Court archive

Court reports mentioning Spa, Kerry

2024-04-16 · Kerry

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

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

2024-03-21 · Dublin

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

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

2024-03-15 · Kerry

Italian company seeks return of over €500k in jewels

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

2023-10-31 · Galway

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

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

2022-11-14 · Galway

Hotelier jailed for raping employee (17) must await appeal fate

Brian Shaughnessy, aged 56, was convicted in March 2013 of raping a 17‑year‑old employee at his Loughrea Hotel and Spa. He received a six‑year sentence with one year suspended, imposed by Mr Justice Garrett Sheehan on 10 June 2013. Shaughnessy appealed, claiming his defence counsel was incompetent and that a missing 1 hour 15 minutes in the timeline undermined the victim's account. The Court of Appeal rejected the appeal in April 2020. He then applied to the Supreme Court, which remitted the case back to the Court of Appeal in March 2023. The Court of Appeal today reserved judgment, noting that the evidence presented did not establish incompetence of his legal team. Shaughnessy must now await the final decision on his appeal.

2022-07-26 · Galway

Ex-hotelier jailed for rape says his defence was not put to jury

Brian Shaughnessy, a former hotelier aged 55, was convicted in March 2013 of raping a 17‑year‑old employee at his Loughrea Hotel and Spa. He was sentenced to six years' imprisonment with one year suspended. Shaughnessy appealed, claiming his defence counsel had not adequately presented his version of events, particularly a two‑hour period he alleged the victim spent in the room after the assault. He argued that key card and phone records, which he supplied to his lawyers, were not examined by the jury. His appeal was rejected in April 2020, but he successfully applied to the Supreme Court, which sent the case back to the Court of Appeal in March 2023. At the Court of Appeal, Shaughnessy reiterated that his defence was not put to the jury and that the two‑hour claim had been raised repeatedly with his legal team, yet was not pursued during the trial.

2020-12-02 · Louth

Planning permission quashed for 660 new homes near Battle of Boyne site

In a 2020 High Court decision, Mr Justice Denis McDonald quashed An Bord Pleanala's approval of a development at Rathmullen, Drogheda, that would have added 661 homes, a neighbourhood centre and a creche. The judge found the board's decision "wrong in law" because it failed to properly assess the impact on bird species in the Boyne Estuary Special Protection Area and on four nearby Natura 2000 sites. The court held that the board had not carried out the required high‑tide survey of rare birds, a requirement under the EU Habitats Directive, and had incorrectly considered mitigation measures. The decision was challenged by Highland Residents Association and Protect East Meath Ltd, who argued the board had ignored ecological and historical concerns. The case will return for final orders at a later date.

2020-03-24 · Louth

Planning permission for major housing development given in error, board indicates

The High Court heard that An Bord Pleanála indicated planning permission for a 450-unit housing development in Drogheda ought not to have been granted. The proposed project, located south of the Marsh Road, includes offices and a creche. Protect East Meath Ltd, represented by John Kenny BL and solicitor Fred Logue, brought judicial review proceedings seeking to quash the board's November 2019 decision. The applicants alleged the board failed to properly consider the impact on the Boyne Estuary Special Area of Conservation, specifically regarding bird and bat populations, and breached EU Habitats and Environmental Impact Assessment directives. They sought declarations that the board erred in law. The case was admitted to the High Court's fast-track strategic infrastructure development list. Before Mr Justice Denis McDonald, the court noted the board was prepared to concede the case, which would require developer Ravala Ltd to make a fresh application. However, Ravala Ltd, a notice party, indicated it may continue the proceedings to defend the board's decision. Mr Justice McDonald directed Ravala to make submissions outlining how it proposes to proceed given the board's indication. The matter was adjourned to a date in May.

