Court archive

Court reports mentioning Laois

2015-06-30 · Dublin

Seven Dublin men cleared of IRA membership

Seven men from Dublin were acquitted of IRA membership by the Special Criminal Court on 30 June 2015. The court, presided over by Mr Justice Tony Hunt, found that the Department of Public Prosecutions would not present further evidence after a ruling last week that the arrests of six of the men were unlawful. The men—Brian Nick Mc Bennett (54), Peter Burns (39), Kevin Braney (39), Michael Barr (33), John Brock (41), Declan Phelan (31) and Desmond Christie (49)—had pleaded not guilty to membership of an unlawful organisation styled the Irish Republican Army. The court had earlier ruled that the arrests at a house in Tallaght lacked the necessary objective justification under the Section 30 Offences Against the State Act. The acquittal followed the prosecution's decision not to pursue the case further. The case had involved a search of a house in Glenshane Crescent, Tallaght, where police found packages allegedly containing communications from prisoners in Portlaoise Prison.

2015-06-29 · Dublin

Rape accused has bail conditions changed over time it takes to get to open garda station

A Laois resident, whose identity is protected, faces trial in June 2016 for two counts of rape committed in Dublin on 9 February. He has been granted bail with conditions requiring him to sign on at Portlaoise Garda Station three times a week. His lawyers argued that the nearest 24‑hour station was over an hour away by public transport, making the requirement impractical. They noted that other stations closer to his home were only open part‑time and that the only other 24‑hour station, in Portarlington, was even farther. The accused, a married man with an Irish wife, claimed he would not leave the area and requested removal of the sign‑on conditions. Justice Carroll Moran agreed to modify the bail, allowing the accused to sign on twice a week at Kevin Street Garda Station in Dublin, where he regularly travels for work.

2015-06-26 · Dublin

Special Criminal Court rules arrests of six IRA accused were unlawful

The Special Criminal Court ruled that the arrests of six Dublin men suspected of IRA membership at a house in Tallaght were unlawful. Judge Tony Hunt said each case lacked the modest level of objective justification required under Section 30 of the Offences Against the State Act, citing the Supreme Court's 2003 Walshe v Fennessy decision. The men—Brian Nick Mc Bennett, Kevin Braney, Michael Barr, John Brock, Declan Phelan and Desmond Christie—were found to have been arrested without sufficient justification. Peter Burns, the seventh accused, did not challenge the legality of his arrest. Tara Burns SC, representing the State, requested instructions from the Director of Public Prosecutions and asked the court to adjourn until the following Tuesday. The court had previously accepted evidence that a search warrant for the Tallaght house was valid and that two packages allegedly containing communications from prisoners were found in the house. Brian Nick Mc Bennett pleaded not guilty. Kevin Braney pleaded not guilty. Michael Barr pleaded not guilty. John Brock pleaded not guilty. Declan Phelan pleaded not guilty. Desmond Christie pleaded not guilty.

2015-06-23 · Dublin

Search warrant evidence admissible in trial of IRA accused, Special Criminal Court rules

In a 2015 ruling, the Special Criminal Court declared that evidence from a search warrant executed at a Tallaght house could be used in the trial of seven men accused of IRA membership. Judge Tony Hunt confirmed that the warrant was issued and carried out lawfully. Gardaí had found two packages of tightly folded paper wrapped in clingfilm, allegedly communications from prisoners at Portlaoise Prison, on a coffee table in the front room where the accused were gathered. The court held a "voir dire" concerning the warrant and the arrests. Ms Tara Burns SC argued that the prosecution's case was that the men were meeting as IRA members to discuss the communications. Judge Hunt said he would reserve judgment on the arrests' lawfulness until Friday at 11 am. The accused, all pleading not guilty, are Brian Nick Mc Bennett (54), Peter Burns (39), Kevin Braney (39), Michael Barr (33), John Brock (41), Declan Phelan (31) and Desmond Christie (49).

2015-06-22 · Laois

Moldovan national spared jail for €15,000 unemployment benefit fraud

A County Laois resident, Moldovan national Axenia Alexei, aged 30, was sentenced to a two‑year suspended term for fraudulently claiming €15,339 in unemployment benefits. Alexei entered Ireland in 2009, bought a false Latvian passport online, and used the resulting PPS number to work and later to claim Jobseeker's Allowance after losing her job. She pleaded guilty to stealing the benefits between July 2012 and March 2014 and to possessing the fake passport on 15 September 2014. She had no prior convictions. The court found she could have claimed over €7,000 using her real PPS number, and that she had worked part‑time in 2012 with her real number while also claiming benefits with the false number. The judge suspended the sentence for two years, ordered the return of €2,000 to the Department of Social Protection, and gave her an additional two years to repay €6,000.

2015-06-19 · Dublin

Non-jury court to rule on admissibility of search warrant evidence next week

The Special Criminal Court will decide next week whether evidence from a search warrant and the arrest of seven Dublin men can be admitted. The men, accused of IRA membership, were found in a Tallaght house where police discovered two packages of tightly folded paper wrapped in clingfilm, allegedly communications from prisoners at Portlaoise Prison. The prosecution argued that the men were holding an IRA meeting to discuss these communications. The seven accused—Brian Nick Mc Bennett, Peter Burns, Kevin Braney, Michael Barr, John Brock, Declan Phelan and Desmond Christie—have pleaded not guilty to membership of an unlawful organisation. The court is conducting a voir dire to determine the admissibility of the search warrant evidence and the arrests, with a ruling expected next Tuesday at 2 pm before a full six‑week hearing begins.

