Court archive

Court reports mentioning Limerick

2019-07-30 · Limerick

CAB wants to sell off "rapidly depreciating" €3m car fleet seized in raid

The Criminal Assets Bureau (CAB) seeks to sell a fleet of 114 cars, valued at almost €3 million, seized from a Limerick motor dealer in March. The High Court heard that the cars are expensive to store and are losing value, so the State wants to dispose of them quickly. Ms Justice Carmel Stewart adjourned the matter to 15 August to decide whether to allow the sale. She noted that assets such as cars can "rapidly depreciate" and that the maximum value should be realised. If the sale is permitted, the proceeds can be held until the court determines whether the cars were proceeds of crime under the Proceeds of Crime Act. Two respondents were named: Stephen Bawn Motors Ltd trading as Bawn Motors, and Mr Mike Nash.

2019-07-29 · Tipperary

Contractors in "abuse of process" as appeals against damages for workers are struck out

In a 2019 decision, the Court of Appeal struck out appeals filed by Portuguese companies against a €1 million damages award granted to workers who claimed they were underpaid and lived in a "work camp" while building part of the N7 motorway. The High Court had awarded the workers damages and legal costs, and the companies—Rosas Construtores SA, Constructocoes Gabriel AS Couto SA and Empresa Deconstrucoes Amandio Carvalho SA—had appealed. The three‑judge panel, led by Justice Michael Peart, Justice Marie Baker and Justice Caroline Costello, found the appeals to be an abuse of process aimed at delaying payment. Justice Costello noted that the employers' conduct was "extremely serious and persistent" and that the appeals would add further years of delay. The court therefore dismissed all appeals, leaving the employers liable to pay the compensation and legal costs. The employers announced plans to appeal the decision to the Supreme Court.

2019-07-26 · Tipperary

Rapist who robbed off-licence while on bail has sentence increased

The Court of Appeal has increased the effective custody period for Roger Ryan, a defendant with over 90 previous convictions, including a prior rape conviction. Ryan was originally sentenced in Clonmel Circuit Criminal Court to seven years' imprisonment for three offences, with the final two years suspended. Additionally, Limerick Circuit Criminal Court imposed a wholly suspended three-year sentence for a robbery at Fine Wines, which was ordered to be consecutive as the crime occurred while he was on bail. The Director of Public Prosecutions appealed the Limerick sentence as unduly lenient, while Ryan's legal team challenged the severity of the Clonmel sentence. President Mr Justice Birmingham, sitting with Ms Justice Donnelly and Mr Justice McCarthy, found the Clonmel sentence overly severe given Ryan's history and the reality of the suspended portion. Conversely, the court determined the Limerick judge erred by suspending that sentence entirely. The court re-sentenced Ryan to six years' imprisonment for the Clonmel offences, with the final two years suspended. For the Limerick robbery, he received a consecutive three-year sentence with the final 18 months suspended. This intervention resulted in an additional six months of effective custody. Ryan was required to enter a good behaviour bond for the suspended periods. The court noted his adverse background and institutionalisation but acknowledged his positive conduct in custody.

2019-07-15 · Limerick

Combined sentences of 21.5 years for pair caught with loaded gun

Two Limerick men, John O'Donoghue (29) and Paul Whelan (25), were sentenced by the Special Criminal Court to a combined 21 years after armed Gardaí stopped their car and found a loaded 9mm Colt pistol with eight rounds, a petrol canister, latex gloves, clothes and cocaine. The judge, Ms Justice Tara Burns, described the operation as carefully planned, noting the pistol was primed with a round in the breach and an accelerant was present, indicating intent to use the gun and possibly burn the vehicle to destroy evidence. Both men had pleaded guilty to possession of a firearm in suspicious circumstances, for which each received a five‑year sentence. The headline sentences were 12 years each, but after mitigating factors the court imposed 11 years for O'Donoghue and 10½ years for Whelan, backdated to 13 July 2018. The lesser sentences were also imposed for the firearms charges. The court highlighted the men's prior convictions and the seriousness of the offence.

2019-07-08 · Dublin

Till fiddler avoids jail

Ciaran Casey, 25, of Adare Park, Coolock, pleaded guilty to stealing about €8,000 from a Centra shop on New Cabra Road in Dublin on 18 January last year. He admitted that while working the cash register he voided high‑value items such as cigarettes and alcohol, pocketing the money. CCTV footage showed him voiding transactions and customers walking away with the items. Gardaí arrested him after an investigation and he made full admissions, saying he was taking the money to pay day‑to‑day debts and that he intended to repay it later. Judge John O'Connor, at the Dublin Circuit Criminal Court, found it disappointing that Casey had only offered to repay €1,000. He imposed a two‑year sentence, fully suspended for five years, and ordered Casey to undertake offence‑focused and victim‑focused work as directed by Probation Services. The judge noted Casey's past lack of cooperation with Probation Services.

2019-07-05 · Limerick

"Only irresistible inference" is that firearms pair intended to endanger life, court finds

Two Limerick men, John O'Donoghue (29) and Paul Whelan (25), were convicted by the Special Criminal Court of possessing a 9mm Colt semi‑automatic pistol with intent to endanger life after a Garda stop on 30 July 2018. The car, an Alfa Romeo, contained the loaded handgun, eight rounds in the magazine, a round in the breach, a petrol canister, latex gloves, clothes and cocaine. The judge, Ms Justice Tara Burns, noted that the firearm was primed and ready to fire, and that no fingerprints were found on it. Both men pleaded not guilty to the intent charge but guilty to possession of a firearm and ammunition in suspicious circumstances. They were remanded until sentencing on 29 July. The court emphasised that the only inference was that the firearm was intended to be used to endanger life.

