Court archive

Court reports mentioning Laois

2017-10-27 · Laois

Judge expands "Isaac Wunder" order against woman over "vexatious litigation"

In a High Court case, Judge Michael Twomey imposed an Isaac Wunder order on June Smith and her non‑professional advisor William Murphy after a series of actions Smith had taken against the former farm at Carn, Portarlington, which had been mortgaged to ACC Loan Management and subsequently sold. Smith had previously been found in contempt in 2012 and had obtained a permanent injunction preventing her from trespassing on the farm. Despite the order, Smith continued to file motions against new parties, including Ballinline Ltd, the State, and the Garda Commissioner, and sought an injunction from Judge Max Barrett, who was unaware of the earlier injunctions. Smith's claims against her former solicitor were struck out as unsubstantiated. Judge Twomey declared that Smith's continued litigation was an abuse of process, and he expanded the Isaac Wunder order to prohibit any further proceedings against the farm without the President of the High Court's permission.

2017-10-23 · Donegal

Tribunal hears of threats made against whistleblower's life

The Charleton tribunal heard evidence on October 23rd regarding threats made against Garda Keith Harrison's life in October 2013. Chief Superintendent Terry McGinn of Donegal division outlined how two anonymous 999 calls on 4th and 5th October reported threats against Garda Harrison. The first call described an overheard conversation in a Strabane bar, and the second indicated the threat originated from a relation of Martin McDermott, who was imprisoned following a manslaughter conviction. McDermott was the brother of Garda Harrison's partner. The threats were assessed as substantial, leading to security measures and restrictions on Garda Harrison's movements. A mobile phone subsequently located in Portlaoise Prison resulted in McDermott's release date being postponed. The tribunal also examined contacts between gardaí and HSE/Tusla regarding Garda Harrison. Superintendent Eugene McGovern, stationed in Buncrana, confirmed attending meetings with Tusla management but stated that individual cases were not discussed at such forums. A referral concerning Garda Harrison's partner and her children resulted in no further action pending additional information.

2017-10-23 · Dublin

10 years for man who raped woman lost on Dublin night out

In a Dublin Central Criminal Court trial, Egyptian national Mohamed Okda, aged 31, was found guilty of two counts of rape and one count of sexual assault after a 2014 incident in a city centre flat. The jury returned unanimous guilty verdicts after a seven‑day trial. Judge Michael Moriarty sentenced Okda to eleven years for each rape and five years for the assault, with all terms running concurrently and the final year suspended. The judge noted the difficulty of imprisonment for foreign nationals and acknowledged Okda's claim of threat while in custody. The victim, a married mother, described panic attacks, depression and a "broken" life in her impact statement, and the judge highlighted her ongoing struggle to rebuild her life with family support. Okda has 16 prior non‑sexual convictions in Ireland. Mohamed Okda pleaded not guilty.

2017-10-20 · Donegal

Judge wants more information on strip searches in NI prison before extradition decision

A High Court judge has requested further information on strip searches in a Northern Ireland prison before deciding on the extradition of an unnamed 40-year-old defendant. The defendant, Mr Damien Joseph McLaughlin, was arrested in County Donegal last March under a European Arrest Warrant issued by Northern Ireland authorities. He is wanted in connection with the murder of prison officer David Black in 2012, as well as charges related to engaging in conduct in preparation for acts of terrorism and being a member of a proscribed organisation. The maximum penalties applicable to each of the four offences are ten years, 15 years, and two penalties of life imprisonment. The judge rejected claims that restrictions on movement or strip searches in Maghaberry prison would constitute inhuman or degrading treatment. However, she noted that the use of full-body searches may be unnecessary due to available technology, as indicated by credible evidence from a Joint Oireachtas Committee. The judge requested further information from the Minister for Justice and the UK regarding the use of such technology. A resumed hearing will take place on November 21, and Mr McLaughlin was remanded in custody until that date.

2017-10-09 · Dublin

Convicted rapist does not accept jury verdict, court hears

In a case heard at the Central Criminal Court, Egyptian national Mohamed Okda, aged 30, was found guilty of raping a woman he met in February 2014 after she became lost and upset during a night out in Dublin. The woman, a married mother, had been visiting Dublin with two female friends, became drunk and tired, and lost contact with them. Okda approached her, offered help, and after she returned to his flat, he raped her. The jury returned unanimous guilty verdicts on two counts of rape and one count of sexual assault after a seven‑day trial. Okda's defence, led by Ciaran O'Loughlin SC, requested an adjournment of the sentencing hearing to obtain a psychological report, citing concerns that two other men were present in the flat and had not been interviewed by Gardaí. The judge agreed to adjourn the sentencing to 23 October, and the victim was not present at the hearing. Mohamed Okda pleaded not guilty.

2017-07-29 · Dublin

Mother tells court she is "now a broken person" after rape

In a victim impact statement at the Central Criminal Court, a married mother described how she is now a "broken person" after being raped by Mohamed Okda in February 2014. She said she suffers from panic attacks and depression, feels her trust and belief in people have been shattered, and that she has lost friends and feels unable to talk about the night. Okda, 30, was found guilty by a jury of two counts of rape and one count of sexual assault. The jury returned unanimous guilty verdicts after a seven‑day trial. The case will return to court on 9 October. The mother thanked her husband for support and said she is working to repair their relationship. Okda has 16 prior convictions in Ireland, none for sexual offences, and has been in custody since his conviction.

