Court archive

Court reports mentioning Kerry

2016-02-19 · Dublin

Suspended sentence for man who assaulted youth worker

Paul Grace, 36, received a three‑year suspended sentence after assaulting retired youth worker Patrick Malone on 29 March 2013 in Killarney Street, Dublin. Grace had pleaded guilty to the assault, which caused harm to Malone. The court noted Grace's history of 22 prior convictions for non‑violent offences and his recent rehabilitation: he had completed a certificate in drug counselling, was studying psychotherapy, and was now clean of drugs. Judge Patricia Ryan cited the violent nature of the crime as an aggravating factor but also acknowledged Grace's incoherent state and his subsequent volunteer work with addiction services, deeming him low risk of re‑offending. Malone's victim impact statement requested no custodial sentence. The court imposed the suspended sentence, with no custodial term to be served unless the conditions are breached.

2016-02-15 · Kerry

Man who slit house mate's throat in random attack jailed for seven years

Paul Lestrange, 40, of Rosdedara, Killarney, was jailed for seven years after he slit the throat of his house‑mate James McGuirk in a random attack on 15 January 2015. Lestrange told McGuirk to write a will before the assault and, with a bread knife, cut McGuirk's throat, saying, "I told you it would end badly." He prevented McGuirk's neighbours and house‑mate Martin Roche from helping until he was overpowered and disarmed. The court found no particular motive; Lestrange's only previous convictions involved alcohol. Judge Martin Nolan described the assault as very serious, with the intent to kill, and noted McGuirk suffered a severe disfiguring scar and post‑traumatic stress. Lestrange expressed remorse and apologized to McGuirk. The sentence was imposed at Dublin Circuit Criminal Court. The unnamed man pleaded guilty.

2016-01-18 · Kerry

Adjournment in case of man suspected of involvement in IRA attack in Germany

The High Court adjourned the extradition hearing of James Anthony Oliver Albert Corry, 46, until 22 February. Corry was arrested in Killorglin, Co Kerry, last October under a European Arrest Warrant issued by German authorities. He is suspected of taking part in a 1996 Provisional IRA mortar attack on a British army barracks in Osnabruck, Germany, where three mortar shells were fired. Counsel for the Minister of Justice said an inquiry had been made to determine whether Irish and German authorities had communicated about the case. Corry remains remanded on continuing bail.

2015-12-21 · Dublin

Two women and a man to stand trial for Dublin murder

In June 2017, three defendants – Laura Dempsey, 25, Sean Ducque, 22, and Yasmin Stephens, 21 – will stand trial together at the Central Criminal Court for the murder of Kieran Farrelly, 33, who was killed on 26 October 2014 at Killarney Court, Killarney Street, near Portland Row. All three are charged with the murder and have no fixed address. The provisional trial date is 14 June 2017.

2015-12-21 · Kerry

Pensioner jailed for 10 years for raping his sister-in-law in the 1970s

A 75‑year‑old Kerry man, Jimmy Flannery, was sentenced to ten years' imprisonment for raping his sister‑in‑law in the early 1970s. Flannery began molesting the child at age eleven and later raped her in a car near Conor Pass in Dingle and in his bedroom at Ballydavid on the Dingle peninsula. He denied ten counts of indecent assault at various locations in Dingle between April 1969 and April 1974 and pleaded not guilty to three counts of rape between January 1971 and April 1975. After a five‑day trial at the Central Criminal Court, a jury convicted him of all charges. The victim, who waived anonymity, described the lasting psychological harm and expressed gratitude that the truth had been heard. Justice Margaret Heneghan, noting Flannery's age and lack of prior convictions, imposed a ten‑year sentence, citing the rape offences as meriting a 13‑year term but reducing it for mitigating factors.

2015-12-11 · Dublin

Youth worker was assaulted by man he was trying to help detox, court hears

Paul Grace, 36, of Beaumont Park, Artane, pleaded guilty in the Dublin Circuit Criminal Court to assaulting retired youth worker Patrick Malone on 29 March 2013 at Killarney Street, Dublin 1. Grace had previously struggled with drug addiction, had been homeless, and had completed a certificate in drug counselling while studying psychotherapy. He had 22 prior convictions for non‑violent offences such as theft and criminal damage. Malone, a professional who had helped people rehabilitate from drug addiction, had once given Grace money for hostels and had arranged for him to detox in Malone's apartment. During a stay Grace attempted to buy drugs, was told the detox would not work, left, returned in an incoherent state, and later pushed a knife at Malone, who sustained injuries to his arm and hand and required surgery. Malone's victim impact statement requested that no custodial sentence be imposed. The case was adjourned for sentencing on 19 February next year.