2019-07-02 · Dublin

Serial arsonist confessed to fictitious murder

Peter Bradshaw, 55, of Glin Court, Coolock, Dublin, pleaded guilty to arson at his apartment on 24 January 2018. The fire spread to neighbouring flats, causing €782,027 in damage and forcing residents into emergency accommodation. He was sentenced by Judge Martin Nolan to 11 years' imprisonment, with the final three years suspended on strict conditions. After the fire, Bradshaw went to Clontarf Garda Station and confessed to a fictitious murder, claiming he had assaulted a man, set a mattress on fire, and attempted to fake his own death. He later admitted he had not murdered anyone. Bradshaw has 40 prior convictions, including arson, burglary and theft, and had a five‑year sentence for arson in 2009. The judge noted his propensity for setting fires and the danger he posed to society.

2019-06-26 · Monaghan

Unclear how long killer's sentence was suspended for, judge hears

A man convicted of manslaughter in connection with a 2013 killing has been found guilty of criminal damage and production of a weapon at the Central Criminal Court. Quentin Monaghan, aged 25 and from Tullamoy, Stradbally, County Laois, received an eight-year sentence in 2015 with two years suspended for his role in the death of Jamie Lindsay, who was fatally shot during an altercation over drugs in Athy, County Kildare. The court heard uncertainty regarding the duration of the suspension period. Prosecutors sought clarification by requesting trial transcripts from the original sentencing. Monaghan faces a potential two-year custodial term if the offences occurred within the suspended sentence period. He is scheduled for sentencing at Limerick Circuit Court later in the year. The trial judge previously accepted Monaghan did not intend death or serious injury but characterised his conduct as reckless.

2019-06-26 · Limerick

"Step too far" to infer intent to endanger life, defence tells firearms trial

In a Special Criminal Court hearing on 26 June 2019, defence counsel Mark Nicholas SC argued that it was a "step too far" to infer that Limerick men John O'Donoghue (29) and Paul Whelan (25) intended to endanger life by possessing a 9mm Colt semi‑automatic pistol. He contended that the prosecution had only presented a set of circumstances and no evidence of intent, noting that possession of a firearm does not automatically imply intent under Section 15a of the Firearms Act. Nicholas highlighted the lack of surveillance recordings and the possibility of alternative unlawful uses of the gun, such as shooting at an empty house. He urged the three‑judge panel to be cautious, as the case did not "hang together quite like a West End production." The court remanded both men in custody until a judgment is delivered on 5 July. John O'Donoghue pleaded not guilty. Paul Whelan pleaded not guilty.

2019-06-25 · Limerick

Gun "cocked and ready to be fired", prosecution tells trial

In a Special Criminal Court hearing, prosecutors argued that two Limerick men, John O'Donoghue (29) and Paul Whelan (25), were in possession of a 9mm Colt semi‑automatic pistol that was cocked, loaded and ready to fire, indicating intent to endanger life. The case was built on evidence from an Alfa Romeo seized by Gardaí, which contained the loaded handgun, eight rounds in the magazine, a round in the breach, two petrol canisters (one containing petrol), a pair of latex gloves, clothing and cocaine. The prosecution claimed the men had taken "serious precautions" to avoid leaving forensic traces and suggested a plan to destroy evidence by burning the car. Defence counsel countered that the presence of ammunition in the breach was not proof of a cocked gun and that the items could have been used for other criminal purposes, such as robbery. John O'Donoghue pleaded not guilty. Paul Whelan pleaded not guilty.

2019-06-21 · Limerick

Trial judges view "double set of clothing"

The Special Criminal Court has heard evidence in the trial of John O'Donoghue and Paul Whelan, who are accused of possessing a 9mm Colt semi-automatic pistol with intent to endanger life at Park Road, Limerick, on July 30, 2018. Both men, from Moyross, Limerick, have pleaded not guilty. Prosecution counsel Dominic McGinn SC stated the central issue is intention rather than possession, highlighting that Garda Robert Sheehy found a loaded handgun, cocaine, petrol canisters, and gloves in an Alfa Romeo stopped by the Emergency Response Unit. The court examined a "double set of clothing" worn by Mr. Whelan, who was wearing a grey Adidas hoodie under another hoodie and black tracksuit pants over grey Adidas pants. Mr. O'Donoghue was arrested under Section 30 of the Offences Against the State Act. A statement from a Lithuanian national described a nervous man with metal teeth who attempted to purchase a car on July 27. Defence counsel Colman Cody SC noted that Mr. Whelan reported taking cocaine, Xanax, and cannabis prior to arrest and was referred to Limerick Regional Hospital. The prosecution contends that the combination of the firearm, petrol, and clothing supports an inference of intent to endanger life. The trial, presided over by Ms Justice Tara Burns with Judges Patricia Ryan and Flann Brennan, is expected to last one week and continues on Monday.

2019-06-20 · Limerick

Limerick men stopped in car with loaded handgun, petrol and drugs, trial hears

Two Limerick men, Paul Whelan (25) and John O'Donoghue (29), were stopped by Gardaí on 30 July 2018 in an Alfa Romeo on Park Road, Corbally. The vehicle contained a loaded 9mm Colt semi‑automatic pistol with eight rounds, two cans of petrol, a glove, a mobile phone and a change of clothing, including a double set of clothing worn by Whelan. Gardaí described the stop as involving multiple Garda vehicles; the Alfa Romeo rammed a Garda car and then reversed, attempting to escape. Whelan was extracted from the front passenger seat and O'Donoghue from the driver's seat after Garda officers broke windows. Both men were arrested at the scene. The Special Criminal Court heard evidence that the presence of the firearm, petrol, glove and clothing indicated an intention to endanger life. The trial, presided by Ms Justice Tara Burns, is expected to last one week. Paul Whelan pleaded not guilty. John O'Donoghue pleaded not guilty.

