Court archive
2018-11-12 · Kilkenny
A 32‑year‑old man, Renars Veigulis of Old Bridge Street, Freshford, is set to go on trial in the Central Criminal Court for the murder of 29‑year‑old Rita Apine on or about 14 May 2017. He pleaded not guilty. A jury of five women and seven men has been empanelled. The trial is expected to last three weeks.
2018-10-10 · Dublin
Adam Pokorny, a 35‑year‑old Czech national, was sentenced by the Dublin Circuit Criminal Court to four and a half years' imprisonment for possessing 5.6 kg of cannabis, valued at €112,120, with intent to supply at Dublin Airport on 3 May 2018. He admitted that he had agreed to transport the drugs to pay off a €30,000 credit‑card debt and to help a friend in financial trouble. Pokorny claimed he knew the substance was cannabis, not harder drugs, and that it would be used by "adults and hippies, not people standing outside schools." Judge Melanie Greally suspended the final 18 months of the sentence on the condition that he leave Ireland upon release and not return for 10 years. He has no prior convictions and pleaded guilty early, cooperating with the Garda investigation. The judge noted his charitable activities and the support he received from family and friends in the Czech Republic.
2018-07-03 · Kilkenny
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.
2018-06-29 · Dublin
The Charleton tribunal is hearing closing submissions about allegations that former Garda press officer Superintendent David Taylor directed negative briefings against whistleblower Sergeant Maurice McCabe. Lawyers for the Garda commissioner, Martin Callinan, argue that the tribunal should disregard the testimony of four witnesses – journalist Philip Boucher‑Hayes, TDs John McGuinness and John Deasy, and Comptroller and Auditor General Seamus McCarthy – because their accounts conflict and they did not report their alleged conversations with Callinan at the time. Callinan's counsel, Shane Murphy SC, notes inconsistencies in McGuinness's statements about notes from a 2014 meeting and in Deasy's recollection of what was said. Callinan maintains he was asked about McCabe by McCarthy and that he explained the allegations were investigated and no prosecution was directed. Lawyers for McCabe, Michael McDowell SC, contend that McCabe is entitled to vindication as a truthful witness. The tribunal will consider these arguments before Justice Peter Charleton submits his report in October.
2018-06-21 · Kilkenny
Joseph Comerford, a well‑known hotelier from Castlecomer, Co. Kilkenny, and his sons John and Derek, who run the Academy Plaza Hotel on Dublin's O'Connell Street, have filed a lawsuit against Ulster Bank over a €3 million refinancing fee they claim was imposed under duress. The Comerfords say the bank pressured them to refinance loans during the recession, alleging the hotel was in default in 2012. They argue the bank used this situation to take equity in their business and extract an unreasonable fee through its Global Restructuring Group. The €3 million payment was made in December 2014 via Ulster Bank's entity UB SIG (ROI). In 2015 the family refinanced the debt and ended their relationship with the bank. Represented by Downes Solicitors, they seek orders to recover the money, declarations that the agreements were void and unconscionable, and damages for economic loss, undue influence, breach of duty and duress.
2018-05-15 · Kilkenny
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."
2018-04-20 · Kilkenny
A jury at the Central Criminal Court could not reach a verdict in the retrial of 37‑year‑old Tadhg Butler, charged with murdering Michael O'Dwyer with a butcher's knife at Butler's seaside home in Tramore on 10 January 2014. Butler had previously been sentenced to life for the murder, but that conviction was overturned on appeal. The case centred on Butler's claim that he had accidentally stabbed O'Dwyer while trying to disarm his nephew, Anthony O'Grady, who had threatened self‑harm. O'Grady, who testified but could not recall details, said he saw Butler lift a foot‑long knife and stab O'Dwyer, after which Butler returned to drinking. Butler pleaded not guilty. After six hours of deliberation, the jury failed to agree on a verdict and was discharged. The case will be re‑considered before Mr Justice Patrick McCarthy on 8 May.
2018-04-20 · Kilkenny
In the Central Criminal Court, a jury of twelve was deliberating the murder trial of 37‑year‑old Tadhg Butler, accused of killing 25‑year‑old Michael O'Dwyer on 10 January 2014. O'Dwyer died in hospital after a stab wound to the chest at a party in Butler's Co Waterford home. Butler, who lives in Seafield, Tramore, pleaded not guilty. He claimed he had accidentally stabbed O'Dwyer while retrieving a knife from his nephew to prevent self‑harm. The nephew, Anthony O'Grady, testified that Butler had walked over and stabbed his friend with a butcher's knife, but later said he could not remember the event, citing personality disorders and medication. After about five hours of deliberation, the jury reported to the judge that they were "stuck in this ring" and saw no prospect of reaching a verdict.