2015-12-01 · Kerry

Extradition case against man suspected of being involved in IRA attack on Osnabruck adjourned

The extradition case of James Anthony Oliver Albert Corry, 46, suspected of involvement in a 1996 Provisional IRA mortar attack on a British army barracks in Osnabruck, Germany, was adjourned by Justice Aileen Donnelly until 11 January. Corry was arrested in Killorglin, Co Kerry, on a European Arrest Warrant issued by German authorities. His counsel, Anne‑Marie Lawlor BL, requested time to submit affidavits focusing on Corry's personal circumstances, while Minister for Justice Ronan Kennedy BL asked for time to review the grounds advanced. Corry remains remanded on continuing bail.

2015-11-23 · Dublin

18 months jail for man who was part of roof repair fraud on elderly man

Thomas Coffey, 31, of Carlow, was sentenced to 18 months' imprisonment after pleading guilty to stealing €4,800 from 81‑year‑old Sinclair Downey in September 2013. Coffey, who had 19 prior convictions including four for theft, was part of a fraud ring that overcharged Downey for roof work. Garda Colleen Doherty described how Coffey and accomplice Patrick O'Brien called Downey's home, claiming he owed further payments for unauthorised work, and then accompanied him to a bank to withdraw the cash. CCTV footage captured the men waiting with Downey and receiving the money. Coffey was arrested in Kerry in November 2013 and later admitted his role after a mobile‑phone call was found. The judge described the offence as an "odious crime" and noted Coffey's psychiatric treatment at Kerry General Hospital. O'Brien, 32, was jailed for four years for a similar theft of €14,200 from Downey.

2015-11-10 · Kerry

Court hears of previous attempt to extradite man suspected of involvement in IRA attack on Osnabruck

The High Court adjourned the extradition hearing of James Anthony Oliver Albert Corry, a 46‑year‑old from Killorglin, for three weeks to allow the State to raise objections. Corry was arrested last month on a European Arrest Warrant issued by German authorities for his suspected involvement in a 1996 Provisional IRA mortar attack on a British army barracks in Osnabruck, where three mortar shells were fired. He is currently on bail and has agreed to attend court whenever his case is mentioned. An affidavit detailing his circumstances will be compiled before the next hearing.

2015-11-04 · Kerry

Georgian man acquitted of murdering fellow asylum seeker

In a Central Criminal Court trial, Georgian man Badri Khvedelidze, aged 33, was acquitted of murdering fellow asylum seeker George Tkeshelashvili at a Tralee hostel on 15 October 2005. After 6 hours 44 minutes of deliberation, a jury of six men and six women returned an eleven‑to‑one majority verdict of not guilty. The prosecution alleged Khvedelidze stabbed Tkeshelashvili following a backgammon dispute; pathologist Dr Margaret Bolster testified the victim died from a lung stab wound severing a major artery. Justice Isobel Kennedy thanked the jurors and released Khvedelidze from custody.

2015-11-03 · Kerry

Jury in trial of Georgian man accused of murder to resume deliberations

The jury in the trial of Badri Khvedelidze, a 33‑year‑old Georgian accused of murdering fellow Georgian George Tkeshelashvili in Tralee on 15 October 2005, was sent home after two hours of deliberations at the Central Criminal Court. The six men and six women will return the next day to consider the evidence. Justice Isobel Kennedy told them they could return a verdict of murder, manslaughter or not guilty, and that they must assess the credibility of witnesses who offered contradictory evidence.

2015-11-02 · Kerry

Jury to begin deliberating in trial of Georgian man accused of murder

The jury in the trial of Badri Khvedelidze, aged 33, will begin deliberations on Tuesday at the Central Criminal Court. Khvedelidze has pleaded not guilty to the murder of fellow Georgian George Tkeshelashvili, who died on 15 October 2005 at Westward Court in Tralee. The prosecution's case, presented by Mr Tim O'Leary SC, relies on the testimony of chief witness Givi Verdzeuli, who claimed to have seen an argument over a game of backgammon, a punch to the chest, blood, and a knife in Khvedelidze's hand. Defence counsel Mr Kerida Naidoo SC challenged Verdzeuli's reliability, noting that he had changed his story after initially telling Gardaí he saw nothing, and that he had been deported to Georgia in 2010. Naidoo also cited a 45‑year‑old Nigerian witness, Sow Unmi, who failed to identify Khvedelidze when shown a photograph.

