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Court reports mentioning Kildare

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2020-12-01 · Dublin

Woman who fell in Dunnes awarded €83k in damages

In a High Court hearing, Mr Justice Michael Hanna awarded €83,000 in damages to 58‑year‑old Doris Whelan after she slipped and fell on a small amount of an oil‑like substance at a Dunnes Stores outlet in Ashleaf Shopping Centre, Walkinstown, Dublin 12, on 27 June 2013. Whelan sued Dunnes for injuries she claimed were caused by the hazardous floor condition. The court found that the evidence, including CCTV footage, showed Whelan had slipped while wearing flat shoes and that the oil‑like substance had come from a stock trolley. Dunnes had denied the claims and argued that Whelan had contributed by not looking where she was going, but no evidence was presented to counter the claim. The judge noted that Whelan had no prior knee problems and had undergone knee replacement surgery many years earlier.

2020-11-27 · Kildare

Former TD seeks to identify posters of alleged defamatory material

Former TD Frank O'Rourke has filed separate High Court applications against Facebook and Twitter seeking to identify the posters of what he alleges are untrue and defamatory posts about his personal life that appeared on social media shortly before the February 2020 general election. He claims the posts were designed to cause maximum professional damage to him during the election, at a time when he was experiencing a difficult marriage breakdown. O'Rourke says the posts, made on Facebook pages linked to the Celbridge area in early February, alleged false matters about his family and finances and were intended to show him as unfit to serve in Dáil Éireann. He also alleges a tweet was sent shortly before the election urging people not to vote for him and repeating the same untrue statements. O'Rourke, represented by Declan Doyle SC, seeks Norwich Pharmacal orders to obtain the account holders' names, addresses and IP addresses so he can sue them for defamation.

2020-11-23 · Dublin

Organised crime laundering scheme uncovered after raid on weapons arsenal that could 'arm small country'

A woman and her partner were involved in a money-laundering scheme linked to an organised crime group, following a raid that uncovered an arsenal of firearms capable of 'arming a small country', the Special Criminal Court has heard. Jonathan Harding (48) of Kerdiff Avenue, Naas, Co Kildare, pleaded guilty to five charges of converting, transferring or handling property, to wit money, between 1 January, 2012, and 31 December 2016, at EBS, Bank of Ireland and AIB accounts, the proceeds of criminal conduct. Co-accused Carol Davis (45) of Clonmacnoise Road, Crumlin, Dublin 12, pleaded guilty to three offences between 1 January, 2014, and 31 December, 2016, relating to accounts held in her own name also at EBS, AIB and Bank of Ireland. The pair had originally been charged with 50 offences but pleaded guilty to a total of eight offences. The charges come under the Criminal Justice Act 2010 (Money Laundering and Terrorist Financing). Declan Brady (54), known as 'Mr Nobody', was sentenced to 11-and-a-half years imprisonment after pleading guilty to possession of the weapons. Tom Anderson, the defendant, was sentenced to ten years in prison with one year suspended in January 2018 for the possession of firearms. The matter was adjourned to December 15 for sentencing.

2020-11-13 · Kildare

Veteran garda wins fight to stop dismissal

A veteran detective with 20 years of service, Aidan Bracken, has successfully challenged his summary dismissal from An Garda Siochana in the High Court. The dismissal was based on his guilty plea to a charge of making a false report before a Circuit Criminal Court. However, Mr Justice Charles Meenan ruled that the Garda Commissioner's decision to dismiss Bracken was unlawful. The judge emphasized that summary dismissal should only occur when the facts are clear and an inquiry would be unnecessary. Bracken, who has not worked for five years due to psychiatric injuries sustained while on duty, argued that no conviction was recorded against him by the Circuit Court. The judge noted that the commissioner had not sought clarification on the Circuit Court's ruling, which was a key factor in his decision to quash the dismissal. The case highlights the importance of following proper procedures under the Garda Disciplinary Regulations.

2020-11-10 · Dublin

Haulier 'couldn't say no' to storing handgun ammo

Tony Hunt, 47, was sentenced to two years in prison after the Dublin Circuit Criminal Court found he had no choice but to hold 198 rounds of 9mm Parabellum ammunition. The bullets were moved from a wheelie bin into the spare wheel well of his car when the bins were due for collection. Gardaí discovered the package during a random stop after seeing the car leave a known drug dealer's home in Kildare. Hunt initially claimed the ammunition belonged to a deer‑hunting colleague, later admitting he had been told a package would be left in his bin for 24 hours but did not know its contents. He pleaded guilty to possession of the rounds, which were mainly used in semi‑automatic handguns. Judge Pauline Codd suspended the final three years of a five‑year sentence, requiring Hunt to keep the peace for the entire period. Hunt's only prior conviction was for possession of stolen property in 2004.

2020-11-04 · Dublin

Former barrister jailed for stealing €235k from businessman

Patrick Russell, a former barrister aged 57, was sentenced to four years in prison, with the final 12 months suspended, for stealing €235,000 from businessman Paul O'Connell. Russell pretended to arrange the purchase of a warehouse in Co Kildare for O'Connell, using forged deeds and false documents to convince the victim to transfer €15,000 and €5,000 to a UK account and an account in his wife's name, and to pay an additional €215,000 to solicitors who believed the documents were genuine. The solicitors and O'Connell's family later reported the fraud to Gardaí. Russell pleaded guilty to the theft in March 2019 and had previously been struck off the bar in 2012 for professional misconduct. The judge noted Russell's limited criminal history, his cardiac condition, and his willingness to restore the stolen sum, but imposed a custodial sentence because he had not made tangible efforts to return the money. The €215,000 remains frozen in AIB.