2015-06-19 · Dublin

State lawyers ask for more time to file response to appeal brought by Veronica Guerin murderer

Lawyers for the State have requested an additional two weeks to file a response to Brian Meehan's appeal, which seeks to have his 1999 conviction for the murder of journalist Veronica Guerin declared a miscarriage of justice. Meehan, aged 47 and serving a life sentence in Portlaoise prison, is arguing that new evidence from the 2001 Special Criminal Court trial of John Gilligan undermines his conviction. The evidence relates to material that emerged during Gilligan's trial, in which Gilligan was acquitted of Guerin's murder but convicted of cannabis importation. During case‑management proceedings in the Court of Appeal, the Director of Public Prosecutions' counsel, Paul Anthony McDermott, explained that the State needed time to prepare a full set of submissions, citing the volume of material and the need to clarify the meaning of new evidence.

2015-06-18 · Louth

Real IRA leader loses appeal against decision refusing him early release from prison

Michael McKevitt, 65, a former Real IRA leader, was sentenced to 20 years in 2003 for directing terrorism and membership of an illegal organisation. He was due for release in July 2016 after a one‑quarter remission. McKevitt applied for an additional 8 % remission, arguing that his participation in structured prison activities such as art, drama, French, home economics and yoga reduced his likelihood of re‑offending. The High Court ruled that the Minister for Justice could not grant this enhanced remission and that the Minister was entitled to consider other relevant material, including Garda advice. McKevitt's appeal to the Court of Appeal was dismissed, with the court affirming that the Minister's discretion was not limited to a simple assessment of participation in authorised activities and that the decision to refuse the remission was lawful. The judgment noted McKevitt's good conduct and his role in the E2 'Republican' Landing, but upheld the refusal of the additional remission.

2015-06-12 · Dublin

Trial of IRA accused continues hearing evidence in voir dire

The trial of seven Dublin men accused of IRA membership continues with a voir dire hearing to decide the admissibility of evidence from a search warrant and the arrest of the accused at a house in Tallaght. Gardai found two packages of tightly folded paper wrapped in clingfilm, allegedly communications from prisoners in Portlaoise Prison, on a coffee table in the front room where the men were gathered. Ms Tara Burns SC argued that the prosecution case was that the men were holding a meeting as IRA members to discuss those communications. The accused – Brian Nick Mc Bennett (54), Peter Burns (39), Kevin Braney (39), Michael Barr (33), John Brock (41), Declan Phelan (31) and Desmond Christie (49) – have pleaded not guilty to membership of an unlawful organisation. The charges stem from a search of a house in Glenshane Crescent, Tallaght, where Peter Burns lived with his father.

2015-06-11 · Dublin

IRA membership trial continues in voir dire

The trial of seven Dublin men accused of IRA membership has continued with a voir dire, a trial within a trial, to determine the admissibility of evidence regarding a search warrant and arrests at a Tallaght house. The accused are Brian Nick Mc Bennett, Peter Burns, Kevin Braney, Michael Barr, John Brock, Declan Phelan, and Desmond Christie. Each has pleaded not guilty to the alleged charge of membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, on July 3, 2013. The prosecution alleges the men were holding an IRA meeting to discuss communications from Portlaoise Prison, which were found in packages on a coffee table. The case is before Mr Justice Tony Hunt, with Judges Alison Lindsay and Cormac Dunne. The trial is scheduled to last six weeks and continues tomorrow.

2015-06-10 · Dublin

Seven men were holding dissident IRA meeting when detectives raided house, Special Criminal Court hears

In a Special Criminal Court hearing on 10 June 2015, seven men were charged with membership of the Irish Republican Army (IRA) after a 2013 raid on a Tallaght house. The raid, conducted by Special Branch detectives, uncovered two packages on a coffee table in the front room. The packages contained thin paper, tightly folded and wrapped in clingfilm, which were communications from prisoners in Portlaoise Prison. The prosecution, led by Ms Tara Burns SC, argued that the men—Brian Nick Mc Bennett (54), Peter Burns (39), Kevin Braney (39), Michael Barr (33), John Brock (41), Declan Phelan (31) and Desmond Christie (49)—were holding a dissident IRA meeting to discuss these prison messages. All seven pleaded not guilty. The court, presided over by Mr Justice Tony Hunt with Judges Alison Lindsay and Cormac Dunne, is conducting a six‑week voir dire to determine the admissibility of evidence from the search warrant and arrests.

2015-06-03 · Laois

Senior garda was never asked about political views by Commissioner during interview, High Court hears

During a High Court hearing, Assistant Commissioner John Fintan Fanning claimed that Commissioner Nóirín O'Sullivan asked him about his personal political views during his interview for Deputy Commissioner. He said the questions concerned left‑wing political extremism and left‑wing politicians, and that he felt uncomfortable because he is legally required not to affiliate with any political group. Fanning argues the interview was unfair and that the Commissioner should have declared a conflict of interest and recused herself. The interview board members, including Mr Sean Dorgan and Ms Margaret McCabe, testified that the questions were about left‑wing extremists only in the context of security threats, not about his personal political views. Fanning seeks an injunction to halt further appointments to the Deputy Commissioner post and declarations that the recruitment process violated his constitutional rights. The case is before Justice David Keane.

2015-05-18 · Limerick

First man prosecuted under child protection legislation has sentence reduced on appeal

Muhammad Hussain, a 29‑year‑old Pakistani man, was convicted in 2014 for travelling to meet a 13‑year‑old girl with the intention of sexual exploitation, the first case prosecuted under child protection legislation. He received a four‑year prison sentence, later reduced on appeal to three years with the final nine months suspended. The Court of Appeal noted no disciplinary issues since conviction, his attendance at classes, and that he had invited the child rather than coerced her. Conditions of the reduced sentence include maintaining good behaviour, cooperating with any relevant counselling, and complying with a deportation order. Hussain will remain on the Sex Offenders Registry and is subject to the Sex Offenders Act 2001. The case stemmed from an encounter on 25 May 2011 when Hussain met the girl, Ms F, who was then 13 and living in institutional care. The appeal hearing was held on 16 February 2015. The unnamed 13-year-old pleaded not guilty.

