Court archive

Court reports mentioning Kerry

2016-11-28 · Dublin

Convicted rapist is removed from court as he calls victim a "filthy prostitute"

During a sentence hearing at the Central Criminal Court, Richard O'Brien, 57, was removed after repeatedly interrupting proceedings, attempting to sack his barrister and calling the victim a "filthy prostitute." O'Brien, convicted of rape, attempted rape, false imprisonment and assault causing harm, had lured the victim—a grandmother in her fifties—to a caravan in Dublin on 19 March 2011, where he raped, assaulted and bit her. He fled to the UK and was extradited in 2013. The victim, who cannot be named, described the attack as lasting for a long time, ending when two men entered the caravan and stopped O'Brien. She was later taken to a sexual assault treatment unit and gave a victim impact statement about nightmares, relationship breakdown and suicidal thoughts. The judge adjourned sentencing to 12 December, noting O'Brien's disruptive court behaviour and difficulty restraining himself. The hearing continued with his defence barrister, Damien Colgan SC, after O'Brien was removed. The case remains pending sentencing.

2016-11-24 · Dublin

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

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

2016-11-23 · Dublin

Jury begin deliberations in chip shop murder trial

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

2016-11-22 · Dublin

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

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

2016-11-21 · Dublin

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

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

2016-11-17 · Dublin

Murder accused told gardai he acted in self-defence

In the murder trial of Donal Colgan, 65, the accused claimed self‑defence after being attacked by two men. Colgan was arrested early on 19 August 2014 and, while in a Garda car, told Sgt Chris Cahill that he was defending himself. Garda Eoin Treacy and witness Gary Kinlan confirmed that Colgan used a knife to stab 45‑year‑old David Sheridan outside Luigi's chip shop on North Strand Road on 17/18 August 2014. Colgan denied knowing Sheridan or being at Luigi's that night, and said he had been advised by his solicitor not to speak. Teresa Marsella, a Luigi's employee, observed a fight between Colgan and Sheridan, then saw Colgan return with a knife and stab Sheridan. Detective Sergeant Mark Watters found blood‑stained clothing and a block of knives at Colgan's home; forensic analysis matched the blood to Sheridan. The case is set to continue before Justice Carmel Stewart and a jury. Donal Colgan pleaded not guilty.

2016-11-16 · Tipperary

Windfarm challenges fast-tracked

In the Commercial Court, Mr Justice Brian McGovern has fast‑tracked two environmental challenges to windfarm projects in the south of Ireland. The first case concerns Peter Sweetman's objection to Tipperary County Council's extension of planning permission for a 16‑turbine windfarm at Castlewaller, Newport. Sweetman questions the viability of the €46 million project, which was originally approved in 2012 and extended in July. The council's developer, Castlewaller Woodland and Partnership (CWP), argues the extension is necessary for the project to qualify for the REFIT II state financial support scheme and for the creation of 30–40 construction jobs and 7 full‑time positions. The case is scheduled to return to court in May. The second fast‑tracked case involves the North Kerry Wind Turbine Awareness Group challenging An Bord Pleanala's permission for 10 turbines near Lixnaw, Kerry. The challenge cites non‑compliance with the Environmental Impact Assessment Directive and the EU Habitats Directive.

2016-11-16 · Dublin

Dubliner died from "multiple stab wounds" he suffered outside chipper

In a murder trial at the Central Criminal Court, a 45‑year‑old man named David Sheridan died from multiple stab wounds inflicted outside a Dublin chip shop on 17/18 August 2014. Deputy State Pathologist Dr Michael Curtis testified that he examined Sheridan's body on 18 August and identified four stab wounds: one to the abdomen severing blood vessels from the intestine to the liver, another to the left lung, and two to the arm and hand, indicating attempts to defend himself. Curtis concluded Sheridan died from the wounds. He also identified a knife from Donal Colgan's home as the most likely instrument. Colgan, aged 65, pleaded not guilty to the murder. Witness Gary Kinlan, a friend of Sheridan, claimed Colgan attacked him and then stabbed Sheridan, but was cross‑examined and admitted lying to Gardaí. The trial proceeded with a jury of nine men and three women, hearing further evidence tomorrow.

2016-11-15 · Kerry

Murder accused returned to row with knife, prosecution tells jury

In the Central Criminal Court, Donal Colgan, aged 65, pleaded not guilty to the murder of 39‑year‑old David Sheridan outside Luigi's chip shop on North Strand Road on 17/18 August 2014. Prosecutor Paul Burns SC presented evidence that Colgan had left the chip shop after an altercation, returned minutes later armed with a knife, and stabbed Sheridan multiple times, leading to Sheridan's death the following day. CCTV footage from the Sunset House pub, Luigi's chip shop and a nearby Centra was shown to the jury. The footage showed Colgan drinking heavily at the pub, arriving at the chip shop, engaging with other customers, leaving the shop, walking back to his home, and then returning to the shop with a knife. He was seen walking away from the scene carrying the knife, without attempting to conceal it. The trial continued the next day before Justice Carmel Stewart and the jury.