2020-11-03 · Dublin

Truck driver agreed to move €1.3m after meeting 'man on boat'

In a Dublin Circuit Criminal Court hearing, 44‑year‑old truck driver Noel Purcell was remanded in custody pending sentencing after being found with €1,287,700 in cash in his cab. Purcell admitted he had agreed to transport the money to Holland after meeting a man on a boat, who offered him €4,000 to do so. He claimed he was struggling with mortgage and credit card debt and was "vulnerable" and "easily‑led". Gardaí had pulled him over on Naas Road following a surveillance operation and discovered two large bags of cash wrapped in duct tape. Purcell pleaded guilty to one count of possessing cash that was the proceeds of a crime. He has no prior convictions and was described by his defence as anxious and financially stressed. Judge Melanie Greally noted the high amount and the need for a custodial sentence, remanding him to await a Probation Services report before sentencing on 19 January 2025.

2020-10-30 · Kildare

Security firm sues former employees

Datapower Limited has sued former senior employees Declan O'Toole and Graham Mullally, along with Phoenix Security Alarms Ltd, a company linked to them. The company claims the defendants are attempting to solicit its customers and have breached restrictive covenants. Datapower had previously obtained temporary injunctions preventing the defendants from approaching or soliciting any of its customers. The court heard that the defendants had been hired after Datapower acquired Phoenix Alarms Ltd in late 2018, and that they had recently resigned. Datapower alleges that the new company, Phoenix Security Alarms Ltd, was set up to "free ride" on the goodwill of the acquired firm. The court granted injunctions on an ex‑parte basis and will hear the case again in two weeks, with the injunction remaining in place until then.

2020-10-23 · Kildare

Teen gets date for murder trial

Brian Ibe, 19, of no fixed abode and formerly of Moore Park, Newbridge, Co Kildare, is charged with the murder of Peter Kennedy, 65, at Kennedy's Kildare home on 28 April 2020. Kennedy suffered injuries on that day and died on 12 May. Ibe's trial is scheduled for 7 February 2022 in the Central Criminal Court and is expected to last three weeks. He appeared by video‑link and was remanded in custody at Cloverhill Prison. The assault‑causing‑harm and trespassing charges that were originally brought against Ibe have been withdrawn.

2020-10-21 · Kildare

Lead challenge to standardised Leaving Cert grades adjourned

The High Court has adjourned the lead challenge to the standardisation of 2020 Leaving Cert grades, a case brought by Freddy Sherry of Belvedere College, Dublin. The case was set to start on Wednesday morning but was postponed because the court was told that the matter was not ready to proceed due to an issue concerning the discovery of documents by the State. Mr Sherry's case will be heard early next week, and all other challenges to the standardisation process have been adjourned to a date next month pending the outcome of his action. In his application, Mr Sherry, represented by Micheál P O'Higgins SC, Feichin McDonagh SC and Brendan Hennessy BL of Ferry Solicitors, alleges that a decision by the Minister for Education in August "interfered" with the work of the Independent Steering Committee on Calculated Grades.

2020-10-16 · Dublin

Woman admits to money laundering, terrorist financing charges

At the Special Criminal Court, Carol Davis, 45, pleaded guilty to three counts of money laundering and terrorist financing for the period 2014‑2016. She admitted knowingly converting, using, transferring, taking possession of or handling money that was the proceeds of crime, via an EBS account in her own name. The plea covers the period from 1 January 2014 to 31 December 2016. Davis is the second person to plead guilty in this case; the first was Jonathan Harding, 48, who pleaded guilty to five similar counts. Davis was remanded on bail until 9 November, while Harding was remanded in custody until the same date. The case involves 20 offences under Section 7 of the Criminal Justice Act 2010, of which three were accepted by the State for the specified period. The court will hear full facts in the case.

2020-10-12 · Kildare

'Duped' student avoids jail for mule account scam

A 25-year-old student has received a fully suspended 12-month sentence at Dublin Circuit Criminal Court for money laundering. Jonathan Angbalu pleaded guilty to facilitating the lodgement of a stolen and altered €9,000 cheque into his bank account between March 2016. Gardaí established that the cheque, originally issued by market research firm Millward Brown, was intercepted and modified before being deposited in Angbalu's account at Permanent TSB on St Stephen's Green. The account was subsequently frozen, and €6,094.50 was recovered. The court heard that Angbalu was approached by three men who promised him €2,000 to use his account for lodging and withdrawing funds. He was instructed not to display nervousness during withdrawals. Angbalu later realised the arrangement was fraudulent. He never received payment and withdrew only €700 before providing it to the men. Judge Pauline Codd imposed the sentence on strict conditions, noting his youth and lack of previous convictions. Angbalu brought €1,350 to court as an expression of remorse.

2020-10-09 · Kildare

Plea to crime cash charges

Jonathan Harding, 48, of Naas, pleaded guilty to five money‑laundering charges before the Special Criminal Court. He admitted to concealing the true nature of money in his own bank accounts at EBS and AIB, knowing it was criminal proceeds, and to doing the same in another person's accounts at AIB, Bank of Ireland and EBS. The offences cover 30 laundering incidents between 1 January 2012 and 31 December 2016. Harding will be sentenced on 9 November, while the other defendant is due before the court next Friday.

