The Court of Appeal has adjourned the appeal of Dariusz Alchimionek, a Polish national convicted of manslaughter and assault causing harm in 2015. Alchimionek, who was sentenced to nine years' imprisonment with the final three years suspended by Judge Keenan Johnson in October 2017, challenges his conviction on the ground that the jury's verdict was perverse. The case presents a procedural difficulty for the Director of Public Prosecutions, as both prosecution and defence psychiatrists agreed Alchimionek met the criteria for a finding of not guilty by reason of insanity. Despite this, the jury returned majority guilty verdicts. Counsel for the DPP, Michael Delaney SC, stated the Director is conducting further enquiries and seeking a new psychiatric opinion, which will take several weeks. Defence counsel Kenneth Fogarty SC noted the charged atmosphere in the Circuit Court and Alchimionek's preference for detention in the Central Mental Hospital over Wheatfield Prison. President Mr Justice George Birmingham, sitting with Ms Justice Máire Whelan and Mr Justice Patrick McCarthy, put the matter back for case management on November 30. The court indicated it would attempt to secure an early hearing date if necessary, though this may not be possible. The matter remains adjourned and is not concluded.
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.
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.
Anthony Hussey, 27, from Ardshillane, Sneem, Co Kerry, was sentenced to 13 years' imprisonment for twice raping a 73‑year‑old woman after breaking into her home on 20 September 2014. He pleaded guilty to two categories of rape at the Central Criminal Court. The sentence included five years of post‑release supervision. Hussey appealed against the severity of the sentence, but the Court of Appeal dismissed the appeal. Justice John Hedigan described the offence as one of the most serious cases of rape before the court, noting that Hussey had placed the victim's hand over her mouth, struck her face, threatened her with further rape, and left her covered with a duvet. The judge highlighted the extraordinary impact on the victim and the "constellation of aggravation" that justified the severe sentence. Hussey had no prior convictions and was described as well‑adjusted and popular in his community before the offence.
In July 2018, a group of Galway residents, organised under the 'Ballinasloe Says No' campaign, secured permission from the High Court to challenge the County Council's decision to grant a waste facility permit to Mr Sean Curran of Barna Waste for a site at Pollboy, Ballinasloe. The residents, all living about 2 km from the proposed facility, argue that the council failed to consider the potential adverse effects on a nearby Special Area of Preservation (SPA) – the River Suck Callows – and did not conduct an Appropriate Assessment under the EU Habitats Directive. They contend that the facility, which would handle inert waste, recycling of inorganic materials, and waste storage, could impact the SPA, located roughly 1.5 km away on the River Suck floodplain. Mr Curran is a notice party. The High Court, presided over by Mr Justice Seamus Noonan, granted the residents permission to proceed and ordered the matter to be returned for a hearing in October.
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.
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.
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.
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.
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.
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.
Four students renting a property at Lifford Park, South Circular Road, Limerick have been granted the right to return to their home following a High Court ruling. Ms Justice Marie Baker extended an injunction requiring the property owner to hand over possession to a bank-appointed receiver. The students had been required to leave by the property owner and spent two nights in hotel accommodation at the receiver's expense before the court intervened. The ruling emerged from a dispute between the property owner and Karl O'Neill, a KPMG receiver appointed by AIB in 2016. The property owner contested the validity of the receiver's appointment and the circumstances surrounding the students' removal. The judge found the receiver's appointment valid, subject to determination at a full hearing of the underlying dispute. Rent payments will be held in trust pending the final outcome of the case. The matter was adjourned for one month.
A bank-appointed receiver has obtained a temporary High Court order preventing eviction proceedings against four college students renting a property at Lifford Park, South Circular Road, Limerick. The dispute centres on the validity of Karl O'Neill of KPMG's appointment as receiver, contested by property owner Sinéad O'Connor. The court heard that Ms O'Connor demanded the students pay rent directly to her and sign documentation excluding dealings with the receiver, threatening immediate eviction and lock changes when they declined. She subsequently remained in the house with others, causing distress to the students and their families. Justice Caroline Costello granted an interim injunction on Tuesday evening requiring Ms O'Connor to surrender possession to the receiver, applying also to any third parties with notice of the order. The judge acknowledged the urgency and students' need for immediate protection, adjourning the matter to Thursday.
Carl Cullen, aged 30, pleaded guilty to robbery at Tolka Valley Road on 27 February 2017. He and a co‑accused entered a taxi at about 6 am, behaved drunkenly and violently, and forced the driver to stop. Cullen seized the driver's mobile phone, chased him, and attempted to punch him. CCTV showed the robbers rummaging through the taxi and taking a phone, MP3 player and coins. Garda Barry Hehir informed the court that the victim used a "find phone" app to locate Cullen and his co‑accused on St Helena's Road, Finglas. The court noted Cullen's 40 prior convictions, his guilty plea, remorse and athletic background, but also his propensity for violence. Judge Martin Nolan sentenced him to three and a half years' imprisonment. The sentence was imposed in the Dublin Circuit Criminal Court. The case involved a violent robbery of a taxi driver.
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.
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.
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.
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.
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.
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.
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.
Michael Ferris, a 62‑year‑old farmer from Rattoo, Ballyduff, Co Kerry, is charged with the murder of his 74‑year‑old neighbour, Anthony O'Mahony, who was killed on 4 April using a teleporter agri‑machine. The trial will begin on 9 October 2018 at the Central Criminal Court in Tralee, where it is expected to last two weeks.