2015-05-11 · Laois

Brothers jailed for 10 years over €3.5 million cannabis haul

Two Polish brothers, Slawomir (37) and Marcin (29) Syzmala, were jailed for ten years after a Garda operation uncovered almost €3.5 million worth of cannabis and cannabis resin in Meath. The brothers had rented a farmhouse, Knock House, as a storage hub and were found to have packed a large amount of drugs for distribution. They pleaded guilty to three charges of having drugs for sale or supply at two different locations on 17 April 2014. The operation involved surveillance that led officers to the farmhouse, a people carrier, and an apartment complex in Blanchardstown. DNA on gloves linked both men to the house, and a key to a Mercedes van was found there. The brothers had no admissions in interviews, and the case was heard at Dublin Circuit Criminal Court by Judge Martin Nolan, who noted their Polish nationality would pose extra difficulties in serving time.

2015-05-07 · Louth

Real IRA leader Michael McKevitt appeals High Court decision refusing him early release

Michael McKevitt, 66, a former Real IRA leader, was sentenced to 20 years in 2003 by the Special Criminal Court for directing terrorism and membership of an illegal organisation. His sentence, back‑dated to 2001, is set to be reduced by the normal one‑quarter remission, with release expected in July 2016. McKevitt applied for an additional 8 % remission, arguing that participation in structured prison activities such as art, drama, French, home economics and yoga entitled him to a one‑third remission. The High Court refused this request, stating the Minister for Justice could only consider whether the prisoner had completed authorised activities and had shown good conduct. McKevitt has now appealed that decision to the Court of Appeal, where counsel argues that the High Court's rulings were inconsistent and that the Minister's discretion was improperly limited. The Court of Appeal will decide the appeal shortly.

2015-05-01 · Laois

Legal challenge to Midlands wind farm dismissed

The Commercial Court has dismissed a legal challenge brought by People Over Wind and Environmental Action Alliance Ireland against An Bord Pleanala's decision to grant planning permission for a wind farm in the Midlands. The applicants sought to quash the Board's June 13th decision allowing Coillte Teoranta to construct 18 wind turbines near Cullenagh, Co Laois. They alleged the Board failed to conduct a proper environmental impact assessment, did not provide adequate reasons for its decision, and ignored Laois County Council's refusal and the Board's inspector's recommendation to refuse permission. An Bord Pleanala rejected these claims, arguing its decision should remain undisturbed. Coillte Teoranta, the Department of Arts, Heritage and the Gaeltacht, and Laois County Council were notice parties. In a detailed judgment, Mr Justice Robert Haughton dismissed all grounds of the claim. He found that the Board carried out a proper appropriate assessment that engaged with all observations and included sufficient findings and analysis. The judge also rejected submissions that the Board failed to assess the development using the best scientific knowledge available or materially contravened the Co Laois development plan. Following his decision, the judge adjourned the matter to a date later this month to allow the parties to digest his decision.

2015-04-29 · Dublin

Garda Commissioner denies claims she asked candidate about views on "left wing political extremism" in interview

The High Court heard that Garda Commissioner Nóirín O'Sullivan denies claims by Asst Commissioner John Fintan Fanning that she asked him about his views on 'left wing political extremism in Ireland' and left wing politicians during interviews for the position of Deputy Commissioner. Asst Commissioner Fanning initiated High Court action, alleging an 'unfair' competition for the post and claiming he was 'taken aback' and 'uncomfortable' at being asked such questions. He also claims Commissioner O'Sullivan should have declared a potential conflict of interest prior to the interviews and recused herself from them. The case is against the Public Appointments Service, Ireland and the Attorney General. Asst Commissioner Fanning seeks an injunction to restrain the PAS from taking further steps in appointing any persons as Deputy Commissioner pending the outcome of his case, and also seeks declarations that the procedures adopted for recruitment to that post infringed his constitutional rights, including to fair procedures and natural justice. The matter was adjourned for one week for mention only, to see if a date for the hearing of the injunction application can be fixed. Counsel for the respondents said they are prepared to give an undertaking not to appoint any persons as Deputy Commissioner until the injunction application is heard.

2015-03-31 · Dublin

Dublin man acquitted of 2011 murder

Craig O'Halloran, 22, was found not guilty of murdering Kevin Kenny, 32, outside Ruby Finnegans pub in Inchicore on 31 July 2011. The trial, lasting one and a half weeks, examined CCTV footage of a struggle and a subsequent gathering around Kenny after he collapsed. Forensic evidence identified a stab wound to the heart as the cause of death. The jury, composed of five men and seven women, returned a not‑guilty verdict after more than three hours of deliberation. Justice Patrick McCarthy discharged O'Halloran and exempted the jury from service for ten years.

2015-03-27 · Dublin

Murder accused attacked deceased with knife intending to kill, prosecutors tell jury

In a Dublin murder trial, prosecutors argued that 21‑year‑old Craig O'Halloran attacked 32‑year‑old Kevin Kenny with a knife on 31 July 2011 at Sarsfield Road, Ballyfermot, intending to kill or seriously injure him. O'Halloran, who pleaded not guilty, is on trial at the Central Criminal Court. Prosecutor Paul Greene presented evidence that Kenny died from a knife wound, one of six inflicted, and that the attack was deliberate. He cited testimony from Sara Burke and Stephen Kenny, who claimed O'Halloran was the assailant and threatened him with a knife afterward. Greene highlighted the lack of CCTV and questioned alternative suspects, concluding the case strongly supported O'Halloran's guilt. The trial proceeded with closing speeches before Justice Patrick cMcCarthy and a jury of five men and seven women.

2015-03-25 · Dublin

Murder trial jury hear of apparent bloodstain on accused man's top

In the murder trial of Craig O'Halloran, a 21‑year‑old from Portlaoise, the jury heard that a top worn by O'Halloran on the day of Kevin Kenny's killing was found at Sara Burke's address with a mark that appeared to be a bloodstain. O'Halloran, who pleaded not guilty, was interviewed by Garda Ronan Coffey on 1 August 2011. He claimed the mark could only have come from a scuffle with Robert Ellis, whom he said he was trying to protect. O'Halloran also explained his presence outside Ruby Finnegans, seen on CCTV, as being on the phone with his girlfriend and that he had chased Ellis to prevent him from being jumped. The trial, held at the Central Criminal Court, continues before Mr Justice Patrick McCarthy and a jury of five men and seven women.