2019-06-19 · Limerick

Trial of Limerick men accused of intent to endanger life set to open

The Special Criminal Court will open a trial tomorrow for John O'Donoghue, 29, of Cliona Park, Moyross, and Paul Whelan, 25, of Dalgaish Park, Moyross, who were arraigned this morning. They face charges of possessing a loaded 9mm Colt semi‑automatic pistol at Park Road, Corbally, on 30 July 2018, and of intent to endanger life under the Criminal Justice Act 2006. Both pleaded not guilty. The three‑judge panel—Justice Tara Burns, Judge Patricia Ryan and Judge Flann Brennan—expects the trial to last a week and finish before 28 June.

2019-06-05 · Limerick

Court could use "brutal tools" to rule on Supermac's franchise dispute

The High Court is set to rule at noon on Thursday in a dispute between Supermac's Ireland Limited and John and Mary Lyons regarding who should pay for refurbishment works at their Ennis Road, Limerick franchise. Supermac's, represented by Rossa Fanning SC, seeks an injunction to prevent the defendants from carrying out works without consent, alleging a breach of the franchise agreement. The Lyons, represented by Andrew Sexton SC, oppose the application, arguing they are entitled to perform urgent repairs and that the action constitutes satellite proceedings following a 2018 Circuit Court decision requiring Supermac's boss Pat McDonagh to reimburse over €150,000 in rates and rent. The defendants deny breaching a 2000 agreement, with Mr Lyons claiming in a sworn statement that he never signed it and describing it as a forgery. Mr McDonagh, in his own sworn statement, called this accusation entirely baseless and frivolous, noting that the original document was located at a solicitor's office and originated in the early 1990s. Both handwriting experts stated they could not verify signatures on the copy without the original, which has now been made available for examination. Mr Justice Senan Allen noted the parties were seeking to draw first blood but indicated the court would hold off ruling if a solution was presented by 11:59am. An appeal over the tenancy is due in July.

2019-05-27 · Leitrim

Danish businessman transferred €1.6m into account, trial hears

Simon Gold, aged 54, with an address in Aughavas, County Leitrim, stands trial at Dublin Circuit Criminal Court on 22 charges including money laundering, theft, deception and control of false instruments, relating to events between January 2010 and October 2012. He has pleaded not guilty. During the seventh day of evidence, the court heard that a Danish businessman transferred €1.6 million in two tranches to what he believed was a custodial bank account with Ulster Bank in Dublin in October 2012. The account was subsequently frozen by gardaí. The businessman told the court he understood the funds were for a green energy investment opportunity and that he never authorised any withdrawals. A sum of €335,000 was transferred from the account to a third party without his instruction. Earlier testimony established that the accused used multiple aliases, including Simon Gould, Simon Magnier and Niall O'Donoghue. The trial continues before Judge Nolan and a jury.

2019-05-27 · Limerick

"Tell your sis she dead": rapist who threatened victim through Facebook is jailed

A 26‑year‑old man was sentenced to six years' imprisonment for raping a 19‑year‑old woman in County Limerick in November 2015. He pleaded guilty to one count of rape, intimidation of a witness and an attempt to pervert the court. The victim had been invited to the defendant's house under the pretense of a party; when she arrived alone, he raped her. Two weeks later, the defendant sent a series of threatening Facebook messages from a fake profile to the victim's sister, urging her to drop the charges. The messages included threats such as "Tell your sis she dead" and "You'll be getting killed." The victim's impact statement described lasting fear, loss of trust and sleeplessness. The judge noted the defendant's low IQ and early guilty plea as mitigating factors, but considered the intimidation an aggravating factor. The sentence was imposed with conditions preventing contact with the victim or her family.

2019-05-24 · Leitrim

Quarry owner paid €10k deposit for loan he never received, trial hears

A quarry owner from Limerick told Dublin Circuit Criminal Court that he paid a £10,000 deposit to secure a €4 million loan that never materialised. The man said he was contacted by someone using the name "Simon Magnier" after seeking financial assistance during the economic recession. He stated that following the deposit payment, the promised funds did not arrive and contact with the person became difficult to maintain. The trial concerns Simon Gold, aged 54, of Aughavas, County Leitrim, who has pleaded not guilty to 22 charges including money laundering, theft, deception and control of false instruments alleged to have occurred between January 2010 and October 2012. Evidence has established that the accused used multiple aliases including Simon Gould, Simon Magnier and Niall O'Donoghue, and operated an Ulster Bank account in the name Anglo Irish Global Ltd. The trial before Judge Nolan and jury continues.

2019-05-17 · Cork

"Sorry for being a bollocks": rapist's text to victim

Eamon Roche, 28, of Ballymorrough, was sentenced to six years in prison for raping his ex‑girlfriend after a high‑speed chase with Gardaí. Roche texted the victim hours after the rape, saying, "Sorry for being a bollocks." He denied the rape charge in a rural Cork court on 21 March 2015. The victim, who was in Roche's car, described a chase where Roche drove at "crazy, ridiculous" speeds, refusing to stop for a patrol. She was forced to climb onto a lay‑by, where Roche climbed on top of her and raped her. The case had gone to trial three times; a jury found him guilty. The judge set a headline sentence of seven years, reduced to six because of mitigating letters, and imposed no suspended portion. Roche was ordered never to contact the complainant and to remain under probation supervision for two years upon release.