2017-07-25 · Dublin

Former security guard imported over 41,000 ecstasy tablets

John Coonan, a former security guard, appeared before Dublin Circuit Criminal Court on appeal regarding his conviction for importing 41,360 ecstasy tablets. Coonan pleaded guilty to one count of importing the drugs at Clarence Mangan Road, South Circular Road, Dublin 8, on June 25, 2016. He alleged that he committed the offence under duress after men threatened to harm his fiancée. Judge Cormac Quinn accepted that Coonan acted out of fear rather than for monetary gain, noting his lack of previous convictions. However, the judge emphasized that couriers play an essential role in the drugs trade. The court handed down a six-year sentence but suspended the final three years on a number of conditions, resulting in an effective custody period of three years. Coonan had previously made admissions to gardaí, stating he was given a throw-away phone and instructed to pick up the package, which was intercepted at Portlaoise mailing centre. Defence counsel argued that Coonan's role was small within a larger enterprise orchestrated by others. The court also noted that Coonan has since obtained full-time employment and is involved in community support activities.

2017-07-07 · Dublin

Egyptian man convicted of raping woman who became lost on night out

In February 2014, Mohamed Okda, a 30‑year‑old Egyptian national, was convicted by a jury of raping a woman who had become lost during a night out in Dublin. The woman, who was drunk and disoriented, had been staying with friends and had lost contact with them. Okda approached her, offered help, and invited her to his flat. While she was unconscious, he allegedly forced sexual acts upon her, including rape. She later testified that he had taken her glasses and phone, coerced her into oral sex, and threatened her. After the incident, she fled the flat, was found by a taxi driver, and reported the assault to Gardaí. Okda was remanded into custody for sentencing on 28 July. The trial lasted seven days, and the jury returned unanimous guilty verdicts on all counts within just under three hours. The court rejected a bail application, citing flight risk concerns. Mohamed Okda pleaded not guilty.

2017-05-11 · Dublin

Dublin man who smuggled IRA communiqué is found guilty of IRA membership

Brian Kenna, 54, of Crumlin Park, Dublin, was convicted by the Special Criminal Court of membership in the Irish Republican Army (IRA). Kenna had denied being a member of the unlawful organisation on 21 November 2015. The court heard testimony from Garda Assistant Commissioner Michael O'Sullivan, who believed Kenna was an IRA member on that date. Evidence included a briefing by Chief Superintendent Tom Maguire to the Special Detective Unit (SDU) that Kenna would be in Portlaoise prison engaging in IRA activities. CCTV footage showed Kenna arriving at Portlaoise prison at 10:20 am and leaving with white objects that were later identified as Christmas cards. While being searched in the prison carpark, a small item wrapped in cling film was found in Kenna's pocket. The item was an IRA communiqué containing three cigarette papers with handwritten notes. The message detailed a debriefing of three men who had been arrested after an intercepted IRA operation in Rathkeale, County Limerick.

2017-05-08 · Laois

Teen murderer gives undertaking to stay away from home town of victim's family

Darren Goodwin, who was sentenced to life in prison at 16 for the 2003 murder of 14‑year‑old Darragh Conroy, was released last year after a psychiatric review. At a Central Criminal Court hearing on 8 May 2017, Goodwin gave an undertaking not to travel within an eight‑kilometre zone centred on Mountmellick unless he receives verbal permission from probation services. He agreed to this condition when his barrister, Patrick Gageby SC, explained that his parents live near Mountmellick and that he might wish to visit them. Goodwin's statement was "I agree to that." The court noted that the family had wanted to move out of the area but found it impractical. The hearing reaffirmed the conditions of Goodwin's release and his commitment to remain outside the specified zone unless authorised.

2017-05-05 · Laois

"No-one ever suspects Santa of committing a crime": Christmas cards used as cover to smuggle IRA communique, prosecution submit

During the Special Criminal Court hearing on 5 May 2017, the prosecution alleged that Brian Kenna, 54, used Christmas cards to smuggle a "secret and sensitive" IRA communiqué out of Portlaoise prison. Prosecutor Ronan Kennedy presented CCTV evidence showing Kenna carrying fifteen Christmas cards and later being stopped in the carpark where a document fell from his right jeans pocket. Kennedy argued the pocket was not accidental and that Kenna was aware of the contents, describing the cards as a perfect cover for a sinister document. Kenna's defence, led by Siobhan Stack, contended that the case hinged on a single document that did not mention him or the Gardaí's interception, and that there was no evidence Kenna had seen it. Judge Tony Hunt remanded Kenna on continuing bail until the verdict next Thursday.

2017-05-03 · Dublin

Handwriting analysis of "IRA communiqué" inconclusive, trial hears

In a Special Criminal Court hearing, Brian Kenna, 54, pleaded not guilty to membership of the Irish Republican Army. The court considered handwriting evidence from an alleged IRA communiqué smuggled from Portlaoise prison. Detective Garda John Sweetman examined the communiqué, written on three cigarette papers, and compared it with Christmas cards Kenna carried. He concluded the comparison was inconclusive and could not reliably determine common authorship. The trial is set to resume on Friday morning before Mr Justice Tony Hunt, Judge John O'Hagan, and Judge Flann Brennan.

2017-05-02 · Laois

"Secret communiqué" to be delivered to dissident's NI leadership, IRA trial hears

The Special Criminal Court heard evidence regarding a secret communiqué allegedly smuggled out of Portlaoise prison by Brian Kenna. Kenna, who pleaded not guilty to membership of the IRA, was found with the document in his pocket during a search. Detective Chief Superintendent Tom Maguire testified that the message, written on cigarette paper, was a debriefing of three men involved in an intercepted IRA operation, intended for the group's leadership in Northern Ireland. The debriefing concerned Conor Hughes and Darren Fox, who admitted to the unlawful possession of a sawn-off shotgun and two shotgun cartridges in County Limerick, and James Smithers, who was found guilty of IRA membership. Maguire stated the debriefing was conducted by the IRA's commanding officer in Portlaoise prison and referenced three other leading members in Northern Ireland. Kenna was interviewed under Section 2 of the Offences Against the State (Amendment) Act, 1998, allowing inferences to be drawn from his silence. He denied travelling to the prison for IRA activities, claiming he visited in his capacity with the Irish Prisoners' Welfare Association to raise welfare concerns. Kenna stated he was unaware of the note, suggesting it may have been hidden among Christmas cards handed to him. The trial continues before Mr Justice Tony Hunt, sitting with Judges John O'Hagan and Flann Brennan.