2015-10-30 · Kerry

Asylum seeker sought assurances over deportation before giving evidence at murder trial, jury hears

During a murder trial in the Central Criminal Court, an asylum seeker, Mr Givi Verdzeuli, 66, requested assurances from the Gardaí that he would not be deported before testifying. Verdzeuli, the main prosecution witness against Georgian defendant Badri Khvedelidze, 33, who pleaded not guilty to the 2005 murder of fellow Georgian George Tkeshelashvili in Tralee, had been deported from Ireland prior to the trial. Garda witnesses confirmed attempts to lift the deportation order so Verdzeuli could return to Ireland to give evidence. Verdzeuli had previously stated he would return to Georgia after testifying and had received no assurances of remaining in Ireland post-trial. Georgian interpreter Lashka Trapaidze testified about a conversation on 19 October, where Verdzeuli expressed anxiety about being sent back and sought proof of non‑deportation. The trial continues before Justice Isobel Kennedy on 2 November.

2015-10-28 · Kerry

Legal argument in trial of Georgian man accused of murder

The jury in the murder trial of 33‑year‑old Georgian Badri Khvedelidze was sent home on Wednesday while the court considers legal arguments. Khvedelidze, formerly of Westward Court, Tralee, has pleaded not guilty to the 2005 murder of compatriot George Tkeshelashvili. The jury will return on Friday to hear further evidence, as Justice Isobel Kennedy explained that the delays are common and the matters to be discussed are legal in nature and for the judge's consideration.

2015-10-27 · Kerry

Asylum seeker bled to death after suffering single stab wound, trial hears

In a trial at the Central Criminal Court, the death of asylum seeker George Tkeshelashvili, aged 57, was examined. Assistant State Pathologist Dr Margaret Bolster testified that Tkeshelashvili died from a single stab wound that was 4 centimetres wide and 8 centimetres deep, penetrating his left lung and severing a major thoracic artery. The wound also caused the left lung to collapse. Dr Bolster described the injury as consistent with a thrusting motion while both parties were standing, with the knife entering near the top of the left lung. Georgian national Badri Khvedelidze, aged 33, who formerly lived at Westward Court, Tralee, Co Kerry, pleaded not guilty to the murder. The trial was scheduled to continue on Wednesday, October 28.

2015-10-23 · Kerry

Witness failed to identify murder accused, trial hears

During the trial of Badri Khvedelidze, a 33‑year‑old Georgian national accused of murdering his compatriot George Tkeshelashvili in a Tralee direct provision hostel in October 2005, a witness named Adeyenka Sow Unmi, a 45‑year‑old Nigerian also living in the hostel, failed to identify Khvedelidze when shown his photograph. Unmi, who had been at the hostel on the day of the alleged incident, had reported hearing loud voices and seeing a fight in a corridor. He later told Gardaí that he saw a man with a knife walking toward him and that he could identify the man with the knife. When Gardaí presented him with eight photographs of people thought to be involved, he identified three men but did not identify Khvedelidze as having been at the scene. Badri Khvedelidze pleaded not guilty.

2015-10-22 · Kerry

Judge dismisses parts of Jarvey licensing action

In a High Court hearing on 22 October 2015, Mr Justice Max Barrett dismissed parts of a judicial review action brought by Killarney Jaunting Cars Ltd against Kerry County Council. The company had sought new or re‑issued licences for horse‑drawn carriages, claiming the council had failed to issue or renew licences and had acted unlawfully. The council argued that only 37 licences could be accommodated due to traffic constraints. The judge found no evidence of a breach of natural or constitutional justice and noted that the company did not hold any current licences, though it had previously held eight. He declined to decide on whether expired licences had automatically reverted to the council, stating he could address that if the court was asked in the future. He urged jarvey operators to obtain current licences and suggested the council consider future licence numbers in light of a pending traffic study. The matter was adjourned to November for further consideration.

2015-10-22 · Kerry

Argument over backgammon led to death, witness tells murder trial

During a murder trial in the Central Criminal Court, witness Givi Verdzeuli, 66, recounted that an argument over a game of backgammon at Westward Court hostel in Tralee led to the stabbing death of George Tkeshelashvili, 57. Verdzeuli described finding an overturned table with a backgammon board and dice on the floor after Tkeshelashvili had died. He said the conflict had started from that point. Badri Khvedelidze, 33, has pleaded not guilty to the murder. The defence is cross‑examining Verdzeuli.

