In a Central Criminal Court case, a woman accused of rape by a man in a Limerick pub's back office on 10 November 2012 presented her testimony. She claimed she was on a date with another man that night, that the accused had shown her the CCTV system, and that she was then raped. She alleged the accused may have destroyed CCTV footage and that her children now fear certain places. During cross‑examination, she said she had been told by the other man not to go to Gardaí. Defence counsel Sean Gillane SC criticised her conduct, calling it "pouring poison and prejudice into the case." The trial, presided over by Ms Justice Isobel Kennedy, was set to continue on Friday. The accused pleaded not guilty. The case remains at the trial stage.
In a 2016 Limerick rape trial, the complainant testified that she had been celibate for 18 years and had no interest in sex. She described being violently attacked in a pub office on 10 November 2012, held against a wall, bruised, and threatened with violence. She said the accused, who had been drunk after a match, later apologized to her and her daughter. The complainant reported the incident to Gardaí two days later but did not file a formal complaint. She returned in December, stating the accused had locked the door and raped her. She denied any flirtation with the accused, insisted she was older and uninterested in sex, and rejected a defence claim that another man was present. The case proceeded before Ms Justice Margaret Heneghan and a jury. The unnamed woman pleaded not guilty.
Larry McCarthy, 37, appeared before the Special Criminal Court in Limerick on 26 February 2016. He is charged with threatening to kill Noel Moore at Windsor House, Donoughmore, on 28 July 2015, and with threatening to damage Moore's house on the same day. McCarthy also faces separate charges of threatening to use unlawful violence with two others, and of assaulting David Foran at Cornmarket Villas on 25 November 2014. Judge Paul Butler remanded him in custody until 6 April, noting he may apply for bail.
In a Special Criminal Court out‑of‑hours sitting, John Costello, 59, of Glenashrone, Abbeyfeale, was charged with possession of more than 700 rounds of ammunition. Gardaí arrested him in Abbeyfeale on 21 February after finding 450 rounds of .38 special calibre and 329 rounds of 9mm calibre ammunition on Main Street, and an additional three rounds of 9mm calibre at his home on 22 February. Detective Garda Michael Herlihy formally arrested Costello, explained the reasons for his arrest, and warned him that he would be brought before the Special Criminal Court. Costello was transported to the court, given a copy of the charge sheet, and read the charges while wearing a purple jumper. His counsel, Mr Dean Kelly BL, requested a mention and possible bail application for 1 March at 11 a.m. The presiding judge, Mr Justice Paul Butler, with Judges Flann Brennan and William Hamill, remanded Costello in custody until Tuesday morning.
Robert Jones, a 26-year-old bank worker from Tallaght, Dublin, received a suspended sentence of 18 months at Dublin Circuit Criminal Court for assault causing harm. Jones pleaded guilty to the charge, which carries a maximum penalty of five years, after the Director of Public Prosecutions agreed to withdraw a more serious charge of assault causing serious harm, which carried a maximum penalty of life imprisonment. A nolle prosequi was entered on the withdrawn charge. The incident occurred on July 20, 2014, at Palace night-club, Camden Street, where Jones allegedly struck victim Brian Murphy with a pint glass, leaving the medical student blind in one eye. Judge John Aylmer noted that while he made no determination on provocation, he was legally bound to give Jones the benefit of the doubt regarding witness accounts of provocation. The judge cited Jones' impeccable character, the spontaneous nature of the act, and the fact that a custodial sentence would destroy Jones' career prospects, thereby affecting the victim's ability to seek civil compensation. Jones brought €8,000 to court as a token of remorse. The court heard that Jones had previously faced trial on the more serious offence before pleading guilty to the lesser charge.
In a Central Criminal Court trial, an 83‑year‑old US citizen was acquitted of two counts of rape and two counts of sexual assault against a 17‑year‑old American relative. The accused testified that the sexual acts were consensual, claiming the girl performed oral sex on him after she confided in him about her weight problem. He said she never objected and could have stopped the interactions. The girl testified that she was held down, forced to perform oral sex, and that attempts at penetrative sex were painful and stopped because he was physically unable. A jury of twelve deliberated for just under five hours and returned unanimous not‑guilty verdicts on all charges. The case ended with the accused's acquittal.
Alan McNamara, 48, of Mountfune, Murroe, Co Limerick, faces trial for the murder of Andrew O'Donoghue on 20 June 2015 at the Road Tramps motorcycle club. His stepson, Robert Cusack, 26, of Abington, Murroe, Co Limerick, is charged with impeding the Garda investigation. Both were sent to trial by Justice Patrick McCarthy for 10 July 2017.