2017-04-27 · Laois

Arrest of IRA accused lawful, court rules

In a Special Criminal Court hearing, judges ruled that the search and arrest of Brian Kenna, 54, were lawful. Kenna, who lives in Crumlin, Dublin, pleaded not guilty to membership of the unlawful organisation Oglaigh na hEireann (IRA). The court accepted that Detective Sergeant Padraig Boyce had reasonable suspicion to stop and search Kenna outside Portlaoise prison after an alleged IRA communiqué fell from his pocket. The judge confirmed Boyce's independent view that Kenna was an IRA member. The court will decide tomorrow on an application challenging the legality of the car search.

2017-04-26 · Dublin

Search of IRA accused unlawful, defence submit

In the Special Criminal Court, Brian Kenna, 54, of Crumlin, pleaded not guilty to membership of the Irish Republican Army (IRA) on 21 November 2015. The court heard that a detective searched Kenna outside Portlaoise prison after an alleged IRA communiqué fell from his pocket. On 26 April 2017, Kenna's solicitor, Siobhan Stack SC, argued that the search and arrest were unlawful, claiming the detective had only very general information and lacked sufficient suspicion to justify stopping and searching Kenna. Judge Tony Hunt, with Judges John O'Hagan and Flann Brennan, will decide the matter tomorrow.

2017-04-25 · Dublin

Man arrested "smuggling IRA communiqué out of prison", trial hears

Brian Kenna, 54, of Crumlin Park, was arrested by Gardaí while allegedly smuggling an IRA communiqué out of Portlaoise prison on 21 November 2015. He pleaded not guilty to membership of an unlawful organisation, namely Oglaigh na hEireann (the IRA). Detective Sergeant Padraig Boyce, of the Special Detective Unit, informed Kenna that he would be searched under Section 30 of the Offences Against the State Act. During the search, Kenna's jeans pockets yielded a small paper wrapped in cling film, which Boyce identified as an IRA communiqué. Kenna denied knowledge of the paper and laughed. He claimed he was visiting two prisoners, Tony Carroll and Kevin Devlin. The prosecution presented evidence that Kenna was a representative of the Irish Republican Prisoners' Welfare Association and that he was an IRA member on the date in question. The defence, led by Siobhan Stack SC, challenged the legality of the stop and search, the arrest, detention and seizure of Kenna's car.

2017-04-25 · Louth

"Growing public alarm" over increase in knife crime, appeal court judge notes

In a 2017 appeal court hearing, Judge Alan Mahon upheld a three‑year jail sentence for Oliver Kennaway, who had pleaded guilty to robbing a filling station in Dundalk on 27 July 2013 with a knife. Kennaway, aged 37, entered the station wearing a hoodie and a large knife, demanded money from the till, and fled with €500, pursued by an employee. The judge noted Kennaway's difficult personal background, 15 prior convictions, and a seven‑year period of being conviction‑free before this offence. He described the robbery as "frightening and intimidating" and linked it to Kennaway's chronic drug addiction. Judge Mahon concluded that, given the growing public concern over knife crime, the net custodial sentence of three years was not unduly harsh and could be described as lenient. The appeal was dismissed.

2017-03-24 · Cork

Serial burglar stole charity box from toy store on Christmas Eve

Mark Hurley, aged 22, pleaded guilty to burglary of Pinocchio's toy store on Paul Street, Cork, on 22 December 2014. He broke a window, stole €1,200, a charity collection box and an i‑pod nano, and damaged a card‑reading machine, hindering the shopkeeper's ability to process card transactions during the busy Christmas period. Hurley left a palm print that led to his identification. He had 33 prior convictions, including 23 burglaries and 15 offences committed while on bail, and had recently been released from Portlaoise prison on temporary release. The Circuit Court had sentenced him to six years' imprisonment, with the final two years suspended. On appeal, the Court of Appeal found the starting point too high and re‑sentenced him to five years' imprisonment, again with the final two years suspended. He was required to enter a good‑behaviour bond for the suspended period.

2017-02-09 · Laois

Prisoner who claimed ex-garda inmate "requested" assault loses appeal

Gerard Brown, 34, was convicted by a jury at Portlaoise Circuit Criminal Court of assaulting fellow inmate Stephen Cooper in the Midlands Prison on 20 May 2014. Brown was sentenced to three years imprisonment, consecutive to a term already being served. Brown appealed the sentence, arguing that the offence was committed in prison and that the judge had double‑counted aggravating factors. He also claimed that Cooper had consented to the assault, having requested Brown to attack him to facilitate Cooper's early release on safety grounds, and that Cooper had agreed to provide Brown with documents, information and €1,000. Cooper denied any consent or agreement. The Court of Appeal, with Mr Justice Alan Mahon presiding, dismissed the appeal, holding that the sentence was not unduly harsh and that the fact the offence occurred in prison should not have been treated as an aggravating factor. The appeal was dismissed by the Court of Appeal.

2017-02-09 · Dublin

Murder accused told two days before statement that murder charge would be dropped, court hears

In a Special Criminal Court hearing, a former accused who became a prosecution witness in the Peter Butterly murder case was informed two days before he gave a statement to the gardai that his murder charge would be dropped. The case involves two Dublin men, Edward McGrath (35) and Sharif Kelly (47), who pleaded not guilty to the alleged murder of 35‑year‑old Peter Butterly, who was shot outside The Huntsman Inn in Gormanston on 6 March 2013. McGrath also pleaded not guilty to firearms offences. A third accused, Dean Evans (24), failed to appear and has not been located. The court also heard cross‑examination of David Cullen, who had previously offered statements on several IRA‑related cases, including Butterly's shooting. Cullen claimed he was told the murder charge would be dropped before he gave his statement, a claim that his counsel, Giollaíosa Ó'Lideadha SC, used to question the admissibility of Cullen's evidence.

