McSorley Investments Limited, holding about 20% of Walls Construction Holding Limited (WCHL), has applied to the High Court for an injunction to stop WCHL and several board members from approving a proposed Growth Share Scheme at the next board meeting. The claim argues that the scheme would dilute and oppress McSorley's interests and that it contravenes the 2015 Subscription and Shareholders Agreement, which requires all parties' consent for new share issues. McSorley also seeks an order preventing any other share‑issuing scheme without its approval and, if necessary, the cancellation of any scheme implemented without consent. The court, hearing the case ex‑parte, granted McSorley permission to serve short notice of the injunctions and adjourned the matter for a week. The dispute centres on the proposed allocation of a large volume of shares to new management, raising concerns about fairness, tax implications and potential dilution of existing shareholders' stakes.
Elizabeth Theresa Mansfield, a retired nurse and full‑time carer, brought a High Court action against Pepper Finance Corporation (Ireland) DAC, its receiver Sharon Barrett of Kroll Advisory, and auctioneer Ger Carmody Auctioneers, claiming that the receiver was attempting to sell her fully paid apartment at Kings Court Apartments, Manor West, Tralee, Co Kerry. Mansfield said she had repaid the €82,000 mortgage in full in early November after retiring, yet the receiver had not withdrawn the property from sale and had failed to engage with her. She also alleged she was owed €13,000 from rental income and that the management company had not communicated with her. The case was resolved after settlement: the property would no longer be sold, the receiver discharged, and Pepper would receive rental income. The High Court struck out the proceedings, praising the parties' efforts for a sensible resolution.
The Workplace Relations Commission ordered Bus Éireann to pay €1,250 in compensation to Elizabeth Burke and Annie Burke for discrimination. The adjudicating officer upheld Equal Status Act complaints alleging the women, members of the Traveller community, were subjected to aggressive behaviour by driver Richard Robinson after a bus pass incident in Killarney. Ms. Burke claimed she accidentally used her husband's pass, while Ms. Burke stated the driver threatened to call Gardaí. Mr. Robinson denied discrimination, claiming he was respectful and would not know if a passenger was Traveller. Adjudicator David James Murphy found this statement damaged the driver's credibility, noting that distinct accents are common in the Traveller community and that a frontline worker in the south-west would likely be aware of this. The officer accepted the complainants' accounts over the driver's. Elizabeth Burke was awarded €500, and Annie Burke was awarded €750, with the latter sum reflecting that she was the party shouted at. Karen Tess of Mannix & Co LLP represented the applicants, while Hugh Hannon appeared for Bus Éireann. The matter was concluded with this final decision and compensation order.
A 43‑year‑old man, Neilus Cooney, was sentenced to two and a half years in prison for repeatedly punching a woman in her own home and threatening to slice and kill her. He also threatened to kill two Gardaí who came to the woman's aid after she fled and called for help. Cooney, who was armed with scissors, threatened a Sergeant from the Emergency Response Unit and claimed to have a firearm. He pleaded guilty to assault, causing harm, and threatening to kill the woman and a Garda. The judge imposed a headline sentence of four years, reduced to three years with six months suspended, and ordered him to keep the peace, undergo probation supervision for one year, and attend addiction services. The court noted his significant medical issues, remorse, and early plea as mitigating factors. The case was heard at Dublin Circuit Criminal Court.
Three family members and a teenager accused of murdering Thomas 'Tom' Dooley, 43, will be tried at the Central Criminal Court in Dublin on 29 May 2024. The defendants are Patrick Dooley (35), Thomas Dooley Senior (41), Thomas Dooley Junior (20) and a 17‑year‑old boy who cannot be named. They are charged with the murder of Mr Dooley at Rath Cemetery, Rathass, Tralee, on 5 October 2022, after he was attacked by a group of men while attending a funeral. Thomas Dooley Junior is also charged with assault causing serious harm to Mr Dooley's wife, Siobhán, and the teenager is charged with producing an article likely to intimidate or cause serious injury to Ms Dooley. Mr Dooley died after the attack; Siobhán suffered serious injuries. The court set the trial for the four defendants, with a mention scheduled for 10 July 2024 to allow the defence to receive case materials.