2018-04-19 · Kilkenny
John Joseph Malone, aged 54, was found guilty of murdering 69‑year‑old Ann 'Nancy' Smyth in 1987 and received a mandatory life sentence in 2017. The Court of Appeal upheld his conviction in 2018, ruling that the trial was fair despite a 27‑year delay. Malone had confessed to the killing to several people over the years, including his brother, former wife, and others in a Presbyterian Bible group. Witnesses testified that he had been present at the scene, had a heated argument with Mrs Smyth, and had admitted to strangling her. The appeal court noted that sufficient witnesses were available and that the delay did not unduly prejudice Malone's defence. The judgment was delivered without Malone's reaction. The case remains a cold case that was reopened after new confession evidence surfaced. John Joseph Malone pleaded not guilty.
2018-04-19 · Kilkenny
In the Central Criminal Court, a jury was sent home after a night of deliberation in the trial of 37‑year‑old Tadhg Butler, charged with murdering Michael O'Dwyer, a friend of Butler's nephew, on 10 January 2014. O'Dwyer died in hospital after a stab wound to the chest at a party in Butler's Co Waterford home. Butler, who pleaded not guilty, claimed he had accidentally stabbed O'Dwyer while taking a knife from his nephew to prevent self‑harm. The nephew, Anthony (Tony) O'Grady, testified that Butler walked over and stabbed the victim with a butcher's knife, but later said he could not remember the incident due to personality disorders and medication. The jury requested further statements from O'Grady, Butler and State Pathologist Professor Marie Cassidy. Judge Paul Butler spent the day re‑reading the evidence before the jurors resumed deliberations, ultimately deciding to return home and reconvene the next morning with fresh minds.
2018-04-18 · Waterford
A jury has begun deliberations in the trial of 37‑year‑old Tadhg Butler, charged with murdering Michael O'Dwyer with a foot‑long butcher knife at a party in his home in Tramore on 10 January 2014. Butler, who pleaded not guilty, claims he accidentally stabbed O'Dwyer while attempting to disarm his nephew, Anthony O'Grady, who had previously taken a knife from Butler to prevent self‑harm. O'Grady, who testified that he could not remember the events due to personality disorders and medication, said Butler walked up, lifted the knife and stabbed O'Dwyer, who collapsed and later died in hospital. Butler's defence argues the act was a tragic accident, while the prosecution maintains sufficient evidence for a murder conviction. The jury, after more than two hours of deliberation, requested to review O'Grady's statement, Butler's evidence and the State Pathologist's report before resuming tomorrow.".
2018-04-17 · Kilkenny
The Central Criminal Court trial of Tadhg Butler, formerly known as Thomas O'Grady, is at the stage of the judge's charge to the jury. Butler, 37, of Tramore, Co Waterford, is charged with the murder of Michael O'Dwyer, who died in January 2014 after sustaining a stab wound at a party in Butler's home. Butler has pleaded not guilty, alleging he accidentally stabbed O'Dwyer while attempting to disarm his nephew, Anthony (Tony) O'Grady, to prevent self-harm. Tony O'Grady, who suffers from personality disorders, initially told gardai that Butler deliberately stabbed O'Dwyer with a butcher's knife but later claimed he could not remember the incident. Defence counsel Michael Bowman SC argued the death was a tragic accident in a confined space, urging the jury to return a verdict of not guilty or, alternatively, manslaughter if they found the actions reckless. Prosecution counsel Denis Vaughan Buckley countered that there was ample evidence to convict, highlighting that Butler did not provide his accidental stabbing account to gardai during his interview. The judge has begun his charge, and the jury is expected to begin deliberations on Wednesday.
2018-04-16 · Waterford
During the fifth day of his murder trial at the Central Criminal Court, Tadhg Butler, 37, pleaded not guilty to the killing of Michael O'Dwyer, 25, who died on 10 January 2014 after a stab wound at a party in Butler's house in Seafield, Tramore. Butler told the court that he had taken a knife from his nephew, Anthony O'Grady, to prevent the nephew from self‑harm. He claimed that the nephew had become upset over a brother's death and, while holding the knife, said he was "sick of this f*cking life." Butler said he tried to remove the knife, pinning the nephew against a wall, and that he did not realise the knife was in O'Dwyer's chest until the victim collapsed. The prosecution cross‑examined Butler about his earlier statements to Gardaí and his religious beliefs. The trial continues with further cross‑examination scheduled for the next day.