2020-10-09 · Kildare

Console founder's widow in court on fraud, money laundering charges

The widow of the late founder of the suicide‑prevention charity Console, Patricia Kelly, aged 59, appeared in the Dublin Circuit Criminal Court on 9 October 2020. She was charged with two counts of fraudulent trading and one count of money laundering covering a ten‑year period from December 2006 to July 2016. The first fraudulent trading charge alleges that between 6 December 2006 and 31 May 2015 she knowingly participated in running Console Suicide Bereavement Counselling Ltd for a fraudulent purpose, misusing the company's property that was meant for its charitable objectives. The second charge covers 1 June 2015 to 14 July 2016 and repeats the same allegation. The money‑laundering charge alleges that between 1 September 2010 and 1 July 2016 she concealed the true nature, source, location, disposition or ownership of property of Console Ltd or acted recklessly regarding whether that property was the proceeds of criminal conduct.

2020-10-05 · Wicklow

'Paedophile rapist' may be using 'delaying tactic' to avoid being named

In 2015, a 56‑year‑old man pleaded guilty to 165 counts of rape and sexual assault of his wife's two sons, aged under ten, over a decade. Mr Justice Tony Hunt sentenced him to 21 years' imprisonment, suspending the final five years. The victims, who had waived statutory anonymity in 2015, sought to have the man named publicly, but the judge stayed the waiver because related Wicklow Circuit trials involving the same victims and other defendants were pending. The judge assured that anonymity would be lifted after those trials. In July, the DPP applied to lift the order; the man had dismissed his former counsel and was seeking new representation, claiming the delay was a tactic to avoid disclosure. Mr Justice Hunt warned that if the man resisted, the court could grant the prosecution's request on the next hearing, set for 20 October.

2020-10-01 · Dublin

Woman who sliced civil servant's throat on walk home from work to stay in jail

In a Dublin incident on 3 January 2017, Laura Kenna, a homeless woman aged 37, slit the throat of civil servant Fionnuala Bourke while walking home from work. Kenna was arrested the following day and later pleaded not guilty by reason of insanity, citing a diagnosis of schizoaffective disorder. She was convicted of attempted murder and assault causing harm, and in April 2019 the Central Criminal Court imposed a 15‑year prison term, of which five years were suspended. The Court of Appeal dismissed Kenna's appeal against both the conviction and the sentence. The appeal was rejected on the basis that the jury's verdict was supported by credible expert testimony, and the sentencing judge's decision was deemed proper for the gravity of the offence. Kenna must serve the 10‑year custodial term imposed by the court.

2020-09-25 · Cavan

Debt collector fails in appeal against jail term for threat to kidnap

The Court of Appeal has dismissed an appeal by a debt collector against an 18-month custodial sentence imposed for intimidation and harassment offences. Kevin Molloy, aged 51, originally from Donegal and currently residing in Cavan, was convicted in May at Mullingar Circuit Criminal Court of harassing a man and his daughter between April and August 2015. His offences included threatening to kidnap and harm an individual, and arranging the distribution of defamatory flyers at equestrian events and in Mullingar. Molloy, who operated a debt recovery business based in Kildare, received a headline sentence of four years with 18 months suspended. The three-judge court, presiding over the appeal on Friday, upheld the sentencing judge's assessment that the offences fell within the upper mid-range. The judges described the 18-month actual custodial term as generous and rejected claims the sentence was unduly harsh. The court also upheld a seven-year ban on Molloy operating as a debt collector, deeming it legitimate and proportionate. Molloy was permitted time to arrange his affairs before beginning his sentence on 30 September.

2020-09-17 · Kildare

Serial driving offender who left law student with catastrophic injuries drops appeal

Paul Connolly, 38, of Cregg Court, Kilmeague, Robertstown, Co Kildare, dropped his appeal against an eight‑and‑a‑half‑year prison sentence imposed by the Dublin Circuit Criminal Court in May 2019. Connolly had pleaded guilty to dangerous driving causing serious bodily harm to Michael Igoe, 54, and Francis Dhala, 19, after driving onto a busy footpath while under the influence of drugs on Coolmine Road on 1 May 2018. The incident left Dhala, a law student, with a catastrophic brain injury. Connolly was driving his young child to school at the time and had a 25‑year driving ban and had been released from prison a month earlier. He also pleaded guilty to driving under the influence of drugs, possession of cannabis, failing to remain at the scene, failing to offer assistance, failing to alert Gardaí, and driving without insurance or a licence. The judge, Melanie Greally, imposed the sentence but suspended the final 18 months.

2020-09-02 · Kildare

Father's conviction for murder of infant son declared a miscarriage of justice

In September 2020 the Central Criminal Court declared the 2003 murder conviction of Yusif Ali Abdi a miscarriage of justice. Abdi had spent 16 years in prison before the Court of Appeal quashed the conviction in February 2019 and ordered a retrial. The retrial found him not guilty by reason of insanity, after evidence that he had been diagnosed with paranoid schizophrenia in 2013. The court granted Abdi leave to seek compensation from the State. The case involved the death of his 20‑month‑old son, Nathan Baraka Andrew Ali, who was found dead in the living room of their Clane apartment on the night of the killing. The retrial relied on psychiatric testimony that Abdi had been suffering from schizophrenia since 2001, a fact that had not been recognised at the original trial. The court's decision was based on the new diagnosis being a newly‑discovered fact that proved the original verdict was fundamentally wrong. Yusif Ali Abdi was acquitted.