In a 2016 case, a 40‑year‑old married man from Kerry was sentenced to three years' imprisonment, with the last 18 months suspended on strict conditions. He was found guilty of two counts of threatening or putting a witness in fear during a Garda investigation between 29 April and 28 May 2010. The defendant had sent the victim, a sex worker, harassing text messages and emails that called her a whore and threatened to expose her as a prostitute to her family and neighbours if she did not drop criminal allegations. He had no prior convictions and was described by a character witness as a straight, decent husband and father. The court noted the victim's fear and isolation, and the defendant's lack of contact with her during the suspended period. The sentence was imposed by Mr Justice Patrick McCarthy at the Central Criminal Court. The unnamed 40-year-old pleaded not guilty.
Two men, Niall Carey (28) of Hyde Road, Ballinacurra Weston, and Daniel Martin (30) of Brookview Gardens, Tallaght Dublin, are to be sentenced for their roles in an attack at Wheatfield Prison on January 21, 2013. Both pleaded guilty to violent disorder at the prison and Carey also pleaded guilty to assault causing harm to Noel Murray during the same incident. The charges were admitted, and both men have pleaded guilty. A third man, Stephen Seery (34) of Ballyogan Vale, Carrickmines, Dublin, was last year sentenced to six months imprisonment for violent disorder at the prison during the same incident. The case is at the sentence stage. Judge Patricia Ryan adjourned both men's cases until March and ordered probation reports. Carey has 40 previous convictions and is due for release in June. Martin has 47 convictions and was released last August. The matter was adjourned and no sentence has been imposed yet.
An elderly man, aged 75, was sentenced by the Central Criminal Court to 12 years' imprisonment, with six years suspended, for attempting to rape and sexually assaulting his special‑needs niece between 2005 and 2011. The court heard that the victim, aged 11 to 14 at the time, was abused in various locations in County Cork and County Limerick, including a house, a car and a bedroom in the niece's grandparents' home. The man pleaded guilty, and his cooperation and early plea were cited as mitigating factors. Judge Tony Hunt suspended the final six years on the condition that the defendant keep the peace and have no contact with the victim for life. The victim's impact statement described ongoing fear and emotional distress caused by the abuse. The defendant had no prior convictions. The case was prosecuted by Martina Baxter BL and defended by Mary Rose Gearty SC.
A 37‑year‑old Limerick man was sentenced to four and a half years' imprisonment for assaulting his former partner with a shovel until it broke. The victim suffered bruises and injuries to her eye, eyelid, cheeks, neck, head, ears, arms, legs and had hair torn from her scalp. The court found him guilty of assaulting her outside her house, dragging her into a waiting car and beating her with a shovel. He was acquitted of rape and false imprisonment, and the jury could not decide on two counts of rape. The judge noted the victim's vulnerability and the lack of remorse from the defendant, and reduced a potential six‑year sentence for false imprisonment to four and a half years. The case involved the defendant's prior 11 convictions, mainly for traffic and public order offences. The victim's drug addiction worsened after the attack, and she now lives outside Limerick. The defendant's defence acknowledged his bad behaviour on that occasion.
The Court of Appeal adjourned all matters concerning the appeals of Wayne and John Dundon against their convictions for threats and witness intimidation. Prosecutors, represented by Shane Costelloe SC, argued that the DPP was being "drip fed" information by the defendants and their lawyers regarding applications to add additional grounds of appeal. Mr Costelloe described the situation as "grossly unsatisfactory," noting that while appeals were lodged within time, proceedings had stalled due to the applicants' desire to introduce further grounds. The court had set a deadline of December 1 for Wayne Dundon to file a notice of motion, which he met, but his lawyers subsequently indicated that further submissions were forthcoming. The three-judge panel, including Mr Justice Garrett Sheehan, removed the appeals from the list for the scheduled hearing on December 17. The court also adjourned the matter of providing reasons for its June decision to uphold Wayne Dundon's six-year sentence, despite prosecutors' arguments that it was "unduly lenient." Wayne Dundon is currently serving a mandatory life sentence for the 2009 murder of Roy Collins, a charge to which he and co-accused Nathan Killeen pleaded not guilty before being found guilty by the Special Criminal Court. The court noted that difficulties were compounded by an intervening trial relevant to the appeal.
Patrick Scanlon, a 55-year-old restaurateur with an address on the Channel Island of Jersey, successfully appealed his sentence at Limerick Circuit Criminal Court. He had previously pleaded not guilty to the possession and importation of cannabis worth €79,000 from Spain to a house in Pallaskenry, Co Limerick, on August 8, 2013. Following a three-week trial, a jury found him guilty, and Mr Justice Caroll Moran sentenced him to 15 years imprisonment on May 21, 2014. On appeal, a three-judge panel comprising Mr Justice Garrett Sheehan, Mr Justice Alan Mahon, and Mr Justice John Edwards reviewed the case. The court accepted submissions from Mr Michael O'Higgins SC that the original sentence was excessive given mitigating factors, including Scanlon's charitable works, such as running marathons in prison and raising funds for Chernobyl children. The court identified an error in principle regarding the sentencing judge's assessment. Consequently, the panel quashed the original 15-year sentence and imposed a reduced sentence of 11 years imprisonment. This decision reflects a four-year reduction based on the additional material submitted, which highlighted Scanlon's efforts to do good and his lack of status as a hardened criminal.