2019-05-09 · Limerick

Rapist who had conviction quashed is jailed for same offence

Alan Hanley, the appellant, was sentenced to 12 years' imprisonment by Mr Justice Alex Owens at the Central Criminal Court following a third trial. Hanley had pleaded not guilty to three counts of rape alleged to have occurred at a house in Limerick city on the night of May 4/5, 2012. He had previously admitted assaulting the victim causing her harm on the same occasion. A jury returned a majority verdict of guilty on one count of rape but failed to agree on the other two counts, on which the State entered nolle prosequi. This follows a successful appeal last year where the Court of Appeal quashed his previous 12-and-a-half-year sentence, imposed in 2015 by Ms Justice Deirdre Murphy, due to the trial judge's failure to provide a corroboration warning. The current sentence was backdated to May 5, 2012. Mr Justice Owens ordered that Hanley complete a sex offenders course if deemed suitable, be under Probation Service supervision for six years post-release, and make no attempt to contact the victim or her family. Hanley verbally refused to comply with the course order in court. The judge cited aggravating factors including home invasion, prolonged violence, and lack of remorse.

2019-05-09 · Dublin

Men appeal convictions for violent rural burglaries

Three men—Patrick Roche (54), his son Philip Roche (25), and son‑in‑law Alan Freeman (38)—have lodged appeals against convictions for violent burglaries committed in rural County Limerick seven years ago. The convictions, obtained at the Limerick Circuit Criminal Court, stem from two separate incidents. In May 2012, the Roches broke into the isolated home of elderly siblings Willie, Nora, and Chrissie Creed near Pallasgreen, tied them up, assaulted them, and stole €5,000. Six weeks earlier, the trio had broken into the Garvey family home, tied up Mr and Mrs Garvey and their four children, threatened Mr Garvey with a gun, and fled with cash. Patrick Roche received a 17‑year sentence, Philip 15 years, and Freeman 14 years, each with a three‑year suspended portion. The appeals cite alleged errors in jury instructions, the legality of the arrests and detentions, and the admissibility of evidence. The case will be heard tomorrow by the Court of Appeal.

2019-05-09 · Tipperary

Fatal stab wound was over 25cm deep, woman's murder trial hears

In a murder trial, the jury heard that a father‑of‑one, Audrius Pukas, 40, was stabbed to death at The Malthouse, Roscrea, on 20 November 2016. The accused, Inga Ozolina, 48, pleaded not guilty. Deputy State Pathologist Dr Michael Curtis testified that the fatal wound penetrated Pukas's left chest to a depth of 25.5 cm, cutting the rib cage, left lung, heart, aortic valve, left main coronary artery and aorta, and that a massive blood collection in the left chest cavity caused rapid death. Two additional superficial wounds were found on the left chest and right upper arm. Pukas had bruising on the right face and lower lip, and modest alcohol levels were noted. The jury was told the stabbing force was moderate and the victim's left arm had to be raised for the fatal wound to be inflicted. The trial proceeded before Mr Justice Alexander Owens and a 12‑person jury.

2019-04-12 · Dublin

Violent burglar has sentence increased over attack led by Dessie O'Hare

An appeal has led to an increased prison sentence for Donal O'Hara, who was involved in a violent attack led by Dessie O'Hare. O'Hara, 27, of Glin Park, Coolock, pleaded guilty to assaulting John Roche, causing him harm, and falsely imprisoning Martin Byrne on June 9, 2015. He was initially sentenced to three years imprisonment with the final year suspended on July 31, 2018. However, the Court of Appeal found the sentence 'unduly lenient' and re-sentenced O'Hara to four years imprisonment with the final year suspended, increasing his jail term by 12 months. Dessie O'Hare, 62, of Slate Rock Road, Newtownhamilton, County Armagh, also pleaded guilty to the same offences and was jailed for seven years. Daniel Kane, 29, of Hollycourt, Ballybrack, County Dublin, pleaded guilty to the same offences and was sentenced to five years imprisonment with the final year suspended on April 27, 2018. Hannover Street West, also pleaded guilty to the same offences and was sentenced to six years imprisonment on January 29, 2018. The appeal was brought by the Director of Public Prosecutions, who argued that the original sentence was too lenient given the severity of the offences and the context of the attack.

2019-04-05 · Limerick

18 years "proportionate" for one of the most serious rape cases to come before judge

A 38‑year‑old Limerick man was sentenced to 18 years' imprisonment for a series of violent rapes that took place on the night of 10 September 2016. He broke into his ex‑partner's home and, over a seven‑and‑a‑half‑hour period, threatened the woman with a knife, assaulted her, and raped her and her 16‑year‑old foster daughter. The man pleaded guilty ten days before the trial and expressed remorse through his counsel. Mr Justice Patrick McCarthy imposed a headline sentence of life imprisonment but reduced it to 18 years because of the guilty plea, the man's remorse, and his rehabilitation efforts. The Court of Appeal upheld the sentence as proportionate. The case involved two victims, one of whom was a minor, and the man had a prior conviction for breach of a barring order.

2019-04-05 · Dublin

"Acting the maggot": innocent man arrested after vacuum thief gave false name

Jordan Joyce, aged 19, was arrested for stealing a €399 Dyson vacuum cleaner from Harvey Norman in Blanchardstown on 7 January 2018. He signed Garda custody records and a court bail bond under the false name "Wayne Byrne", giving a false date of birth and address. Garda Gary Farrell discovered the forgery when Joyce was later arrested on a bench warrant, leading to the real Mr Byrne's arrest. Joyce admitted the theft and the forgery, describing himself as "acting the maggot". He pleaded guilty to the vacuum‑cleaner theft and to forging his signature on a Garda custody record on 21 March 2018 and on bail records on 22 March 2018. He had 21 prior minor convictions. The court heard that Joyce's family and partner raised €400 to compensate Harvey Norman. Judge Melanie Greally, taking into account his early guilty pleas, full restitution, youth and immaturity, imposed an 18‑month sentence, with the final nine months suspended for two years.