2016-11-14 · Dublin

64-year-old to go on trial accused of murder

Donal Colgan, a 64-year-old man from Killarney Street, Dublin 1, pleaded not guilty to the murder of David Sheridan, a 45-year-old father of three. The alleged killing took place at North Strand Road, Dublin 1, on August 17 or 18, 2014. Colgan is accused of murdering Sheridan outside a Dublin chip shop. Following the plea, Justice Patrick McCarthy directed the jury to select a foreman and return to the Central Criminal Court the following day. The trial is scheduled to begin tomorrow. This report reflects the procedural stage of the trial, where the defendant has entered a not guilty plea to the contested charge of murder. No findings, sentences, or final dispositions have been recorded at this stage. The matter is proceeding to trial as indicated by the court's instructions for the jury's return.

2016-11-14 · Kerry

Court orders extradition of suspect in 1996 PIRA attack on Osnabruck

In a High Court decision on 14 November 2016, Judge Ms Aileen Donnelly ordered the extradition of James Anthony Oliver Albert Corry, a 47‑year‑old Belfast native, to Germany. Corry was arrested in Killorglin, Co Kerry in October 2015 under a European Arrest Warrant issued by German authorities in 2004. He is suspected of taking part in a 1996 Provisional IRA mortar attack on a British army barracks in Osnabruck, during which three mortar shells were fired. The judge noted that the public interest in prosecuting Corry for an alleged attempted murder with explosives was not diminished by the delay in seeking his surrender. She emphasized that any trial and sentence he would face in Germany could amount to life imprisonment, and that surrender would not constitute disproportionate interference with his rights. Corry was remanded in custody until 21 November 2016, with bail consent.

2016-11-14 · Kerry

Killer who stabbed housemate through the heart is jailed for five years

In Portarlington, Deivydas Zigelis, a 39‑year‑old Lithuanian, was found not guilty of murder but guilty of manslaughter of Alexander Karpovs, a 26‑year‑old Latvian, after a drunken dispute over food. Karpovs died on 15 February 2014 from a single stab wound to the heart. Zigelis was sentenced to seven years at the Central Criminal Court, with the final two years suspended, giving an effective custodial term of five years. The judge noted the killing was not premeditated, describing the scene as a "hovel" and Zigelis as a "functioning alcoholic" who has vowed never to drink again and shown genuine remorse. The court heard a victim impact statement from Karpovs' mother in Latvia, who said her son's death had left her "stressed out all the time" and unable to sleep. The case involved a house filled with broken crockery, drink cans and cigarette boxes, and a third man who was also heavily intoxicated.

2016-11-07 · Cork

"All over an argument about tv channels": man jailed for life for prison murder

Brian Veale, 31, was sentenced to life imprisonment at the Central Criminal Court for the murder of Graham Johnson in the kitchen of Cork Prison on 16 May 2015. Veale stabbed Johnson through the heart with a carving knife after an argument over television channels. The jury found him guilty after deliberating for 1 hour 56 minutes. Victim impact statements were read by Johnson's sister, Vivienne, and his 13‑year‑old daughter, describing the loss and emotional toll. Veale, originally from Dungarvan, had 105 prior convictions and was already in custody on a robbery charge when the murder occurred. The judge imposed the mandatory life sentence, consecutive to a previous offence imposed on 28 February 2015. The court heard that the knife used was available to kitchen staff and that the incident followed a brief confrontation over a horse‑racing channel. The case concluded with the judge's sentencing and no further legal proceedings reported. Brian Veale pleaded not guilty.

2016-10-26 · Waterford

Prisoner guilty of murdering fellow inmate after row over switching TV channels

A Central Criminal Court jury found Brian Veale, 31, guilty of murdering fellow inmate Graham Johnson, 41, at Cork Prison after a dispute over television channels. The trial heard that the argument began around 3 pm on 16 May 2015, ended briefly, but later that evening Veale entered the kitchen with a carving knife and stabbed Johnson in the chest. Witnesses, including Ming Feng Chen and prison officer Brian Forde, described the altercation and Veale's subsequent smile and remark that a life sentence would not matter. Pathologist Dr Marie Cassidy testified that Johnson died from a single stab wound that perforated the heart and aorta. DNA evidence linked Veale's clothing to Johnson's blood. The jury deliberated 1 hour 56 minutes and returned a unanimous verdict of murder. The case was adjourned for sentencing until 7 November, with Veale remanded in custody. Brian Veale pleaded not guilty.