A 40‑year‑old married Kerry man was found guilty of threatening a sex worker to withdraw criminal allegations against him. He sent texts and emails calling her a whore and threatening to expose her as a prostitute to her family and neighbours if she did not drop the charges. The woman, who was working as an escort, had met him in a hotel after arranging a "girlfriend experience" on the Escorts Ireland website. After he left, she reported him to the Gardaí, who began identifying him. He used pseudonyms and unregistered phones, but investigators traced 250 IP addresses and CCTV footage to confirm his identity. He pleaded not guilty, but a jury convicted him of two counts of threatening or putting a witness in fear. Mr Justice Patrick McCarthy adjourned sentencing to January, remanding him in custody until then.
A 39‑year‑old man from the Ivory Coast was sentenced to six years in prison in Limerick for raping his former partner on 8 July 2013. He pleaded not guilty to rape and oral rape. The victim, aged in her 40s, described being terrified and believing she would die during the assault. The judge noted the accused had shown no remorse and that the victim had previously shown charity by helping him with food and cooking. The court heard that the man had moved into a new house, had a history of heavy drinking, and had threatened the victim with a knife and violence. After the assault the man claimed the sex was consensual, but witnesses confirmed the relationship had ended. The victim reported ongoing nightmares and lasting trauma. The judge imposed the six‑year sentence, taking into account the accused's foreign nationality. The man remains denied of the rape. The unnamed 39-year-old was convicted.
Pat Healy, 66, of Norwood Park, Garryowen, Limerick, pleaded guilty at the Central Criminal Court to indecent assault of his daughter aged 13‑16 between 1981 and 1984. He had no prior convictions. The victim, now 46, waived anonymity so her father could be named. Mr Justice Patrick McCarthy described the offence as high seriousness, noting long‑term effects on the victim and that the father accepted moral responsibility. He imposed a seven‑year imprisonment term. The victim recalled being forced to touch Healy's penis, to be touched in return, and to perform oral sex, including incidents in a car and during a Sunday lunch outing. She left home at 16, later entered care, and filed a complaint in 2013; Healy was arrested February 2014. The court recorded the victim's statement that the abuse destroyed her life and that she hoped to move on.
Anthony Buck, aged 41, was convicted of murdering David Nugent in Tipperary on 8 July 1996 and received a mandatory life sentence on 2 February 1998. He appealed to the Court of Appeal seeking to have his conviction quashed on the basis that new facts had emerged following the Supreme Court's Gormley and White decision, which concerned access to a solicitor during Garda interviews. Buck's counsel argued that the decision should allow a miscarriage of justice claim under the Criminal Procedure Act 1992. The Court of Appeal, comprising Justices Birmingham, Sheehan and Mahon, dismissed the application. Justice Birmingham noted that Buck's case differed materially from Gormley and White, that no newly discovered fact existed, and that the appeal lacked substance. The Director of Public Prosecutions' motion to dismiss was also upheld. The conviction remains in force. Anthony Buck pleaded not guilty.
In a six‑day trial at the Central Criminal Court, a 40‑year‑old Kerry man was acquitted of rape and sexual assault after a jury found no evidence that he had forced the woman to perform oral sex in a Dublin hotel room on 28 March 2010. The jury, however, found him guilty of two counts of threatening or putting the woman in fear between 29 April and 28 May 2010. He had sent her text messages and emails from unregistered numbers calling her a whore, threatening to expose her as a prostitute to her family and neighbours, and claiming she had "false allegations." The man pleaded not guilty to all charges. He was remanded in custody pending sentencing, and his defence sought bail to see his children, a request denied by the judge.
Gary Campion, aged 31, had two life sentences for separate murders. He appealed both convictions. The Court of Appeal dismissed his appeal for the murder of Brian Fitzgerald and confirmed his conviction for the murder of Frank Ryan. Campion denied involvement in both killings. The appeal focused on the admissibility of witness statements by Mr Errol Ibrahim, who was present at the scene and later retracted his statements. The Court of Appeal upheld the trial judge's decision to admit Ibrahim's statements under section 16 of the Criminal Procedure Act 2006. The court also considered other evidence, including pathology and ballistic evidence, and rejected all arguments presented by Campion's lawyers. The conviction for Frank Ryan's murder was therefore confirmed by the Court of Appeal.