2018-04-16 · Waterford
Jake Breen, aged 20, pleaded guilty to ten offences in Kilkenny Circuit Criminal Court for events in Carlow and Kilkenny on 7 November 2016. He used a stolen Toyota Land Cruiser, fitted with false plates, to pick up a hitchhiker who was at the start of a world tour. The vehicle stopped, the hitchhiker got out, and the car drove off with the hitchhiker's property still inside. The hitchhiker was thrown to the ground but suffered only minor injuries. Gardaí pursued the Land Cruiser, which drove aggressively, collided with a Garda car, and then reversed. One co‑occupant was apprehended; Breen fled. Breen was sentenced to five years' imprisonment, with the final year suspended, and banned from driving for ten years. The Court of Appeal dismissed his appeal, confirming the sentence as appropriate for the seriousness of the incident.
2018-04-11 · Waterford
During the Central Criminal Court hearing of 37‑year‑old Tadhg Butler, accused of murdering 25‑year‑old Michael O'Dwyer on 10 January 2014, his nephew Tony O'Grady testified that he has no memory of the night of the murder or of any statement he may have given to Gardaí. O'Grady, who lives in The New Houses, Bishop's Birch, said he was a drug addict at the time and had been in and out of mental hospitals, taking heavy medication and being sectioned several times. He claimed he could not remember the past six years, including the night of the stabbing, and that he was "always blanking out" due to his drug and alcohol addiction. The judge excused the jury to return later that afternoon for the remainder of the trial. Tadhg Butler pleaded not guilty.
2018-04-09 · Waterford
A 37‑year‑old Waterford man, Tadhg Butler, is on trial for the murder of 25‑year‑old Michael O'Dwyer, who died of a single stab wound to the chest on 10 January 2014. Butler, originally known as Thomas O'Grady, changed his name by deed poll. The prosecution, led by Denis Vaughan Buckley SC, argued that the knife used was held by Butler and that the wound was a single forward thrust, with no defensive injuries on O'Dwyer's hands or arms. Butler pleaded not guilty. Witness Tony Walsh, a caretaker, testified that he saw Butler "scampering" back into his home as Gardaí arrived and that a body lay on the ground. The trial, held before the Central Criminal Court, will continue the following day before Mr Justice Paul Butler and a jury of five women and seven men, and is expected to last two weeks.
2018-04-09 · Waterford
A 37‑year‑old Waterford man, Tadhg Butler of Seafield in Tramore, is set to go on trial for the murder of 25‑year‑old Michael O'Dwyer on 10 January 2014 in County Waterford. Butler was arraigned before the Central Criminal Court and pleaded not guilty. A jury of five women and seven men will hear the case before Mr Justice Paul Butler, with the trial expected to last two weeks.
2018-03-05 · Kilkenny
Martin Holden, 52, of Garrigue, Mullinavat, Co Kilkenny, was found guilty of multiple thefts over a five‑year period from 2007 to 2012. He advertised non‑existent heavy machinery on internet sites, offering competitive prices and claiming to arrange overseas shipping. He collected deposits from 17 victims worldwide, ranging from €2,000 to €40,000, and transferred the money to Lithuania. The High Court ordered his extradition to Lithuania, but the order was stayed until he served his sentence. On appeal, the Court of Appeal increased his sentence from four years with the final year suspended to four years and eight months imprisonment. The judge noted that Holden resumed the same pattern of fraud while on bail and that the offence was serious, elaborate and carried out over five years. The sentence was deemed unduly lenient and was accordingly increased.
2018-02-05 · Kilkenny
John Joseph Malone, aged 54, was convicted of murdering 69‑year‑old Ann 'Nancy' Smyth in Kilkenny on 11 September 1987 and sentenced to life imprisonment. The conviction followed a Central Criminal Court jury's unanimous decision after 3 h 26 min of deliberation. Malone had pleaded not guilty. The case was reopened as a cold‑case investigation in 2012 after new witness statements and confessions emerged. Malone's appeal, filed on the ground that the trial judge should have withdrawn the case at the close of the prosecution's case, focuses on the credibility of Geraldine Brennan's 2013 statement, which differs from her 1987 statement. The appeal is pending; the court has reserved judgment. No new verdict or outcome is reported in the article.