Anthony Eya, a 42‑year‑old Nigerian naturalised Irish citizen, was arrested in May 2017 after a Garda surveillance operation that followed a customs alert about a suspicious package. The package, identified as suspicious when it passed through customs, was delivered to an address in Adamstown, Lucan, and later placed in Eya's car. Garda Marcella Shanahan described the "controlled delivery" and the subsequent stop at Ballyowen Lane, where two kilograms of cocaine were recovered. Eya pleaded guilty at Dublin Circuit Criminal Court to possession of the drugs for sale or supply, admitting he had paid €3,000 to Charles Twesigye for the package. He had previously served a drug offence sentence in 2006 and had left Ireland for Nigeria in 2013, returning to face the charges. Judge Martin Nolan, noting Eya's guilty plea and cooperation, imposed a four‑and‑a‑half‑year imprisonment sentence, deviating from the mandatory ten‑year minimum for the offence.
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.
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.
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.
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.
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.
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.
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.
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.
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.
In a High Court ruling on 23 June 2017, Mr Justice Paul Gilligan ordered that all residents of 24 Mountjoy Square, a Dublin city centre property subject to a fire safety notice issued in August 2016, vacate the premises by 9 July. The judge, while expressing sympathy for the Polish family of 12 who had lived there and wished to remain, stated that the court could not ignore the fire safety risk. The order also required up to a dozen students living in the building's windowless basement to leave. Fire wardens were to remain on site until the vacate date. The receiver, Ms Anne O'Dwyer, sought vacant possession, citing non‑compliance with the safety notice, while the owner, Mr Christopher Singh, contested the receiver's appointment and claimed work had been done to address the issues. The case was adjourned to a July hearing.
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.
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.
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.
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.
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.
In a High Court hearing on 15 June 2017, the court was told that a Dublin city centre property at 24 Mountjoy Square, which includes the premises known as 24 Charles Lane, is a fire safety risk and must be vacated immediately. The building houses a textile business and is being used for residential purposes, a use that is not permitted under a Fire Safety Notice issued by Dublin City Council in August of the previous year. The receiver, Ms Anne O'Dwyer of Duff & Phelps, represents the property owner, Mr Christopher Singh, and TWI Textile Machinery and Fabric Company Ltd. The receiver has been unable to access the premises since her appointment, and the building is still being used for residential purposes, contrary to the notice. Dublin City Council, after a recent inspection, has urged the receiver to vacate the building immediately.
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.
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.
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.
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.
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.
In 2014, Lithuanian national Aurimas Andruska, aged 30, was convicted by a Central Criminal Court jury in Kerry of murdering Jolanta Lubiene, 27, and her eight‑year‑old daughter Enrika in their Langford Downs home between 15 and 17 June 2013. He received two life sentences from Mr Justice Patrick McCarthy. In January 2017, Andruska appealed to the Court of Appeal, arguing that police had not adequately informed him that providing saliva and fingerprint samples was voluntary and that the samples could be used as evidence. The appeal was dismissed on all grounds. Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Edwards, upheld the conviction, noting that the trial judge had found Andruska fully aware of his choices and that the police had acted within their remit. The inquest into the deaths could not proceed while the appeal was pending. Aurimas Andruska pleaded not guilty.
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.
Cao Son Nguyen, a 30‑year‑old Vietnamese man with no fixed abode, was found asleep beside a toilet in a unit at the Clash Industrial Estate in Tralee, where cannabis plants potentially worth €1.4 million were growing. He had pleaded guilty to cultivation and to possession of cannabis for sale or supply on 21 October 2013. The original sentence of ten years imprisonment, with the last four years suspended, was imposed by Judge Tom E O'Donnell at the Tralee Circuit Criminal Court. On appeal, Nguyen's counsel, Philip Sheahan SC, argued that the case resembled a growhouse operation and that the DPP's charge of sale or supply was unusual. The Court of Appeal, led by Mr Justice Garrett Sheehan, agreed that the offence had been placed too high on the penalty scale and that Nguyen's circumstances differed from those of his co‑accused.
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.
Samba Sow, an asylum‑seeker who arrived from Senegal in 2007, used a false identity, Moussa Sow, to work in Ireland and later claim €50,000 in social welfare payments between 2011 and 2014. He obtained a PPS number under the false name, worked in a Dublin pub, paid income tax and PRSI, and was made redundant during the recession. After losing his job, he claimed job seekers' benefit, job seekers' allowance and rent allowance under the false name, totalling €50,006. In 2015, when he was granted permission to remain, he stopped claiming under the false name and made a legitimate claim in his real name. The Department of Social Protection's facial‑recognition system flagged his deception, leading to his arrest. In court, Sow pleaded guilty to 18 counts of stealing social welfare payments. Judge Catherine Murphy imposed a suspended two‑year sentence, noting that Sow never attempted to double‑dip or claim payments under two names.
In December 2016, Judge Tony Hunt sentenced 57‑year‑old Richard O'Brien to 15 years' imprisonment for raping a grandmother in Dublin on 19 March 2011. O'Brien lured the victim to a caravan, assaulted her, bit her and raped her, then fled to the UK before being extradited in 2013. He had earlier been convicted of rape and false imprisonment in 2015, receiving a six‑year sentence back‑dated to his extradition. At the 2016 sentencing, O'Brien repeatedly disrupted proceedings, calling the victim a "filthy prostitute". The judge described the harm as "very very great indeed" with long‑term damage, noting the victim's nightmares, relationship breakdown and suicidal thoughts. O'Brien's sentence was back‑dated to August 2015, with post‑release supervision for three years and a requirement to notify authorities of his address under the Sex Offenders Act. The victim's impact statement highlighted the lasting psychological and familial effects of the attack.