2020-07-31 · Kildare

Man jailed for raping sleeping woman

Brian Byrne, aged 28, was found guilty of raping a sleeping woman at a house party in County Kildare on 21 June 2015. The trial, held in Dublin's Central Criminal Court, lasted one week and concluded with a verdict of guilty. Byrne pleaded not guilty but admitted that sexual intercourse had taken place. The victim, who was fully dressed and asleep, woke to find Byrne behind her and was forced to flee to her sister's room. In her impact statement, she described the day as a turning point that shattered her life and left her feeling unsafe and trapped. Byrne's defence highlighted his otherwise unblemished character, employment, and sporting activities, but the judge noted the predatory nature of the attack. He was sentenced to five years' imprisonment, with no mention of a suspended portion or effective custody details in the article.

2020-07-31 · Kildare

Book of evidence for money laundering accused

Sean Ruth, 31, of Rathangan, Co Kildare, appeared before the Special Criminal Court charged with eight offences under the Money Laundering and Terrorist Finance Act. The alleged offences occurred in the State between 1 January and 31 December 2016. The Book of Evidence was served in the court, and the case was adjourned to 5 October. The State did not object to a free legal aid application, which was granted, and Mr Ruth was remanded on continuing bail. In June, Detective Garda Paul Kane informed State Solicitor Ciara Vibien that a warrant had been executed for Mr Ruth, who is accused of making four lodgements into an AIB account and four into an account at St Canice's Credit Union, Kilkenny, with the accounts allegedly held in his name. The amounts of the lodgements were not disclosed in court.

2020-07-28 · Kildare

Woman challenges council's refusal to recognise her as qualified teacher

Ms Fiona Roche, a secondary school teacher from Kildare who has taught since 2002 and been registered with the Teaching Council since 2006, has brought a High Court judicial review against the council's refusal to recognise her as a qualified post‑primary teacher. The council, after a 2018 Department of Education instruction to vacate her position, declared in April 2019 that she was not to be accredited as a registered qualified teacher for religion and CSPE, citing insufficient subject‑matter qualifications and lack of experience in the sector. Ms Roche, who holds a Montessori teaching qualification, a degree in Behavioural Science‑Psychology, a Graduate Diploma in Guidance Counselling and higher diplomas in Further Education and Theological Studies, disputes the decision and has unsuccessfully appealed. In the High Court, counsel argued that the council's decision‑making process was flawed and that the decision was without legal basis, irrational and contrary to common sense.

2020-07-27 · Kildare

Student teacher sues uni after Covid-19 halted graduation

A student teacher, Ekaette Kwuogor from Cappagh Road, Finglas Dublin 11, has initiated High Court proceedings against Maynooth University, alleging that the university prevented her from graduating as she was unable to complete her teaching practice due to the closure of schools during the Covid-19 pandemic. Ms Kwuogor was studying for a Higher Diploma in Further Education at the university's Department of Adult and Community Education. She was accepted into the programme for the 2019-20 academic year and commenced the teacher training part of her course last January. However, she faced delays in starting her teaching practice due to the need for police clearance reports from both the Gardai and Nigerian authorities. The closure of schools in March 2020 further hindered her ability to complete the required teaching practice modules. The university informed her in April that she could not graduate due to insufficient teaching experience. Ms Kwuogor appealed the decision but has not received an outcome. She claims the delay is inordinate and breaches her rights to natural and constitutional justice. She seeks orders compelling the university to make a decision on her appeal and declarations regarding her entitlement to a decision or a time frame. The matter was heard by Mr Justice Charles Meenan in an ex-parte application and was adjourned for further proceedings later this week.

2020-07-27 · Wicklow

Child rapist says he would be in danger if identity published

In a High Court hearing, a 55‑year‑old convicted child rapist told Judge Tony Hunt that publishing his identity would endanger him. He had pleaded guilty in 2015 to repeated rape and sexual assault of his wife's two sons, aged under ten, over a decade from 1993. In March 2016, Judge Hunt sentenced him to 21 years' imprisonment, suspending the final five years. The victims had requested to waive their statutory anonymity so the defendant could be named publicly, but Judge Hunt stayed the waiver because related cases involving the same victims and two other accused were pending in Wicklow Circuit Criminal Court. He noted that publicity of the 2015 convictions would hinder jury selection for those trials. The judge assured the DPP that anonymity could be lifted after the Wicklow trials concluded. The defendant, who has since changed legal representation, expressed fear that a waiver would put him in danger and is currently in therapy.

2020-07-24 · Kildare

Tight-wearing addict gets jail for armed robbery

Ciaran O'Brien, 37, was sentenced to three‑and‑a‑half years' imprisonment for armed robbery and a threat to kill Garda PJ Cummins. He robbed the Applegreen Service Station at Celbridge on 27 November 2019, armed with a hammer and a small machete, and took €360 in cash before fleeing. O'Brien then drove a car straight at Cummins, who was off‑duty and had to jump out of the way to avoid being run over. The judge, Karen O'Connor, noted that O'Brien was homeless at the time and had 27 previous convictions but was not known to be violent. The final 18 months of the sentence were suspended on strict conditions, including 12 months of probation. The case was heard at the Dublin Circuit Criminal Court. Ciaran O'Brien pleaded guilty.

2020-07-22 · Kildare

Turkish dad-of-two jailed for money laundering

Atilla Tasgin, 41, of Leixlip, Co Kildare, was sentenced at Dublin Circuit Criminal Court for money laundering offences. The defendant pleaded guilty to four counts of removing proceeds of criminal conduct from the State at various north Dublin addresses between June 17, 2013, and April 5, 2018. He also admitted to two counts of transferring such proceeds at unknown locations in the State on December 3, 2018, and January 21, 2019. Prosecution evidence indicated Tasgin transferred just under €10,000 to Turkey on behalf of an individual referred to as "the provider." While Tasgin acknowledged knowing the funds were proceeds of criminal conduct, the court accepted he was not involved in the underlying fraud and received no cash, only favours such as rent-free accommodation. Judge Elma Sheahan sentenced Tasgin to two years and three months in prison. However, she suspended the final nine months of the sentence, resulting in an effective custody period of 18 months. The judge cited his cooperation with the garda investigation and lack of previous convictions as mitigating factors. The matter was finalised with this sentence.