2015-03-24 · Dublin

Gardai examined "trail of blood" outside pub, murder trial hears

During the murder trial of Craig O'Halloran, the jury heard that Garda Lynn Johnson examined a "trail of blood" outside Ruby Finnegan's pub, where the victim, Kevin Kenny, had been drinking before his death. The report, read by prosecuting counsel, described evidence bags along the footpath and a concentrated blood stain in the carpark. Johnson also recovered a SIM card at the scene. The jury saw the shirt worn by Kenny on the day of the fatal stabbing. A medical report from Dr. Nigel Salter, read by counsel, stated that Kenny arrived at St James' Hospital's Accident and Emergency at 21:25 with a lower chest wound, was unresponsive, and was resuscitated for 45 minutes without success before being pronounced dead. The trial, held at the Central Criminal Court, continues before Mr Justice Patrick McCarthy and a jury of five men and seven women. Craig O'Halloran pleaded not guilty.

2015-03-23 · Dublin

Deceased suffered six stab wounds including one to heart, murder trial hears

In a Dublin murder trial, 21‑year‑old Craig O'Halloran is charged with killing 32‑year‑old Kevin Kenny on 31 July 2011. The prosecution presented forensic evidence that Kenny suffered six stab wounds, including a fatal wound to the left side of the chest that penetrated the heart. Professor Jack Crane described the wounds as being caused by a knife, noting the fatal wound was 9 cm deep and reached the left ventricle, while the other wounds were on the back and left hand. The court heard that O'Halloran was seen with a red flick knife by witness Sara Burke, who also testified that he had "marked" someone with a knife. Burke was previously arrested for delivering tools to Robert Ellis. The trial is set to continue before Mr Justice Patrick McCarthy and a jury. Craig O'Halloran pleaded not guilty.

2015-03-20 · Dublin

Witness tells murder trial his brother was stabbed four times by accused man

During the trial of Craig O'Halloran, a 21‑year‑old from Portlaoise, a witness, Stephen Kenny, testified that he saw his brother Kevin Kenny, aged 32, stabbed four times by O'Halloran on 31 July 2011 at the Sarsfield Road in Ballyfermot. Kenny described a confrontation that began in the Old Dubliner pub, involving a man named Robert Ellis who allegedly threatened to use a shotgun. Kenny claimed that O'Halloran, armed with a knife about six to seven inches long, approached and stabbed Kevin in the upper left area of the body, an act that lasted five to ten seconds. Kenny said he attempted to help Kevin, who collapsed and was later taken to hospital. CCTV footage was shown to the jury, and the trial continues before Mr Justice Patrick McCarthy. Craig O'Halloran pleaded not guilty.

2015-03-19 · Dublin

Dublin man goes on trial for 2011 murder

The Central Criminal Court in Dublin is hearing a trial in which Craig O'Halloran, aged 21, is accused of murdering Kevin Kenny, aged 32, on 31 July 2011 at the Sarsfield Road in Ballyfermot. O'Halloran pleaded not guilty and is currently on trial. Prosecutor Paul Greene SC presented the State's case that O'Halloran stabbed Kenny following a "fracas" outside Ruby Finnegans pub on First Avenue in Inchicore. The prosecution described two groups arriving at the pub, with Kenny in one group, and a subsequent altercation that spilled onto a grassy area outside the pub where CCTV did not cover. Witnesses alleged that O'Halloran repeatedly stabbed Kenny on that grassy area, causing fatal injuries. Kenny fell, was seriously injured, and was taken to hospital. The trial, presided over by Justice Patrick McCarthy, is expected to conclude next week with a jury of five men and seven women.

2015-02-23 · Dublin

State told to prepare "substantive response" to appeal brought by Veronica Guerin murderer

In February 2015, lawyers for the State were instructed to prepare a substantive response to Brian Meehan's appeal, which seeks to have his 1999 conviction for the murder of journalist Veronica Guerin declared a miscarriage of justice. Meehan, 47, is serving a life sentence in Portlaoise Prison after a 31‑day trial before the Special Criminal Court. He also faces convictions for drugs and firearms. Meehan's appeal is based on new evidence that emerged during the 2001 Special Criminal Court trial of John Gilligan. The Director of Public Prosecutions, Tom O'Connell, noted that the evidence was already known before the original appeal and that the DPP had previously moved to dismiss the application, a motion that was refused by the Court of Criminal Appeal. The Court of Appeal has ordered the State to submit a comprehensive response, with case management to be considered on 19 June.

2014-12-23 · Louth

Men charged before Special Criminal Court on separate offences granted bail

Two men from Louth were granted bail by the Special Criminal Court pending the service of a book of evidence for separate offences. Michael Connolly, 42, of Dundalk was charged with membership of an unlawful organisation, the Irish Republican Army, on 16 December. Brian Fitzpatrick, 49, of Dundalk was charged with two counts of possession of an explosive substance under suspicious circumstances, alleged to be two complete Improvised Explosive Devices, on the same day at Mitchelstown Cross, Castletown, Navan, Co. Meath. Mr Justice Tony Hunt, presiding with Ms Justice Margaret Heneghan and Judge William Hamill, ordered bail for both men on terms agreed with counsel. The conditions include daily signing at Dundalk Garda station, a curfew from 11 pm to 7 am, surrendering passports, remaining within the jurisdiction, residing at addresses known to Gardaí and providing a mobile phone number for contact. Independent sureties of €20,000 each and bonds of €100 were set, and legal aid was granted.