In a case heard at the Central Criminal Court, Martin Burke, aged 26, was convicted of three counts of sexual assault and acquitted on one. The offences occurred on the night of 26 August 2018 in a Kerry town. Burke first assaulted a woman who had known him from a previous encounter; after a party involving alcohol and cannabis, he entered her spare room, bit her cheek and sexually assaulted her. She escaped to a shed, kicked him, and he fled. He later entered the bedroom of a second woman who was sleeping with her boyfriend. He asked if she was alright, grabbed her breast, left, returned, and touched her thigh under the sheets. The second victim kicked him and he left. Burke pleaded not guilty. Judge Paul McDermott sentenced him to five and a half years, suspending the final 12 months on the condition of probation for three years, and ordered him to stay away from both victims.
In the Central Criminal Court, a 16‑year‑old victim of rape by two older boys disclosed that the assaults led her to develop an eating disorder as a means of self‑harm. The older defendant, 17 at the time of the offence, was convicted of one count of rape, one of oral rape and two of sexual assault; the younger, 15, was convicted of one count of oral rape and one of sexual assault. The attacks occurred over two‑and‑a‑half hours on the night of 26 July 2020 in a remote lane near a Co Kerry town, while the victim was intoxicated. Justice Michael McGrath sentenced the older offender, now 19, to five years and five months' imprisonment, suspending the final year on condition of good behaviour and probation. The younger offender, now 17, received a three‑year detention order, back‑dated to 31 July.
In a High Court case, the County Kerry Coursing Club and Ballybeggan Park Company Limited resolved a dispute over access to the former Tralee Racecourse grounds for hare coursing. The club had been locked out of Ballybeggan Park since 18 June after new locks were installed, prompting the club to sue the company. The court heard that the club, the largest shareholder, claimed the company had no right to deny sporting access and alleged a sale of the land for €5 m was undervalued. The company denied wrongdoing, citing security concerns and a desire to frustrate the sale. After negotiations outside court, Mr Justice Brian O'Moore was informed the parties had settled amicably. The settlement was based on conditions to be fulfilled, and the court adjourned the case generally, allowing re‑entry if needed. No further details were disclosed.
A woman giving evidence at Dublin Circuit Criminal Court has described being moved between rural towns weekly while allegedly trafficked for sexual exploitation. The complainant, who cannot be named, told the trial she was relocated from locations including Portarlington, Enniscorthy and Tralee, and kept a knife for protection following violent incidents with clients. She said she received instructions via phone and messaging apps from two women regarding services to be provided and payment collection, with no option to refuse work or relocation. Natalia Nogueira Da Silva, aged 32, of Drumlish, County Longford, has pleaded not guilty to human trafficking between March and May 2019, but guilty to organising prostitution, facilitating illegal entry to the State, and money laundering charges. Ivanilce Vailones Fidelis, aged 46, of Roscommon, denies all eighteen counts against her, including two counts of human trafficking and fourteen counts of money laundering. The prosecution alleges both defendants exploited vulnerable Brazilian women through debt bondage. The trial continues at Dublin Circuit Criminal Court.
Two women have gone on trial at Dublin Circuit Criminal Court on charges relating to the alleged trafficking of Brazilian nationals for sexual exploitation across rural Irish towns. Natalia Nogueira Da Silva, aged 32, of Drumlish, Co Longford, has pleaded not guilty to human trafficking but guilty to organising prostitution, facilitating illegal entry, and money laundering offences. Her co-accused, Ivanilce Vailones Fidelis, aged 46, of Roscommon, has pleaded not guilty to all charges against her, including two counts of human trafficking, organising prostitution, and money laundering. The prosecution alleges the two women trafficked vulnerable women between December 2018 and May 2019, moving them between towns including Portarlington, Thurles, and Tralee for sexual work. The State contends the women were controlled through debt bondage and threats. The trial, before Judge Patricia Ryan and a jury, is expected to last six weeks.
