Court archive

Court reports mentioning Callan, Kilkenny

2025-04-10 · Louth

Expulsions quashed for female students over allegations of violence

Three female students – Margaret Eyong Taku, Wendy Briggs and Christina Igweze – had their expulsions from Dundalk Institute of Technology overturned by the High Court after they contested the punishment for alleged violent altercations that took place on January 30 and 31, 2024. The students claimed the expulsions were disproportionate, that alternative sanctions had not been considered, and that no reason was given. They alleged that the incidents involved aggressive physical confrontations, including a head step, a wet‑floor warning sign, and hair pulling. A February 2024 committee recommended expulsion and campus bans, and an April appeals committee rejected all appeals. Mr Justice Anthony Barr remitted the case to a new appeals committee for fresh consideration, noting the potential impact on the students' education and careers. The students were undergraduate enrollees in the college's Bachelor of Science in Mental Health Nursing and Bioscience programmes.

2025-03-13 · Louth

Nursing and science students challenge college expulsion after four alleged fights

Three female students – Margaret Eyong Taku, Wendy Briggs and Christina Igweze – have taken a joint High Court challenge against their expulsions from Dundalk Institute of Technology. They allege that the college imposed disproportionate sanctions without providing reasons or considering alternative measures. The expulsions followed four alleged violent altercations between the students, three on campus and one off campus, that took place on 30 and 31 January 2024. The incidents involved physical aggression, including a head stomp, a wet‑floor warning sign, and the pulling out of hair. A disciplinary committee recommended expulsion in February 2024, and an Appeals Committee rejected the students' appeals in April. The students were granted judicial review in July 2024. At the High Court hearing, counsel argued that the appeals committee failed to explain its decision and that the sanctions were disproportionate. The judge said he would reserve judgment.

2024-07-29 · Louth

Students challenge expulsion from Dundalk IT

Three students – Margaret Eyong Taku, Wendy Briggs and Christina Igweze – have filed High Court proceedings to overturn their expulsions from Dundalk Institute of Technology. The expulsions followed internal disciplinary proceedings over alleged incidents on campus on 30‑31 January, including an aggressive physical altercation among the students. The college suspended the students, then a disciplinary committee recommended expulsion and campus bans in February. Appeals to the college's Appeals Committee in April were rejected. The students argue the college acted beyond its powers, with disproportionate findings, lacking adequate reasons and failing to consider relevant factors. They seek orders quashing the expulsions, re‑admission to their programmes, damages, and declarations that the college's actions were unlawful and irrational. Ms Justice Niamh Hyland granted ex‑parte permission for the cases, which will return in October for further hearings.

2024-03-08 · Kilkenny

Volunteer who spent decades helping the disabled without salary wins €61k for unfair dismissal

John Clark, a volunteer in his 70s who worked for 38 years at Camphill Communities of Ireland, was dismissed after the HSE takeover in 2017. He had never received a salary, relying on a credit‑card system that covered his personal and community expenses. Clark claimed the charity had unfairly terminated his engagement, leaving him with only a state pension and support from his partner and housemates. He argued that the dismissal was not a redundancy and that the charity failed to follow fair procedures. The Workplace Relations Commission found that Camphill had breached the Unfair Dismissals Act 1977 and the Terms of Employment (Information) Act 1994. Clark was awarded €60,000 for loss of earnings and €1,000 for the contract breach, but no redundancy payment was granted. The decision confirmed his entitlement to pursue employment rights claims.

2023-02-20 · Kilkenny

Woman (63) has 'no real answer' about €87k she stole from employer

Carolyn Riguad, aged 63, was sentenced to one year in prison for stealing €87,000 from her employer over seven years, from 2009 to 2016. She pleaded guilty to sample counts of theft and producing a false instrument in a 270‑count indictment. Riguad, who ran the Irish arm of a UK business, diverted company funds into her own accounts, altering cheques and at one point attempting to cover her tracks by re‑diverting funds within the company. The fraud was uncovered when she went on sick leave in 2016, leading to the discovery of 258 cheques with discrepancies. Riguad denied involvement when interviewed by Gardaí, claiming a colleague was responsible. She has no prior convictions, suffers from medical difficulties and memory issues, and has an adult son with a medical condition. The court noted her competence and the breach of trust, and, considering her health, imposed a one‑year custodial sentence. The company has since revised its procedures.

2018-07-03 · Kilkenny

"New depths of depravity": convicted killer loses appeal over violent sex assault

Walter Morrissey has lost his appeal against the severity of his sentence for aggravated sexual assault and intentionally or recklessly causing serious harm to his former partner. The Court of Appeal, presided over by Mr Justice John Edwards with Mr Justice John Hedigan and Mr Justice Patrick McCarthy, dismissed the appeal without hesitation. Morrissey, 74, was found guilty by a jury of assaulting a woman in Kilkenny between December 1 and 8, 2011. Medical evidence indicated he used his fist to cause severe injuries, which a gynaecologist described as comparable to machete rape in sub-Saharan Africa, stating self-infliction was impossible. In 2013, Mr Justice George Birmingham sentenced Morrissey to 13 years imprisonment, describing him as cunning, devious, and manipulative. Counsel Seán Gillane SC argued the sentence was excessive compared to typical rape cases. However, the appellate court found the sentence lenient, noting the case fit within a 15-year-to-life category before a generous four-year reduction for age. The court stated the depravity reached new depths. Morrissey's criminal history includes a 1977 conviction for the double manslaughter of Francis McEnery and his son Marcus, and a 1999 conviction for seven counts of indecent assault. He previously lost an appeal against his conviction for the current sexual assault charges in May.