2020-07-15 · Kildare

Detective challenges decision to summarily dismiss him

Detective Garda Aidan Bracken, a 20-year veteran with five years of absence due to psychiatric injuries, has initiated a High Court action to prevent his summary dismissal from An Garda Siochana. The dismissal was proposed following his guilty plea in 2019 to a charge of making a false report concerning threats against himself, his family, and colleagues. The court heard that the detective had been suffering from serious mental health issues, including PTSD and paranoia, due to threats from criminal gang members. The Circuit Court dismissed the charges under the Probation Act, citing extenuating circumstances. However, the Garda Commissioner based the dismissal on the detective's 'conviction,' despite no formal conviction being recorded. Counsel argued that the commissioner's decision was premature and lacked sufficient grounds, while the commissioner claimed the action was taken before the process under Garda regulations was completed. Detective Bracken seeks orders to prevent his dismissal, require the commissioner to provide adequate reasons, and declare constitutional rights violations.

2020-07-06 · Longford

Court upholds sentencing of Queen's visit bomber

The Court of Appeal has dismissed an appeal against the severity of the sentence imposed on Donal Billings, a 70-year-old pensioner from County Longford. Billings was found guilty by the Special Criminal Court in 2016 of possessing an explosive substance at Longford railway station car park on May 16, 2011, during Queen Elizabeth's state visit. He was also convicted of making false reports that bombs had been placed at Busáras, Sinn Féin's headquarters, Cork airport, and Dublin Castle. The court upheld his eight-and-a-half-year sentence, describing it as "very lenient." Presiding Judge George Birmingham, sitting with Justices Marie Baker and Patrick McCarthy, stated there was no merit in the appeal and declined to increase the term. Billings, who attended remotely from Portlaoise Prison, had previously lost an appeal against his conviction regarding Irish language rights. His barrister, Gerard Humphreys SC, cited his client's age, health difficulties, and cooperation during the trial. The court noted that the explosive device, comprising gunpowder and petrol, was placed on a public transport vehicle, recklessly exposing passengers to significant risk. The judges concluded that while the sentence was lenient, they would not intervene to increase it. The matter was not adjourned; the appeal was dismissed.

2020-07-03 · Kildare

'Inspiring': man spared jail over stolen caravan pursuit

John Lawrence, 29, was spared a prison sentence after pleading guilty to possession of a stolen caravan and driving dangerously in a high‑speed pursuit. The court heard that he had completed an addiction studies programme and was volunteering as a mentor in a prison after‑care programme, a role described as "inspiring" by professionals. Lawrence, from Drogheda, drove a Jeep towing a €12,000 caravan stolen from Hertfordshire, England, at speeds over 140 km/h in a 100 km/h zone, forcing gardaí and the public to avoid collisions. He had prior convictions for theft, deception and traffic offences. Judge Karen O'Connor, after hearing mitigation, suspended a two‑year prison term on the condition that Lawrence continue his studies and voluntary work with prisoners.

2020-06-24 · Dublin

Slain gangster's partner not entitled to €250k insurance payout

In a High Court decision, Mr Justice Tony O'Connor ruled that Irish Life could refuse to pay the €250,000 life‑insurance benefit for the murdered gangster Eamon Dunne because he failed to disclose drug and alcohol misuse and depression when applying for the policy in 2008. The judge found that Dunne was required to give accurate details of his substance abuse and mental health history, which he did not do. The insurer's application form stated he drank six units of alcohol a week and had no mental or nervous disorder, statements that were misleading. The court rejected Ms Saunders' claim that Irish Life was negligent or that the insurer had misled Dunne. Ms Saunders, who had not read the policy terms, was found not to have been aware of Dunne's past abuse until the insurer notified her in 2011 that the policy would not pay out.

2020-06-23 · Dublin

Estate of John Bailey gets High Court order preventing spraying of weed killer

The estate of the late Fine Gael Councillor John Bailey secured a temporary High Court injunction to stop Mr Francis Tiernan from spraying poisonous weedkiller on 100 acres of farmland at Castlewarden on the Dublin‑Kildare border. The estate, represented by Darren Lehane BL, claims the land belongs to Mr Bailey and that Mr Tiernan has been trespassing since April. The dispute stems from an incomplete 2006 sale for €4.6 million and a 2013 damages award of €1.2 million against Mr Tiernan. In 2018 Mr Tiernan filed a Lis Pendens but did not pursue it. He has used machinery, burned scrub, and threatened to spray weedkiller, prompting the estate to seek an interim order. The court granted the injunction ex‑parte and adjourned the case to early July. The estate also intends to pursue further orders restraining Mr Tiernan and seeking damages for trespass. The injunction was issued by Mr Justice Michael Quinn.