2017-02-08 · Laois

Laois flooding claim settled

In a High Court case, Mr. Chris Mahon and his wife Shelia Mahon sued Laois County Council for flood damage to their Clonaheen home caused by works on a culvert beneath the road. The floods occurred in August 2008 and November 2014. The Mahons alleged the council was negligent, claiming the culvert was defective and that the council failed to repair it, leading to two extensive floods that destroyed their property. The council denied negligence, attributing the floods to record rainfall and suggesting the Mahons' own alterations contributed. After negotiations, the parties settled: the council will carry out voluntary flood relief works within 12 weeks, and the case may be struck out. No further settlement details were disclosed. The judge welcomed the settlement and the preventive measures agreed.

2017-02-07 · Laois

Flood waters like "a small tsunami", Laois man tells High Court

In a High Court hearing, Mr Chris Mahon of County Laois described how flood waters in November 2014 surged across his property like a "small tsunami," breaching the front door of his family home at Clonaheen, Mountmellick, after a local stream overflowed. He recalled hearing a cracking noise before the water rose to his boots, and that a family dog was rescued from the yard. The flooding caused extensive damage to the interior, yard, and drinking water supply, leaving the Mahons unable to obtain flood insurance. Mr Mahon, who became upset during testimony, said the council's 2007 culvert works were negligent, leading to a collapsed section that backed up water. He seeks damages and an injunction to repair the culvert, while the council denies negligence, attributing the floods to record rainfall. The case is before Mr Justice Paul McDermott, with mediation suggested.

2017-02-06 · Dublin

Man caught with tablets after agreeing to transport "mixing agent" avoids jail

Raymond Malone, aged 33, was stopped by gardai on the Tallaght by-pass on 6 June 2015 after driving a van from London that he had flown to collect. The van contained 25,300 diazepam tablets, worth €25,300, and 23.7 kg of benzocaine, a mixing agent used to bulk cocaine, worth €11,850, hidden in a false compartment. Malone pleaded guilty at Dublin Circuit Criminal Court to possession of diazepam and benzocaine. He had previously been convicted of 11 road‑traffic offences. Judge Pauline Codd found Malone had acted with "wilful blindness" and that his role was that of a courier with little profit. She imposed a three‑and‑a‑half‑year sentence, suspended for four‑and‑a‑half years, citing his early plea, lack of drug habit, and testimonials. The case highlighted the use of benzocaine as a cutting agent in the drug trade.

2017-02-02 · Meath

Detective denies offering to drop murder charge before statement

In a 2017 court hearing, detectives investigating the 2013 murder of Peter Butterly denied that any offer was made to drop a murder charge against an accused who later became a prosecution witness. The case involves Edward McGrath, Sharif Kelly, and a missing third accused, Dean Evans. McGrath and Kelly have pleaded not guilty to murder and firearms offences. The Special Criminal Court proceeded with McGrath and Kelly after Evans' absence. Lawyers challenge the admissibility of evidence from state witness David Cullen, who was originally accused of the murder. Detective Chief Superintendent Tom Maguire testified that he received a call from Cullen's solicitor on 6 June 2014, who sought immunity, witness protection, and financial assistance for Cullen. No commitment was made, and the detectives reported the matter to authorities. Subsequent meetings with Cullen's solicitor and the DPP were held, but no formal deal was confirmed. The judge requested details of any decision to drop the charge.

2017-01-31 · Laois

Prisoner claimed ex-garda inmate requested to be assaulted

In 2014, Gerard Brown, aged 34, assaulted fellow inmate Stephen Cooper in the Midlands Prison. Cooper, an ex‑garda serving a fraud and perverting the course of justice sentence, was being escorted to the gym when Brown struck him on the head with a mug hidden in a sock. Brown admitted the assault but claimed Cooper had asked him to do it to help orchestrate Cooper's early release on safety grounds, and that Cooper had agreed to provide documents, information and €1,000 in return. Cooper denied any consent or agreement. Brown was convicted by a jury at Portlaoise Circuit Criminal Court and sentenced to three years' imprisonment, consecutive to his existing term. He has appealed the sentence, arguing the judge erred in treating the offence as aggravated because it occurred in prison, and that the consecutive sentencing provisions were a "double loading." The Court of Appeal has reserved judgment on the appeal.

2017-01-31 · Dublin

Detective denies he "deliberately withheld" information about how murder accused turned State's witness

The Special Criminal Court trial of Edward McGrath and Sharif Kelly, who have pleaded not guilty to the alleged murder of Peter Butterly and firearms offences, continues before Mr Justice Tony Hunt. A third accused, Dean Evans, failed to appear and has not been located, prompting the non-jury court to proceed with the two co-accused. The proceedings currently focus on a voir dire, or trial within a trial, to determine the admissibility of evidence from state witness David Cullen, who was originally accused of the murder. Defence counsel for Mr Kelly challenged Detective Superintendent Alf Martin, the senior investigating officer, suggesting he deliberately withheld information regarding how Cullen became a prosecution witness. The detective denied deliberately concealing facts, stating there was no deal to drop charges, though he acknowledged a phone call where a solicitor's notes referenced a dropped murder charge. Former Witness Protection Program chief superintendent John Gilligan testified that he was informed of Cullen's potential application in June 2014 and arranged his transfer for safety. The court is assessing these testimonies to decide whether Cullen's evidence should be admitted. The trial remains ongoing, with no final verdict or sentence issued.