A Kerry man is on trial at the Central Criminal Court for oral rape and sexual assault of a sex worker in a Dublin hotel room on 28 March 2010. He pleaded not guilty and denied that he pursued a vendetta to force the woman to withdraw her allegations. The accused also denies two counts of threatening or intimidating a witness in a Garda investigation between 29 April and 28 May 2010. The complainant, who had worked as an escort for four years, advertised herself as a former model on the Escorts Ireland website. She claimed the meeting was for a "girlfriend experience" but that the accused became rough, forced her to perform oral sex while holding her by the hair, and did not pay her. The accused was identified through a pseudonym email linked to a former employer. After his arrest he told Gardaí that the sex was consensual and that he had never assaulted anyone.
Gary Yeung, a 31-year-old man from Limerick, was sentenced at the Special Criminal Court in Dublin for the unlawful possession of firearms. In October, Yeung pleaded guilty to possessing a .455 Colt model "New Service" revolver and a .455 Calibre Webley Mark 6 revolver bearing serial number 324736 at James' Street, Dublin 8, on September 14, 2013. During the sentence hearing, Detective Superintendent Tom Maguire of the Special Detective Unit stated that detectives received information in September 2013 that Yeung was travelling from Limerick to Dublin for an IRA operation. Surveillance led to Yeung handing a bag to another man outside Kenny's public house; two firearms wrapped in socks were found inside. The Colt was described as rusted but operational, while the Webley was not. DNA analysis linked Yeung to the bag but not the guns. Yeung has ten previous minor convictions. Mr Justice Paul Butler noted the offence was serious but cited mitigation factors including Yeung's early guilty plea, expressed remorse, and low risk of reoffending. The court imposed a five-year prison sentence, with the final three years suspended. Yeung, who has been in custody for two months, had his sentence backdated to September 27 of this year.
Thomas Coffey, 31, of Carlow, was sentenced to 18 months' imprisonment after pleading guilty to stealing €4,800 from 81‑year‑old Sinclair Downey in September 2013. Coffey, who had 19 prior convictions including four for theft, was part of a fraud ring that overcharged Downey for roof work. Garda Colleen Doherty described how Coffey and accomplice Patrick O'Brien called Downey's home, claiming he owed further payments for unauthorised work, and then accompanied him to a bank to withdraw the cash. CCTV footage captured the men waiting with Downey and receiving the money. Coffey was arrested in Kerry in November 2013 and later admitted his role after a mobile‑phone call was found. The judge described the offence as an "odious crime" and noted Coffey's psychiatric treatment at Kerry General Hospital. O'Brien, 32, was jailed for four years for a similar theft of €14,200 from Downey.
An elderly 75‑year‑old man, whose name is withheld to protect the victim's anonymity, has pleaded guilty to attempted rape and sexual assault of his niece with special needs. The offences occurred in County Cork between 2005 and 2008 when the victim was aged 11 to 14, and in County Limerick between 2011 and 2012, including a December 23, 2011 assault. He admitted touching her breast and attempting sex, including an incident in a hallway after she returned from school and another in a car en route to her grandparents' home. The victim, who has a mild intellectual disability and was in residential care, reported ongoing fear and life changes in a victim impact statement. The case is set for sentencing next month, with a court adjournment to December and a risk assessment ordered for the Probation Services.
Tony Kelly, a 50‑year‑old former restaurant manager, was found guilty of stealing €6,900 from La Maison restaurant in Castle Market, Dublin, after a dispute with the owner. He accessed the restaurant safe on a day off, took the money, and called the owner to say he would never see him again. Kelly pleaded guilty at Dublin Circuit Criminal Court on 15 December 2014. He had no prior convictions and had previously owned a restaurant in Limerick from 2000 to 2005. The court noted he was on prescribed medication and under considerable stress from long work hours. Detective Garda Sarah Barry reported that Kelly had met with Gardaí a few weeks later, claiming the money was owed to him, a claim the owner denied. The judge accepted the dispute, acknowledged Kelly's impaired thinking, and ordered a one‑year suspended sentence with a requirement to repay the stolen amount.
In a brutal case, Alan Hanley, aged 34, was sentenced to 12½ years' imprisonment for punching, kicking and repeatedly raping a woman in her own home on 4–5 May 2012. The assault began when Hanley entered the victim's house, beat her, tore her clothes off and raped her on a rug. He dragged her into a shower, turned it on, and raped her again, then dragged her downstairs for a third rape. After the third assault he ejaculated, burned pieces of the rug and her clothing, and threatened to destroy evidence. Hanley pleaded not guilty to three rape charges and an assault charge; a jury found him guilty on all counts. The judge imposed the maximum five‑year sentence for the assault and 12½ years for each rape, with all terms running concurrently from May 2012. Hanley had prior violent convictions, including knife possession and intimidation of a witness.