2020-02-27 · Galway

Hotel owner jailed for rape was unhappy with previous legal team, appeal hears

Brian Shaughnessy, a 53‑year‑old former Galway hotel owner, was convicted of raping an employee in the Loughrea Hotel and Spa's Presidential Suite after buying her drinks and asking to confide in her. The Central Criminal Court jury found him guilty on 26 July 2010, and he received a six‑year sentence with the final year suspended by Mr Justice Garrett Sheehan on 10 June 2013. Shaughnessy has now lodged an appeal, arguing that his previous legal team failed to prepare or conduct his defence adequately. His new barrister, Hugh Hartnett SC, claims new evidence was omitted from the transcript and that the trial judge mis‑informed the jury about the victim's demeanour. The Court of Appeal will consider these arguments, with counsel for the former team and the Director of Public Prosecutions presenting counter‑arguments, and the court has reserved its judgement. Brian Shaughnessy pleaded not guilty.

2019-12-02 · Waterford

Dispute over asthma treatment patents comes before commercial court

A dispute over patents for asthma and COPD treatments has been brought before the Commercial Court by Teva Pharmaceuticals Ireland, trading as Norton (Waterford) Limited, against Italian company Chiesi Farmaceutici SPA. Teva alleges that three patents, granted in 2007 and 2008 and set to expire in 2027 and 2028, are invalid due to lack of novelty, an obvious inventive step and insufficient disclosure. The case was admitted to the fast‑track list by Mr Justice David Barniville on the consent of Chiesi, represented by Michael Howard SC, and is scheduled for an April hearing.

2019-11-11 · Dublin

Clontarf residents bid for "special conservation" designation for proposed housing lands

In a High Court action brought by Clonres CLG, residents of Clontarf seek to have lands at St Paul's, Sybil Hill, Dublin 3 designated as a special area of conservation (SPA). The group argues that the former playing pitches, now a feeding ground for light‑bellied brent geese and black‑tailed godwit, should be protected under the EU Habitats Directive, Birds Directive and the 2011 European Communities (Birds and Natural Habitats) regulations. The case is against the Minister for Arts, Heritage and the Gaeltacht, the Attorney General and Crekav Trading GP Limited, the developer planning a major housing scheme. Crekav, part of the Marlet property group, has applied to have the matter fast‑tracked in the Commercial Court, claiming the residents' action could hinder its development plans and that the lands are worth tens of millions of euros.

2019-05-30 · Kerry

Council quashes planning decision made in favour of Danny Healy-Rae company

Kerry County Council has agreed to quash a planning decision granted to Healy Rae Plant Hire Limited, a company owned by Independent TD Danny Healy-Rae, following a High Court challenge. Environmental campaigner Peter Sweetman, represented by Margaret Heavey BL and solicitor Aoife O'Connell, launched the action last July to set aside the Council's June permission to raise a field in Kilgarvan with construction and demolition waste. The proceedings, which were adjourned on several occasions, were briefly mentioned before Mr Justice Seamus Noonan on Thursday. The judge noted that the action had been resolved after the Council agreed to quash the decision. Healy Rae Plant Hire Ltd was a notice party but took no part in the proceedings. Mr Sweetman was granted the costs of the complex action. In his claims, Mr Sweetman alleged that the developer obtained permission to place over 50,000 tonnes of inert waste on a 1.8-hectare field with peaty soils, claiming the Council failed to consider the need for a waste licence or environmental impacts such as leachate and gas. He further alleged the decision contravened the Kerry Development Plan without an Environmental Assessment or Appropriate Assessment, despite the site's proximity to Killarney National Park Special Protection Area. The part of the judicial review involving the State became moot after the Council agreed the planning decision could be quashed.