2020-06-19 · Kildare

Man and woman charged with money laundering offences at non-jury court

In a non‑jury hearing at the Special Criminal Court, Jonathan Harding, aged 48, and Carol Davis, aged 45, were charged with a total of 50 money‑laundering offences under the Criminal Justice Act 2010. Harding faces 30 counts of converting, transferring or handling property, namely money, between 1 January 2012 and 31 December 2016, involving EBS, Bank of Ireland and AIB accounts that allegedly held proceeds of criminal conduct. Davis is charged with 20 counts of the same nature over the same period, with accounts in her own name at the same banks. The charges were read out to Harding by the registrar, and the court heard from the prosecuting solicitor that the offences relate to concealing or disguising the true nature, source, location, disposition, movement or ownership of the property.

2020-06-19 · Kildare

Rapist jailed for attack on sleeping woman

A 38‑year‑old man was sentenced to eight years' imprisonment for raping a sleeping woman in her friend's house in Co. Kildare on 12 March 2017. He pleaded not guilty but was found guilty by a jury in February 2020. The judge, Mr Justice Tony Hunt, noted the offence was aggravated by the victim's sleep and the great harm caused. The sentence was suspended for 18 months on strict conditions, including keeping the peace, good behaviour for five years and no contact with the victim. The victim, who remains unnamed, gave a victim impact statement describing her life as "hell" and that she will never be able to move on. She does not accept the accused's apology. The accused has one prior assault conviction. The trial was held in the Central Criminal Court.

2020-06-16 · Kildare

Severely autistic man claimed penis abnormality drove him to seek naked pictures from boys

A man from Castlebar, County Mayo, has been sentenced to 18 months in prison at Dublin Circuit Criminal Court for sexually exploiting children online. Mark Keogh pleaded guilty to 14 charges of child sexual exploitation and possession of child pornography. Between November 2013 and May 2014, he created a fake Facebook profile posing as a teenage girl named Nicole Doyle and contacted 14 boys aged 13 to 16, requesting naked photographs. Gardaí discovered over 700 sexually explicit images of children on his laptop during a search in February 2016, approximately 400 of which depicted the 12 victims. Judge Martin Nolan imposed a five-year sentence but suspended the final three and a half years. The judge noted Keogh's severe autism, psychiatric difficulties, and genuine need for specialist care, whilst acknowledging the seriousness of the offending and impact on the victims. Keogh has no previous convictions.

2020-06-12 · Kildare

West African King claims Irish-based blogger defamed him

The High Court heard a defamation claim brought by Adeyeye Enitan Ogunwusi, the traditional ruler of the Yoruba people, against Irish-based blogger Esther Esabod Aboderin. Ogunwusi alleges that Aboderin's social media posts on Facebook and YouTube maliciously accused him of serious criminal offences, including human trafficking, money laundering, and ordering killings. He denies these allegations and sought injunctions under the 2009 Defamation Act to remove the material and prevent further posting. Before Mr Justice Anthony Barr, Aboderin, who represented herself, consented to interim injunctions pending the full hearing. She agreed to remove the allegedly defamatory material from her Facebook account and stated she would ask followers to remove YouTube posts, which she claimed were uploaded by others. Her defence is justification. Counsel for Ogunwusi noted that in separate proceedings last year, a Nigerian businesswoman, Rosala Uvbi Mku-Atu, also brought defamation claims against Aboderin over social media comments. Aboderin acknowledged those posts have been taken down. She stated she fears for her safety and will not return to Nigeria. The matter was adjourned for the full hearing of the action.

2020-06-02 · Kildare

Man before non-jury court on crime cash charges

Sean Ruth, 31, of Blacktrench, Rathangan, Co Kildare, appeared before the Special Criminal Court on 2 June 2020 charged with eight offences under the Money Laundering and Terrorist Finance Act. The alleged offences took place in the State between 1 January and 31 December 2016. Garda Paul Kane informed the court that a warrant had been executed for Mr Ruth, who is accused of making four lodgements into an AIB account and four into an account at St Canice's Credit Union, Kilkenny, with the accounts allegedly held in his name. The amounts of the lodgements were not disclosed. Mr Ruth is accused of knowing, believing, or being reckless as to whether the monies lodged were proceeds of criminal conduct.

2020-05-27 · Dublin

Criminal jailed after high-speed pursuit left garda with serious injuries

Thomas Stokes, aged 30, was sentenced to seven years' imprisonment for a high‑speed pursuit that left Garda Thomas Bialkowski seriously injured. Stokes pleaded guilty to two counts of endangerment, one count of assaulting Garda Bialkowski, one count of dangerous driving, and a separate count of criminal damage. The judge imposed four‑and‑a‑half years for endangerment and two‑and‑a‑half years for criminal damage, to run consecutively, giving an effective term of seven years. The final two years were suspended on strict conditions. The pursuit began when Gardaí approached Stokes' car at Dublin Port; after a brief attempt to stop him, Stokes fled, driving at up to 180 km/h, swerving across lanes, and eventually crashing into a wall on Cookstown Way, Tallaght. The crash caused the Garda's firearm butt to strike him, injuring his teeth, eye, arm and shoulder.

2020-05-27 · Kildare

Child rapist used voluntary network to target boys, judge finds

In a 2020 case, a 29‑year‑old man from County Kildare was found guilty of raping two boys. He used his membership in a voluntary paramedic organisation to gain the boys' trust and drugged them with Penthrox, a pain‑relief drug normally used by medical professionals. In the first incident, a 15‑year‑old was forced to inhale the drug through an oxygen mask and was then orally raped. In the second, the man raped an unconscious child while another man recorded the assault on a mobile phone. The defendant pleaded guilty to oral rape, sexual assault, sexual exploitation and aiding the production of child pornography. He was sentenced to eleven years' imprisonment, with eighteen months suspended, and was ordered to abstain from any work involving children and to attend probation treatment programmes.