Howard Kelly, aged 41, was sentenced to life imprisonment for the murder of 48‑year‑old Margot Seery, who was strangled in her Kenilworth Square flat in Dublin on 7–8 October 1994. Kelly walked into a Garda station in Naas in July 2014 and confessed to the killing, claiming he had been threatened by Seery and had acted in a "completely unprovoked" manner. The court heard that Seery's body was found fully clothed, face‑down on her bed, and that a post‑mortem at the time had indicated death by asphyxiation from vomit after alcohol consumption, a conclusion later challenged by Kelly's confession. The prosecution presented statements from Kelly, Garda evidence, and victim impact statements from Seery's daughter and brother. The judge, Mr Justice Patrick McCarthy, imposed a life sentence back‑dated to 27 March 2015. The case was described as highly unusual by the State prosecutor. Howard Kelly pleaded guilty.
Three men—Conor Hughes (38), Darren Fox (26) and Jamie Smithers (36)—were charged with membership of the Irish Republican Army and firearms offences. They were arrested early on Halloween morning by the Special Detective Unit in County Limerick. The charges include unlawful possession of a Winchester 12‑gauge shotgun and two 12‑gauge cartridges. The State objected to their bail applications, but Mr Justice Paul Butler of the Special Criminal Court granted bail. Conditions require the men to stay at home, observe a curfew from 11 pm to 7 am, sign daily at a local Garda station, remain available on a mobile phone, and avoid contact with anyone charged with a scheduled offence or with each other. Hughes and Fox must not leave County Dublin; Smithers must not leave Carlow or Wexford.
Jonathan Colbert, 27, of Limerick, pleaded guilty to aggravated sexual assault on a woman in her 40s who was walking home from a night out on 13 October 2013. He grabbed her, dragged her into a nearby estate, pinned her against a wall and struck her head three times. While she screamed for help, he removed his trousers and underwear and attempted to undo her belt. A resident called the Gardaí after hearing the screams; the victim was still struggling when officers arrived. Colbert pretended to make a phone call and fled. He was intoxicated at the time of arrest and later claimed the victim had consented to sexual acts. The court noted the lack of a victim impact statement and the victim's desire to move on. Justice Margaret Heneghan cited the physical harm to the victim's face, Colbert's lack of genuine remorse and a psychologist's report of low empathy as aggravating factors.
Three men—Conor Hughes (38), Darren Fox (26) and Jamie Smithers (36)—appeared before the Special Criminal Court on 2 November 2015. They were charged with membership of the Irish Republican Army, an unlawful organisation, and with possession of a Winchester 12‑gauge shotgun and two 12‑gauge cartridges. The arrests were made early on 31 October 2015 by the Special Detective Unit in County Limerick. The court heard that the men did not reply to their arrest or caution. No bail applications were made. The judge remanded the men to custody to appear again on Friday. The proceedings were conducted in the non‑jury Special Criminal Court, with each accused represented by counsel. No further details of the case were disclosed in the article.
The Court of Appeal has dismissed the appeal against conviction by Patrick Scanlon, a 55-year-old restaurateur from West Limerick with an address on the Channel Island of Jersey. Scanlon had pleaded not guilty at Limerick Circuit Criminal Court to the possession and importation of cannabis worth €79,000 from Spain to a house in Pallaskenry, Co Limerick, on August 8, 2013. He was found guilty by a jury following a three-week trial and sentenced to 15 years imprisonment by Mr Justice Caroll Moran on May 21, 2014. The centrepiece of his appeal, submitted by barrister Michael O'Higgins SC, was that his arrest was allegedly tainted by a period of illegal detention immediately before his arrest. O'Higgins argued that Scanlon was searched twice for drugs—once at the roadside and then at a garda station—and that no new reasonable cause had been formed for the second search. However, Mr Justice Garrett Sheehan, speaking for the three-judge court which included Mr Justice Alan Mahon and Mr Justice John Edwards, stated that it was not unusual for a person to be detained on the roadside and brought to a station for a further search. The court described the action as a continuous single search, noting that it did not matter that the process was described as a first or second search or carried out by two different gardaí. Consequently, the appeal was dismissed. Scanlon will appeal his sentence at a later date.
A Limerick man, aged 42, was sentenced to eight years in prison, with the final two years suspended, for raping and sexually abusing his nephew between 1989 and 1996. The nephew, who was 11 at the time of the last abuse, suffered repeated oral rape, molestation and forced sexual acts, including being made to perform oral sex on the uncle. The uncle, aged between 15 and 23 during the offences, also forced the boy to view pornography and was described by the victim as a manipulative monster. The victim, now 32, testified that the abuse began when the uncle took his hand and led him away, and that the abuse continued yearly until the boy started secondary school. The court noted the uncle's breach of trust and the victim's severe suffering, taking into account the defendant's remorse, age at the time of the offences and good work history. The unnamed 42 year old pleaded guilty.