2014-12-18 · Louth

Two Louth men charged before Special Criminal Court

Two men from Louth, aged 42 and 49, were brought before the Special Criminal Court on 18 December 2014. Michael Connolly of Dundalk was charged with membership of an unlawful organisation, the Irish Republican Army (IRA). Brian Fitzpatrick of Dundalk was charged with two counts of possession of an explosive substance under suspicious circumstances, alleged to be two complete improvised explosive devices (IEDs). Both men were arrested on 16 December at the same car park outside Drogheda Garda Station. Connolly denied membership of the IRA when cautioned, and Fitzpatrick denied possession of explosives. Garda Colm Finnerty and Detective Garda Niall Armstrong gave evidence of the arrests, charges and cautions. The court granted an order to preserve any external CCTV footage from Drogheda Garda Station and remanded both men in custody until Tuesday, when Connolly will apply for bail and legal aid.

2014-12-15 · Dublin

Trial date set for seven charged with murder of Dale Creighton

In October 2016, the Central Criminal Court will hear the trial of eight Tallaght residents charged in the murder of 20‑year‑old Dale Creighton, who died on 2 January after being injured on a footbridge on Saint Dominic's Road. Seven defendants—Aisling Burke (21), David Burke (26), Graham Palmer (24), Ross Callery (21), James Reid (24), Jason Beresford (21) and Gerard Stephens (25)—are charged with murder. A eighth defendant, James O'Brien (22), is charged with assault causing harm. The trial is expected to last eight weeks, with the first hearing set for 3 October 2016.

2014-12-09 · Louth

Dissident republican leader McKevitt not entitled to early release

Michael McKevitt, a 65‑year‑old former dissident republican leader serving a 20‑year sentence for directing terrorism, lost a High Court case seeking early release on the basis of his participation in structured prison activities. He argued that courses in computing, speech, drama, art, French, yoga and an Open University creative writing course entitled him to a one‑third remission and immediate release. The Minister for Justice was allowed to refuse remission, citing the risk of re‑offending and Garda submissions that McKevitt would re‑engage in senior dissident activity upon release. Judge Peter Kelly upheld the Minister's decision, noting that engagement in authorised activities does not automatically reduce the likelihood of re‑offending and that the Minister had ample material to refuse remission. McKevitt's scheduled release remains July 2016, based on the normal one‑quarter remission.

2014-12-08 · Laois

Successful DPP appeal sees suspended sentence and €5K fine imposed on man who failed to pay excise duty

James Brophy, 46, of The Swan, Athy, was found guilty of excise duty evasion for importing over four million illegal cigarettes. A jury convicted him on 25 August 2010, and he was sentenced to 240 hours of community service in lieu of three years imprisonment on 12 October 2012. The Director of Public Prosecutions appealed, and the Court of Appeal imposed a new three‑year suspended sentence and a €5,000 fine. The fine was described by Mr Justice George Birmingham as "designed to sting." If the fine is not paid within 12 months, Brophy would serve 12 months imprisonment in lieu of the fine. The case involved customs officials finding the cigarettes at Brophy's warehouse, with a potential loss of €1.5 million in duty, tax and VAT. Brophy had no prior convictions and had previously completed community service. The appeal was successful, resulting in the suspended sentence and fine. James Brophy pleaded not guilty.

2014-11-25 · Laois

Prison inmate unable to meet with solicitor as she kept setting off metal detector, High Court hears

Ming Liu, a Chinese national serving a four‑year sentence for a drugs offence at Portlaoise Prison, has taken his case to the High Court after his solicitor, Ms Eileen McCabe, was repeatedly denied entry to the prison because she set off the metal detector. Ms McCabe had travelled to Portlaoise to meet Liu to discuss whether he could qualify for remission of his sentence. Prior to the meeting she passed through the detector multiple times, each time the alarm triggered, despite her having no metal objects. Security staff informed her she could not enter, citing a strict policy that prohibits anyone who triggers the detector from entering the prison. Ms McCabe offered to undergo a body search or use a handheld detector, but was told the policy could not be altered.

2014-11-24 · Laois

Bradley brings High Court action over dental treatment in prison

Alan Bradley, currently serving a prison sentence, has brought a High Court action against the Minister for Justice and Equality, the Irish Prison Service, and the Governor of Portlaoise Prison to compel the provision of orthodontic treatment. Bradley, who is incarcerated at Portlaoise, alleges that despite an independent expert report confirming his entitlement to treatment under HSE criteria, his request has been denied. His counsel, Dominic McGinn SC, argued that the failure to provide care is irrational and unreasonable, noting that Bradley has suffered severe pain for over a year. Mr Justice Paul McDermott granted leave to bring the application on an ex parte basis and adjourned the matter to a date in mid-December. The court heard that Bradley pleaded guilty in 2012 to conspiring to steal cash from a Chubb Ireland security van in 2007. Judge Tony Hunt originally sentenced him to nine years, with the final two suspended. On appeal, the Court of Criminal Appeal reduced this to eight years, with the final 18 months suspended. His brother, Wayne Bradley, also pleaded guilty to the offence. He was initially sentenced to seven years with 18 months suspended, a term the CCA reduced to six years with the final year suspended. Three other men, including a Chubb employee, were also sentenced for their roles in the incident.

2014-11-17 · Dublin

Brian Meehan appeal date may be fixed in December

Brian Meehan, aged 47 and serving a life sentence in Portlaoise prison for the 1996 murder of journalist Veronica Guerin, has applied to quash his 1999 conviction on the grounds of a miscarriage of justice. The appeal is based on new evidence that emerged during the 2001 Special Criminal Court trial of John Gilligan, who was acquitted of Guerin's murder but convicted of cannabis importation. Meehan's case, brought under Section 2 of the Criminal Procedures Act, argues that the new facts disclosed in Gilligan's trial demonstrate that his conviction was wrongful. The Director of Public Prosecutions had previously sought to dismiss the application, but the Court of Criminal Appeal refused that motion earlier this year. Submissions for Meehan's appeal are nearly complete, and the Court of Appeal has listed the case for mention again on December 15, with a hearing date to be fixed thereafter. The appeal remains pending, and no further outcome has been announced.