2020-05-25 · Kildare

Voluntary paramedic drugged and raped teenage boy

A 29‑year‑old former voluntary paramedic was found guilty of orally raping a 15‑year‑old boy and sexually assaulting another child after drugging them with Penthrox, a powerful pain‑relief agent. In the first incident, the accused used an oxygen mask to force the boy to inhale the drug, then sexually assaulted him. In the second, the boy was unconscious while the accused orally raped him and another man recorded the act on a mobile phone. The defendant pleaded guilty to oral rape, sexual exploitation, aiding and abetting child pornography, sexual assault and theft of Penthrox and a carbon dioxide chamber. He was suspended from the paramedic organisation and a nursing course. The court heard that the whistle device had been altered to increase potency, and that the defendant had searched online for ways to incapacitate victims. The case was adjourned to Wednesday for sentencing.

2020-05-25 · Kildare

'I will be alone for the rest of my life,' rape victim tells court

In a Central Criminal Court hearing, a 38‑year‑old woman who was raped while asleep delivered a victim impact statement in which she said she would be alone for the rest of her life. She described the past three or four years as "hell", blamed herself for not being strong enough for her children, and said she feels she has failed as a mother and has been robbed of everything. She cannot watch any media containing a kiss and wishes to be free of pain. The accused, a 38‑year‑old man with a prior assault conviction, pleaded not guilty to rape. A jury found him guilty on the sole count. The court adjourned the matter for finalisation on 19 June. The woman's statement was read before the judge. The accused accepted the verdict and expressed remorse. The case is pending finalisation.

2020-05-25 · Kildare

Armed robber threatened to stab garda

In a Dublin Circuit Criminal Court hearing on 25 May 2020, 36‑year‑old Ciaran O'Brien pleaded guilty to robbing the Applegreen Service Station in Celbridge on 27 November 2019. He entered the station armed with a hammer and a small machete, forced the shop assistant to open the till, and took €360 in cash before fleeing. While off‑duty, Garda PJ Cummins witnessed the robbery and pursued O'Brien. O'Brien threatened Cummins with a knife, saying he would stab him, and then drove a car straight at the Garda, forcing Cummins to jump out of the way to avoid being run over. O'Brien was later arrested and has 27 previous convictions. The case was adjourned for a Probation Services report, with sentencing scheduled for 20 July.

2020-05-25 · Dublin

Garda left with facial injuries after crash during high-speed pursuit

In a Dublin court hearing, Thomas Stokes, aged 30 and with 171 prior convictions, was charged after a high‑speed chase that ended with a Garda car crashing into a wall. Stokes, who drove at speeds up to 180 km/h and swerved aggressively, was attempting to flee from Gardaí who had approached his vehicle at Dublin Port. The pursuit resumed on the M50, where Stokes braked hard and crashed, causing the Garda car to swerve into a wall. The impact forced the Garda's firearm butt into his face, resulting in severe eye and facial injuries, soft‑tissue damage to his arm and shoulder, and damage to his teeth. Stokes was arrested nearby and has remained in custody, except for a brief compassionate bail in March. He pleaded guilty to two counts of endangerment, one count of assaulting a Garda, one count of dangerous driving, and one count of criminal damage. He will be sentenced on Wednesday.

2020-05-05 · Dublin

'Cowardly' criminal who targeted elderly victims gets six years

David Allen, 35, was on bail for a robbery when he knocked 89‑year‑old Nina MacAuley to the ground outside a Dublin hairdresser, bashed her, and stole her handbag. MacAuley suffered head and arm injuries and later discovered her handbag missing. Allen, who has no fixed abode and a history of 25 convictions including robbery, burglary and theft, pleaded guilty to the robbery at Aungier Street on 1 July 2019 and to the armed robbery of a 73‑year‑old taxi driver on 5 February 2019. Judge Melanie Greally sentenced him to three years for the earlier robbery and five years for the MacAuley robbery, making a total of eight years imprisonment with the final two years suspended on strict conditions. The sentence was imposed with the two terms running consecutively. Allen's victim impact statement was read in court, and he admitted to being "strung out" on heroin during the incidents.

2020-05-01 · Dublin

ATM scammer hit eight cities across Europe

Damien Ionut, 34, was sentenced to three years in prison for a series of ATM attacks across eight European cities, including Dublin, Louth, Kildare, Wicklow, Meath, Westmeath, and Dublin. He and a group used a "transaction reversal fraud" technique, first withdrawing a small amount with a legitimate chip‑and‑pin card, then inserting a clip into the cash drawer to block the release of a larger withdrawal. They swapped the card for a dummy, causing the machine to think the customer had walked away, and then used a chisel to break into the drawer and take the cash. The attacks caused about €12,881 in damage and resulted in €5,980 in stolen cash. Ionut had 30 prior convictions for similar offences and was identified on CCTV footage. The court back‑dated the sentence to November 5, 2019. The case highlighted the vulnerability of ATMs to this type of fraud.

2020-04-22 · Dublin

Criminal had received driving bans totalling 35 years when he drove stolen car at gardai

Mark Taylor, aged 30, was driving a stolen VW Golf at a fuel pump in Newcastle, Co. Dublin, on 22 February 2019 when Gardaí noticed he had not paid for fuel and was driving at high speed. He overtook two vehicles dangerously, then drove off without Gardaí being able to keep up. The next day he was again seen in the same car and, after a high‑speed chase, he reversed at speed, smashed into another car, mounted a traffic island, crossed the road, drove the wrong way down the carriageway, broke a red light, mounted a footpath and drove away at speed, losing Gardaí in pursuit. Later that day Gardaí in Naas were alerted to a VW Golf driving dangerously on the N7; the car pulled into a service station on the M7 where an armed unit arrived and approached Taylor. He became aggressive and abusive and was arrested. Mark Taylor pleaded guilty.