2015-10-21 · Kerry

Witness tells murder trial that deceased was stabbed after he insulted accused's mother

During the murder trial of Badri Khvedelidze, witness Givi Verdzeuli (66) testified that on 15 October 2005 at Westward Court, Tralee, a dispute erupted when George Tkeshelashvili (57) insulted Khvedelidze's mother. Verdzeuli described seeing Tkeshelashvili thrust an open hand at Khvedelidze's mother, prompting Khvedelidze to ask why he was cursed. Khvedelidze then struck Tkeshelashvili in the chest, after which Verdzeuli observed blood gush and a knife appear in Khvedelidze's hand. Verdzeuli ran to fetch a towel, and when he returned Tkeshelashvili was on the ground, unable to stand. An ambulance was called but the parties opted for a taxi to the hospital, where Tkeshelashvili was still in distress. The trial proceeds before Justice Isobel Kennedy and a jury of twelve. Givi Verdzeuli pleaded not guilty.

2015-10-20 · Kerry

Trial of Georgian man accused of murder to resume tomorrow

The murder trial of 33‑year‑old Badri Khvedelidze, a Georgian national, was halted after the jury was dismissed on the first day without hearing evidence. The case, involving the killing of fellow Georgian George Tkeshelashvili in Kerry on 15 October 2005, is set to resume at the Central Criminal Court on Wednesday. Khvedelidze has pleaded not guilty, and Justice Isobel Kennedy explained that such delays are not uncommon and thanked the jury for their punctuality.

2015-10-19 · Kerry

Jury sworn in for trial of Georgian man accused of murder

A jury was sworn in on 19 October 2015 for the trial of 33‑year‑old Georgian Badri Khvedelidze, charged with murdering fellow Georgian George Tkeshelashvili in Kerry on 15 October 2005. Khvedelidze pleaded not guilty at the Central Criminal Court in Dublin. The case will be heard by Justice Isobel Kennedy, with a jury of six men and six women, and is expected to last between seven and ten days.

2015-10-16 · Kerry

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

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

2015-10-13 · Kerry

Bail for Belfast man wanted in connection with IRA attack on Osnabruck

James Anthony Oliver Albert Corry, 46, was arrested in Killorglin, Co Kerry, on a European Arrest Warrant issued by German authorities for alleged involvement in a 1996 Provisional IRA mortar attack on a British army barracks in Osnabruck, Germany, in which three mortar shells were fired. The High Court granted him bail on conditions set by the Minister of Justice and Equality and the court. Conditions include an independent surety of €3,000, residence at a specified address, signing on at a local Garda station, and compliance with standard bail terms. He must not apply for a passport or travel documents, remain within the jurisdiction, maintain good behaviour, keep the peace, and sign on three days per week. The court will closely monitor compliance, and any breach will be brought before the court. Corry is due to appear again on 10 November.

2015-10-09 · Kerry

Germany seeks extradition of Belfast man wanted in connection with 1996 IRA attack on Osnabruck

A 46‑year‑old Belfast man, James Anthony Oliver Albert Corry, appeared before the High Court in Dublin on the day of a European Arrest Warrant issued by German authorities. Corry was arrested in Killorglin, Co Kerry, at about 9 a.m. by Detective Sergeant Seán Fallon, who identified him and showed him the warrant. Corry confirmed his name, birth date (December 1968) and birthplace (Belfast) and admitted a tattoo of a 'J' on his right arm. The warrant seeks his extradition for terrorism‑type offences related to a 1996 Provisional IRA mortar attack on a British army barracks in Osnabruck, Germany, in which three mortar shells were fired. Justice Aileen Donnelly confirmed the identity of the person before the court and remanded Corry in custody until a bail application is expected on Tuesday. The State's counsel noted that a surety would be required if bail were granted.

2015-10-08 · Kerry

Killarney jarvey dispute comes before High Court

In a High Court hearing on 8 October 2015, Killarney Jaunting Cars Ltd sued the local council over its failure to issue or re‑issue jarvey licences. The company, which holds eight of the 37 licences issued by the council, argues that the council's inaction breaches its duties and acts unlawfully. It seeks an order that the council determine annually the number of licences for horse‑drawn hackney carriages and declarations that the council acted contrary to natural justice by not re‑issuing expired licences. The council, now under Kerry County Council, opposes the case, claiming that any order to issue fresh licences would run contrary to the common good. Counsel for the company, David Sutton SC, noted that applications made in 2012, 2013 and 2014 were met with silence, and that in 2015 the council decided not to issue any additional licences after the tourist season. The hearing before Mr Justice Max Barrett continues.