2018-01-17 · Kilkenny
Patrick McDonnell, 28, of New Line Close, Mountrath, was sentenced to five years in prison after a series of drug‑related offences and dangerous driving. He pleaded guilty to unlawful possession of cocaine for sale or supply, dangerous driving and reckless endangerment at Castlecomer on 27 January 2017, and to possession of cannabis and cocaine at Ballyroan on 16 January 2016. During a drug bust near the Kilkenny/Laois border, gardaí found 300 g of cocaine in a tupperware container. McDonnell fled, driving his car at speeds up to 100 km/h, crashing into a garda vehicle and injuring two officers. He also crashed into a car exiting a driveway. The court noted his history of drug offences and his statement to a garda that he had "not done anything". Judge Martin Nolan imposed the five‑year sentence, citing the reckless conduct and the injuries caused to the officers.
2017-12-19 · Wicklow
Trevor McDonagh, aged 19, was convicted in the Central Criminal Court of anally raping a 16‑year‑old girl, biting her breast, and engaging in a sex act with a child under 17 on 4 March 2014 in County Wicklow. He pleaded not guilty to these offences but pleaded guilty to stealing the victim's phone on the same date. The court heard that McDonagh, who was 15 at the time of the offence, lured the girl into a lane, forced her against a wall, bit her breast while she struggled, and then fled when he thought Gardaí were nearby. The victim suffered hair loss, seizures, and attempted suicide; she described the assault as "disgusting, dirty, unwanted." McDonagh was sentenced to eight years, with the final 18 months suspended, on the condition he makes no contact with the victim, stays away from her area, and behaves well.
2017-12-12 · Kilkenny
A 49‑year‑old Kilkenny man, whose name is withheld to protect the identity of a 33‑year‑old man, was convicted by a Central Criminal Court jury of 15 counts of rape and oral rape and one charge of sexual assault. He had pleaded not guilty to 35 counts, with the trial judge directing not guilty on the balance. He received a 10‑year sentence, the final year suspended by Ms Justice Isobel Kennedy on 8 February 2016. On appeal, Mr Justice George Birmingham quashed three counts of rape and the remaining count of sexual assault that related to periods before 1 January 1999. The quashing was based on new evidence from the Department of Social Protection showing the man began receiving rent supplement in May or November 1999, indicating he likely did not live at the rented address in 1998.
2017-12-06 · Laois
A High Court action brought by Edward Magan, a beneficiary of the Eaglehill family trust that owns Castletown Cox, over the proposed sale of the 513‑acre south Kilkenny estate has been halted. Mr Magan had previously failed to stop the marketing of the property in a Jersey court, where the court allowed DW Trustees to proceed with marketing and access to Castletown. The trust's lawyers sought injunctions in Dublin to stop the Irish Times from publishing an article about the sale, but Mr Justice Paul Gilligan refused to restrain the newspaper and only allowed Mr Magan to serve short notice of proceedings for an injunction preventing the trustees from promoting the sale. The case was adjourned several times and returned to the High Court after DW Trustees moved to dismiss it on jurisdiction grounds.
2017-11-07 · Kilkenny
Gerard Dowling, 40, of Kilkenny, was committed to the Central Mental Hospital after stabbing 60‑year‑old Simon Bourke in a shopping centre. He was charged with attempted murder, assault and knife possession. A jury found him not guilty by reason of insanity on all charges. Justice Paul McDermott said the CMH is the appropriate place for his ongoing treatment and that his committal is necessary for his safety and that of others. Dr Paul O'Connell noted Dowling's poor insight into his illness and difficulty with medication, and that his treatment will take some time.
2017-10-26 · Kilkenny
In a four‑day trial at Kilkenny County Court, Gerard Dowling, aged 40, was charged with the attempted murder of 60‑year‑old Simon Bourke, assault causing harm, and possession of a knife. The jury, after 40 minutes of deliberation, returned a special verdict of not guilty by reason of insanity. Both the prosecution and defence agreed that Dowling was insane at the time of the assault, as he suffered from paranoid schizophrenia and had not taken medication for several months. He was admitted to the Central Mental Hospital under the Criminal Law Insanity Act. A doctor will report to the court on 7 November to recommend ongoing treatment. Justice Paul McDermott thanked the jurors and exempted them from further service for ten years. The case remains at the mental health treatment stage.
2017-10-26 · Kilkenny
A jury will begin deliberating the trial of Gerard Dowling, 40, of Kilkenny, who stabbed Simon Burke, 60, in the head at Market Cross Shopping Centre on 13 July 2016. Dowling, who suffers from paranoid schizophrenia, has pleaded not guilty by reason of insanity to attempted murder, assault causing harm and producing a knife. The prosecution and defence have presented expert witnesses describing Dowling's mental illness under the Criminal Law Insanity Act. Mr Justice Paul McDermott will conclude his charge in the afternoon after the jury hears closing arguments.