2016-10-25 · Cork

"Fear is at the heart of this case", defence tells prison murder trial jury

A jury at the Central Criminal Court heard closing arguments in the trial of a man charged with murder at Cork Prison. Brian Veale, 31, of Dominic Street, Cork, denies murdering fellow inmate Graham Johnson on 16 May 2015 at the prison on Rathmore Road. Defence counsel Tom Creed SC argued that fear is central to the case and urged the jury to consider a manslaughter verdict rather than murder, drawing comparison to the 2005 trial of Mayo farmer Padraig Nally. He submitted the prosecution had failed to rule out self-defence. Prosecutor Tim O'Leary SC countered that self-defence was "conjured up" and presented eyewitness evidence of the stabbing. He emphasised that Mr Johnson died from a single chest wound that penetrated his heart and spine. Detective evidence disclosed that Mr Veale declined to comment when questioned about a blood-stained knife and bloodstains on his clothing and shoes. Ms Justice Isobel Kennedy began her charge to the twelve-person jury, which will conclude tomorrow morning. Brian Veale pleaded not guilty.

2016-10-24 · Kerry

Lithuanian who killed housemate told gardai: "I am a bad man"

In a case heard at the Central Criminal Court, Deivydas Zigelis, a 39‑year‑old Lithuanian, was found not guilty of murder but guilty of manslaughter for the death of Alexander Karpovs, a 26‑year‑old Latvian, who was stabbed in the heart during a drunken argument in Portarlington on 15 February 2014. Zigelis admitted to the killing shortly after the incident, stating, "I killed my friend. I am a bad man." The court was told that the fatal blow was delivered with a steak knife, that Zigelis was the one who wielded the knife, and that he had called emergency services after the victim's body showed signs of blood loss. A victim impact statement from Karpovs' mother in Latvia was read, describing the loss of her son's financial support and the emotional distress caused. Zigelis expressed remorse, and sentencing was adjourned to 14 November.

2016-10-24 · Cork

Blood on murder accused's clothes matched that of fellow inmate

In a Cork Prison murder trial, 31‑year‑old Brian Veale pleaded not guilty to the killing of fellow inmate Graham Johnson on 16 May 2015. Witness Ray Cummins testified that Veale and Johnson argued over a television remote in the kitchen, that Veale was calm when speaking to Cummins at 3.30 pm, and that he later told Cummins not to return to his cell because he feared Johnson might harm him. Cummins also recalled Johnson confronting Veale after the argument, calling him "out the back" and walking away while Johnson continued watching TV. Detective Sergeant Vincent O'Sullivan reported that Veale's kitchen clothing was seized from a bin in his cell, and forensic scientist Dr Edward Connolly examined the clothing and a knife recovered from the kitchen. Connolly found heavy blood‑staining on the knife's blade that matched Johnson's DNA profile, and blood on Veale's t‑shirt, trousers and shoes also matched Johnson's DNA.

2016-10-21 · Cork

Deceased threatened to "batter" murder accused, prison trial hears

During a murder trial at the Central Criminal Court, a witness testified that on 16 May 2015, in the kitchen of Cork Prison, an argument over television channels escalated between Brian Veale (31) and Graham Johnson. Johnson, who wanted to watch a horse race, threatened Veale that he would "batter" him and told him to leave. Veale allegedly approached Johnson with a kitchen knife, inserted it into Johnson's chest, causing a 6‑cm stab wound that penetrated the sternum, sliced the heart and aorta, and resulted in fatal haemorrhage. The knife was then thrown onto the counter. State Pathologist Professor Marie Cassidy confirmed the post‑mortem findings, describing the wound trajectory and the heart's perforation. The case is proceeding before Justice Isobel Kennedy with a jury of twelve, and the trial is expected to last five days. Brian Veale pleaded not guilty.

2016-10-21 · Cork

Blade went through heart from front to back, jury hears

In a murder trial at the Central Criminal Court, Brian Veale, aged 31, pleaded not guilty to the killing of Graham Johnson, a 42‑year‑old inmate, at Cork Prison on 16 May 2015. Chief State Pathologist Professor Marie Cassidy testified that Johnson died from a single stab wound to the front of his chest, which penetrated the sternum, sliced through the ribs, and went straight through the heart from front to back, causing haemorrhages to the heart and aorta. The wound was 12 cm below the breastbone, 6 cm wide, and extended onto the left side of the chest. Veale and Johnson were known to each other and were working in the prison kitchen when a verbal altercation over a television channel occurred around 3 pm. After the quarrel ended, Veale allegedly returned to the kitchen with a knife and stabbed Johnson sometime after 5 pm.