2015-07-30 · Limerick

Thief who preyed on elderly victims is jailed for forcing man to pay over €14k for work worth €1k

Patrick O'Brien, 32, of Abbeyfeale, was sentenced to four years' imprisonment after he defrauded 81‑year‑old Sinclair Downey of €14,200 in 2013. O'Brien had a history of 29 convictions, 12 for theft, many involving elderly victims. He and an accomplice visited Downey three times, claiming to repair a roof. They first quoted €80, then raised the price to €1,700, and later demanded €4,800 for a flat roof that had not been agreed upon. Downey, fearing tax penalties, paid the amounts and signed no contract. O'Brien was caught on CCTV cashing the money at a bank. Garda investigations revealed the work cost far less than claimed. O'Brien pleaded guilty at Dublin Circuit Criminal Court; Judge Martin Nolan described the men as "preying" on Downey and imposed the sentence. The case is pending a similar offence in Tralee Circuit Criminal Court later this year.

2015-07-27 · Laois

Lithuanian man to stand trial in 2016 accused of Laois murder

A Lithuanian man, Deivydas Zigelis, aged 37, will stand trial in 2016 for the murder of a 26‑year‑old Latvian man in County Laois. Zigelis, who lives on Spa Street, Portarlington, was arraigned at the Central Criminal Court and pleaded not guilty to murder but guilty to manslaughter of Alexander Karpov on 15 February 2014. The prosecution's counsel confirmed that a jury would still be required. A jury of seven men and five women was sworn in, but the trial was postponed to the next list, with a new date set for 28 November 2016.

2015-07-23 · Laois

Trial of Lithuanian man accused of Laois murder put back for new date

The trial of Deivydas Zigelis, a 37‑year‑old Lithuanian, charged with murdering a 26‑year‑old Latvian in County Laois, was postponed. Zigelis was arraigned before the Central Criminal Court, pleaded not guilty to murder but guilty to manslaughter of Alexander Karpov. The prosecution confirmed a jury would still be required. Judge Patrick McCarthy said the case will be rescheduled for a future hearing.

2015-07-20 · Laois

Lithuanian man to stand trial this week charged with Laois murder

A Lithuanian man, Deivydas Zigelis, 37, will stand trial this Thursday in the Central Criminal Court for the murder of a 26‑year‑old Latvian man in County Laois. Zigelis, who lives on Spa Street, Portarlington, pleaded not guilty to murder but guilty to manslaughter of Alexander Karpov on 15 February 2014. The prosecution has requested a jury, which has been sworn in and is expected to hear the case for four to five days.

2015-06-24 · Galway

High Court refuses to set aside arbitrator's award

In a 2015 High Court decision, Mr Justice Paul Gilligan dismissed a bid by property developers John and Ann Hickey to overturn an arbitrator's award of €101,000 to Ms Mary Delargy. The award arose from defects in a property at Garrai Glass, Ballydavid South, Athenry, which Ms Delargy purchased for €550,000 in 2008. After taking possession in 2009, she discovered insulation, ventilation and dampness problems and brought a claim for damages. The dispute was referred to arbitration in 2011, where the Hickeys' defence was struck out for failing to comply with a discovery order. In October 2014 the arbitrator awarded €101,000 to Ms Delargy. The Hickeys argued the contract's defect clause was deleted and the arbitrator lacked jurisdiction over major defects, but the court found no reason to set aside the award, noting the Hickeys had effectively walked away from the arbitration process and forfeited their right to challenge the final decision.

2015-06-15 · Kerry

Four-year sentence for Polish man who sexually assaulted woman in street attack

In a 2015 Central Criminal Court hearing, Mieczyslaw Sudol, a 42‑year‑old Polish tiler, received a four‑year prison sentence with the final two years suspended for sexually assaulting a woman on a street in County Kerry. The victim, who was on the phone with a friend, was followed by Sudol after she left a night out. He snatched her phone, grabbed her throat, pulled down her dress and sexually assaulted her before fleeing with her phone. Sudol pleaded guilty on 5 May 2008, had no prior convictions, and was arrested in 2008 for an unrelated incident. DNA recovered from the victim's fingernails linked him to the crime. The judge, considering Sudol's early guilty plea, clean record and cooperation, imposed the sentence back‑dated to his June 2014 custody entry.