Patrick Dooley, 35, of Arbutus Grove, Killarney, Co Kerry, remains in custody after the Court of Appeal dismissed his appeal against the High Court's refusal of bail. Dooley is charged with murdering his brother, Thomas Dooley, on 5 October at Rath Cemetery, Rathass, Tralee, under Common Law. The High Court denied bail on 26 October, citing community risk and flight risk. Justice John Edwards agreed with the High Court's concerns and upheld the bail rejection, leaving Dooley in custody.
The Court of Appeal upheld a 12‑year sentence for John Faulkner, a getaway driver in a burglary gang that targeted elderly homes during mass. Faulkner, aged 40, was convicted of burglary, dangerous driving and endangerment. The judge imposed 12 years for burglary, two years for endangerment and six months for dangerous driving, and disqualified him from driving for 20 years. The appeal argued the sentence was disproportionate compared to co‑accused sentences of nine years with two suspended, but the appellate court held the 12‑year term reflected the totality of offences. The case involved a robbery at a home in Freemont, Charleville, where Faulkner drove the getaway vehicle, pursued by Gardaí, before crashing into a Garda car. The appeal was dismissed. John Faulkner pleaded not guilty.
A 41-year-old man, Maciej Masznic, has failed in his appeal to have his conviction and seven-and-a-half year sentence for drugs offences overturned. Masznic had pleaded not guilty to five charges contrary to the Misuse of Drugs Act 1977. A jury found him guilty of being in possession of cannabis and methylamphetamine for unlawful sale or supply at his home address on February 18, 2015, with the drugs valued at over €13,000. He was later jailed by Judge Thomas E O'Donnell in July 2019 following a five-day trial. Masznic appealed, arguing that the judge did not instruct the jury on the concept of possession. However, the three-judge court, comprising Mr Justice John Edwards, court President George Birmingham, and Mr Justice Patrick McCarthy, dismissed the appeal. The court acknowledged the trial judge's failure to provide specific instructions on possession but noted that no complaint was made during the trial about the adequacy of the charge. The court stated that the trial was not unsafe or unsatisfactory and that the jury had received a clear explanation of possession from prosecuting counsel, which was endorsed by defence counsel in his closing speech. The appeal was dismissed, and the conviction remains in place.
In a High Court hearing on 20 July 2022, the County Kerry Coursing Club, represented by David Sutton SC and Elizabeth Murphy BL, alleged that Ballybeggan Park Company Limited had wrongfully and aggressively locked them out of Ballybeggan Park, the former Tralee Racecourse, since 18 June. The club, the largest shareholder in the defendant company, claims it has no right to be denied access to the grounds or its sporting rights. It argues the lockout is linked to the company's plan to sell the land for €5 million, a figure it deems undervalued and unsupported by any proposal for accommodating coursing. The club seeks an injunction preventing further obstruction, an order for access to the land for coursing activities, and a prohibition on any adverse actions regarding the property.
In 2019, a judge jailed Maciej Masznic, 41, for seven‑and‑a‑half years after a five‑day trial in Tralee Circuit Criminal Court found him guilty of possessing cannabis and methylamphetamine for unlawful sale or supply at his home. The drugs, valued at over €13,000, were seized during a Garda raid. Masznic appealed, arguing that the judge failed to instruct the jury on the legal concepts of possession and knowledge, which he claimed were fundamental to the case. His counsel, Dean Kelly SC, contended that without proper instruction, no reasonable jury could convict. The Director of Public Prosecutions' counsel, Thomas Rice BL, countered that the jury was adequately informed and that the prosecution's case of guilty knowledge was clear. The Court of Appeal, presided over by Mr Justice George Birmingham, noted the dispute and reserved judgment. The appeal remains pending. Maciej Masznic pleaded not guilty.