2018-05-15 · Kilkenny

"This is a 100 per cent insult": convicted killer after court upholds 13-year sentence for life-threatening sex attack

Walter Morrissey has lost his appeal against his 2013 conviction for aggravated sexual assault, with the Court of Appeal upholding his 13-year sentence. The 70-year-old from Co Kilkenny was found guilty of leaving a former partner with life-threatening injuries, including a severe vaginal tear described by medical experts as comparable to injuries from machete rapes. During the appeal, presided over by Mr Justice John Edwards, Justice Alan Mahon, and Justice John Hedigan, the court rejected all four grounds raised by Morrissey. These included claims that the trial judge erred by refusing to appoint new solicitors after Morrissey discharged his legal team on day eight, and that the jury should have been discharged after the victim revealed his status as a registered sex offender. The appellate judges noted that the defence failed to object immediately to the prejudicial comment and that Morrissey had no objection to the discharge of two jurors earlier in the trial. The court affirmed that the trial judge acted correctly in denying a retrial, stating it is not open to an accused to up-scutter proceedings by discharging counsel to secure a new jury. Morrissey, who was previously convicted in 1977 of the double manslaughter of Francis McEnery and his son, and in 1999 of seven counts of indecent assault, was led away to continue his 13-year sentence. As he left, he shouted that the decision was a "100 per cent insult" and called the judges "heap of crooks."

2015-06-11 · Kilkenny

Marriage referendum appeal court challenge adjourned to Friday

An application for a stay to restrain the issuance of a certificate confirming the result of the same‑sex marriage referendum has been adjourned to the Court of Appeal's sitting on Friday. Gerry Walshe, an electrician from Lisdeen, Co Clare, seeks to appeal the High Court President's refusal to allow him to bring a petition challenging the referendum held on 22 May, which was approved by 62.07 % of voters. Walshe, representing himself, has requested a stay pending the appeal. The case was heard by Mr Justice Peter Kelly, who noted that the paperwork indicated an appeal against an earlier procedural decision by Ms Justice Mary Faherty, not the current refusal by Mr Justice Kearns. Mr Justice Kelly adjourned the matter to allow Walshe to amend his notice of appeal and placed a stay on the certificate until the Court of Appeal hears the case on Friday. Richard Humphreys SC for the State expressed no objection to the amendment.

2015-06-09 · Kilkenny

Marriage referendum challenge to come before Court of Appeal

An application for a stay restraining the issuance of a certificate confirming the result of the same‑sex marriage referendum will be heard by the Court of Appeal later this week. Mr Gerry Walshe, who is appealing the High Court's refusal to grant him leave to bring a petition challenging the referendum result, has requested that the Court order a stay on the certificate. He is representing himself and has not yet formally lodged his appeal; the judge has told him that the appeal must be filed by 3 pm on Wednesday for the stay application to be considered on Thursday morning. The State, represented by Richard Humphreys SC, has described the matter as "extremely urgent" and wants the appeal to be expedited. The State also wishes that Mr Maurice J Lyons, who has similarly sought to challenge the referendum result, have his appeal processed on the same timetable.

2014-11-24 · Kilkenny

Kilkenny man has sentenced increased for assault in which victim was left without "significant portion" of his ear

Thomas Corcoran, aged 22, was originally sentenced to three years' imprisonment with the final year suspended for assault causing serious harm to a man in Kilkenny town, where the victim lost a significant portion of his ear. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal, hearing the appeal on 24 November 2014, set aside the original sentence and imposed a new five‑year term, suspending the last two‑and‑a‑half years. Corcoran entered a €100 bond to keep the peace and be of good behaviour during the suspended period. The appeal court noted the violent nature of the assault and the victim's long‑term physical and psychological consequences, while also recognising mitigating factors such as Corcoran's remorse, good conduct in prison, and participation in rehabilitation programmes. The victim was present at the appeal hearing. Thomas Corcoran pleaded not guilty.

2014-04-07 · Kilkenny

Nursing home shut by HIQA formally wound up

The High Court wound up Avondale Nursing Home Limited, a Callan, Co. Kilkenny nursing home closed in 2011 after HIQA cancelled its registration over health and safety concerns. The winding‑up order was made by Mr Justice Peter Charleton following an application by former employee Bridget Brander, who was owed unpaid wages. The company was found insolvent and unable to meet its debts. Mr Declan de Lacey of PKF O'Connor, Leddy & Holmes was appointed liquidator. The court noted that the company had been struck off for failing to file returns but was restored to the Registrar of Companies. Directors Miriam and Hayley Holmes were no longer in jurisdiction and were believed to be in Australia. The liquidation will determine if any assets can be sold to satisfy Brander's claim and other former employees' debts. The case remains before the examiner's court.