2015-05-20 · Waterford

Suspended sentence for man who took part in violent robbery of farmer on visit to capital

Philip Connolly, 39, pleaded guilty to the violent robbery of 67‑year‑old farmer David Feeney on Railway Street, Dublin, on 14 May 2013. Judge Mary Ellen Ring, after reviewing evidence including a photograph of Feeney's injuries, imposed a suspended sentence of two and a half years, with 18 months suspended on condition Connolly keeps the peace. Connolly is currently in a rehabilitation programme working on a farm, while Feeney, who can no longer work his land, has physically recovered but suffers ongoing consequences. Connolly's co‑accused, Leigh O'Connell, 28, had 100 previous convictions and was sentenced to four years, with the final two and a half years suspended on condition he continues addressing his drug problems. The robbery involved a head‑lock, assault, and theft of money, a phone and a driver's licence, and was captured on CCTV. The case was heard in the Dublin Circuit Criminal Court.

2015-05-19 · Dublin

Jail for Angolan refugee who grabbed woman walking alone at night

Chico Makamda, an Angolan refugee aged 32, was sentenced by Dublin Circuit Criminal Court to three years in jail, with the final year suspended, for false imprisonment of Melita Cahill on 7 August 2013. The incident occurred around 2 a.m. on Blessington Street when Makamda grabbed Cahill's right wrist, shouted "you drank too much bitch," and attempted to drag her into a laneway. Cahill fought back, punched and kicked him, and escaped after a male passerby intervened. Makamda was arrested shortly thereafter at a nearby bus stop. Cahill's victim impact statement noted that the event left her with lasting anxiety and panic attacks, preventing her from walking alone at night. The judge acknowledged Makamda's limited English and hardship as a foreign national in custody. The sentence was delayed due to a prior conviction in Tralee District Court for indecent exposure, for which Makamda was fined €50. Chico Makamda pleaded guilty.

2015-05-18 · Kerry

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

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

2015-03-26 · Dublin

Suspended sentence for man who punched acquaintance leaving him with serious brain damage following row over €5

Colm MacDonald, 57, a retired painter and decorator from Killarney, was given a suspended three‑year prison sentence after pleading guilty to assault causing harm. The offence occurred on Foley Street on 9 August 2013 when MacDonald punched Christopher Coakley, who suffered serious brain damage after being hit and falling onto a concrete footpath. Coakley spent six months in hospital and ten months in a rehabilitation centre, and continues to experience severe cognitive deficits, requiring ongoing care and relearning basic reading and writing skills. The court noted that Coakley's pre‑existing alcohol problem may have contributed to his injuries, and that MacDonald had no intention to seriously injure him but was extremely reckless. Judge Martin Nolan highlighted MacDonald's good character, work history and age, and the medical evidence as mitigating factors, leading to the suspended sentence. The case was heard at Dublin Circuit Criminal Court.

2015-03-23 · Kerry

Substitute PE teacher jailed for assaulting his ex-girlfriend in school car park

In a 2015 Central Criminal Court hearing, David Henry, 28, was convicted of assault causing harm after he beat his ex‑girlfriend, Evangeline O'Neill, in a school car park in Tralee on 17 June 2012. O'Neill, aged 22 at the time, described being straddled, punched and slapped, suffering black eyes and jaw soreness. Henry pleaded not guilty; a jury found him guilty by a 10‑to‑1 majority. Judge Patrick McCarthy imposed a three‑year sentence, suspended the last 18 months on condition of peace, and back‑dated it to 28 January when Henry entered custody. The deputy principal of St. Oliver's Community College, Una Kirk, testified as a character witness, noting Henry's professional conduct as a substitute PE teacher. O'Neill's victim impact statement highlighted lasting trauma, and Garda Aidan Carey recounted the abusive texts and events leading to the assault. Henry admitted using excessive force and expressed contrition, which the judge acknowledged in his sentencing remarks.