2017-10-25 · Kilkenny
Gerard Dowling, aged 40, of The Sycamores, Freshford Road, Kilkenny, pleaded not guilty by reason of insanity to attempted murder of 60‑year‑old Simon Burke at Market Cross Shopping Centre on 13 July 2016. He also pleaded not guilty by reason of insanity to assaulting Mr Burke and to producing a knife during the same incident. Dowling has a long history of paranoid schizophrenia, having been admitted to hospital on several occasions since 1998. Psychiatrist Dr Brenda Wright testified that Dowling exhibited symptoms of paranoia and delusion, including grandiose beliefs about wealth and employment, and that he had sent threatening text messages to his former partner in 2015. She stated that Dowling's illness meant he did not understand that assaulting Mr Burke was morally wrong and that he had not taken his medication for many months.
2017-10-24 · Kilkenny
Gerard Dowling, 40, with paranoid schizophrenia, went to St Luke's Psychiatric Unit in Kilkenny City on the morning of 13 July 2016, claiming he could not speak to anyone. CCTV shows he entered at 10:08 and left at 10:22. Hours later he stabbed 60‑year‑old Simon Burke at Market Cross Shopping Centre. Dowling pleaded not guilty by reason of insanity to attempted murder, assault causing harm and possession of a knife. He said he had stopped his medication in January and sometimes heard voices. Burke was struck in the head and shoulder; a knife fragment remains in his head and he suffered a broken finger. Dowling claimed he did not know Burke and that his actions were influenced by voices. The trial is before Justice Paul McDermott with a jury of twelve.
2017-10-23 · Kilkenny
Gerard Dowling, 40, of Kilkenny, pleaded not guilty by reason of insanity to attempted murder, assault and knife possession against 60‑year‑old Simon Burke at Market Cross Shopping Centre on 13 July 2016. The Central Criminal Court trial opened with Denis Vaughan Buckley SC presenting forensic psychiatric reports that both prosecution and defence psychiatrists agreed Dowling suffered from paranoid schizophrenia and was not taking medication at the time of the alleged assault. Buckley described Dowling's belief that voices in his head directed him to act, and that he could not refrain from striking Burke with a knife. Burke's partner tried to defend him with a handbag; Burke sustained knife injuries to his head but has fully recovered. If the jury finds Dowling insane, he will be committed to the Central Mental Hospital for assessment and treatment. The trial continues before Justice Paul McDermott.
2017-10-23 · Dublin
An autistic 33‑year‑old man from Kilkenny, Daniel O'Connell, was found not guilty by reason of insanity after attempting to murder his pregnant sister, Olivia O'Connell, in Dublin. The Central Criminal Court judge, Mr Justice Paul Butler, ordered his commitment to the Central Mental Hospital (CMH) for 14 days under the Insanity Act. The order followed a jury's special verdict and a forensic psychiatric report by Dr Anthony Kearns, who confirmed that O'Connell's autism constituted a mental disorder that negated his capacity to form the necessary intent. The judge noted a bed was available at CMH and, after reviewing the report, made the commitment. O'Connell was taken to CMH by staff, accompanied by his family, and will receive inpatient care for his disorder. The case was heard in 2017, with the trial detailing O'Connell's preparation, motive, and the violent attack on his sister, who survived after a struggle.
2017-10-23 · Kilkenny
A 31‑year‑old man, Renars Veigulis, originally from Latvia and residing at Bridge Street, Freshford, Co Kilkenny, is charged with the murder of 29‑year‑old Rita Apine at that address on 14 May. Mr Justice Patrick McCarthy set the trial for 5 November 2018, with the case expected to last up to three weeks.
2017-10-12 · Dublin
Daniel O'Connell, a 33‑year‑old autistic man from Kilkenny, was found not guilty by reason of insanity after attempting to murder his pregnant sister, Olivia O'Connell, in Dublin. The Central Criminal Court heard that Daniel had developed homicidal feelings toward his sister when she moved to Dublin, fearing she would raise a child there. He had a history of an "unnatural dislike of Dublin" stemming from a school trip incident. He admitted to stabbing Olivia three to four times in her home on 25 April 2016, motivated by a belief that she was carrying a Dublin baby and his own suicidal thoughts. Both prosecution and defence psychiatrists agreed that his autism constituted a mental disorder that negated his intent. The jury, after two hours and six minutes, returned a unanimous verdict of not guilty by reason of insanity.