2016-10-20 · Cork

Murder accused smiled and told witness: "If I get a life sentence it doesn't matter"

Brian Veale, 31, pleaded not guilty to the murder of Graham Johnson, 31, at Cork Prison on 16 May 2015. The prosecution alleged an altercation over a television channel in the kitchen, after which Veale allegedly obtained a knife and stabbed Johnson in the chest. Witness Ming Feng Chen, an inmate, testified that Veale approached Johnson, stabbed him, then smiled and said, "If I get a life sentence it doesn't matter." Chen also claimed he feared Veale might harm him and picked up the knife. Prison officer Brian Forde recounted hearing a heated argument about the channel, seeing Johnson in distress, and observing a knife with blood on it. The case is before Ms Justice Isobel Kennedy with a jury of seven men and five women.

2016-10-20 · Cork

Murder accused alleged to have stabbed fellow prisoner after row over TV channels

In a Cork Prison kitchen on 16 May 2015, Brian Veale (31) allegedly stabbed fellow inmate Graham Johnson after a verbal altercation over switching television channels. Prosecutors told a Central Criminal Court jury that the dispute arose around 3 pm between the two men while they were preparing food. After the quarrel ended, Veale reportedly entered a kitchen area with a knife and stabbed Johnson in the chest. State Pathologist Dr Marie Cassidy described the wound as a single downward thrust that perforated the heart, sliced the aorta and oesophagus, and caused rapid death. Witnesses were to testify about the incident, the kitchen staff's observations, and forensic evidence linking blood on Veale's clothing to Johnson. Veale pleaded not guilty to murder, and the trial was set to continue before Justice Isobel Kennedy and a jury.

2016-10-17 · Cork

Jury sworn in for trial of man accused of prison murder

A jury of six men and six women was sworn in at the Central Criminal Court for the trial of Brian Veale, 31, who is accused of murdering 41‑year‑old Graham Johnson in Cork Prison on 16 May 2015. Veale pleaded not guilty. The trial is scheduled to begin the following day and is expected to last five days.

2016-10-05 · Kerry

Germans accused of negligence for delay in pursuit of bombing suspect

In a High Court hearing on 5 October 2016, barrister Remy Farrell SC accused German federal authorities of "culpable negligence" for a more than ten‑year delay in acting on a European Arrest Warrant for James Corry, a 46‑year‑old Irishman suspected of involvement in a 1996 IRA bombing in Osnabruck, Germany. Farrell argued that the Germans had failed to explain why they did not act on information supplied by the Irish Gardaí in 2005, when Corry was already on the International Wanted List. He described the delay as "truly exceptional" and "unconscionable," and claimed that under Article 8 of the European Convention on Human Rights, any removal of Corry from Ireland would require a "pressing social need." Farrell also noted that a conviction in Germany could lead to life imprisonment, contrasting this with a two‑year sentence in the UK or Ireland, and said the German prosecutor's actions were "nonsense" and "unconvincing finger‑pointing." Justice Aileen Donnelly reserved.

2016-07-26 · Kerry

Killer to be sentenced in October

In a Central Criminal Court hearing set for 24 October, Deivydas Zigelis, a 38‑year‑old Lithuanian, will receive a sentence for manslaughter. Zigelis was found not guilty of murder but guilty of manslaughter in June for the death of his housemate, Alexander Karpovs, who died from a single stab wound to the heart on 15 February 2014. Justice Paul Butler also ordered a prison governor's report to be sent to Zigelis's legal representatives.

2016-07-25 · Kerry

Kerry man who twice raped 73-year-old woman is jailed for 13 years

Anthony Hussey, aged 26, was convicted of raping a 73‑year‑old woman in her home on 20 September 2014. He entered the house wearing a balaclava, claimed his boss forced him, and sexually assaulted the victim both vaginally and anally. Hussey pleaded guilty at the Central Criminal Court. Judge Patrick McCarthy sentenced him to 13 years' imprisonment, back‑dated to his 2014 custody, and imposed a five‑year post‑release supervision order. The judge noted the victim's courage and the seriousness of the offence, while considering Hussey's apology, good character and guilty plea in determining the sentence. The case was heard in the Central Criminal Court, with the judge's remarks and the victim's impact statement recorded in the proceedings.