In a High Court hearing on 25 January 2022, Kerry Fish Ireland Unlimited Company lost its challenge to the re‑introduction of traffic calming measures in Tralee town centre. The measures, which had been temporarily lifted between March and May 2020 to aid local businesses during the Covid‑19 pandemic, were reinstated by Kerry County Council. Mr Justice Anthony Barr dismissed the case, describing it as an "opportunistic collateral attack" on the council's 2017 decision to impose the measures. He found no breach of the EU Habitats Directive, noting that restricting traffic for a few hours could not significantly affect any environmentally protected site. The judge also rejected the claim that the council's decision to lift the suspension was a new decision, stating it was merely the end of a temporary suspension. The court therefore dismissed the action.
John Greene, 24, was sentenced to two years in prison for dangerous driving during a high‑speed Garda chase on June 5, 2019, near the old Naas road. He pleaded guilty to two counts of dangerous driving, criminal damage to a road sign, resisting a police officer, driving without insurance and without a licence. Greene drove over 90 km/h in a 50 km/h zone on wet roads, repeatedly used handbrake turns, skidded across traffic lanes and Luas lines, and at one point spun 180 degrees before colliding head‑on with a patrol car in pursuit. He later crashed into an electronic road sign, after which Garda officers used an ASP baton to break his window, removed his keys, and restrained him, with pepper spray deployed. A warrant was found for his arrest; his real address was in Bluebell, Dublin. John Greene was convicted.
Caroline Donovan, a former resident of Bessborough House in Blackrock, Cork, has initiated a High Court personal injuries claim against the State, the HSE, and the Congregation of Sacred Hearts of Jesus and Mary. Ms Donovan, who resided at the facility in the mid-1980s and early 1990s, alleges she was subjected to physical and emotional abuse, constituting a breach of her constitutional rights. She claims she was forced to work unpaid for the facility and a local family under harsh and unsafe conditions. Additionally, Ms Donovan alleges that her baby girl, born in the early 1980s when Ms Donovan was 15, was wrongfully adopted without her consent following undue influence. The defendants include the Minister for Health, the HSE, Ireland, the Attorney General, and the nuns who ran the home, which closed in 1999. Represented by solicitor Siobhan O'Neill and barristers Frank Callanan SC and Conor Duff BL, Ms Donovan intends to formally lodge the proceedings in the coming days. This action is understood to be among the first brought following the publication of the final report by the Commission of Investigation into Mother and Baby Homes. The matter is at the hearing_or_decision stage, with the case expected to come before the courts at a later date.
The High Court heard the State's apology to Joanne Hayes and her family regarding the Kerry Babies case, concluding a settlement of damages actions. Ms Justice Leonie Reynolds described the events as a "travesty" and a "dark chapter" in Irish history. The damages actions against the Garda Commissioner, the Minister for Justice, Ireland, and the Attorney General were struck out, while proceedings against the DPP were discontinued. The court issued declarations that all tribunal findings of wrongdoing against the family were unfounded and incorrect. It further declared that the family's questioning, arrest, charge, and prosecution between April and October 1984 were unfounded and breached their constitutional rights. A separate damages claim by Yvonne McGuckin was also settled and struck out. The court noted that the family's arrest, interrogation, detention, and charge were improper after a May 1984 blood test confirmed Ms Hayes was not the mother of baby John. The State expressed deep regret for the hurt caused, reiterating a 2018 apology. The declarations will be permanently attached to the tribunal report in the Oireachtas Library to ensure the accuracy of the public record. The family stated the resolution vindicates their good names after more than 35 years.