2019-04-04 · Dublin

Drunk attacker who bit "large portion" of victim's ear off fails in appeal

Sean Jackson, 27, of Doon Court, Ballymun, was jailed for biting a large portion of another man's ear off in the smoking area of Ardlea Inn, Dublin 5, after a very minor altercation on 23 August 2014. He had no memory of the incident due to intoxication and pleaded not guilty to assault causing serious harm. A jury found him guilty and Judge Martin Nolan sentenced him to five years imprisonment on 4 December 2017. Jackson had 24 prior convictions, including drug possession and public order offences. In the Court of Appeal, Justice Isobel Kennedy upheld the sentence, noting the violent and unprovoked nature of the attack and that intoxication was not a mitigating factor. The appeal was dismissed with no error found. The case remains at the five‑year imprisonment stage.

2019-04-02 · Limerick

Challenge over license for chicken plant

In a High Court case, environmental activist Peter Sweetman has challenged the Environmental Protection Agency's decision to grant an Industrial Emissions Licence to Michael Noel O'Connor's chicken‑rearing plant in Rathcahill West, Co. Limerick. Sweetman, represented by solicitor Gabriel Toolan and counsel James Devlin SC, argues that the EPA's decision was flawed, lacking jurisdiction and failing to consider EU Habitats, Waste Water and Environmental Impact Directives. He contends the agency did not properly assess the impact of poultry litter, which is removed every six to eight weeks, washed, and largely spread on land or used as compost at a mushroom facility. Sweetman seeks an order quashing the licence, declarations that the EPA erred in law and contravened EU waste directives, and that the assessment was incomplete and unreliable. Mr O'Connor is a notice party. Permission to proceed was granted ex‑parte by Justice Seamus Noonan, with the case set for a June hearing.

2019-03-25 · Clare

Mother of man killed in knife row previously lost daughter in crash

In a Central Criminal Court hearing, Bridget Haugh, mother of Karl Haugh, delivered a victim impact statement after her son was stabbed in the back by Robbie Walsh. Haugh, who had previously lost her daughter Stacey in a car crash, described the emotional toll of losing her children and the memory of her son's life. The court had earlier found Walsh, 23, not guilty of murder but guilty of manslaughter of Karl Haugh, 25, on a unanimous verdict. Deputy State Pathologist Dr Michael Curtis testified that Haugh died from a single stab wound puncturing his lung. The hearing also covered Walsh's prior convictions, his remorse, and the judge's decision to remand him in custody until sentencing on April 8. The judge expressed sympathy for the Haugh family and noted the profound loss they endured. Robbie Walsh was acquitted.

2019-03-21 · Limerick

Businessman failed to raise defence to €2.2m summary judgement, court rules

In a High Court ruling on 21 March 2019, Mr Justice Michael Twomey dismissed the defence of Hirar Properties Limited and its owner, John Philip Ryan, in a case brought by Allied Irish Bank Plc (AIB). AIB sought summary judgement for €2.8 million against the company and €2.25 million against Ryan, claiming the company failed to repay loans secured by the property known as the Globe on Cecil Street, Limerick. Ryan had acquired Hirar in 2008 after AIB expressed concerns that previous owners could not service the loans. The defendants argued that the case should proceed to a full hearing, citing alleged breaches of a collateral agreement that would have enabled a Business Expansion Scheme investment to develop the Globe into a hostel. The court found no credible evidence of such an agreement, concluding that the defendants had no fair or reasonable defence and that no documentary proof of a collateral arrangement existed.

2019-03-19 · Limerick

Couple warned of consequences if they fail to vacate house

In a High Court hearing on 19 March 2019, Judge Senan Allen warned Martina Harty and Dermot Calvert that they faced imprisonment if they failed to vacate a semi‑detached house on Mossgrove Avenue, Caherdavin Heights, Limerick within two weeks. The property, in receivership, had been ordered by the court in April 2018 to be vacated, and a motion for committal to prison was brought by Gearoid Costelloe, the receiver appointed by IBRC. The judge noted that the couple had previously been given several deadlines to comply and that the house had been occupied by persons without the receiver's consent. Harty and Calvert, who represented themselves, gave sworn undertakings to leave the premises within the next fortnight. Judge Allen cautioned them that non‑compliance could result in contempt of court and possible imprisonment. The case was scheduled to return in early April.

2019-03-07 · Ireland

Dangerous driving causing death acquittal overturned

In 2019, a motorist was acquitted of dangerous driving causing the death of an oncoming driver after a trial judge found insufficient evidence. The case involved the accused's car crossing 1.7 metres into the opposing lane on the N20, colliding with a deceased driver. The accused had not been drinking, speeding, or using his phone for more than half an hour before the incident, and no medical, vehicle, environmental, or loss‑of‑control factors were found. The trial judge directed an acquittal, and no alternative charge such as careless driving was considered. The Director of Public Prosecutions appealed the acquittal on a point of law under Section 23 of the Criminal Procedure Act 2010. The Court of Appeal quashed the acquittal, stating the judge had performed a personal analysis and that the jury should have assessed whether the 1.7‑metre drift constituted a dangerous act. The Court ordered a retrial.

2019-03-05 · Dublin

Angolan man attacked, trapped and sexually assaulted woman in laneway

Chico Makamda, 36, of Viking House, Waterford, pleaded guilty in Dublin Circuit Criminal Court to sexual assault, false imprisonment and robbery committed on April 16, 2018, in Adare Lane, Dublin. He attacked a woman in her early fifties who was relieving herself behind bins, punching her three times, attempting to pull her jeans down, and masturbating in front of her. The victim fell, hit her head, and later discovered her wallet and phone missing. Makamda fled when another man arrived. He was sentenced to seven and a half years for false imprisonment and robbery, with the final two and a half years suspended for two and a half years on the condition he leave the country within 14 days of release. He received a concurrent four‑year sentence for sexual assault, backdated to the day of his first custody. The judge noted the victim's severe trauma and the aggravated nature of the offences.