Reports that the Government intends to establish a second Special Criminal Court have surprised legal practitioners, despite existing legislation. The current non-jury court faces a significant backlog, with the earliest available trial date in June 2017. Establishing a second court requires new judicial panels, additional resources for the DPP and Gardaí, and a secure location, potentially Cloverhill, as the current Court 11 at the Criminal Courts of Justice is fully utilized. The court currently has 34 people before it and 19 fixed trials scheduled through early 2017. Notable recent proceedings include the July 2014 sentencing of Wayne Dundon and Nathan Killeen, who were convicted of the murder of Limerick businessman Roy Collins and jailed for life following a 29-day trial. Additionally, the trial of three men accused of the murder of dissident republican Peter Butterly collapsed in January after 55 days due to disclosure issues; the matter was adjourned for a retrial in January 2017, and the accused were released on bail. A separate 21-day trial of seven Dublin men accused of dissident republican membership ended with their acquittal earlier this year. The Special Criminal Court, established in 1972, has historically handled cases related to the Troubles and more recently dissident republican and gangland activity.
Gerard Mounsey, 47, of Knockshegowna, Ballingarry, Nenagh, Tipperary, was found guilty in 2014 of eight counts of knowingly or wilfully filing incorrect income tax returns for the years 2003 to 2009. He was acquitted on one count and convicted on seven, receiving a suspended 18‑month prison sentence and a €10,000 fine. Mounsey appealed, and on 19 October 2015 the Court of Appeal quashed his conviction. The appeal court held that the conviction could not stand, citing that the tax liability for the relevant years had not been finally determined at the time of trial. The court also noted that the evidence of tax assessments was presented as opinion evidence, and that the defence had been inadequately engaged with the issue. The judgment was delivered by Mr Justice George Birmingham, sitting with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon. Gerard Mounsey pleaded not guilty.
Gary Yeung, 31, of Bawnmore View, Crossagalla, Limerick, pleaded guilty at the Special Criminal Court in Dublin to unlawful possession of a .455 Colt "New Service" revolver and a .455 Webley Mark 6 revolver (serial 324736) found at James' Street, Dublin 8 on 14 September 2013. He surrendered bail, was remanded by Justice Paul Butler until 27 November when sentencing will occur. Another man charged with the same offence is expected to be tried later this month.
Kevin Coughlan, aged 33, was sentenced to eleven years' imprisonment with three years suspended for manslaughter after a murder conviction was quashed. The case involved the death of Francis Greene, who was forced by Coughlan to the River Shannon on 28–29 November 2009. A jury had found Coughlan guilty of murder in 2011, but the Court of Appeal overturned the conviction in June 2015, citing unsatisfactory evidence from the Deputy State Pathologist, Dr Khalid Jaber, who had not disclosed that Greene had been strangled before drowning. The appeal substituted a manslaughter verdict. Mr Justice Patrick McCarthy imposed the sentence, crediting Coughlan for a guilty plea and for time already served, and noted his prior criminal record of robbery and burglary. The sentence will run from 10 June 2010, with the suspended portion effective after the term ends. Kevin Coughlan pleaded not guilty.
Patrick O'Brien, 32, of Abbeyfeale, was sentenced to four years' imprisonment after he defrauded 81‑year‑old Sinclair Downey of €14,200 in 2013. O'Brien had a history of 29 convictions, 12 for theft, many involving elderly victims. He and an accomplice visited Downey three times, claiming to repair a roof. They first quoted €80, then raised the price to €1,700, and later demanded €4,800 for a flat roof that had not been agreed upon. Downey, fearing tax penalties, paid the amounts and signed no contract. O'Brien was caught on CCTV cashing the money at a bank. Garda investigations revealed the work cost far less than claimed. O'Brien pleaded guilty at Dublin Circuit Criminal Court; Judge Martin Nolan described the men as "preying" on Downey and imposed the sentence. The case is pending a similar offence in Tralee Circuit Criminal Court later this year.
Kevin Coughlan, a 32‑year‑old Limerick man, had his murder conviction quashed after a successful appeal. The Court of Appeal found his original trial unsatisfactory, citing the late presentation of crucial evidence from Deputy State Pathologist Dr Khalid Jaber, who had stated that Francis Greene was strangled before drowning. The court concluded that Coughlan could have been found guilty of manslaughter and therefore quashed the murder conviction, finding him guilty of manslaughter under section 3(1)(d) of the Criminal Procedure Act 1993. Although the court could have imposed a sentence immediately, it decided the sentence should be delivered in the Central Criminal Court. Coughlan was not present for the sentencing hearing, and the judge scheduled the sentence for 5 October, noting that Coughlan will serve a portion of his new sentence in the meantime. Kevin Coughlan pleaded not guilty.
Paul Ryan, a 50‑year‑old security guard with eight years of service and no prior convictions, pleaded guilty to robbery at Hodges Figgis on 23 March 2014. He tied up the day manager, Ciara Flanagan, in the cloak room with tape, took €22,145 from the shop's safes, and spent the money on alcohol and betting while living rough for a month. Ryan later turned himself in. The court considered a false imprisonment charge. Judge Catherine Murphy imposed a four‑year prison sentence back‑dated to 24 April 2014, but suspended the remaining term on the condition that Ryan keep the peace and address his gambling and alcohol addictions through Probation Services. The sentence was not read out in full, and the victim impact report was not presented. Ryan has been described as a model prisoner during custody.