Joanne Hayes, who was wrongly accused of murdering an infant in 1984, seeks a High Court declaration that all findings of wrongdoing against her and her siblings by the Kerry Babies Tribunal were unfounded and incorrect. The family was arrested after a newborn with stab wounds was found in Cahersiveen. Hayes was accused of being the mother of the child, baby John, and of murdering him, but a blood test later proved she was not the mother. The charges were dropped in October 1984. Hayes claims the Gardaí forced her and her family into false confessions, which they later withdrew. The Tribunal, led by Justice Kevin Lynch, made numerous unsubstantiated findings, including allegations of assault and lying, and was alleged to have shown bias by allowing inappropriate statements about Hayes' character and private health. Hayes and her siblings now seek declarations that the investigation, arrest, charge and Tribunal findings breached her constitutional rights.
A 33‑year‑old Lithuanian man, Arnoldas Ivanauskas, was sentenced to six years in prison with the final year suspended for the manslaughter of a 24‑year‑old Belarusian man, Dmitry Hrynkevich, who was 7ft 5in tall. The court found that Ivanauskas did not intend to kill or seriously injure Hrynkevich, who had a compromised heart and Marfan syndrome, and that a second man, not before the court, was the principal assailant. The judge noted that Ivanauskas had been identified as a potential victim of human trafficking and had a troubled past. He was given a suspended sentence on the condition of good behaviour for two years after release, and his sentence was back‑dated to November 2018. The judge also acknowledged Hrynkevich's tragic death and his mother's description of his struggles and character. Arnoldas Ivanauskas was convicted.
The High Court has appointed provisional liquidators to two fashion retail companies that operated thirteen Pamela Scott stores across Ireland. Arzac Developments Ltd ran ten stores while Richard Alan & Co operated three, with outlets in locations including Sligo, Dublin, Limerick, Tralee and Cork. The firms, employing 104 people, sought winding up orders citing challenging market conditions, rising operating costs and the impact of the Covid-19 pandemic, which rendered them insolvent. Mr Justice David Keane appointed insolvency practitioners Eamonn Richardson and Ian Barrett of KPMG as joint provisional liquidators. The court heard the companies faced pressure from landlords, reduced footfall and changes to wage subsidy schemes. Both firms were dependent on their parent company, Flairline Fashion Ltd, for administrative and financial support, which was no longer available. The judge made the cases returnable to November.
At a sentencing hearing, the mother of 24‑year‑old Dmitry Hrynkevich, a 7.5‑ft Belarussian man with Murfad syndrome, spoke about her son's life and death. She said Dmitry was bullied because of his height, endured pain, blindness and other illnesses, yet remained courageous, generous and a volunteer organ donor. He died on 2 October 2015 after a drunken fight at a house in Tralee, suffering head, face and neck injuries. Lithuanian resident Arnoldas Ivanauskas, 33, was charged with murder but acquitted; he was found guilty of manslaughter. The jury accepted that he intended more than a trivial injury but not serious harm. The court heard that Dmitry had undergone major heart surgery and that a post‑mortem linked his death to a heart attack and blunt‑force trauma. The prosecution sought a sentence of four to ten years, the judge adjourned the hearing to 23 October for further inquiry.
Aaron Brady, 29, accused of murdering Garda Adrian Donohoe, rejected the prosecution's suggestion that he is a psychopath. During his final day of evidence, Brady denied the claim, stating that the alleged psychopath was Daniel Cahill, who he said had assaulted him and threatened to cut off his toes. Brady maintained that he had never threatened anyone or entered a room to threaten a person. He pleaded not guilty to the capital murder and to a robbery charge of about €7,000 at Lordship Credit Union. Brady also discussed his alibi submissions, his interactions with Gardaí in February 2018, and his statements about diesel laundering. He denied any admission of murder or other wrongdoing, and the trial was set to continue before Mr Justice Michael White with a jury of thirteen.