2020-03-27 · Kildare

Woman deemed unfairly dismissed seeks to have State make payment

Ms Indira Attride, a former administrative employee of Canopus BioPharma Ltd, a partnership in Straffan, Co Kildare, claims she was unfairly dismissed and was awarded €28,513 by a rights commissioner. The partnership ceased trading and one partner went bankrupt, leaving no assets. The Department of Social Protection refused to pay her from the Social Insurance Fund, stating that only one partner's bankruptcy sufficed for a claim. Ms Attride, represented by John Kennedy SC, argues that the State's refusal breaches EU Directives on workers' entitlements and that Irish law fails to cover employees of partnerships. She seeks orders for the Minister to pay her the awards from the fund, to align Irish law with EU law, and declarations that the State is in breach of EU Directives. Mr Justice Sanfey granted permission ex‑parte and adjourned the case to a later date.

2020-03-25 · Kildare

Property fraud accused gets bail after virus affects trial

Michael Hennessy, 63, of Coneyboro, Athy, is awaiting trial for alleged property purchase frauds involving Spanish properties. A circuit court judge adjourned the trial because Covid‑19 prevented witnesses in Spain from travelling. Hennessy was granted short‑term bail, described as a vulnerable person in an overcrowded environment, after his wife attempted to sell a car to pay his surety. He may attend his father‑in‑law's funeral and must present bank documents to investigating Gardaí and comply with strict conditions. The case is now set for a new trial date on 16 June, with Hennessy observing proceedings via video‑link from prison. The judge warned that any breach of conditions would result in his return to custody until the trial.

2020-03-16 · Mayo

Busy CAB list sees receiver appointed over luxury watches

The High Court has ordered the appointment of a receiver over three luxury watches alleged to have been purchased with proceeds of crime. Christopher Waldron, aged 37 and with an address at Killala Road in Cabra, is facing proceedings brought by the Criminal Assets Bureau concerning two residential properties and the three watches, which include a Breitling chronograph, a Rolex Datejust and a Cartier Santos timepiece. The CAB contends that all or part of the properties and watches were acquired through criminal activity. Mr Waldron's claims denying the allegations were noted. Mr Justice Alex Owens appointed a receiver to take possession of the watches pending further order. A related case involving David Waldron, aged 42 and also from Cabra, concerning three properties in Wexford, Dublin and Kildare, was adjourned to 18 May. Those claims too are denied. The High Court's CAB list comprised 26 cases on the date in question, with social distancing measures in place among those attending.

2020-03-03 · Dublin

'Hit team' member jailed after confrontation with armed gardai

Owen Cummins, 41, of Cabra, Dublin 7, was sentenced to nine years and six months imprisonment by the Special Criminal Court for possessing a Beretta 92s handgun and silencer in suspicious circumstances. The offence occurred on September 6, 2017, in Inchicore, Dublin 8, during a confrontation with armed gardai. Cummins pleaded guilty to the charge. The court heard that Cummins drove a jeep towards Garda Stephen Gillespie, who was restraining co-accused Andrew O'Keeffe on the ground. Fearing for his life, the garda discharged his firearm, causing Cummins to swerve and collide with a parked vehicle. Mr Justice Hunt, sitting with Judges Griffin and Dempsey, reduced the headline sentence from 12 years to nine years and six months, citing mitigating factors including Cummins' guilty plea and the recent death of his 19-year-old child. A further 18 months of the sentence was suspended to encourage rehabilitation. The sentence was backdated to May 27, 2019. Cummins has 68 previous convictions. Separately, co-accused Andrew O'Keeffe, 30, of Cabra West, pleaded guilty in June 2018 to possessing a 9mm Beretta handgun and silencer in suspicious circumstances on the same date. He was sentenced in August 2018 to nine years imprisonment with one year suspended.

2020-02-17 · Kildare

Son who dumped murder chainsaw for father is jailed

A man who disposed of the chainsaw used to dismember the body of Kenneth O'Brien and impeded the prosecution of his father, who carried out the murder and dumped the victim's body parts in the Grand Canal, has been jailed for 18 months. Paul Wells Junior (33), of Beatty Park, Celbrudge, Co Kildare, was found guilty last November of disposing of a blood-stained chainsaw used to dismember the body of Mr O'Brien. He had denied disposing of the chainsaw motor at a time unknown between January 19 and 20, 2016 in Co Kildare, and had also pleaded not guilty to disposing of a chainsaw blade and chain on January 20, 2016 in the same location. His father, Paul Wells Senior (51), of Barnamore Park, Finglas in Dublin 11, was jailed for life in 2018 having been found guilty of murdering Mr O'Brien at his home in Finglas on January 15 or 16, 2016. Wells Snr admitted to shooting Mr O'Brien in his back garden, dismembering his body, and dumping it in a suitcase in the Grand Canal. At his own trial, Wells Snr argued that he had acted in self defence when he shot Mr O'Brien. The court heard that Wells Jnr had a 'difficult history' with his father and a credible threat had been placed upon his life by his father. Wells Jnr was sentenced to three years in prison with the last 18 months suspended on condition he keep the peace for that period of time. The judge said she had given 'great consideration' to handing down a fully suspended sentence but said she did not think it would mark the gravity of the offence.