2017-01-30 · Kildare

Court dismisses assertion that prosecutors "ambushed" murder accused

The Court of Appeal has rejected claims that prosecutors improperly handled plea negotiations during the murder trial of Darren Wynne. Wynne, aged 23 from Ballyroe, Athy, County Kildare, was convicted of murdering Jamie Lindsay at Coney Green, Athy on 6 April 2013 and received a mandatory life sentence in July 2014. Two co-accused, Quentin Monaghan and James Seery, both aged 23, pleaded guilty to manslaughter during proceedings and received eight and seven years' imprisonment respectively, with portions suspended. Wynne's appeal argued that the timing of his co-accuseds' pleas—entered after gardaí interview memos were admitted—prejudiced his defence and warranted a retrial. Mr Justice George Birmingham, sitting with two colleagues, dismissed the appeal, characterising the allegations of prosecution misconduct as an "unsupported assertion". The court found no evidence of improper conduct and upheld the conviction.

2017-01-30 · Ireland

Lawyers challenge evidence of murder accused turned State's witness

In a dissident republican murder trial, defence counsel for Edward McGrath, Sharif Kelly, and the absent Dean Evans challenged the admissibility of evidence from State witness David Cullen, who had originally been an accused. Cullen, a 35‑year‑old former suspect, agreed to testify for the prosecution in exchange for immunity from the murder charge and a lesser offence. He provided information on the car, gun, and planning of the shooting, and also on another high‑profile murder. Cullen was in Portlaoise Prison when the deal was struck, later moved to Midlands Prison, and gave a statement on 27 June 2014. He was sentenced on 2 July 2014 to seven years' imprisonment for possession of a firearm, with three and a half years suspended. Defence argued that procedural failures made Cullen's testimony unreliable, and the court will decide on its admissibility. The trial is presided over by Mr Justice Tony Hunt. Edward McGrath pleaded not guilty. Sharif Kelly pleaded not guilty.

2017-01-24 · Kildare

Father-of-four jailed for receiving cannabis package

Musuala Lombe, a 34‑year‑old father of four originally from the Democratic Republic of the Congo, was sentenced to one year in jail after a jury at the Dublin Circuit Criminal Court found him guilty of unlawful possession of a controlled drug and possession of cannabis for the purpose of sale or supply. The offence stemmed from a €20,000 package of cannabis that arrived from Belgium in 2009 and was seized by Gardaí in a Ballycullen, Dublin 24, operation. Lombe was arrested after signing for the package, and a cannabis crusher and a €1,500 Western Union transfer were also seized. The judge, Elma Sheahan, suspended the final year of a two‑year sentence on the condition that Lombe attend a drug‑addiction support service. The court noted that Lombe, who has lived in Ireland since 2000, may face deportation following the conviction.

2017-01-17 · Dublin

Five get jail sentences of between 3 and 7.5 years for Dale Creighton killing

Five men were sentenced at the Central Criminal Court for the killing of Dale Creighton, who died from blunt force injuries after a 14-minute assault at a Tallaght footbridge in 2014. The defendants, originally charged with murder, changed their pleas to guilty of manslaughter. Ms Justice Deirdre Murphy described the attack as prolonged and vicious, noting that the victims were 'pretty normal, average young people.' Graham Palmer (26) was jailed for five years; Ross Callery (23) and Jason Beresford (23) each received six-year sentences; David Burke (28) was sentenced to seven and a half years; and Gerard Stevens (27) received three years. Aisling Burke (23), who pleaded guilty to violent disorder, was given a five-year sentence with the final four years suspended for two years, though the imposition of this sentence was adjourned for one week to allow her to arrange childcare. James Reid (26), who pleaded guilty to possession of a knife, received a fully suspended two-year sentence and entered a €1,000 bond to be of good behaviour for two years. The victim's family expressed disappointment at the leniency of the sentences, particularly regarding the suspended portions.

2016-12-22 · Dublin

"I love you": last words mother heard from Dale Creighton(20)

Seven defendants appeared before the Central Criminal Court for sentencing following the death of Dale Creighton, who died from blunt force injuries sustained during an assault on a Tallaght footbridge on New Year's Day 2014. Originally charged with murder, the group pleaded guilty to lesser offences on the 15th day of their trial. Graham Palmer, Ross Callery, Gerard Stevens, Jason Beresford, and David Burke each pleaded guilty to manslaughter. Jason Beresford also pleaded guilty to violent disorder, as did Aisling Burke. James Reid pleaded guilty to possession of a knife with a blade or sharp point. The court heard victim impact statements from Creighton's parents, who expressed their enduring grief and stated they would never forgive those responsible. Counsel for the defendants submitted mitigation, noting that most expressed remorse and had no prior convictions. Aisling Burke's counsel highlighted her status as a mother and her early plea. Graham Palmer's counsel noted his cooperation with Gardaí and admission of involvement in punching and slapping the deceased. David Burke's counsel argued he did not cause serious harm and attempted to stop others. The judge is now considering appropriate sentences for these admitted offences.

2016-12-21 · Laois

Prisoner claimed ex-garda inmate "requested" assault

During a Court of Appeal hearing on 21 December 2016, Gerard Brown, aged 34, was found guilty of assaulting fellow inmate Stephen Cooper, an ex‑garda, on 20 May 2014 at Midlands Prison. Brown had been sentenced to three years' imprisonment, consecutive to a term already served, after a jury at Portlaoise Circuit Criminal Court convicted him of assault causing harm. Brown claimed that Cooper had requested the assault to facilitate his early release on safety grounds, alleging that Cooper had instructed him to "not hold back" and to "just make sure there is blood", and that Cooper had offered documentation, information and €1,000 in return. Cooper denied any consent and insisted there was no agreement.