Padraig Tangney Junior, aged 39, received a suspended two‑year prison sentence for three counts of sexual assault of a child committed when he was 16. The offences occurred in 1995 and 1996 against his 13‑year‑old cousin at their family home in Tralee, Co. Kerry. Tangney pleaded guilty, and Justice Tara Burns noted his remorse and the fact that he was a child at the time of the offences, citing these as mitigating factors. The court accepted that the victim was extremely fragile and that Tangney's guilty pleas were valuable. He was found to be a low risk of reoffending, and the sentence was suspended on the condition he attends counselling for depression and stress management. Tangney is automatically registered as a sex offender, and the maximum sentence available is five years. The case was heard at the Central Criminal Court in Dublin.
In 2016, Marcus O'Rourke (39) and Brian O'Sullivan (33) robbed the Waterville Post Office in County Kerry, pointing a firearm at postmistress Lisa O'Reilly Foran and using a crowbar. They stole €4,000–€5,000, broke a glass pane, and activated a panic alarm. Two Dutch tourists witnessed the event. After the robbery, the pair fled in a Mazda, driving at high speed on the narrow Ring of Kerry road, and later reversed into a Garda car, damaging it and endangering officers. Gardaí, believing the firearm was real, opened fire during the chase. Both men had prior convictions (43 for O'Rourke, 52 for O'Sullivan) but none of comparable gravity. They were sentenced to nine years' imprisonment, with the final two years suspended, and the sentence was upheld on appeal as appropriate for the seriousness of the offence. The nine‑year term was made consecutive to three‑year terms for separate drug offences. Marcus O'Rourke pleaded guilty. Brian O'Sullivan pleaded guilty.
In a two‑week trial at the Central Criminal Court, Kerry farmer Michael Ferris, aged 64, was found not guilty of murder but guilty of manslaughter for the death of neighbour Anthony O'Mahony, aged 73, after Ferris drove the prongs of a teleporter into O'Mahony's car on 4 April 2017. The jury, 10 to 2, accepted that the attack was deliberate and caused catastrophic injuries. Justice Carmel Stewart sentenced Ferris to six years' imprisonment, with the final year suspended, and backdated the sentence to the day of the offence. The Director of Public Prosecutions has applied for a review, arguing the sentence was "unduly lenient", and the Court of Appeal has set a hearing for 2 December. Ferris's defence lawyer, Brendan Grehan SC, expressed remorse and cited cumulative provocation by O'Mahony. The O'Mahony family, represented by his niece Ann O'Carroll, has expressed that the outcome was insufficient and that a murder conviction would have been appropriate.
Michael Ferris, 63, was jailed for five years at the Central Criminal Court for manslaughter after repeatedly driving a teleporter into his neighbour Anthony O'Mahony, 73, during a long‑standing dispute over a noisy bird‑scaring device. The jury found Ferris not guilty of murder but guilty of manslaughter by a 10‑to‑two majority. At the sentence hearing, Justice Carmel Stewart imposed a six‑year prison term with one year suspended, back‑dated to the day of the offence. The judge cited Ferris's admission of guilt, his remorse, lack of prior convictions and his age as mitigating factors. The family of the deceased, led by niece Ann O'Carroll, expressed that they believed justice was not served, arguing the sentence was too lenient and that the case exemplified victim blaming in Irish courts. The judge noted the severity of the injuries inflicted and the impact on the victim's family.
During a two‑week trial in Tralee, dairy farmer Michael Ferris (63) was found not guilty of murder but guilty of manslaughter for the death of neighbour Anthony O'Mahony (73) on 4 April 2017. Ferris admitted to blocking a small road with a New Holland teleporter and driving it at O'Mahony's car, causing catastrophic injuries that killed him. The victim impact statement, read by O'Mahony's brother Seamus, described the brutal nature of the attack and the emotional toll on the family, who feel their brother's good character was unfairly attacked in court. Seamus expressed fear that Ferris might "snap again" and that the family will live in fear of encountering him on the road. The statement highlighted the family's isolation and the lasting pain of the incident. The court has remanded Ferris in custody until his sentencing on 3 December.