2017-10-12 · Kilkenny
The jury has begun deliberating in the trial of Daniel O'Connell, a 33‑year‑old autistic man from Kilkenny, who is charged with attempting to murder his pregnant sister, Olivia O'Connell, in Dublin. O'Connell pleaded not guilty. He admitted during Garda interviews that on 25 April 2016 he stabbed Olivia several times in her home at Scholarstown Park, Knocklyon, Dublin, claiming he wanted to prevent her from raising her child in Dublin. The Central Criminal Court heard closing speeches from the prosecution and defence. Prosecutor Michael Bowman SC argued that the facts admitted by O'Connell made the defendant's state of mind the key issue, and that both sides' doctors agreed he suffered a mental disorder, supporting a verdict of not guilty by reason of insanity. Defence counsel Vincent Heneghan SC agreed and urged the same verdict. Judge Paul Butler expressed sympathy for the victim and told the jury that a unanimous verdict should be achievable.
2017-10-11 · Kilkenny
In the Central Criminal Court, Daniel O'Connell, 33, pleaded not guilty to an attempted murder charge after stabbing his pregnant sister, Olivia O'Connell, in Dublin on 25 April 2016. O'Connell, an autistic man from Kilkenny, admitted to planning the attack and having intended to kill himself 12 days later. The prosecution presented evidence of his computer searches for terms such as 'murder suicide' and 'not guilty by reason of insanity' and testimony from Garda Niall Russell. Defence counsel Vincent Heneghan SC called Dr Paul O'Connell, a consultant psychiatrist, who argued that O'Connell's autism constituted a mental disorder under the Insanity Act and that his impaired judgment negated intent. Dr Anthony Kearns, also a forensic psychiatrist, concurred that the special verdict of not guilty by reason of insanity was appropriate. The trial is ongoing before Mr Justice Paul Butler and a jury of twelve. Daniel O'Connell was acquitted.
2017-10-11 · Dublin
Daniel O'Connell, 33, an autistic man, is charged with attempting to murder his pregnant sister, Olivia O'Connell. He pleaded not guilty and the jury may find him 'not guilty by reason of insanity'. O'Connell admitted during Garda interviews that he stabbed Olivia on 25 April 2016 in her Dublin home, claiming he wanted her to avoid raising her child in Dublin. Garda Niall Russell informed the Central Criminal Court that O'Connell's computer was searched during the investigation. Russell reported 17 searches for 'murder suicide' between January and 13 April 2016, a February 29 search for a case where a man was found not guilty by reason of insanity, 12 searches for general killings between 9 January and April, and searches for 'jugular vein' and 'wrist' three days before the incident. The prosecution has closed its case; the defence has called a consultant psychiatrist. The trial continues before Mr Justice Paul Butler and a jury of six men and six women.
2017-10-10 · Kilkenny
Daniel O'Connell, 33, is standing trial at the Central Criminal Court, where he has pleaded not guilty to the alleged attempted murder of his sister, Olivia O'Connell. Prosecutors allege that on April 25, 2016, O'Connell stabbed Ms. O'Connell, who was 26 and a half weeks pregnant and suffering from chemotherapy effects, three to four times in the back at her home in Knocklyon, Dublin. The prosecution contends the attack was premeditated, driven by O'Connell's alleged pathological dislike of Dublin and his desire to prevent her from raising a child there. Evidence presented includes O'Connell's admission to Gardaí that he intended to kill her, describing the incident as a "failed murder suicide." He allegedly carried a hammer and duct tape to subdue her and was found wearing latex gloves to hide fingerprints. Ms. O'Connell escaped to a neighbor's house, where she was treated for her injuries; the child was later born healthy. The jury has been informed that not guilty by reason of insanity is an available verdict, with expert psychiatric evidence expected from both sides. The trial is ongoing before Mr Justice Paul Butler.
2017-10-09 · Dublin
A 33‑year‑old man from Kilkenny, Daniel O'Connell, was arraigned in the Central Criminal Court on 9 October 2017 for attempting to murder his sister, Olivia O'Connell, in Dublin on 25 April 2016. He pleaded not guilty. Justice Patrick McCarthy swore a jury of six men and six women, and the trial was scheduled to start the following day and last two days.
2017-10-02 · Kilkenny
A Kilkenny man, whose identity is protected to preserve the anonymity of his now 33-year-old cousin, must await the outcome of an appeal against his conviction for rape and sexual assault of the then 14-year-old. The 49-year-old appellant pleaded not guilty to 35 counts, with the trial judge directing not guilty verdicts on the balance. He was convicted by a Central Criminal Court jury of 15 counts of rape and oral rape and one charge of sexual assault. On February 8, 2016, Ms Justice Isobel Kennedy sentenced him to 10 years imprisonment, with the final year suspended. The appeal, heard by Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Hedigan, was based on alleged new material regarding the timing of the parties' move to a specific property. Defence counsel argued that fresh records indicated the move occurred in mid-1999, after the complainant turned 15, potentially rendering the alleged pre-1999 offences impossible. The prosecution contended the records were unreliable and raised more questions than answers. The court reserved its judgment, meaning the matter was adjourned and not concluded.