2019-03-07 · Offaly

Driver committed to Central Mental Hospital after manslaughter verdict declared "perverse"

In a case heard at Tullamore Circuit Criminal Court, Polish national Dariusz Alchimionek, aged 44, was found guilty of manslaughter and assault causing harm after a vehicle he drove collided with the Gorman brothers' car. The incident occurred on 29 December 2015 near Ballycrystal, Offaly. Alchimionek had claimed he believed the Islamic State would invade Europe and trigger a world war. Both prosecution and defence psychiatrists, employed at the Central Mental Hospital, agreed he met the criteria for not guilty by reason of insanity. The jury, after 2 hours 50 minutes, returned a 11‑1 guilty verdict on both counts. He was sentenced to nine years, with three years suspended. The Court of Appeal later quashed the verdict, describing it as "perverse" and ordered Alchimionek's commitment to the Central Mental Hospital as an inpatient. The decision was based on a recent assessment by Dr Paul O'Connell, who confirmed Alchimionek's continued need for detention.

2019-02-26 · Offaly

Man committed to Central Mental Hospital after killing verdict declared "perverse"

The case of Dariusz Alchimionek (44), a Polish national from Portarlington, Co Laois, has been adjourned to March 7 for mention following a ruling by the Court of Appeal. The Court of Appeal found the jury verdict of guilty on charges of manslaughter and assault causing harm to be 'perverse' and against the weight of the evidence. Alchimionek had previously been found not guilty by reason of insanity by the jury, but the verdict was overturned. Consultant psychiatrists from both the prosecution and defence agreed that Alchimionek met the criteria for not guilty by reason of insanity. The trial judge had instructed the jury to consider this option, but the jury returned a majority guilty verdict of 11-1 on both counts. Alchimionek was sentenced to nine years imprisonment with the final three suspended by Judge Keenan Johnson in October 2017. The Court of Appeal quashed the verdict and considered the possibility of a retrial or substituting the appropriate verdict. However, the court decided against a retrial, citing the public interest and the likelihood of the same outcome. Alchimionek was committed to the Central Mental Hospital for assessment, with the most recent medical report from July 2017. The matter was adjourned to March 7 for mention.

2019-02-19 · Offaly

Court "compelled" to quash driver's manslaughter verdict in "exceptional" case

In a 2019 case, the Court of Appeal quashed a jury verdict that convicted Polish driver Dariusz Alchimionek, 44, of manslaughter and assault after he allegedly caused the death of 19‑year‑old John Gorman and injured Gorman's brother Adam on 29 December 2015. The incident occurred when Alchimionek's vehicle crossed the road into the path of the brothers' car near Ballycrystal, Offaly. Both prosecution and defence psychiatrists, working at the Central Mental Hospital, agreed that Alchimionek met the criteria for not‑guilty by reason of insanity. The jury, after 2 hours 50 minutes of deliberation, returned a 11‑to‑1 guilty verdict, leading to a nine‑year sentence with a three‑year suspended portion. Alchimionek's lawyers appealed on the ground that the verdict was "perverse" and contrary to the evidence. Dariusz Alchimionek was found not guilty by reason of insanity.

2019-01-24 · Offaly

Jury's verdict in manslaughter case "perverse", lawyers say

In a 2019 case, Polish driver Dariusz Alchimionek, aged 44, was found guilty of manslaughter and assault after a December 2015 incident in which he collided with the Gorman brothers, killing 19‑year‑old John Gorman and injuring Adam. The jury, after 2 h 50 min deliberation, returned a 11‑1 guilty verdict on both counts, despite psychiatrists agreeing he met the criteria for not guilty by reason of insanity. Alchimionek was sentenced to nine years' imprisonment, with the final three years suspended. His defence counsel appealed, arguing the verdict was "perverse" and that the jury's decision contradicted expert evidence. The Court of Appeal has reserved judgment on the appeal. The case remains at the appeal stage.