2014-11-03 · Kildare

Man already serving life sentence for murder gets 12 years for shotgun possession

Darren Wynne, 21, of Athy, Co. Kildare, was sentenced at the Central Criminal Court to 12 years imprisonment for possession of a sawn-off shotgun and ammunition with intent to endanger life. He had previously been convicted by a jury of murdering Jamie Lindsay, 20, in April 2013, for which he is serving a life sentence. Wynne had also pleaded guilty to possession of a sawn-off shotgun and cartridges in suspicious circumstances, an offence for which he received an eight-year sentence. Mr Justice Garrett Sheehan suspended the final two years of each firearms sentence, conditional on Wynne's compliance with his sentence management programme. Both sentences were backdated to April 12, 2013, and run concurrently with the life sentence. The judge considered Wynne's young age, good character, and cooperation with gardai. Two other men, Quentin Monaghan and James Seery, who were tried alongside Wynne, pleaded guilty to manslaughter and possession of a sawn-off shotgun and cartridges in suspicious circumstances. Monaghan was sentenced to eight years imprisonment with two suspended, while Seery received seven years with three suspended for the killing. The court heard evidence that Lindsay was shot in the right eye at point-blank range, and that Wynne claimed he intended only to injure him.

2014-10-21 · Laois

Laois man who raped and sexually assaulted his step-daughter sentenced to 14 years

Noel Maher, aged 42, was sentenced to 14 years in prison for raping and sexually assaulting his step‑daughter Amy Kenna over an eight‑year period. The abuse began when Kenna was ten and escalated to rape when she was thirteen, continuing until 2009. A seven‑day trial in July found Maher guilty of three counts of sexual assault between 2001 and 2007 and 34 counts of rape between 2005 and 2009, all at various locations in County Laois. The judge, Justice Garrett Sheehan, noted the victim's suffering and praised her courage, imposing a 14‑year sentence with the last two years suspended on the condition that Maher participate in a sex‑offender programme while incarcerated. The case highlighted the persistent, threatening nature of the abuse and the victim's ongoing recovery efforts.

2014-10-17 · Dublin

SCC gives reasons for excluding public from court while surveillance gardai give evidence in murder trial

The Special Criminal Court has outlined its reasons for excluding the public during testimony from National Surveillance Unit (NSU) gardaí in the ongoing trial of Edward McGrath, Dean Evans, and Sharif Kelly. The three men, who have pleaded not guilty to the 2013 murder of Peter Butterly at the Huntsman Inn in Gormanston, Co Meath, face additional firearm charges. Presiding Judge Deirdre Murphy stated that the exclusion order protects the safety of surveillance officers and future state intelligence operations, noting that repeated public exposure of their physical characteristics could compromise their work. While the court permitted the defence to receive the officers' professional names and addresses, it restricted publication of their identities and NSU methodologies. In a separate ruling, the court allowed one minor witness to testify via video link but denied the request for two adult witnesses, citing legislative limits. The prosecution intends to call David Cullen, a former accused who turned state witness, as a key witness. The court ordered the disclosure of seized electronic devices containing keywords related to the case and confirmed whether Cullen was a garda informant, while refusing to disclose his psychiatric records or privileged legal advice. The trial continues on Tuesday before the non-jury court.

2014-10-16 · Dublin

Student who assaulted nightclub doorman ordered to pay compensation

In October 2014 a Laois man, Conor Moonen, aged 20, was ordered to pay €9,000 to Paul McNevin, a doorman at the Academy nightclub on Abbey Street, Dublin. Moonen, a DCU student at the time, and his group were denied entry to the nightclub. After being told to wait in the back of the queue, they were again denied entry. Moonen struck the doorman, fracturing a facial bone and dislocating an eye socket. McNevin later said he was lucky to avoid more serious injuries and that the assault forced him to give up door work, costing him €10,000. Moonen pleaded guilty to assault causing harm at the Dublin Circuit Criminal Court on 20 January 2013. Judge Martin Nolan imposed a two‑year suspended sentence, with the condition that Moonen pay the compensation, and declined a jail term due to his lack of prior convictions.

2014-10-16 · Meath

Public to be excluded from court while surveillance gardaí give evidence in murder trial

The Special Criminal Court has directed that the public be excluded from the courtroom while National Surveillance Unit gardaí give evidence in the trial of Edward McGrath, Dean Evans, and Sharif Kelly. The three men, who have pleaded not guilty to the murder of Peter Butterly, shot dead in the car park of the Huntsman Inn at Gormanston, Co Meath, on March 6th, 2013, face additional firearm charges. The court ruled that the officers' professional names and addresses must be provided to the defence but restricted from publication, balancing safety concerns with the right to a fair trial. The prosecution intends to call David Cullen, who pleaded guilty to the unlawful possession of a 9mm Beretta pistol at the same location and date, and was sentenced to three-and-a-half years in prison in July. The court ordered the disclosure of certain records regarding Cullen's credibility, including confirmation on whether he was a garda informant and PULSE records, while refusing to disclose his psychiatric records. Access to a seized laptop was granted to a defence expert. The court deemed an application to disclose legal notes between Cullen and his lawyers premature. The full trial hearing is expected to commence on Tuesday before Judges Heneghan, Dunne, and Murphy.

2014-10-15 · Meath

Right to life of witnesses must be taken in to account, non-jury court hears

The Special Criminal Court, a non‑jury court, is set to decide on several legal matters in the trial of three men—Edward McGrath (32), Dean Evans (22) and Sharif Kelly (43)—who have pleaded not guilty to the murder of Peter Butterly (35). Butterly was shot dead in the car park of the Huntsman Inn, Gormanston, on 6 March 2013. The defendants also face firearm charges. The court will consider the State's request to allow surveillance officers to give evidence anonymously, citing a 1996 law that permits such testimony when public interest and safety warrant it. The prosecution seeks to erect a screen between surveillance officers and the public to protect the witnesses' identities. The case also involves forensic evidence, firearm residue, DNA, and testimony from David Cullen (30), who was previously jailed for unlawful possession of a pistol and whose role in the murder plan is contested. The court will rule on these matters tomorrow.