2015-03-02 · Kerry

Body-in-bog murderers bring appeal against conviction

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

2015-02-18 · Kerry

Former council worker's conviction for sexual assault "safe", finds Court of Appeal

The Court of Appeal ruled that the conviction of a 61‑year‑old former Kerry County Council worker for sexually assaulting four girls was "safe" and dismissed his appeal. The man, who was jailed for eight years in 2012 after being found guilty of 29 counts of sexual assault between 2003 and 2008, had failed to sustain any grounds of appeal. The appeal was dismissed by Mr Justice John Edwards, who noted that the defendant had worked for a family business on weekends and was a partner of the victims' aunt. The court found that the defendant had repeatedly abused the girls, who ranged in age from 10 to 14, in various settings including the home and after school. The defendant was returned to prison to serve the remainder of his sentence. The unnamed 61-year-old pleaded not guilty.

2015-02-04 · Dublin

Hungarian man who cultivated cannabis to help sleep condition avoids jail term

Istvan Hatos, 31, pleaded guilty in Dublin Circuit Criminal Court to cultivating cannabis at his home to treat sleep apnoea. Gardaí raided his house on 17 February 2014 and found 32 mature plants in two tents upstairs, 10 immature plants in a downstairs bathroom, and dried leaves on a bedroom door. Hatos said he bought seeds online, learned growing from YouTube, and had not intended to sell the crop, hoping instead to have a year's supply for his condition. He had previously been convicted of using a false instrument to claim welfare. Judge Martin Nolan noted the unexpected success of the cultivation, Hatos' cooperation, and lack of intent to sell, and sentenced him to 18 months in prison, suspended on strict conditions.

2015-01-30 · Dublin

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

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

2015-01-28 · Dublin

Kerry man avoids jail term for ambush and attempted robbery of woman in park

In a Dublin Circuit Criminal Court hearing, Damien Fleming, 28, was found guilty of attempting to rob a woman in Herbert Park, Ballsbridge, on 4 November 2013. He ambushed the woman from behind, slapped her over the mouth, and fled when she escaped. Three passers‑by apprehended him and handed him over to Gardaí. A carpet knife was later discovered in his pocket, though it was not presented during the incident. Fleming claimed he was in a drinking binge and had intended to take money from the victim, but changed his mind. Judge Martin Nolan sentenced him to a suspended three‑year term and ordered him to pay the victim over €8,000, with the court deciding the payment's destination if the victim rejects it. Fleming, who has three prior assault and public‑order convictions, is now living in Cork and has reportedly completed a residential alcohol‑treatment course.

2015-01-16 · Kerry

Former company director gets community service for handling stolen dumper truck

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

2014-12-18 · Kerry

High Court approves transfer of Killorglin Credit Union assets

The Central Bank secured High Court orders for the transfer of assets and liabilities from Killorglin Credit Union (KCU) to Tralee Credit Union. Ms Justice Iseult O'Malley approved the transfer after counsel explained that it would not affect KCU members or employees and that it was in the public interest. Tralee Credit Union had won the bid to acquire KCU's assets and liabilities. KCU had failed to restore its Regulatory Reserve Ratio to the required 10% and could not secure the funding needed to meet regulatory obligations. The Central Bank had been aware of difficulties at KCU since 2010, citing poor lending and credit control practices. The previous board had resigned, but the current board was not a concern for the Central Bank. The transfer will result in a credit union operating in Killorglin, but not under the KCU name.

2014-10-30 · Kerry

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

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

2014-10-21 · Laois

Laois man who raped and sexually assaulted his step-daughter sentenced to 14 years

Noel Maher, aged 42, was sentenced to 14 years in prison for raping and sexually assaulting his step‑daughter Amy Kenna over an eight‑year period. The abuse began when Kenna was ten and escalated to rape when she was thirteen, continuing until 2009. A seven‑day trial in July found Maher guilty of three counts of sexual assault between 2001 and 2007 and 34 counts of rape between 2005 and 2009, all at various locations in County Laois. The judge, Justice Garrett Sheehan, noted the victim's suffering and praised her courage, imposing a 14‑year sentence with the last two years suspended on the condition that Maher participate in a sex‑offender programme while incarcerated. The case highlighted the persistent, threatening nature of the abuse and the victim's ongoing recovery efforts.

2014-07-09 · Dublin

Important case for workers comes before High Court

In a High Court case, beautician Magdalena Glegola sues the State over unpaid wages. She was dismissed in November 2011 when Metro Spa Ltd was wound up. After a Rights Commissioner awarded her €16,000, she applied to the Minister for Social Protection for payment from the Social Insurance Fund but received none because the State requires a liquidator or receiver before a company is deemed insolvent. Glegola argues that EU Directive 2008/94 and the Protection of Employees Acts entitle her to receive part or all of the award from the fund. She seeks a declaration that the State breached the directive by imposing the liquidator requirement, that it failed to transpose the directive correctly, and damages. The case is considered significant for employees of companies that cease trading. The High Court has granted leave to proceed and set a return date for October.