The High Court quashed the dismissal of Detective Brian Culbert, a Limerick-based Garda, after he admitted breaching Garda rules on handling informants. Justice Iseult O'Malley ordered that the case be reheard by a new Garda board of inquiry, as the original board had failed to conduct a proper hearing and had not provided reasons for its recommendation. Culbert had been involved in a serious crime investigation and had acted as an informant handler. He ignored orders to stop, was charged with disciplinary breaches, and the board recommended dismissal in September 2013. The Commissioner ordered dismissal in October 2013, but the decision was appealed on grounds of unfairness and lack of reasons. The High Court ruled the dismissal void and remitted the matter to a newly constituted inquiry board, rejecting a blanket prohibition of the disciplinary process. The judge noted Culbert's admission of guilt and the need for a fresh, independent review.
A senior Health Service Executive manager has initiated High Court proceedings challenging her proposed reassignment to an alternative role. Ms Helen Earley, Area Director of Nursing for the Galway/Roscommon Mental Health Service, contends the HSE lacks contractual authority to transfer her to a position overseeing smoke-free zone initiatives across the Limerick to Donegal region and island health services. Her counsel argued the relocation would damage her professional reputation, given her current responsibility for 400 staff across 60 locations and her stewardship of substantial service restructuring since 2012. The HSE maintains contractual entitlement to effect the transfer on identical terms. Ms Earley seeks injunctions restraining her reassignment and preventing the appointment of an alternative to her current post. Mr Justice Paul Gilligan granted permission to serve short notice of the proceedings. The matter returned before the court on Friday morning.
Patrick Walsh, a 33‑year‑old former Canada Life tied agent from Bruff, was sentenced to two and a half years in prison after pleading guilty to 75 fraud and theft charges. Between February 2010 and November 2011, he created 38 fictitious insurance policies, using names similar to his own, his estranged wife's, or genuine clients, and received commissions and performance bonuses totalling about €265,000. He also stole €90,000 from Canada Life, which paid him for the fake policies, and paid €50,000 in bonuses. The fraudulent policies were worth €75,000, but Walsh profited €215,000, leaving Canada Life with a €230,000 loss. He admitted that the scheme began to finance a house he was building with his former partner, but the scheme spiralled out of control. The court described the conduct as a "long pattern of criminal behaviour" and imposed custodial custody, noting that no genuine policy holders were left out of pocket.
Michael O'Brien, 46, was sentenced to three and a half years' imprisonment for sexually assaulting a one‑year‑old baby while the child's parents were out drinking. The court found the baby was left in O'Brien's care in a house lacking clean clothes, electricity and food, with food stored only in a freezer for social worker inspections. O'Brien had previously served a twelve‑year sentence in 2008 for abusing two children under six and a four‑year term in 1993 for assaulting a 60‑year‑old woman during a burglary. Judge Sarah Berkeley described the assault as "a vile and monstrous act" and, after suspending 18 months of a five‑year term, ordered O'Brien to continue treatment in prison and cooperate with probation services. He pleaded not guilty at the Dublin Circuit Criminal Court and was convicted by a jury earlier this year.
Tributes were paid to former Chief Justice and Attorney General John Murray on his retirement from the Supreme Court. He served as Chief Justice from 2004 to 2011 and had a 24‑year tenure on the bench. The Attorney General, Marie Whelan SC, praised his significant contribution to the law and the people of Ireland. He is Chairman of the Panel of Experts on the Election of Judges to the European Court of Human Rights, Chancellor of the University of Limerick, and Chairman of its Governing Authority. His wife Gabrielle and family attended the ceremony. The Chief Justice, Ms Justice Susan Denham, highlighted his legacy and passion for the Irish nation. The Bar Council, Law Society and Courts Service also paid tribute. Murray, born in Limerick, was called to the Bar in 1967, became Senior Counsel in 1981, served twice as Attorney General, and was a judge of the Court of Justice of the EU before his Supreme Court appointment.
Patrick Walsh, a 33‑year‑old former Canada Life tied agent, admitted to creating 38 fictitious insurance policies between February 2010 and November 2011, generating €215,000 in fraudulent commissions and €50,000 in performance bonuses. He also stole 37 times from Canada Life, receiving commissions on the fake policies. The company suffered a loss of €230,000. Walsh claimed he fabricated policies to fund a house he was building with his estranged wife, but the scheme spiralled as he needed more money to keep the policies from lapsing. He paid €90,000 to produce the policies, which were worth €75,000 when discovered. Walsh also set up direct debits from genuine policyholders' accounts, refunding them from his own account when questioned. He pleaded guilty to 75 fraud and theft charges and is to be sentenced at Dublin Circuit Criminal Court on Monday.