2014-10-10 · Meath

Court to rule next week on whether gardai can give evidence anonymously in murder trial

The Special Criminal Court will rule next week on whether nine National Surveillance Unit officers can give evidence anonymously in the trial of Edward McGrath, Dean Evans, and Sharif Kelly. The three men, who have pleaded not guilty to the murder of Peter Butterly and unlawful possession of a 9mm Beretta pistol at the Huntsman Inn in Gormanston, Co Meath, on March 6th, 2013, face a non-jury hearing. The DPP has applied to withhold the officers' identities and erect a screen to protect their physical characteristics, citing risks to their safety and the security of Garda operations. The prosecution intends to rely on forensic evidence and testimony from David Cullen, who pleaded guilty to unlawful possession of the same firearm and was jailed for three-and-a-half years in July. Cullen, described as part of the murder plan, alleges he was tasked with collecting the gun after the shooting. Defence counsel for McGrath, Evans, and Kelly have sought disclosures regarding Cullen's credibility, including his medical records, witness protection application, and legal notes. Presiding Judge Deirdre Murphy noted the significant interference with cross-examination rights inherent in the anonymity application. The court will deliver its ruling on Tuesday afternoon, when the case resumes before Judges Dunne and Heneghan.

2014-10-09 · Meath

Court set to rule on disclosure issue in Butterly trial

The Special Criminal Court is set to rule on a disclosure application in the trial of Edward McGrath, Dean Evans, and Sharif Kelly. The three men have pleaded not guilty to the murder of Peter Butterly, who was shot dead in the car park of the Huntsman Inn at Gormanston, Co Meath, on March 6th, 2013. McGrath and Evans also face firearm offences at the same address and date, while all three are charged with the unlawful possession of a 9mm Beretta pistol. The prosecution intends to rely on the testimony of David Cullen, who previously pleaded guilty to the unlawful possession of the same firearm and was jailed for three-and-a-half years. Cullen's plea was accepted by the DPP, resulting in a nolle prosequi on the murder count. Defence counsel have sought extensive disclosures regarding Cullen's credibility, including medical records, his witness protection application, and confirmation of whether he was a garda informant. The DPP described these requests as an attempt to impugn Cullen's character, while defence lawyers argued the disclosure process was unsatisfactory. The court will also rule on a DPP application to screen nine National Surveillance Unit gardaí to protect their identities. The matter was adjourned for the court's decision on these procedural issues.

2014-10-08 · Meath

Former co-accused wanted "no more" to do with case, Butterly murder trial hears

In the Special Criminal Court, three men—Edward McGrath (32), Dean Evans (22), and Sharif Kelly (43)—pleaded not guilty to the murder of Peter Butterly (35), who was shot in the car park of the Huntsman Inn on 6 March 2013. The court heard that Butterly was lured to the car park by an unnamed man and that shots were fired from a Toyota Corolla. The prosecution will present forensic, firearm residue, DNA evidence and testimony from David Cullen (30), who was involved in the murder plan. Cullen, who had previously pleaded guilty to unlawful possession of a 9mm Beretta pistol, was jailed for three‑and‑a‑half years and later became a prosecution witness. He stated he wanted no more to do with the case and sought to separate himself from the accused.

2014-10-07 · Meath

Butterly murder trial hears of Witness Protection Programme conversation

In the Special Criminal Court, three men—Edward McGrath (32), Dean Evans (22), and Sharif Kelly (43)—remain not guilty on charges of murdering Peter Butterly (35) and related firearm offences. The court heard that a former co‑accused, now a prosecution witness, supplied Gardaí with information about a prior fatal shooting, events in Portlaoise Prison, and IRA structure. Witness protection liaison officer reported that David Cullen (30) offered testimony on 25 June, with a security discussion the next day. The Garda liaison explained that witnesses must commit to a new lifestyle and receive retraining. Senior Garda Thomas Maguire confirmed Cullen's willingness to give evidence on the Butterly shooting, other murders, prison happenings, and IRA structure. The court has yet to rule on privilege and screening applications. The case proceeds tomorrow before Judges Cormac Dunne and Margaret Heneghan, with Ms Justice Deirdre Murphy presiding.

2014-10-02 · Laois

Laois brothers have rape convictions quashed

The Court of Criminal Appeal quashed the rape convictions of Eamonn Flanagan (42) and Seamus Flanagan (35) after new evidence from key prosecution witness Daniel Lynch. The brothers had been jailed for three years in 2011 following a Central Criminal Court jury verdict for raping a woman in a Red Cow Hotel room in 2008. Lynch, a friend of the accused, claimed he was pressured by Gardaí to state he saw the men at the hotel door, a claim denied by the Gardaí. No DNA from the brothers was found on the victim. The appeal court found the convictions unsafe, set aside the sex‑offender register order and discharged the brothers from bail. The court declined to order a retrial, citing the difficulty of proving the case anew. The decision was announced by Justice John MacMenamin. Eamonn Flanagan pleaded not guilty. Seamus Flanagan pleaded not guilty.

2014-09-12 · Laois

Man jailed for life as a teen for "brutal" hammer murder to be released in less than two years

Darren Goodwin, a 26‑year‑old from Graigue, Mountmellick, was sentenced to life imprisonment in 2004 for the 2003 murder of 14‑year‑old Darragh Conroy. Goodwin was 16 at the time of the offence, so the life sentence was not mandatory; Judge Barry White used his discretion after hearing that Goodwin had expressed a desire to kill someone. The jury found him guilty following a trial at the Central Criminal Court. Conroy's body was discovered on waste ground in Smithsfield, having suffered six blows to the head, with the skull described as "broken up" by the pathologist. Goodwin had previously attempted suicide in September 2003 and had met his father for the first time shortly before the attack. In 2014, Judge White reviewed the sentence and set a release date of 1 July 2016, directing that Goodwin receive forensic psychotherapy twice a week while in prison. The court noted that Goodwin's remorse had not been fully addressed.

