victim, a sex worker, testified that she and O'Connor had consensual rough sex a year earlier but that on 25 September 2017 she was forced to sleep with him, was crying and begged him to stop; he grabbed her, carried her upstairs, threw her on the bed and raped her twice. O'Connor's appeal argues that the trial judge erred by allowing evidence from two recent‑complaint witnesses without adequate warning of its limited use, and that late forensic evidence was introduced too late. The State's counsel said the evidence was not hearsay and that the judge had explained its limited use. The court will reserve judgment on the appeal.

2023-06-09 · Kerry

Boys 'forever scarred' by henious abuse at hands of woman

In a Central Criminal Court hearing on 9 June 2023, 69‑year‑old Josephine McMahon pleaded guilty to two counts of sexual assault against two brothers aged four to five and eight to twelve, committed between 1992 and 1996 at her house in Kenmare, Co Kerry. McMahon admitted using a wooden spoon to assault the younger boy in a bathroom, threatening him and later assaulting him again in a bath, and a third assault in a bedroom. She also exposed herself to the older brother and threatened him with the spoon. The younger brother's victim impact statement described ongoing depression, anxiety, addiction, suicidal thoughts and lasting shame, while the older brother cited deep emotional scars and family impact. McMahon, a wheelchair user with diabetes and kidney disease, has no prior convictions and will be placed on the Sex Offenders Register. The case was adjourned to 26 June for sentencing, with a request for a suspended sentence.

2023-05-25 · Dublin

Combined 13 years for pair caught moving €1.2m in cannabis

Anthony Larkin, 46, and Gerard Windrum, 38, were sentenced to a combined 13 years in prison for moving almost €1.2 million in cannabis resin. Larkin pleaded guilty to possession for sale or supply of just over 92 kg of the drug, worth about €556,800, seized at a storage unit in Mount Seskin, Tallaght on 1 April 2022. Windrum pleaded guilty to possession for sale or supply of 105 kg, worth just over €630,000, found at the same unit. Larkin had no prior convictions, while Windrum had 103, mainly traffic offences, including a heroin sale conviction. Judge Martin Nolan sentenced Windrum to eight years and Larkin to five, citing their roles as couriers and the influence of debt. Gardaí had been surveilling the unit after a tip, discovered the drugs, and followed the vans to the transfer site in Brittas. Both men were arrested, questioned, and Larkin claimed his life was in danger due to drug debt.

2023-05-24 · Kerry

Man violently sexually assaulted one woman before attacking another as boyfriend lay asleep beside her

In a case heard at the Central Criminal Court, Martin Burke, aged 26, was convicted of three counts of sexual assault and acquitted on one. The offences occurred on the night of 26 August 2018 in a Kerry town. Burke first assaulted a woman who had known him from a previous encounter; after a party involving alcohol and cannabis, he entered her spare room, bit her cheek and sexually assaulted her. She escaped to a shed, kicked him, and he fled. He later entered the bedroom of a second woman who was sleeping with her boyfriend. He asked if she was alright, grabbed her breast, left, returned, and touched her thigh under the sheets. The second victim kicked him and he left. Burke pleaded not guilty. Judge Paul McDermott sentenced him to five and a half years, suspending the final 12 months on the condition of probation for three years, and ordered him to stay away from both victims.

2023-04-11 · Waterford

Hotel ordered to pay €20k to sexually harassed chef

In April 2023 the Workplace Relations Commission ordered Causeway Hospitality Ltd to pay €20,000 to Nadine Harty after finding that the Greenway Manor Hotel failed to conduct a full investigation into her complaints of sexual harassment by the executive chef, Mr M. Harty, who began working as a prep chef on 29 June 2021, alleged that Mr M made lewd comments, blew in her ear, grabbed her waist and wrists, and bit her shoulder. She first raised the matter informally with her line manager, the head chef Mr B, and later filed a written complaint in July 2021. The hotel's management, including a company director, monitored the situation for nearly four months, then decided that Mr M, aged 66, should retire or leave. Harty was told he had left, but no action was taken against him. The tribunal found the hotel's lack of a full investigation and failure to protect Harty constituted gender‑based discrimination, and ordered the compensation.