2016-12-20 · Kildare

Appeal lawyer accuses DPP of "ambushing" murder accused and "offering" manslaughter pleas

The Court of Appeal heard an appeal by Darren Wynne, who was found guilty by a jury of murdering Jamie Lindsay at Coney Green, Athy, on April 6, 2013, and sentenced to life imprisonment by Mr Justice Garrett Sheehan in July 2014. Wynne's counsel, Damien Colgan SC, alleged that the Director of Public Prosecutions ambushed his client by allowing co-accused Quentin Monaghan and James Seery to plead guilty to manslaughter only after key evidence was admitted. Colgan argued this timing prejudiced Wynne's provocation defence and requested the conviction be quashed for a retrial. Monaghan was sentenced to eight years' imprisonment with two suspended, while Seery received seven years with three suspended. Counsel for the DPP, Alex Owens SC, rejected these claims as wild allegations, stating there was no evidence of misconduct and that the evidence against Wynne was overwhelming. The court, comprising Mr Justice John Edwards, Mr Justice George Birmingham, and Mr Justice Patrick McCarthy, reserved its judgment. The matter was adjourned pending the decision.

2016-12-19 · Dublin

Dale Creighton did not have phone when discovered unconscious at footbridge, court hears

The sentence hearing for seven accused in the 2014 death of Dale Creighton was adjourned, with Ms Justice Deirdre Murphy indicating sentences will be announced in January. The accused, originally charged with murder, pleaded guilty to lesser offences after their initial not-guilty pleas were withdrawn during trial. Graham Palmer, Ross Callery, Gerard Stevens, Jason Beresford, and David Burke pleaded guilty to manslaughter. Jason Beresford and Aisling Burke pleaded guilty to violent disorder. James Reid pleaded guilty to possession of a knife. Evidence presented included CCTV footage and testimony from Sergeant Brian Cagney, who stated Creighton was found unconscious on a Tallaght footbridge without a mobile phone, despite an allegation he had stolen one. Creighton died from blunt force injuries. The court noted prior convictions for David Burke, James Reid, and Gerard Stevens. A letter from Beresford, read by counsel, apologized to the Creighton family. The matter remains pending final sentencing.

2016-12-19 · Dublin

Sentencing hearing for five Dubliners who admit killing Dale Creighton

In a sentencing hearing that began on 19 December 2016, five Dublin men who had admitted killing a 20‑year‑old on a Tallaght footbridge on New Year's Morning 2014 were sentenced. The men, all in their twenties and from Tallaght, had originally been charged with murder but the charges were dropped on the 15th day of the trial after they pleaded guilty to lesser offences. The victims' death was caused by blunt force injury to the head and face. The defendants – Aisling Burke (23), David Burke (28), Graham Palmer (26), Ross Callery (23), James Reid (26), Jason Beresford (23) and Gerard Stevens (27) – had all pleaded not guilty to murder but later pleaded guilty to manslaughter, violent disorder or possession of a knife. The court heard CCTV footage and Garda interview memos during the hearing.

2016-12-05 · Offaly

GP told gardai she didn't make "conscious decision" to take disabled daughter "out of this world"

The trial of Bernadette Scully, 58, a GP accused of unlawfully killing her profoundly disabled daughter, Emily Barut, continued at the Central Criminal Court before Mr Justice Patrick McCarthy. Ms Scully, who has pleaded not guilty, is alleged to have caused Emily's death on September 15, 2012, through gross negligence by administering an excessive quantity of chloral hydrate at their home in Tullamore. On the fifth day of the trial, her interviews with gardai were read into evidence. Ms Scully stated she did not make a conscious decision to take Emily "out of this world," claiming she was panicked and exhausted after Emily suffered an unprecedented seizure. She admitted giving approximately 32ml of sedative, double her usual maximum, to stop the fit, but denied premeditation. She acknowledged that Professor Cassidy, the applicant for the post-mortem, had suggested her actions led to the death. The court heard that Ms Scully made two suicide attempts that day and wrote a note at the scene, which she denied writing before Emily died. The matter was adjourned and continues tomorrow morning.

2016-12-02 · Offaly

GP on trial for manslaughter told gardai she was "a demented mother with a screaming child"

On the fourth day of the trial, 58‑year‑old GP Bernadette Scully, charged with the manslaughter of her 11‑year‑old daughter Emily Barut, gave a voluntary statement to the court. She described the daily hardships of caring for a severely disabled child with epilepsy, microcephaly and cerebral palsy, and explained that she had administered chloral hydrate to relieve pain and stop seizures on the night of Emily's death. Scully admitted she had given more than the normal dose, noting that Emily stopped breathing after a fit. She also recounted two failed suicide attempts that day and expressed that she had never intended to harm her daughter. The statement was read into evidence, and the case remains in the Central Criminal Court. Bernadette Scully pleaded not guilty.

2016-11-25 · Kildare

Congolese man may be deported after being caught with drugs

Musuala Lombe, a 34‑year‑old Congolese father of four who has lived in Ireland since 2000, was found guilty by a jury of unlawful possession of a controlled drug and possession of cannabis for the purpose of sale or supply on 27 April 2009. The cannabis, worth €20,000, was seized from a suspicious package that customs and excise officers in Portlaoise intercepted on 22 April 2009. Lombe signed for the package at a Ballycullen address, was arrested five minutes later, and was not charged until 2014. He has no prior convictions and has not been involved with Gardaí since the offence. The court noted the seriousness of the offence, ordered a probation report and adjourned sentencing to 23 January next year. The case also raised questions about the renewal of his green card, which has been subject to frequent renewal and may be affected by the criminal proceedings.

2016-11-23 · Meath

Reserved judgement in Alan Bradley's bid for enhanced remission

The High Court has reserved its decision on a judicial review action brought by Alan Bradley, who was sentenced to nine years imprisonment with the final two years suspended for conspiring to steal cash from Chubb Ireland in November 2007 at Tesco, Celbridge, Co Kildare. Bradley, along with his brother Wayne, pleaded guilty in 2012 to the charge. His sentence was later reduced on appeal to eight years, with 18 months suspended. Bradley claims he is entitled to one-third remission of his sentence, rather than the standard one-quarter, citing his attendance at courses and good behaviour while in Portlaoise Prison. Two applications for enhanced remission were refused by the Minister for Justice on the grounds that he posed a risk to public safety. Bradley argues the Minister failed to provide proper reasons for the refusal and that he was denied fair procedures. The Minister opposes the action, stating she was entitled to refuse enhanced remission based on the evidence. Following submissions from both parties, Ms Justice Úna Ní Raifeartaigh reserved her decision and remanded Bradley on continuing bail pending her ruling.