2014-07-31 · Kildare

Two sentenced for Co. Kildare manslaughter

Two men have received sentences totaling 15 years for their part in the killing of a man in Co. Kildare last year. Last week, Darren Wynne (21) was sentenced to life in prison for the murder of his best friend Jamie Lindsay (20) who he shot in the face. Wynne of Ballyroe, Athy, Co. Kildare had pleaded not guilty at the Central Criminal Court to murdering Mr Lindsay at Coney Green, Coneyboro, Athy on April 6, 2013. Quentin Monaghan (21) of Tullamoy, Stradbally, Co. Laois and James Seery (21) of Canal Side, Athy who were also charged with the murder and were tried alongside Wynne but pleaded guilty to manslaughter during the trial. Today Mr Justice Garrett Sheehan sentenced Monaghan to eight years imprisonment with two suspended for the manslaughter. Mr Justice Sheehan sentenced Seery to seven years imprisonment with three suspended for the killing. Monaghan was sentenced to four years for firearms offences to run concurrently with the manslaughter sentence. Seery was sentenced to three years to run concurrently for firearm offences. Last week Mr Justice Sheehan sentenced Wynne to life in prison for the murder and adjourned sentencing for the firearms offences until November next when probation and psychological reports will be before the court. Although Wynne pleaded guilty to manslaughter during his trial the plea was not accepted by the Director of Public Prosecutions.

2014-07-29 · Dublin

IRA accused protests use of video link in court

Michael Finlay, 35, and Dean Byrne, 22, were arrested in Tallaght in June on charges of IRA membership and unlawful possession of a handgun. They appeared in court via video link from Portlaoise Prison. Finlay protested the use of video, claiming it breached his constitutional rights and demanded physical presence at future proceedings. He threatened further action if his rights were further infringed. The court scheduled a remand for the next term to serve the book of evidence, with a production order set for November 11. The judge noted that the court would insist on physical presence if evidence needed to be served or presented. Both men are charged with membership of the Irish Republican Army and possession of a 9x18mm Makarov pistol, magazine, and 10 rounds of ammunition seized in Tallaght on June 5, 2014. The case remains in the evidence stage.

2014-07-22 · Kildare

Two to be sentenced next week for manslaughter

Darren Wynne (21) of Ballyroe, Athy, was sentenced to life in prison for the murder of Jamie Lindsay (20) at Coney Green, Athy, on April 6, 2013. Wynne, who pleaded not guilty, was found guilty by a unanimous jury after a trial at the Central Criminal Court. He was also convicted of possession of a sawn-off shotgun and ammunition with intent to endanger life. Mr Justice Garrett Sheehan adjourned sentencing for these firearms offences until November, pending probation and psychological reports. Although Wynne pleaded guilty to manslaughter during the trial, the plea was not accepted by the Director of Public Prosecutions. Quentin Monaghan (21) of Stradbally and James Seery (21) of Canal Side, Athy, were tried alongside Wynne. Both men pleaded guilty to manslaughter and possession of a sawn-off shotgun and cartridges in suspicious circumstances. Their pleas were accepted by the DPP. Mr Justice Sheehan remanded Monaghan and Seery in custody, and their sentencing is scheduled for July 31. The court heard evidence that Wynne shot Mr Lindsay in the face with a sawn-off shotgun. Monaghan and Seery were alleged to have been part of a joint enterprise, with Seery texting the victim to approach the scene. A victim impact statement from the deceased's sister described the family's heartbreak.

2014-07-22 · Kildare

Kildare man jailed for life for shotgun murder of best friend

Darren Wynne, 21, of Ballyroe, Athy, Co. Kildare, was sentenced to life in prison for the murder of Jamie Lindsay, 20, at Coney Green, Athy, on April 6, 2013. Wynne had pleaded not guilty to murder but was found guilty by a jury at the Central Criminal Court. He was also convicted of possession of a sawn-off shotgun and ammunition with intent to endanger life. Although Wynne pleaded guilty to manslaughter during the trial, the Director of Public Prosecutions did not accept the plea. Mr Justice Garrett Sheehan sentenced Wynne to life for the murder and adjourned sentencing for the firearms offences until November next, pending probation and psychological reports. Two co-accused, Quentin Monaghan, 21, of Stradbally, Co. Laois, and James Seery, 21, of Athy, were rearraigned during the trial. Both pleaded not guilty to murder but guilty to manslaughter, and also pleaded guilty to possession of a sawn-off shotgun and cartridges in suspicious circumstances. These pleas were accepted by the DPP. Monaghan and Seery will be sentenced later. The court heard evidence that Wynne shot Mr Lindsay in the right eye at close range. Wynne claimed self-defence, alleging threats over missing cannabis and threats against his grandmother. The State argued the group intended to scare Mr Lindsay. Wynne's defence raised provocation and accidental discharge. The matter regarding the firearms charges remains adjourned.

2014-07-10 · Kildare

Kildare man guilty of murdering his best friend

A jury at the Central Criminal Court has found Darren Wynne guilty of murdering Jamie Lindsay in Athy, Co. Kildare on April 6, 2013. Wynne (21) of Ballyroe, Athy was convicted after the jury deliberated for almost five hours. He was also convicted of possessing a sawn-off shotgun and ammunition with intent to endanger life. Two co-accused, Quentin Monaghan (21) of Stradbally, Co. Laois and James Seery (21) of Athy, pleaded guilty to manslaughter during the trial and to possessing a sawn-off shotgun in suspicious circumstances. All three men will be sentenced on July 22. The court heard evidence that the twenty-year-old victim was shot at close range. Wynne had claimed the shooting was accidental and raised provocation as a defence. Mr Justice Garrett Sheehan thanked the jury and adjourned proceedings for sentencing.