In a sentence hearing at the Central Criminal Court, Kerry farmer Michael Ferris, aged 63, was found not guilty of murder but guilty of manslaughter for the death of neighbour Anthony O'Mahony, aged 73. The case stemmed from a long‑standing dispute over a noisy bird‑scarer. On 4 April 2017 Ferris blocked a small roadway in Rattoo with a New Holland teleporter and drove its prongs into O'Mahony's Peugeot, repeatedly stabbing him. O'Mahony suffered catastrophic injuries, including five penetrating wounds, and died immediately. Ferris admitted to the attack, stating he had been frustrated by the bird‑scarer for 30 years and believed the only solution was to block the road. He had no prior convictions and had been in custody since the incident. The hearing focused on the facts and Ferris's admissions, with no further verdicts announced.
In 2018, a 53‑year‑old travelling salesman was jailed for five years after being convicted of raping a 24‑year‑old mother‑of‑one in County Cork on 2 August 2015. The victim had been a former employee of the salesman's business. The man had previously received a two‑year suspended sentence in 2014 for sexually assaulting a 19‑year‑old woman in 2011. At the Central Criminal Court, a jury found him guilty by majority verdict. Judge Paul McDermott set a headline sentence of six years but reduced it to five years, citing the man's lack of remorse and the hardship his imprisonment would cause to his ageing mother. The sentence was back‑dated to 19 July, the day he was taken into custody. Upon completion, he must serve two years of probation, attend counselling for alcohol and sexual offending, and may not contact the victim directly or indirectly.
Michael Ferris, a 62‑year‑old farmer from Rattoo, Ballyduff, Co Kerry, is charged with the murder of his 74‑year‑old neighbour, Anthony O'Mahony, who was killed on 4 April using a teleporter agri‑machine. The trial will begin on 9 October 2018 at the Central Criminal Court in Tralee, where it is expected to last two weeks.
Anthony Eya, a 42‑year‑old Nigerian naturalised Irish citizen, was arrested in May 2017 after a Garda surveillance operation that followed a customs alert about a suspicious package. The package, identified as suspicious when it passed through customs, was delivered to an address in Adamstown, Lucan, and later placed in Eya's car. Garda Marcella Shanahan described the "controlled delivery" and the subsequent stop at Ballyowen Lane, where two kilograms of cocaine were recovered. Eya pleaded guilty at Dublin Circuit Criminal Court to possession of the drugs for sale or supply, admitting he had paid €3,000 to Charles Twesigye for the package. He had previously served a drug offence sentence in 2006 and had left Ireland for Nigeria in 2013, returning to face the charges. Judge Martin Nolan, noting Eya's guilty plea and cooperation, imposed a four‑and‑a‑half‑year imprisonment sentence, deviating from the mandatory ten‑year minimum for the offence.
A 28-year-old man from Tallaght has been sentenced to 20 months imprisonment at Dublin Circuit Criminal Court after pleading guilty to stealing five iPhones from Three mobile phone stores across the country between November 3 and 7, 2015. Viorel Rostas participated in robberies in Navan, Cavan, Letterkenny in Donegal, and Tralee and Killarney in Kerry. Rather than stealing the phones himself, Rostas acted as a distraction or obstructed staff attempting to prevent the thefts while accomplices took the devices, which were collectively valued at over €3,500. Judge John Aylmer considered Rostas's guilty plea and €1,000 compensation offered as mitigating factors, but noted his previous convictions for theft made a suspended sentence inappropriate. The court heard Rostas became involved following his mother's death and financial pressure from a loan taken for funeral expenses in Romania. None of the five phones were recovered by gardaí.