2016-11-22 · Meath

Alan Bradley's bid for enhanced remission opens before High Court

Alan Bradley, 42, of Churchfields, Kentstown, Co Meath, is challenging the Minister for Justice's refusal to grant him one‑third remission of his sentence for conspiracy to rob a security van containing €1m in cash. Bradley pleaded guilty in 2012 to conspiring to steal cash from Chubb Ireland in 2007 and was sentenced to nine years, with the final two years suspended. An appeal reduced the sentence to eight years with 18 months suspended. Bradley argues that his completion of several educational and training courses, including first aid, entitles him to enhanced remission rather than the standard one‑quarter reduction. Two applications for additional time off his sentence were denied on the basis that he poses a risk to public safety. He has been released on bail pending the outcome of the High Court action, which seeks to quash the Minister's decision and obtain a declaration that he is entitled to enhanced remission.

2016-11-07 · Dublin

Pair remanded in custody for sentencing over Dale Creighton killing

At the Central Criminal Court, Ross Callery and Gerard Stevens were remanded in custody to await sentencing for their part in the killing of Dale Creighton. The seven accused, originally charged with murder and violent disorder, had their pleas changed on the 15th day of the trial. Callery and Stevens pleaded guilty to manslaughter. Jason Beresford pleaded guilty to manslaughter and violent disorder. James Reid pleaded guilty to possession of a knife. Aisling Burke pleaded guilty to violent disorder. Graham Palmer and David Burke pleaded not guilty to manslaughter. All murder charges were dropped. The court granted Aisling Burke bail until sentencing. Callery and Stevens, who had been on bail, were remanded in custody after answering their bail. The other accused, including Palmer, Beresford, Reid, and David Burke, were remanded in custody for sentencing on December 19th. The court noted a medical report might assist regarding Stevens. The incident occurred on New Year's Morning 2014 at a footbridge in Tallaght, where Creighton was assaulted and died the following day from blunt force injuries.

2016-11-03 · Laois

NAMA receivers seek injunction over land earmarked for school

In November 2016 the High Court heard a case brought by insolvency practitioners Jim Hamilton and David O'Connor, acting as receivers for Nama, against David and Patrick Maughan. The dispute concerns a greenfield site on Monasterevin Road, Portarlington, Co. Laois, which has been earmarked for a new primary school. The receivers claim the Maughans are residing on the property without entitlement and are seeking injunctions that require the Maughans to vacate the site, remove all their property, and prevent any trespassing by them or anyone with notice of the action. The Maughans attended the hearing without legal representation, stating they had only recently been served with documents and had not had time to secure a lawyer. They denied that their mobile homes were on the greenfield site, asserting they were on the nearby road, and said they had been living on the site since March 2015.

2016-11-01 · Dublin

Murder charges dropped as five admit to Dale Creighton killing

At the Central Criminal Court, the jury was discharged after five accused changed their pleas from not guilty to murder to guilty to manslaughter, while two co-accused admitted to lesser charges. The case concerns the death of Dale Creighton, who was assaulted at a Tallaght footbridge in 2014 and died from blunt force injuries. Aisling Burke pleaded guilty to violent disorder. James Reid pleaded guilty to possessing a knife. Ross Callery, Jason Beresford, David Burke, Graham Palmer, and Gerard Stevens all pleaded guilty to manslaughter. The court granted Aisling Burke bail until sentencing. Ross Callery and Gerard Stevens were remanded on bail until next Monday. Jason Beresford, David Burke, Graham Palmer, and James Reid were remanded in custody. The court directed probation reports for Callery, Stevens, Beresford, Aisling Burke, David Burke, and Palmer, as well as a victim impact report. The matter was adjourned, with sentencing scheduled for December.

2016-10-28 · Dublin

CCTV shows five murder accused running as gardai arrived, jury told

The Central Criminal Court trial of seven Dubliners accused of murdering Dale Creighton and violent disorder is ongoing. Creighton was assaulted on New Year's Morning 2014 at a Tallaght footbridge and died the following day. All seven accused initially pleaded not guilty to both charges. However, Jason Beresford later changed his plea, admitting to the violent disorder charge while maintaining his not guilty plea to murder. The other six accused—Aisling Burke, David Burke, Graham Palmer, Ross Callery, James Reid, and Gerard Stevens—continue to contest both allegations. On the 14th day of the trial, the jury reviewed CCTV footage showing five accused running from the scene as gardai arrived. Sergeant Brian Cagney described specific actions, including kicks by Callery and Beresford, and strikes by Stevens, Palmer, and Beresford. The footage captured Beresford, Callery, Palmer, Aisling Burke, and David Burke fleeing simultaneously upon seeing police lights. James Reid and Gerard Stevens were seen moving separately. The matter was adjourned, with the prosecution case expected to conclude on Tuesday.

2016-10-27 · Dublin

Dale Creighton died of blunt force trauma, trial hears

The Central Criminal Court trial of seven Dubliners charged with the murder of Dale Creighton has heard expert evidence regarding his cause of death. Creighton, 20, was assaulted on New Year's Morning 2014 at the footbridge over the Tallaght bypass and died the following day. Deputy State Pathologist Dr Michael Curtis testified that Creighton sustained extensive blunt force trauma to the head and face, resulting in brain swelling, diffuse axonal injury, and brain stem compression. He identified a fractured skull, broken nose, dislocated thumb, and a stab wound to the thigh, noting the latter was likely inflicted by an implement other than a knife. Toxicology revealed modest alcohol and trace cocaine levels. Dr Curtis concluded the cause of death was blunt force injury, stating that axonal injury could result from direct violence or prolonged coma. Under cross-examination, he acknowledged that injuries from an earlier assault by a man not before the court could have contributed to the fatal brain damage. The accused are Aisling Burke, David Burke, Graham Palmer, Ross Callery, James Reid, Jason Beresford, and Gerard Stevens. All pleaded not guilty to murder. While all initially pleaded not guilty to violent disorder, Jason Beresford later changed his plea to guilty for that specific charge. The trial continues before Ms Justice Deirdre Murphy and a jury.