2017-07-25 · Kilkenny
In a High Court case, 65‑year‑old James Foley was awarded €92,000 in damages after he injured his left shoulder while loading a four‑year‑old horse onto a lorry for trainer Margaret Mullins at Canterbrook Stud on 18 November 2013. Foley claimed that the horse became spooked, causing him to fall, and that Mullins, who was present, failed to assist him in securing the horse, thereby breaching her duty of care under the 2005 Safety, Health and Welfare at Work Act. Mullins denied the allegations, asserting that the horse was on the ramp when it became unsettled and that Foley had contributed to his injuries by mishandling the animal. Judge Michael Hanna found Foley's version of events more credible, noting that he was an experienced horseman and that Mullins was his employer at the time, and therefore owed him a duty of care.
2017-07-24 · Waterford
A trial date has been set for Tadhg Butler, 37, who is charged with the murder of Michael O'Dwyer, 25, at Butler's Seafield address in Tramore, Co. Wexford, on 10 January 2014. Butler, also known as Thomas O'Grady and originally from Kilkenny, is accused of killing O'Dwyer, who was found with a knife injury and pronounced dead at Waterford Regional Hospital at 1.35 am on that day. Mr Justice Patrick McCarthy fixed 9 April 2018 as the start of the trial, which may extend into a second week. The case will be heard before a judge and jury.
2017-07-21 · Kilkenny
A 49‑year‑old Kilkenny man, whose name is withheld to protect the identity of a 33‑year‑old man, was convicted by a Central Criminal Court jury of 15 counts of rape, oral rape and one charge of sexual assault against a 14‑year‑old. He pleaded not guilty to 35 counts, of which the judge directed not‑guilty verdicts on the balance. He received a 10‑year sentence, with the final year suspended by Ms Justice Isobel Kennedy on 8 February 2016. The man has now filed an appeal, arguing that new material and the trial judge's treatment of answers given to Garda questions should affect his conviction. His counsel, Aidan Doyle SC, highlighted the defence's claim of consensual conduct and the importance of the complainant's age of consent, noting that the complainant was legally incapable of consenting before his 15th birthday.
2017-07-18 · Kilkenny
Skydive Ireland Ltd and its director, David Byrnes, both of Kilkenny Aerodrome Holdensrath, have launched a High Court action against Kilkenny County Council. The applicants challenge an enforcement notice issued by the council in May, which requires the company to cease all sponsored skydiving operations at the airfield. The council alleges the applicants breached planning laws by intensifying an existing use, a claim the applicants reject in sworn statements, arguing that skydiving is exempt from planning permission and that no intensification occurred. The applicants, represented by Jack Tchrakian Bl, seek orders to quash the council's decision and a stay on the enforcement notice's powers until the proceedings are determined. They contend the council breached their legitimate expectation, having previously assured them in 2014 that the airfield was an authorised development for skydiving, an activity the site has hosted since 1965. Although An Bord Pleanala ruled in 2015 that the activities constituted development, the applicants claim the council's current position is unlawful and infringes their constitutional property rights. Ms Justice Margaret Heneghan granted permission to bring the action on an ex-parte basis. The judge made the matter returnable to a date in October, while the specific application for a stay has been adjourned for a week.
2017-07-06 · Waterford
Tadgh Butler, 36, of Seafield, Tramore, was found guilty of murdering Michael O'Dwyer, 25, at Butler's home on 10 January 2014. During the trial he dismissed his legal team on day six and cross‑examined his nephew, Anthony O'Grady, presenting a new version of events that alleged Butler had accidentally stabbed O'Dwyer while trying to remove a knife from O'Grady. O'Grady denied this claim. The jury, after 2 h 26 min of deliberation, returned a unanimous guilty verdict and Butler received a mandatory life sentence on 15 May 2015. Butler appealed, arguing that the trial judge should have warned him that the new version could not be considered by the jury without sworn evidence. The Court of Appeal agreed, quashing the conviction and ordering a retrial, while noting that the trial judge had correctly instructed the jury that unsworn statements could not be treated as evidence. Butler was remanded in custody pending the retrial. Tadgh Butler pleaded not guilty.