2016-07-18 · Dublin

Mum-of-two jailed for assisting offender following Dublin killing

Dubliner Laura Dempsey, a 25-year-old mother of two, was sentenced at the Central Criminal Court for assisting an offender in connection with the murder of 33-year-old Kieran Farrelly on October 26, 2014. Dempsey pleaded guilty to impeding the apprehension or prosecution of the person she believed was guilty of the killing, which involved concealing a shotgun used at Killarney Court, Killarney Street, Dublin 1. Ms Justice Isobel Kennedy noted that Dempsey admitted being present at the shooting and placing the firearm in a wheelie bin after being given it by another accused. The judge acknowledged mitigating factors, including Dempsey's early guilty plea, her attempt to discourage the attack, and her heroin addiction, while recognizing the serious nature of the offence. Dempsey was sentenced to three years in prison, with the final two years suspended for a period of three years. She must comply with a probation officer and attend the Merchant's Quay Project or a suitable alternative. The sentence commences from the date of sentencing, with credit given for time already served. A separate murder charge against Dempsey was previously dismissed following an application under Section 4E of the Criminal Justice Act 1999.

2016-07-12 · Dublin

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

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

2016-07-11 · Kerry

Mother-of-two to be sentenced for assisting offender

Dubliner Laura Dempsey, a 25-year-old mother of two, was remanded in custody at the Central Criminal Court for sentencing next Monday. She pleaded guilty to impeding the apprehension or prosecution of the person she believed was guilty of murdering 33-year-old Kieran Farrelly on October 26, 2014. The offence involved assisting in the concealment of a shotgun used in the killing at Killarney Court, Killarney Street. Although initially charged with murder, that charge was dismissed following an application under Section 4E of the Criminal Justice Act 1999. Detective Garda Gary Moran testified that Dempsey had 59 previous convictions, including for drugs possession and theft, many of which occurred after the shooting. He noted her heroin addiction and that victim impact statements were prepared but not read. Defence counsel Remy Farrell SC submitted a psychiatric report detailing ongoing flashbacks and clinical depression, arguing that a pronounced element of duress constituted a powerful mitigating factor. He highlighted that Dempsey made full voluntary admissions and had only transient possession of the weapon. Prosecuting counsel Dominic McGinn SC stated the maximum sentence for the offence was 10 years. Ms Justice Isobel Kennedy said she needed time to consider the material handed in and remanded Dempsey in custody for sentencing next Monday.

2016-07-11 · Kerry

Hearing date set for suspect in 1996 IRA barracks attack

James Anthony Oliver Albert Corry, aged 46, was arrested in Killorglin, Co Kerry, last October on a European Arrest Warrant issued by German authorities. He is suspected of involvement in a 1996 Provisional IRA mortar attack on a British army barracks in Osnabruck, Germany, where three mortar shells were fired. The High Court set a hearing for the extradition case on 5 October and remanded Corry on continuing bail until that date.

2016-06-23 · Dublin

Woman pleads guilty to assisting an offender after Dublin killing

A 25‑year‑old woman, Laura Dempsey, pleaded guilty to assisting an offender in the 2014 killing of 33‑year‑old Kieran Farrelly near Portland Row, Dublin. She was charged with impeding the apprehension or prosecution of the suspect and with assisting in concealing a shotgun used in the murder at Killarney Court. The murder charge was dismissed after she applied under Section 4E of the Criminal Justice Act 1999. Dempsey was arraigned before the Central Criminal Court, pleaded guilty, and was remanded in custody for sentencing on 11 July. The court directed a psychiatric report.

2016-06-21 · Laois

Man convicted of killing housemate who "failed to bring ribs home from butcher"

In a Central Criminal Court trial in Laois, a 38‑year‑old man was found not guilty of murder but guilty of manslaughter for killing his 26‑year‑old housemate, Deivydas Zigelis, after a dispute over ribs. The case began when Zigelis, who had gone to buy cider and ribs, returned home without the ribs. The accused, Alexander Karpovs, claimed he was offended and stabbed Zigelis with a kitchen knife. CCTV showed Zigelis making several trips to an off‑licence and a butcher's shop that day. The jury, after nearly six hours of deliberation over two days, returned a unanimous verdict of not guilty of murder but guilty of manslaughter. Mr Justice Paul Butler remanded Zigelis in custody until a sentencing date is set.

2016-06-21 · Kerry

Jury resumes deliberations in Laois murder trial

The jury has resumed deliberations in the Central Criminal Court trial of Alexander Karpovs, a 26‑year‑old Latvian, charged with murdering his housemate Deivydas Zigelis, a 38‑year‑old Lithuanian. The case alleges that Karpovs, who had told Zigelis to buy ribs from the butcher, stabbed him with a kitchen knife after Zigelis returned home without the requested food. Karpovs is also charged with manslaughter. The jury, composed of six men and six women, had previously deliberated for almost four hours before a break and is now continuing its discussion this afternoon. The trial is ongoing. The unnamed 26-year-old pleaded not guilty.