2014-06-04 · Dublin

Examiner appointed to Copper Bar & Grill

The High Court confirmed that Mr. Joseph Walsh of Chartered Accountants Hughes Blake has been appointed as examiner for Copper Bar & Grill Ltd., a South Dublin bar and restaurant employing 29 people. The 10,000‑sq‑ft premises, located on Blackthorn Road Beacon South Quarter in Sandyford, began trading last year and has been declared insolvent. An independent accountant's report indicates the company could survive if it secures fresh investment and obtains court approval for a scheme of arrangement devised by the examiner with creditors. TV chef Lee Bradshaw objected to the appointment, alleging the process aims to avoid legal fees awarded to him in a High Court bid for injunctions against the termination of his employment or an alleged partnership agreement. Bradshaw's lawyers sought €126,000 in costs, but the company's counsel argued there was no evidence that the examinership was intended to frustrate the costs order. Mr.

2014-05-09 · Cork

Two Cork men jailed for six years for possession of handguns

The Special Criminal Court sentenced Anthony Carroll (31) and Brian Walsh (44) to six years' imprisonment for the unlawful possession of firearms. Both men pleaded not guilty to possessing a Walther PI 9mm semi-automatic pistol, a Smith & Wesson .22mm Magnum revolver, and 12 rounds of ammunition found in a van on Deanrock Avenue, Togher, on February 23, 2013. The court found sufficient evidence of joint enterprise and unlawful purpose. Justice Paul Butler imposed a seven-year sentence, reduced by one year for the manner of the trial, resulting in a net six-year term. Sentences were backdated to April 25, 2013, for Carroll and February 25, 2013, for Walsh. The State entered a Nolle Prosequi regarding a charge of IRA membership. Carroll's prior four-month suspended sentence for pepper spray possession was noted, with its lifting currently under appeal. The judge stated that neither defendant provided credible indications of future conduct to warrant further suspension.

2014-04-11 · Cork

Two Cork men guilty of possession of handguns found in pencil case

Two Cork men, Anthony Carroll (30) of Curaheen Close, Bishopstown, and Brian Walsh (43) of Connolly Road, Ballyphehane, were found guilty by the Special Criminal Court of the unlawful possession of a Walther pistol, a Smith & Wesson revolver, and 12 rounds of ammunition at Deanrock Avenue, Togher, on February 23, 2013. Both pleaded not guilty to the charges, which also included the possession of a Walther PI 9mm calibre semi-automatic pistol, a magazine suitable for use with the Walther pistol, a Smith & Wesson .22mm Magnum calibre revolver with the serial number AEM 2000, six rounds of 9mm calibre ammunition suitable for use with the Walther PI 9mm calibre semi-automatic pistol, and six rounds of .22 long rifle rounds of ammunition suitable for use in a Smith & Wesson .22 magnum calibre revolver at the same address on the same date. The court heard that the firearms were found inside a pencil case in a van the men were stopped in. Mr Justice Paul Butler stated that the court was satisfied that both men were jointly involved in an enterprise that included the firearms and ammunition. He remanded Brian Walsh in custody for sentencing before the court on May 9 and remanded Anthony Carroll to Cork District Court, as he is currently serving a four-month suspended sentence imposed by that court.

2013-12-05 · Dublin

Farmer who drove without insurance for sick heifer escapes disqualification

Richard Coleman, a 29‑year‑old farmer from Drumlattery in Skerries, Co. Dublin, pleaded guilty in Balbriggan District Court to driving without insurance on 29 June at Rathmore Road, Lusk. He had been stopped by Garda John Lennon who confirmed he had no insurance cover at that time. Coleman claimed he had paid a premium cheque two days earlier, but the insurance company returned it because the premium was higher than quoted. He did not receive the cheque until 31 June and was stopped before it was returned. Defence solicitor Mary Arnold noted he had taken out new insurance on 1 July. Coleman explained he drove to a vet to obtain antibiotics for a sick heifer, fearing the animal would die otherwise. Judge Dermot Dempsey accepted his explanation, decided not to disqualify him, but warned that as this is his third no‑insurance conviction he will face custody if he commits a similar offence again. He was fined €500.