2019-02-28 · Ireland

Motorist has acquittal on causing death charge overturned

In a case heard by the Court of Appeal on 28 February 2019, a motorist who had previously been acquitted of dangerous driving causing the death of an oncoming driver had that acquittal overturned. The man, whose identity is not disclosed, was charged five years earlier in Munster with dangerous driving causing death. The appeal centred on the fact that his vehicle crossed 1.7 metres into the opposing lane before colliding with the deceased's car on a straight stretch of the N20. The trial judge had directed the jury to acquit due to insufficient evidence, and no alternative charge such as careless driving was considered. The Director of Public Prosecutions appealed on a point of law under Section 23 of the Criminal Procedure Act 2010, arguing that the jury should have assessed whether the 1.7‑metre drift constituted a dangerous act.

2019-02-27 · Clare

"Controlling mind" behind £20m tax scam to appeal extradition to Supreme Court

Daniel O'Connell, 65, who lives in Clare and Limerick, is appealing to the Supreme Court over his extradition to the UK for failing to pay a confiscation order of almost £13 million. He has argued that extradition would breach his rights under the European Convention of Human Rights and that, as an indigent person, he should not be sent to serve a penalty that a wealthy person would not have to serve. Justice Aileen Donnelly rejected all of his arguments and ordered his extradition, but she put a stay on the order pending a Supreme Court application. O'Connell was convicted in 2000 of five VAT‑evasion offences, jailed for eight years, released on licence in 2003, and was later subject to a confiscation order of almost £6 million. He has paid £354,407.41, leaving a balance of nearly £6 million plus interest.

2019-02-22 · Dublin

Two-year jail term for violent burglar over gang attack too lenient, DPP argues

The Court of Appeal has reserved its judgment in an appeal by the Director of Public Prosecutions (DPP) regarding the sentence of Donal O'Hara. O'Hara, 26, pleaded guilty at the Special Criminal Court to assaulting John Roche and falsely imprisoning Martin Byrne at The Towers, Saggart, on June 9, 2015. He was sentenced to four years imprisonment, with the final two years suspended. The DPP argues this sentence is "unduly lenient," with counsel Shane Costelloe SC describing the incident as a "gang of thugs accosting" the victim and characterizing O'Hara as "muscle." Defense counsel Michael O'Higgins SC argued that O'Hara's prompt guilty plea warranted elevated status and distinguished his role from other participants. Those included Dessie O'Hare, who pleaded guilty to the same offences and is awaiting sentence; Declan Duffy, who pleaded guilty and was sentenced to six years imprisonment; and Daniel Kane, who pleaded guilty and received five years imprisonment with the final year suspended. The court, presided over by Mr Justice George Birmingham, heard that Duffy's sentence was "capped" at six years. The matter remains adjourned pending the court's decision on whether to increase O'Hara's term.

2019-02-22 · Clare

Man behind £20m tax scam to be extradited to UK

The High Court ordered the extradition of Daniel O'Connell, 65, the alleged "controlling mind" behind a £20 million VAT fraud. O'Connell, who lives in Clare and Limerick, had challenged the extradition on grounds of delay, his right to a fair trial and his indigence. Justice Aileen Donnelly rejected all objections, stating no evidence of a real risk to his rights. O'Connell was convicted in 2000 for five VAT evasion offences and sentenced to eight years, released on licence in 2003. A confiscation order of almost £6 million was imposed, with a seven‑year sentence for default. By 2016 the balance was nearly £6 million plus interest. He was arrested in 2017 under a European Arrest Warrant and will appeal the extradition order next Wednesday.

2019-02-13 · Limerick

Six-year term for abusing nephew "cannot be said to be too severe"

In a Court of Appeal decision on 13 February 2019, a 45‑year‑old man was upheld as having received a six‑year jail term for sexual abuse of a primary school pupil over a period of about six years. The man pleaded guilty to sexual assault, indecent assault and one count of oral rape of his nephew at two locations in Limerick between 1989 and 1996. The Central Criminal Court had found that the victim, aged six to 12, suffered repeated abuse while the uncle was aged 16 to 23. The victim's impact statement described the abuse as having haunted him, torn his family apart and left him feeling shunned. The original sentence of eight years, with the final two years suspended, was imposed by Justice Isobel Kennedy on 27 October 2015 and was upheld by the Court of Appeal.

2019-02-13 · Clare

Jury clears man of murder but finds him guilty of manslaughter over stabbing

A Clare man, Robbie Walsh, 23, was acquitted of murder but found guilty of manslaughter after stabbing Karl "Gobbo" Haugh, 25, at Marian Estate, Kilkee, on 6 August 2017. The jury, after more than three hours, returned a unanimous verdict of not guilty of murder and guilty of manslaughter. Judge Carmel Stewart explained that a guilty verdict requires proof beyond reasonable doubt that the accused intended to kill or cause serious harm, and that if the intention was primarily self‑defence, the killing would be manslaughter. Walsh admitted to stabbing Haugh in the back, claiming he had no intention to kill and that he had only wanted to smash a few windows. He was remanded in custody pending sentencing. The trial included testimony from Walsh's Garda interviews, witness accounts of the fight, and medical evidence that Haugh died from a single stab wound puncturing his lung and causing massive bleeding.

2019-02-08 · Limerick

Pair charged with having loaded pistol to face trial at non-jury court

In Limerick, John O'Donoghue (29) and Paul Whelan (25) were charged with possession of a loaded 9mm Colt semi‑automatic pistol and eight rounds of ammunition, with intent to endanger life, after the weapon was found in a car park on 30 July 2018. The District Court referred them to the Special Criminal Court, where a three‑judge panel—Justice Tony Hunt, Judge Patricia Ryan and Judge Ann Ryan—ordered a non‑jury trial under section 49(e) of the Offences Against the State Act 1939. The men are scheduled to appear again on 21 February.