2016-06-20 · Laois

Jury deliberating in trial of man accused of murdering housemate

In a Laois Central Criminal Court trial, a jury has begun deliberating on the murder of 26‑year‑old Alexander Karpovs, who died of a single stab wound to the heart after a dispute over ribs. The accused, 38‑year‑old Deivydas Zigelis, pleaded not guilty to murder but guilty to manslaughter. Both men worked as bin collectors and spent weekends drinking at home. The jury heard that Zigelis, after Karpovs returned from the butcher without ribs, became offended, took a kitchen knife, and stabbed him. CCTV showed Zigelis entering a butcher's shop that afternoon and leaving empty‑handed. The prosecution argued that intoxication was not a defence and that intent to kill or seriously harm existed. The jury deliberated for almost two hours before being sent home for the night, to resume on Tuesday morning.

2016-06-20 · Dublin

Judge dismisses murder charge against woman

In a decision at Killarney Court, Judge Ms Justice Isobel Kennedy dismissed the murder charge against 25‑year‑old Laura Dempsey, who had been accused of killing 33‑year‑old Kieran Farrelly in October 2014. Dempsey, who has no fixed address, had been slated for trial at the Central Criminal Court in June 2017. She applied to have the charge withdrawn under Section 4E of the Criminal Justice Act 1999, and the judge found the case insufficient for trial, ruling that the charge be dismissed.

2016-06-17 · Laois

Deceased would still be alive if he brought food home, accused told gardai

In a Central Criminal Court hearing, Deivydas Zigelis, aged 38, pleaded not guilty to murder but guilty to manslaughter after stabbing 26‑year‑old Alexander Karpov, a Latvian, with a kitchen knife on 15 February 2014. Zigelis claimed he and Karpov had spent the day drinking with a friend in Laois, then returned to Portarlington where he stabbed Karpov after an argument. He said he had called Gardaí 30 minutes later. Zigelis described a history of drinking together, arguing rarely, and that Karpov had annoyed him while intoxicated. He asserted that if Karpov had brought food home with the cider, he would still be alive. The trial, presided over by Mr Justice Paul Butler, continues on Monday.

2016-06-16 · Kerry

Witness did not mention seeing accused grab knife until sixth interview, trial hears

During the murder trial of Deivydas Zigelis, a 38‑year‑old Lithuanian accused of killing 26‑year‑old Alexander Karpov, witness Rimas Sodaitis confirmed that he did not mention seeing Zigelis grab a knife until his sixth interview with the Gardaí. Sodaitis, who had been questioned five times before, stated that he had not seen a blow or a knife in the first interview, thought the victim had been punched in the second, and only noted shouting in the fifth. He agreed with defence counsel that he had no recollection of the entire day, describing it as "a mist of alcohol." The court also heard that two knives were found in the garden and three in the house, but no fingerprints were recovered. The trial was set to continue the following day before Mr Justice Paul Butler. The unnamed 49-year-old pleaded not guilty.

2016-06-15 · Laois

Witness watched TV as murder accused ran at deceased with knife

In a murder trial in the Central Criminal Court, a 49‑year‑old witness, Rimas Sodaitis, testified that he was watching television when he saw the accused, 38‑year‑old Deivydas Zigelis, run toward the deceased, 26‑year‑old Alexander Karpov, with a knife. Sodaitis described a prior conflict between the accused and the deceased, noting that they had been drinking vodka and cider and had been shouting. He said the accused grabbed a knife from a small table, kicked the table, and ran toward Karpov. Sodaitis claimed he did not see what happened next, but later saw blood and heard the accused ask where it was coming from. He also reported that the accused cleaned up the blood before calling emergency services. The trial continues before Mr Justice Paul Butler. The unnamed 49-year-old pleaded not guilty.

2016-06-15 · Laois

Deceased died of single stab wound to the heart, murder trial hears

In the 2016 murder trial of 38‑year‑old Deivydas Zigelis, the Central Criminal Court heard that 26‑year‑old Alexander Karpov died from a single stab wound to the heart. Pathologist Dr Margaret Bolster testified that the wound was nine centimetres deep, passing between the third and fourth ribs into the right ventricle and piercing the aortic cusp. She found almost 500ml of fresh blood clot in the pericardial sac, which she said stopped the heart. No defensive wounds were observed. The trial continues before Mr Justice Paul Butler.