2017-07-03 · Waterford
Tadhg Butler, 36, of Seafield, Tramore, was convicted of murdering Michael O'Dwyer, 25, at his home on 10 January 2014. During the trial he dismissed his legal team on day six and chose to represent himself, recalling his nephew, Anthony O'Grady, as a witness. Butler presented a new version of events, claiming he had accidentally stabbed O'Dwyer while removing a knife from O'Grady, a claim denied by O'Grady. The jury found Butler guilty after 2 h 26 min of deliberation and he received a mandatory life sentence on 15 May 2015. On appeal, the Court of Appeal held that the trial judge should have advised Butler that his new version could not be considered by the jury without sworn evidence. Consequently, the Court quashed Butler's conviction, with the possibility of a retrial to be considered later. Tadhg Butler pleaded not guilty.
2017-05-22 · Galway
Promontoria (Arrow) Limited has applied for summary judgment of €30.5 million against Patrick (Paddy) Kennedy of Slieverue, Athenry, Co. Galway, alleging he failed to repay loans originally advanced by AIB for land purchases between August 2006 and August 2009 and later acquired by NAMA. Promontoria, having bought the loans from NAMA in December 2015, demanded repayment and appointed receivers over Kennedy's assets, including properties in Portumna, Athenry and an apartment in Waterford. The application was heard by Mr Justice Brian McGovern, who placed the case on the fast‑track Commercial Court list, with a hearing scheduled for July.
2017-05-15 · Kilkenny
John Joseph Malone, aged 53, was convicted of murdering 69‑year‑old Ann 'Nancy' Smyth on 11 September 1987 at her Kilkenny home. He strangled her and set her house on fire. Justice Patrick McCarthy backdated Malone's sentence to 27 January 2016 to account for time already served in custody before the conviction.
2017-05-08 · Waterford
Tadhg Butler, 36, of Seafield, Tramore, was convicted of murdering Michael O'Dwyer, 25, at Butler's home on 10 January 2014. The Central Criminal Court found him guilty after a 2‑hour 26‑minute trial and sentenced him to mandatory life imprisonment on 15 May 2015. During the trial, Butler dismissed his legal team on day six and cross‑examined his cousin, Patrick O'Grady, a key prosecution witness, in what the judge called an "exceptional situation." Butler later claimed he had changed his defence, suggesting the stabbing was accidental, but the witness rejected this proposition and no evidence was presented to support it. Butler has now filed an appeal on several grounds, with the Court of Appeal reserving judgment. The appeal is pending, and no further procedural developments are reported in the article. Tadhg Butler pleaded not guilty.
2017-05-05 · Kilkenny
The High Court case challenging the Kilkenny Northern Ring Road Extension, which was approved by An Board Pleanala and granted to Kilkenny County Council in July 2014, has been referred to the Court of Justice of the European Union. Mr Justice Richard Humphreys referred eleven legal questions concerning EU directives on the conservation of wild fauna and flora. The questions ask whether statements about the impact of a proposed development must identify the full extent of habitat and species on the site, whether assessments of impact on protected species and habitats inside and outside special areas of conservation are required, and whether an environmental impact assessment must contain sufficient information about each alternative to the proposal. The case involves a 1.5‑km road section that cuts through protected natural areas, including a special protection area for kingfishers and a candidate special area of conservation for the Nore freshwater pearl mussel.
2017-04-13 · Kilkenny
In a 2017 trial, John Joseph Malone, aged 53, was found guilty of murdering 69‑year‑old Ann 'Nancy' Smyth on 11 September 1987. The Central Criminal Court jury, after 3 hours 26 minutes of deliberation, returned a unanimous verdict. Malone strangled Smyth before setting her Wolfe Tone Street home on fire. He had been on bail when the trial began, but his bail was revoked after he shouted abuse at 81‑year‑old Eileen Kelly, who later testified. The court delayed sentencing to allow Smyth's family to speak. Justice Patrick McCarthy imposed a life imprisonment sentence, exempting the jury from further service for ten years. The case was reopened in 2012 when witnesses, including members of a Presbyterian Bible group, came forward with statements that Malone had confessed to the murder and the fire. The trial relied on witness testimony and a pathologist's report showing strangulation before the fire. No forensic evidence was presented.
2017-04-13 · Kilkenny
A jury has begun deliberating on the verdict in a cold case murder trial. The accused, John Joseph Malone, 53, of Newpark, Kilkenny City, pleaded not guilty to the strangulation and subsequent arson that killed 69‑year‑old Ann 'Nancy' Smyth on 11 September 1987 at Wolfe Tone Street. Justice Patrick McCarthy delivered a charge to the jury at the Central Criminal Court, stressing that a unanimous verdict is required and that the prosecution must prove beyond reasonable doubt that Malone caused Ms Smyth's death.