2019-02-05 · Limerick

Stabbing victim told family he would be OK before deteriorating, murder trial hears

During the murder trial of Robbie Walsh, a 23‑year‑old, the court heard that Karl Haugh, 25, had been admitted to Limerick University Hospital with a chest stab wound and was initially stable, sitting up and reassuring his family that he would be fine. An "unexpected chain of events" led to his condition deteriorating; he became unstable, required surgery, and was pronounced dead at 5.20 am after about an hour of resuscitation. The surgeon explained that Haugh had a leak of air into his left chest cavity and was in shock; a blood clot may have formed, causing a sudden bleed that could not be controlled. Witnesses described a brief fight at the Walsh estate, during which Haugh was stabbed, and the accused's cousins were present. The trial continues before Justice Carmel Stewart and a jury. Robbie Walsh pleaded not guilty. Karl Haugh pleaded not guilty.

2019-02-04 · Clare

Murder accused "freely admitted" stabbing deceased, trial hears

In a Central Criminal Court hearing, 28‑year‑old Robbie Walsh of Island View, Kilrush, pleaded not guilty to the murder of 25‑year‑old Karl Haugh, nicknamed Gobble, who was killed on 6 August 2017 at the Marian Estate in Kilkee. Prosecutor Patrick Gageby SC presented a narrative that on the Saturday of the August Bank Holiday, Walsh and his cousins Mitchell and Clinton were socialising in Kilkee. Phone calls recorded between the cousins and Haugh suggested a hostile encounter. Gageby alleged that after a brief altercation involving a vandalised Passat, Walsh stabbed Haugh in the back with a knife, causing a single penetrating wound that sliced a rib and lung, leading to Haugh's death at University Hospital Limerick. Walsh was arrested the next day, freely admitted the stabbing and expressed remorse. The trial, before Justice Carmel Stewart, continues with a jury of five women and seven men.

2019-02-01 · Limerick

Military-style burglar was well advised to drop appeal, judge says

In a 2017 Limerick Circuit Criminal Court hearing, Lithuanian national Aurimas Petraska, of Church Street, Rathkeale, was sentenced to seven years' imprisonment for a series of 2016 burglaries that stole €150,000 worth of women's clothing and Chanel beauty products across Tipperary, Cork and Limerick. Judge Tom O'Donnell described the gang as "professional" and the raids as "premeditated and planned down to the last detail and executed with military precision". The final 18 months of the sentence were suspended. Petraska had planned to appeal the severity of the sentence, but his barrister John Moher BL informed the Court of Appeal that he wished to withdraw the appeal. Judge George Birmingham, President of the Court of Appeal, noted that Petraska had received "extraordinarily well" in the Circuit Court and that proceeding with the appeal risked an increased sentence. The Court of Appeal allowed the withdrawal, following a landmark 2018 sentencing guideline for burglary offences. Aurimas Petraska pleaded guilty.

2019-01-28 · Limerick

11 years for rapist who was "obsessed" with partner's daughter

Liam O'Dwyer, 45, of Capparoe, Adare, Co. Limerick, was sentenced to 11 years' imprisonment for eight counts of sexual assault, four counts of rape and one count of oral rape after a retrial. The offences occurred in his then partner's bedroom between October 1996 and December 2001, when the victim was aged 12 to 17. O'Dwyer denied the charges. Witnesses described him as obsessed with the girl, calling the house repeatedly and insisting on knowing her whereabouts. The victim, who later struggled with drug addiction and PTSD, gave a victim impact statement describing ongoing fear and trauma. The judge noted O'Dwyer was groomed into submission and, despite his denial, imposed the sentence and ordered three years of post‑release supervision. The court heard he had six prior convictions, including assault and false imprisonment. The victim's partner remains supportive of O'Dwyer's innocence.

2019-01-28 · Limerick

Eight years for "entirely needless" killing of "annoying beggar"

Desmond Coyle, 60, was sentenced to eight years' imprisonment for the manslaughter of 58‑year‑old Calo Carpaci, an "annoying" Romanian beggar, on 24 May 2017. Coyle left his Limerick home, drank at two pubs, then armed with a knife sought Carpaci. Unable to find him, Coyle entered Carpaci's home, stabbed him in the heart, and fled. CCTV captured the 13‑second assault. Coyle later told authorities he believed Carpaci deserved the death and that Carpaci had "stopped f***ing annoying me." Judge Michael White described the killing as "entirely needlessly" and "at the upper end of the scale" for manslaughter. Coyle had no prior convictions, had pleaded guilty to manslaughter before trial, and expressed remorse. The judge noted Coyle's civil demeanour but imposed the sentence for the serious nature of the crime. The eight‑year term is effective from 12 December 2018.

2019-01-21 · Limerick

"I'm not some cruel monster": man to be sentenced for killing "aggressive beggar"

A 60‑year‑old Limerick man, Desmond Coyle, was found not guilty of murder but guilty of manslaughter after stabbing a 58‑year‑old Romanian beggar, Calo Carpaci, to death on 24 May 2017. Coyle stabbed Carpaci in the heart with a single wound while at the beggar's home. He told those who restrained him that he hoped the victim was dead and that he deserved it, and later said that if the beggar had stopped "f***ing annoying me" the incident would not have happened. Coyle had been drinking in pubs before going to the beggar's house, armed with a knife, and entered through an open front door, reemerging within 13 seconds with the fatal wound. He had no prior convictions, had been treated in a psychiatric unit after setting his home on fire, and was a single man living alone.