2016-06-14 · Laois

Lithuanian goes on trial accused of knife murder

A 38‑year‑old Lithuanian man, Deivydas Zigelis, is on trial at the Central Criminal Court for the 2014 murder of 26‑year‑old Alexander Karpov, a Latvian, who was stabbed at a house on Spa Street, Portarlington. Zigelis pleaded not guilty to murder but guilty to manslaughter, a plea the prosecution rejected. The jury heard a 999 call made by Zigelis at 5 pm, during which he gave the address and said someone had died. Garda Sharon Murray recorded the call and later spoke with Garda Michael Wynn, who described arriving at the house, finding one man on the couch and another on the ground, and Zigelis claiming he did not know what had happened. Detective Sergeant Pat O'Brien showed photographs of the scene, noting it was unkempt with debris and a bag of sugar in the kitchen.

2016-06-13 · Laois

Jury sworn in for Laois murder trial

A jury was sworn in at the Central Criminal Court to hear the trial of Deivydas Zigelis, a 38‑year‑old Lithuanian resident of Spa Street, Portarlington, who was accused of murdering Alexander Karpov, a Latvian man, on 15 February 2014. Zigelis pleaded not guilty to murder but guilty to manslaughter, a plea the prosecution did not accept. The trial will proceed tomorrow before Justice Paul Butler and a jury.

2016-05-25 · Kerry

"I can't stop screaming inside": Kerry man raped 74-year-old woman after breaking in to her home

Anthony Hussey, 24, pleaded guilty to raping a 74‑year‑old woman in her home on 20 September 2014. He broke in wearing a balaclava, claimed his boss forced him, and forced the victim to the floor, removing her clothing and assaulting her vaginally and anally. He later told the victim she enjoyed it and covered her with a duvet before leaving. The victim's impact statement described her as sobbing, terrified, and feeling "broken" and "humiliated". Hussey was remanded in custody until 7 June for sentencing. He had no prior Garda record, was a bar manager, and had been registered as a sex offender when he entered his plea. The article reports the victim's emotional state and Hussey's apology letter, but no sentencing outcome is given.

2016-05-25 · Kerry

Extradition of man wanted over Provo attack on army barracks would be "oppressive" under Good Friday agreement, lawyers claim

In May 2016, lawyers for 46‑year‑old James Anthony Oliver Albert Corry, arrested in Killorglin on a European Arrest Warrant issued by German authorities in 2004, argued that extraditing him to Germany for the 1996 Provisional IRA mortar attack on a British army barracks in Osnabruck would be oppressive under the Good Friday Agreement. Corry, alleged to be one of five IRA members who divided responsibility for the attack, faces charges of attempted murder and grievous bodily injury. His counsel claimed that if tried in Ireland he could benefit from early release provisions of the Agreement, whereas extradition could lead to a life sentence in Germany. The High Court considered whether the Agreement provided an amnesty, concluding it did not, and noted that surrender would interfere with family rights but that alone was not a reason to refuse it. The case was adjourned to July 21, 2016, with Corry remanded on continuing bail.

2016-05-25 · Dublin

High Court confirms appointment of examiner to Debenhams Ireland

The High Court confirmed the appointment of Mr Kieran Wallace of KPMG as interim examiner for Debenhams Retail (Ireland) Ltd (DRIL). DRIL, which employs over 1,400 staff directly and 800 staff in concessions and cosmetics across 11 stores, has been seeking examinership after sustained losses since the 2007 recession and the withdrawal of support from its UK parent, Debenhams Retail plc. The court noted that DRIL has a reasonable prospect of survival if it follows a scheme of arrangement approved by the High Court, which would involve court protection and cost reductions, particularly rent, which the company claims are above market rates. Mr Wallace has up to 100 days to propose a scheme of arrangement with creditors. No objections were raised to the application, though Dooroy Ltd, landlords of DRIL's Dublin and Cork stores, expressed concerns that the parent company should be involved in the process.

2016-05-25 · Wicklow

Wicklow man beat mother to death with mug

In a 2016 case, Bijan Afshar, aged 23, pleaded not guilty to the murder of his mother, Lynn Cassidy, 50, by reason of insanity. The trial, held at the Central Criminal Court, was expected to last three days. Afshar was charged with killing his mother on 26 or 27 June 2014 at her home in Deepdales, Bray. Prosecutor Paul Burns SC informed the jury that two psychiatrists would testify about Afshar's mental condition, specifically his Asperger's Syndrome diagnosis in 2008, and whether it made him unable to refrain from the act. Afshar, the eldest of four sons, had a strained relationship with his mother and had been living with his father and one brother after his parents split. He claimed he was worried about losing the family house, which had been sold, and that his mother's responses were "robotic." Afshar described grabbing his mother by the neck, hitting her with a white mug, and then leaving the scene.