2018-12-18 · Dublin

Jail for man who told security guard he'd kill him after finishing pizza

Matthew Ellis, 38, was sentenced to three and a half years in prison, with the final 12 months suspended, after pleading guilty to threatening to kill a shop security guard. The incident occurred on 26 October 2017 at Spa Road, Inchicore, when Ellis, holding five bullets between his teeth, told the guard he would return after finishing his pizza to kill him. He also called the guard a "garda informer" and claimed ownership of Inchicore. Gardaí intervened, confiscated the bullets, and Ellis was taken into custody. He had 71 prior convictions, including assault, burglary, knife possession, drug dealing and robbery. Ellis's defence cited his intoxication, a perceived slight over shop entry, and his history of drug addiction. The judge noted his guilty plea, remorse, poor physical and fragile mental health, and previous drug‑treatment efforts, and accepted a €5,000 compensation from his family.

2018-11-30 · Offaly

Polish officials watching case of driver found guilty despite meeting insanity criteria, court told

In a case watched by the Polish Embassy in Dublin, Polish national Dariusz Alchimionek, aged 44, was found guilty of manslaughter and assault causing harm to Adam Gorman, the brother of 19‑year‑old John Gorman, after a vehicle he drove collided with their car on 29 December 2015. The incident occurred while the brothers were returning from Tullamore. Alchimionek claimed he believed the Islamic State would invade Europe and trigger a world war. Consultant psychiatrists for both sides agreed he met the criteria for not guilty by reason of insanity, yet the jury, after 2 hours 50 minutes of deliberation, returned a 11‑1 guilty verdict on both counts. He was sentenced to nine years' imprisonment, with the final three years suspended. Alchimionek has appealed, arguing the verdict was "perverse" and seeking treatment in the Central Mental Hospital. The Court of Appeal has scheduled a hearing for 24 January, with the Polish Embassy observing the proceedings.

2018-10-17 · Dublin

Man told security guard he would kill him "once he'd finished pizza"

In a Dublin Circuit Criminal Court hearing, Matthew Ellis, aged 38, admitted to threatening a shop security guard, Patrick Collins, that he would return to kill him after finishing a pizza. Ellis claimed he knew the guard's shift end time and would come back once he had eaten. He had previously threatened the guard earlier that day and returned around 9 pm holding five bullets between his teeth, which he displayed to the guard. He called the guard a "garda informer" and shouted, "You finish at ten o'clock. I own Inchicore. I'm gonna kill you." Gardaí were called, stopped Ellis, and the bullets fell from him. Ellis pleaded guilty to making a threat to kill or cause serious harm. He has been in custody since the incident and has 71 prior convictions, including assault, burglary, possession of knives, drug dealing and robbery.

2018-10-16 · Kerry

Serie A agent secures freezing orders over alleged non-payment of rights money

Infront Italy SPA, acting as an agent for the Serie A Professional Football League, obtained a High Court freezing order to prevent Media Partners & Silva Limited from reducing its assets below €18 million. The order arose from a dispute over payments for the international audiovisual rights to Serie A matches, which Media Partners & Silva had agreed to hold from the 2015‑16 to the 2017‑18 seasons for €4.68 million per season. Infront claimed that, as of June 2018, it was owed approximately €22 million, a debt acknowledged by the defendant's CEO. Media Partners & Silva had agreed to monthly payments of €5.5 million from September to December 2018, but none were made. The court granted the injunction ex‑parte on Tuesday, with a return hearing scheduled for the following week. The order aims to protect Infront's interests amid concerns that the defendant may dissipate assets or be insolvent.

2018-10-15 · Offaly

Guilty jury verdict in insanity case causing DPP difficulty, appeal court hears

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.

2018-07-30 · Kerry

Challenge to planned field work by Healy Rae company

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.

2018-07-02 · Galway

Residents launch challenge against Galway waste facility

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.

2017-07-24 · Kerry

Criminal is jailed for sexually assaulting "vulnerable" woman while on "drunken spree"

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.

2017-07-17 · Kerry

"I am the first to agree I deserve a custodial sentence": burglar who sexually assaulted "vulnerable" woman

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.

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.

2016-10-24 · 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.

2016-07-26 · 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.

2016-06-21 · 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.

2016-06-17 · 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.

2016-03-02 · 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.

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.

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.