Shane Ferguson, a 47‑year‑old carpenter from Limerick, was sentenced to seven years' imprisonment in 2014 for transporting over €1 million worth of cannabis from Northern Ireland to a cottage in rural Limerick. He pleaded guilty to possession for sale or supply. The drugs, 52.2 kg with a street value of €1,045,148, were moved by a navy transit van hired by Ferguson, who drove it from Newry to Limerick, paying tolls and being tracked on the motorway. An accomplice swapped vehicles and moved the boxes into the cottage. Gardaí seized the boxes, which bore a UPS sticker, and traced the shipment's route from Eindhoven to Newtownabbey to Poyntzpass. On appeal, the Court of Appeal reduced Ferguson's sentence by one year, from seven to six years, while his co‑accused remained at five years. The new six‑year term takes effect from the original sentencing date.
In a High Court judgment, Mr Justice Donald Binchy held that consultant engineers and Limerick County Council were jointly responsible for the wrongful demolition of the O'Shaughnessys' single‑storey farmhouse, 'The Hollows', in Annaholty, Birdhill, Co. Tipperary, on 6 September 2006. The court found the consultant engineering joint venture, RPS Scetauroute, was 70 % liable and the local authority 30 % liable, while the third party that carried out the demolition was not negligent. The demolition stemmed from a series of acts and omissions: an RPS engineer incorrectly designated the plot as derelict, Limerick County Council staff mistakenly identified the O'Shaughnessys' home as plot 156a, and both parties failed to supervise or verify the site. The O'Shaughnessys had purchased the house for IR£34,500 in 1998, lived there, and had planned renovations before the house was unexpectedly removed. The case was settled on undisclosed terms in January of the following year.
Robert Moran, aged 26, pleaded guilty to three aggravated burglaries at the home of a mentally disabled man in Limerick between May and June 2010. He was originally sentenced to five years' imprisonment, with the final two years suspended, by Mr Justice Carroll Moran on 19 May 2011. The Director of Public Prosecutions sought a review on the grounds that the sentence was unduly lenient. The Court of Appeal, hearing the case in a "less than desirable" manner, imposed a new sentence of seven years' imprisonment, with the final four years suspended. The appeal was heard by a three‑judge panel including Mr Justice Garrett Sheehan, Mr Justice John Edwards and Mr Justice Alan Mahon. The final sentence was therefore seven years, four of which are suspended, leaving a three‑year custodial term. The case was heard in the Limerick Circuit Criminal Court.
Kevin Coughlan, 32, of Limerick, had his murder conviction quashed by the Court of Appeal after a March appeal citing unsatisfactory trial conduct, particularly the changing testimony of Deputy State Pathologist Dr Khalid Jabber. Dr Jabber had initially suggested the victim, Francis Greene, might have drowned, but later concluded the victim was dead before entering the water and had been strangled. The Court of Appeal, led by Justice Seán Ryan, found the trial unsatisfactory and substituted the murder conviction with a manslaughter conviction under the Criminal Procedure Act 1993. No criticism was directed at the prosecution or the trial judge. Coughlan remains remanded in custody until 29 July, when he will appear before the Central Criminal Court for sentencing. The sentencing is scheduled for next month. Kevin Coughlan pleaded not guilty.
A 52‑year‑old Munster man was convicted and sentenced to ten years' imprisonment for sexually abusing his nieces, in‑law, daughter and son over a 24‑year period. He pleaded not guilty to ten counts of indecent assault on his nieces in‑law between 1988 and 1992 and to three counts of sexual assault on his daughter and son in 2001, 2002 and 2011. The jury found him guilty and the judge, Mr Justice Carroll Moran, imposed a ten‑year term with the final two years suspended. The defendant's counsel, Patrick McGrath SC, has now applied to appeal, arguing that the judge erred by not severing the indictment and by failing to summarise the defence's case. The Director of Public Prosecutions, Anne Marie Lawlor BL, countered that the judge acted appropriately given the nature of each complaint. The appeal will be considered by the court as soon as possible.
Kevin Coughlan, aged 32, had been sentenced to life imprisonment in 2011 for the murder of Francis Greene, who was found dead on Steamboat Quay between 28 and 29 November 2009. In March 2015, Coughlan's counsel, Anthony Sammon SC, appealed the conviction on the grounds that the trial was unsatisfactory, citing the testimony of Deputy State Pathologist Dr Khalid Jabber. Dr Jabber had altered his conclusion during the trial, initially suggesting the possibility of drowning but later concluding that the victim had died before entering the water and had been strangled. The Court of Appeal, presided over by Mr Justice Seán Ryan, agreed that the trial was unsatisfactory and quashed the murder conviction. It substituted a manslaughter conviction under the Criminal Procedure Act 1993. Coughlan was remanded in custody to appear before the Central Criminal Court for sentencing on the following Monday. Kevin Coughlan pleaded not guilty.