2016-10-27 · Dublin

Dale Creighton had knife in CCTV footage, garda tells jury

The Central Criminal Court trial of seven accused individuals charged with the murder of Dale Creighton and violent disorder is ongoing before Ms Justice Deirdre Murphy. The defendants, Aisling Burke, David Burke, Graham Palmer, Ross Callery, James Reid, Jason Beresford, and Gerard Stevens, have all pleaded not guilty to murder. While initially pleading not guilty to violent disorder, Jason Beresford subsequently changed his plea to guilty on that specific charge. On the 13th day of the trial, the jury reviewed CCTV footage of the fatal assault, which occurred on New Year's Day 2014 at a footbridge over the Tallaght bypass. Sergeant Brian Cagney provided commentary, identifying specific actions attributed to the accused, including David Burke striking the deceased and Ross Callery punching him. The sergeant also noted that James Reid was seen holding a knife and phone, and that Gerard Stevens slapped the deceased. Additionally, the jury heard evidence regarding James O'Brien, who was charged with assault causing harm after allegedly kicking and punching the victim. The matter remains at the trial stage and has not been finalised.

2016-10-26 · Dublin

Murder accused "didn't know why" he kicked defenceless stranger in the head three times

The Central Criminal Court trial of seven accused in the 2014 murder of Dale Creighton continues before Ms Justice Deirdre Murphy. The defendants, including Jason Beresford, Gerard Stevens, Aisling Burke, David Burke, Graham Palmer, Ross Callery, and James Reid, face charges of murder and violent disorder. While all initially pleaded not guilty to both counts, Beresford subsequently changed his plea to guilty on the violent disorder charge. The remaining six accused maintain their not guilty pleas to both murder and violent disorder. Evidence presented includes garda interviews with Stevens, who admitted to kicking, punching, and slapping the victim on the Tallaght bypass footbridge. Stevens stated he did not know why he acted and described the incident as a moment of madness. Cross-examination highlighted that Stevens became distressed while reviewing CCTV footage. Additionally, testimony regarding Aisling Burke confirmed she was arrested shortly after the assault and examined for injuries, though no probative evidence emerged from her interview. The trial is ongoing, with no final verdict or sentencing recorded at this procedural stage.

2016-10-25 · Monaghan

Armagh father and son stand trial accused of assaulting former Republican prisoner

Eugene Hanratty Senior and Eugene Hanratty Jnr are standing trial at Dublin Circuit Criminal Court, accused of assaulting Martin McAllister causing him harm at Castleblaney, Co. Monaghan on November 24, 2012. Both defendants have pleaded not guilty to the charges. The trial is currently ongoing before Judge Martin Nolan and a jury, with the matter not yet finalised. Mr. McAllister alleged that the younger accused blocked his vehicle with a jeep, after which the senior accused exited and subjected him to a sustained assault, resulting in fractured nose and eye sockets. He denied striking the first blow or producing a pistol, as suggested by defence counsel Garnet Orange SC. Mr. McAllister stated that commenting on the legitimacy of the senior accused's oil business would be "very dangerous." He also referenced his past, noting he was sentenced to ten years in 1974 for firearms offences, which he described as ancient history. The defence suggested the incident stemmed from a dispute over shooting rights in a duck sanctuary. The trial continues.

2016-10-25 · Dublin

Murder accused told gardai Dale Creighton "pulled a knife" on him

The Central Criminal Court trial of seven accused individuals for the murder of Dale Creighton and violent disorder is ongoing before Ms Justice Deirdre Murphy. The defendants, Aisling Burke, David Burke, Graham Palmer, Ross Callery, James Reid, Jason Beresford, and Gerard Stevens, have all pleaded not guilty to murder. While all initially pleaded not guilty to violent disorder, Jason Beresford subsequently changed his plea to guilty on that specific charge. The jury is currently hearing evidence regarding garda interviews with David Burke, who was arrested in Tallaght on January 2, 2014. Mr. Burke alleged that the deceased pulled a knife on him and stole his sister's phone, prompting him to strike the victim. He denied participating in the fatal assault, claiming he attempted to stop others and protect the deceased. However, when shown CCTV footage, he admitted to hitting and kicking Mr. Creighton, stating he did so in self-defense. The trial continues with further evidence to be presented to the jury.

2016-10-24 · Dublin

Murder accused asked garda not to tell him Dale Creighton had died

The Central Criminal Court trial of seven Dubliners accused of the murder of Dale Creighton continues before Ms Justice Deirdre Murphy. The accused, Jason Beresford, Ross Callery, Aisling Burke, David Burke, Graham Palmer, James Reid, and Gerard Stevens, have all pleaded not guilty to murder. While each initially pleaded not guilty to violent disorder, Jason Beresford subsequently changed his plea to guilty on that specific charge. The jury is currently hearing evidence regarding garda interviews with Ross Callery, who allegedly assaulted Mr Creighton on New Year's Morning 2014 at the Tallaght bypass footbridge. Mr Creighton died in hospital the following day. Detective Garda Kieran McGrath testified that Callery admitted to kicking the victim while he was on his hands and knees, describing the force as a seven out of ten. Callery stated he was protecting himself by not identifying other participants and expressed shock upon learning of the death, stating he did not intend for the victim to die. The trial is ongoing, with no final verdict or sentence recorded at this procedural stage.