2019-01-15 · Clare

Extradition of man behind multi-million pound tax fraud "in public interest", court told

In a High Court hearing on 15 January 2019, the court considered the extradition of Daniel O'Connell, a 65‑year‑old Cork man, to the United Kingdom to serve a custodial sentence related to a multimillion‑euro VAT fraud. O'Connell was arrested in 2017 under a European Arrest Warrant issued by UK authorities. He had previously been sentenced in 2000 to eight years' imprisonment for five offences of knowingly evading VAT, and in 2003 received an additional seven‑year sentence for non‑payment of a confiscation order of almost £6 million. By 2016 the order's balance was nearly £6 million plus £5.5 million in interest. The court heard that the confiscation order remained outstanding, making the extradition necessary to enforce the overall sentence. O'Connell's counsel argued that the 17‑year delay invalidated the order under the European Convention on Human Rights, citing disproportionate penalties and lack of evidence of payment ability.

2018-12-20 · Limerick

Murderer who slit man's throat for no known reason loses appeal

Gerard Manning, aged 38, of Limerick but originally from Belturbet in County Cavan, has had his murder conviction upheld following an appeal to the Court of Appeal. Manning was convicted in 2013 of murdering Martin Purcell, a 54-year-old father-of-two, at his home on Wickham Street in Limerick in September 2011. Mr Purcell sustained 41 wounds and died from a throat laceration that severed his jugular vein. Manning had pleaded not guilty and denied knowing the victim, but forensic evidence including his fingerprints found in the victim's blood proved decisive at trial. A jury returned a guilty verdict by majority, and Manning received the mandatory life sentence. The Court of Appeal dismissed grounds of appeal relating to the admission of evidence, including a knife found near Manning's flat, and alleged non-disclosure by gardaí. The court determined the trial was satisfactory and the conviction safe. Gardaí have stated no motive for the killing has been established.

2018-12-19 · Dublin

Murder accused told gardai that "happy family" dream was ruined

In a Central Criminal Court trial, 40‑year‑old Keith Connorton pleaded not guilty to the murder of 32‑year‑old Graham McKeever, who was stabbed to death at Connorton's home on 18 February 2017. Connorton told Gardaí that his dream of a happy family with his son and his partner had been ruined. He claimed he had met his partner, Claire McGrath, at a Luas stop, comforted her after a breakup, and described her as "beautiful" and "nice sweet young one". Connorton said he loved her "to bits" and that he wanted to be free of heroin and have a happy family. He had been on a methadone programme, reducing his daily dose from 115mls to 55mls. The trial, presided over by Justice Tony Hunt, continues with a jury of nine men and three women. The case involves a fight between Connorton and McKeever, during which McKeever received a fatal stab wound to the heart.

2018-12-18 · Tipperary

Workers treated "appallingly" at "work camp" awarded more than €1m

In a High Court decision dated 18 December 2018, Ms Justice Carmel Stewart awarded more than €1 million in damages and interest to a group of twenty Portuguese workers who had been employed by three Portuguese companies—Rosas Construtores SA, Constructocoes Gabriel AS Couto SA and Empresa Deconstrucoes Amandio Carvalho SA—under the RAC Eire Partnership. The workers had been building a section of the N7 motorway between Limerick and Nenagh in 2007‑2008 and claimed they were treated appallingly, underpaid, and housed in a cramped, fire‑hazardous prefab building with no drinkable water, unreliable showers and foul wastewater. They alleged unreasonable wage deductions for accommodation and laundry, and that the employers kept fraudulent records of hours worked. The judge found the employers breached numerous employment regulations, including the Organisation of Working Time Act, and ruled the workers were entitled to damages of €818,000, with the final award expected to exceed €1 million after interest.

2018-12-17 · Limerick

Apartment linked to brothel keeper deemed proceeds of crime

The High Court has ruled that a Limerick apartment linked to Brazilian-born Aulicete Walsh and her son, Maicon Morelli, was acquired with the proceeds of crime. Ms Justice Carmel Stewart granted orders in favour of the Criminal Assets Bureau (CAB) under Section 3 of the 1996 Proceeds of Crime Act. The court found that the property, purchased in 2014 for approximately €34,000 and registered in Mr Morelli's name, was bought using criminal funds. The judge noted that Mrs Walsh had previously been convicted of brothel keeping in Ennis and Limerick in May 2015, resulting in an eight-month prison sentence in 2017. She had also been convicted of brothel keeping in 2012 at Newcastle West District Court and fined €750. Dismissing the respondents' claims that over €20,000 of the purchase price came from legitimate income, the judge cited inconsistencies in Mrs Walsh's evidence and a failure to provide financial documentation. The court determined that the lifestyle maintained by the family, including holidays and new cars, was funded by criminal activity exploiting vulnerable women. Consequently, the matter was finalised with the court granting the CAB's application to deem the apartment proceeds of crime.

2018-12-12 · Limerick

Man who stabbed "annoying" beggar in his own home is cleared of murder

In a Limerick murder trial, Desmond Coyle, 60, was acquitted of murder but found guilty of manslaughter after stabbing Calo Carpaci, 58, at his home on 24 May 2017. Coyle claimed he had gone to stop Carpaci from demanding money and had brought a knife, though he could not recall the day or why he had the knife. CCTV showed Coyle entering Carpaci's house, a brief scuffle outside, and passersby restraining him. The jury, after less than four hours, concluded that Coyle had no intent to kill or cause serious injury, and that the death resulted from a single stab wound that pierced the heart. The judge explained the possible verdicts and the nature of manslaughter, and remanded Coyle for sentencing on 21 January. The case was heard at the Central Criminal Court. The unnamed 60-year-old pleaded not guilty.