2016-05-05 · Kerry

Boatman fails in bid to land passengers at Skellig Michael until High Court action is determined

The High Court has dismissed an application by boatman Sean Feehan to land passengers at Skellig Michael pending the determination of his legal action against the Office of Public Works (OPW). Mr Feehan, of Dunegan, Ballinskelligs, challenged the OPW's revocation of his permits, which followed his guilty plea in September 2015 at Cahirciveen District Court to three offences under the Merchant Shipping Act. He was fined €850 for operating a vessel dangerously, without an appropriate license, and failing to ensure the master was qualified. Although Mr Feehan secured temporary injunctions preventing the OPW from issuing replacement permits to others, Mr Justice Tony O'Connor refused to extend these measures or allow Mr Feehan to continue landing passengers. The judge ruled that Mr Feehan had not made out a strong case likely to succeed at the full hearing and determined that damages would be an adequate remedy. The court emphasized that visitor safety to the UNESCO world heritage site outweighed any potential reputational damage to Mr Feehan. The OPW denied the claims of unfairness and unlawfulness, citing safety concerns. The matter was adjourned and will return before the court in a month's time to proceed to a full hearing.

2016-05-03 · Kerry

Skellig Michael permit row returns before court

Sean Feehan, operator of passenger boats to Skellig Michael, has challenged the Office of Public Works (OPW) in the High Court, arguing that the revocation of his two permits is unlawful and breaches his constitutional rights. Feehan, who has run the 'Pace Arrow' and 'Naughty Lady' from Ballinskelligs since 1980, claims the OPW's decision is unfair and seeks declarations that the revocation is invalid. The OPW, citing safety concerns, revoked the permits following Feehan's 2015 convictions under the Merchant Shipping Act for operating vessels in a manner that could endanger passengers, operating without an appropriate licence, and failing to ensure a qualified master. The OPW also cited incidents in 2012 and a total fine of €850. Feehan's lawyers requested that the injunction preventing the OPW from issuing new permits and the order allowing him to land passengers remain in place pending the full hearing. The case is set to continue before Mr Justice Anthony O'Connor.

2016-04-13 · Kerry

Skellig boatman row comes before High Court

Sean Feehan, a 50‑year‑old boatman who has taken passengers to Skellig Michael since 1980, has brought a High Court case against the Office of Public Works (OPW) after the OPW revoked two of his annual permits to land visitors at the UNESCO site. The revocation, announced in January, was justified by the OPW on the basis of safety concerns linked to Feehan's 2015 convictions for three offences under the Merchant Shipping Act, for which he was fined €850. Feehan argues the decision is unlawful, breaches his constitutional rights, and exceeds the OPW's powers. He seeks declarations that the revocation is invalid and damages. On Wednesday, Mr Justice Paul Gilligan granted a temporary injunction preventing the OPW from issuing two of four permits to other parties, with the matter to be revisited next Tuesday. Feehan maintains his safety record is exemplary and that other boatmen with similar convictions have not had permits revoked.

2016-03-02 · Kerry

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

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

2016-02-29 · Dublin

Czech fraudster jailed for 18 months

David Kubicek, 24, was sentenced to 18 months in prison in Dublin after being found with equipment used to forge documents and identity cards. He pleaded guilty to possessing materials for making false instruments and to having fake driving licences, identity documents, an Eircom bill and AIB statements. Kubicek had been in custody since his arrest and had 11 prior convictions, including four in the Czech Republic, for theft, using false instruments and forgery. He is currently serving a four‑month sentence for theft imposed last November at Tralee District Court and will serve a two‑year reactivated sentence in Prague upon his return. Judge Sinead Ni Chulachain noted the items were for Kubicek's personal use and that he was caught "red‑handed." She imposed a three‑year sentence, suspended the final 18 months, and ordered credit for time already served.

2016-02-25 · Kerry

Youths who attacked retiree in "vicious" unprovoked assault have jail terms cut on appeal

Three youths – Roman Hricko (20), Miroslav Hricko (19) and David Hanak (21) – had each been sentenced to seven years' imprisonment in 2014 for assault causing serious harm to a 59‑year‑old retiree, Donal O'Mahoney, in Tralee on 26 August 2012. The assault was described as a vicious, concerted attack that left O'Mahoney unconscious, with loss of sight in his left eye, and caused a friend to suffer a fractured jaw and cheekbone. The youths, who had been at a house party drinking large amounts of whiskey, were originally from the Czech Republic and had no prior convictions. On appeal the Court of Appeal, with Mr Justice George Birmingham presiding, agreed that portions of the sentences should be suspended to encourage rehabilitation. The court decided to suspend the final 18 months of each man's seven‑year term, and each must enter a €100 good‑behaviour bond for two years after release. Roman Hricko pleaded guilty. Miroslav Hricko pleaded guilty. David Hanak pleaded guilty.