A 28-year-old man from Tallaght has pleaded guilty at Dublin Circuit Criminal Court to his involvement in the theft of five iPhones from mobile phone stores across the country between November 2015. Viorel Rostas admitted to taking part in robberies at outlets in Navan, Cavan, Letterkenny, Tralee, and Killarney over a five-day period, with the stolen handsets valued at over €3,500. During each incident, Rostas acted as a distraction or obstructed attempts to prevent the thefts while accomplices removed the phones. The robberies occurred during business hours and were recorded on store CCTV; none of the phones were recovered. Detective Garda evidence indicated Rostas was part of a group of four involved in the thefts. The defence outlined that Rostas took a €10,000 loan to finance his mother's funeral in Romania following her death in July 2015, subsequently agreeing to participate in the robberies due to pressure from the lender. Rostas, who has lived in Ireland over twenty years, has seventy-one previous convictions. Judge John Aylmer adjourned the case for sentencing on 24 July.
Maria Muntean, 28, a mother of four who is expecting a fifth child, pleaded guilty to the theft of two iPhone 6s mobile phones from Three Ireland Phone Stores in Tralee and Killarney on 7 November 2015. CCTV footage showed her with two men: one removed the phones from the display case, the other watched staff while Muntean blocked the view with a brochure, which she then placed over the cradle. The phones, each valued at €699, were not recovered. Muntean had 54 previous convictions under two identities, including 17 thefts, one robbery, casual trading and road traffic offences. She was arrested but made no admissions during the Garda interview. The court, noting she was the least culpable of those arrested and had engaged with the Probation Service, imposed a two‑year sentence, which was suspended in full on strict conditions. The case was heard in the Dublin Circuit Criminal Court.
Cao Son Nguyen, a 30‑year‑old Vietnamese man with no fixed abode, was found asleep beside a toilet in a unit at the Clash Industrial Estate in Tralee, where cannabis plants potentially worth €1.4 million were growing. He had pleaded guilty to cultivation and to possession of cannabis for sale or supply on 21 October 2013. The original sentence of ten years imprisonment, with the last four years suspended, was imposed by Judge Tom E O'Donnell at the Tralee Circuit Criminal Court. On appeal, Nguyen's counsel, Philip Sheahan SC, argued that the case resembled a growhouse operation and that the DPP's charge of sale or supply was unusual. The Court of Appeal, led by Mr Justice Garrett Sheehan, agreed that the offence had been placed too high on the penalty scale and that Nguyen's circumstances differed from those of his co‑accused.
Samba Sow, an asylum‑seeker who arrived from Senegal in 2007, used a false identity, Moussa Sow, to work in Ireland and later claim €50,000 in social welfare payments between 2011 and 2014. He obtained a PPS number under the false name, worked in a Dublin pub, paid income tax and PRSI, and was made redundant during the recession. After losing his job, he claimed job seekers' benefit, job seekers' allowance and rent allowance under the false name, totalling €50,006. In 2015, when he was granted permission to remain, he stopped claiming under the false name and made a legitimate claim in his real name. The Department of Social Protection's facial‑recognition system flagged his deception, leading to his arrest. In court, Sow pleaded guilty to 18 counts of stealing social welfare payments. Judge Catherine Murphy imposed a suspended two‑year sentence, noting that Sow never attempted to double‑dip or claim payments under two names.
In December 2016, Judge Tony Hunt sentenced 57‑year‑old Richard O'Brien to 15 years' imprisonment for raping a grandmother in Dublin on 19 March 2011. O'Brien lured the victim to a caravan, assaulted her, bit her and raped her, then fled to the UK before being extradited in 2013. He had earlier been convicted of rape and false imprisonment in 2015, receiving a six‑year sentence back‑dated to his extradition. At the 2016 sentencing, O'Brien repeatedly disrupted proceedings, calling the victim a "filthy prostitute". The judge described the harm as "very very great indeed" with long‑term damage, noting the victim's nightmares, relationship breakdown and suicidal thoughts. O'Brien's sentence was back‑dated to August 2015, with post‑release supervision for three years and a requirement to notify authorities of his address under the Sex Offenders Act. The victim's impact statement highlighted the lasting psychological and familial effects of the attack.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.