A man convicted of murdering two elderly brothers in Castlebar in July 2013 has had his appeal held up pending legal submissions, which is now delaying an inquest into the deaths. Alan Cawley, aged 31, was found guilty by jury at the Central Criminal Court in 2017 of killing Thomas Blaine, aged 69, and John Blaine, aged 76, at New Antrim Street. He received a mandatory life sentence. Cawley had admitted the killings but denied murder, arguing diminished responsibility due to mental health conditions. The jury rejected this claim. The Court of Appeal has requested that Cawley's legal representatives provide the Coroner for Mayo with an update on the appeal's progress, as the inquest cannot proceed until the appeal concludes. The coroner's delay is causing concern to the deceased's family, according to the court.
A man from Kiltimagh, County Mayo, has failed in his appeal against a five-year prison sentence imposed for dangerous driving. Martin Maughan (32) was convicted by jury at Castlebar Circuit Criminal Court in June 2017 of two counts of endangerment following incidents in the Kiltimagh area on 11 February 2016. During the offences, Maughan reversed a vehicle at speed, nearly striking two pedestrians on an evening walk, subsequently drove with excessive speed whilst crossing continuous white lines and navigated a sharp bend on the incorrect side of the road, forcing oncoming vehicles onto the verge. He was subject to multiple driving bans at the time and held 85 previous convictions, including 54 road traffic matters. The Court of Appeal, sitting at Castlebar, dismissed the appeal today, finding the sentence severe but not so severe as to warrant intervention, given the gravity of offending and his extensive driving-related criminal history. Martin Maughan pleaded not guilty.
The High Court has granted permission for an insolvency practitioner to seek the imprisonment of individuals alleged to be in contempt of court orders regarding trespassing at the N5 Business Park in Castlebar, Co Mayo. The application was brought on behalf of Ken Fennell, a receiver appointed by Promontoria (Arrow) Ltd, against unidentified persons believed to be members of the Travelling Community. Counsel for Mr Fennell alleged that despite previous court orders directing them to vacate the site, caravans remain on the property, causing damage and posing health and safety risks. The motion was prompted by concerns that the upcoming visit by Pope Francis to Knock Shrine might increase trespassing. Ms Justice Caroline Costello granted permission to serve short notice of attachment and committal proceedings on an ex-parte basis. The judge adjourned the matter to next week.
A man formerly of Foxford, County Mayo, has been sentenced to 18 years imprisonment at the Central Criminal Court for the sexual abuse of his daughter throughout her childhood. John Murphy, aged 61, a former member of the Irish Defence Forces, pleaded guilty to rape, indecent assault and sexual assault of his eldest daughter between 1988 and 2001, with a further incident in 2010. The abuse occurred at locations in Counties Galway and Mayo when the complainant was aged between three and fifteen years. Mr Justice Michael White described the offending as characterised by "length, intensity and depravity" and noted the grave breach of trust involved. Murphy is currently serving an eight-year sentence imposed in February for sexual abuse of two younger sisters. The complainant, now aged 33, waived her right to anonymity and read a victim impact statement in court, urging others in similar situations to come forward and break silence surrounding abuse. The sentence was backdated to December 2017.
A man from Castlebar, County Mayo, has failed in his appeal against a murder conviction at the Court of Appeal. The 25-year-old was sentenced to life imprisonment in February 2014 for the death of his mother on March 9, 2011. He had admitted manslaughter but pleaded not guilty to murder. During his trial at the Central Criminal Court, evidence emerged concerning his long-standing substance abuse and intoxication at the time of the killing. His defence centred on arguments of diminished responsibility and an inability to form the necessary intent due to drug use. A jury unanimously rejected these submissions and returned a guilty verdict for murder. The Court of Appeal, presided over by Mr Justice John Edwards, found the trial satisfactory and the conviction safe. The court considered the trial judge's instructions to the jury adequate despite submissions regarding the handling of intoxication evidence. The appeal was dismissed.
A man from Ballyhaunis, County Mayo, has had his five-year prison sentence reduced to twelve months following a successful appeal against his original sentence. Thomas Folliard was convicted at Castlebar Circuit Criminal Court of sexually exploiting a child in January 2016 after approaching a thirteen-year-old boy on a street in a Mayo town and offering him fifty euros for sex. The boy refused and reported the incident to his mother, who contacted gardaí. The Court of Appeal upheld his conviction, finding the trial satisfactory and the verdict sound. CCTV footage from a shopping centre and public building proved significant in establishing Folliard's presence and movements. However, the three-judge court deemed the offence fell at the lower end of the sentencing spectrum, noting the contact was brief, conducted in daylight on a busy street, and limited to verbal propositions. Folliard's previously unblemished character and community involvement influenced the sentencing decision. Thomas Folliard pleaded not guilty.
Thomas Folliard, aged 63, of Church Road, Aughamore, Ballyhaunis, County Mayo, has moved to appeal his conviction for sexual exploitation of a child at the Court of Appeal. He was sentenced to five years imprisonment by Judge Rory McCabe in October 2017 following his conviction at Castlebar Circuit Criminal Court. The charge related to an alleged incident in January 2016 in which Folliard allegedly offered €50 to a 13-year-old boy for sex. His legal representatives argue the case exhibits characteristics of a miscarriage of justice, citing the gardaí's failure to conduct a formal identification parade and the manner in which CCTV footage was presented to the complainant. Counsel for the Director of Public Prosecutions maintained the evidence was compelling and the complainant's account consistent throughout proceedings. The three-judge panel, chaired by Mr Justice George Birmingham, reserved judgment. Thomas Folliard pleaded not guilty.
A High Court challenge to a planning extension granted for a proposed wind farm at Derrynadivva, Castlebar, Co Mayo has been admitted to the fast-track Commercial Court list. Environmentalist Peter Sweetman brought the action against Mayo County Council, Ireland and the Attorney General, seeking to quash the council's October decision to extend planning permission for five years. The extension relates to a four-turbine wind farm development. Mr Sweetman contends that adequate reasons were not provided for the extension and that a proper Environmental Impact Assessment was not conducted beforehand. Developer Ecopower Developments Ltd, which originally secured permission in 2013, is a notice party to the proceedings. The company sought expedited hearing status, citing concerns over project viability and financial loss, particularly regarding compliance with the government-backed REFIT renewable energy support scheme underpinning its value. Ecopower has invested €800,000 to date and estimates a further €11 million is required for completion. Mr Justice Brian McGovern admitted the case to the commercial court list on Monday. The hearing, expected to take three days, was adjourned to July.
A fund-appointed receiver has initiated High Court proceedings at the N5 Business Park in Moneen, Castlebar, Co Mayo, seeking the removal of alleged trespassers. Ken Fennell, an insolvency practitioner with Deloitte, brought the action against persons of unknown identity believed to be members of the Irish Travelling Community. The receiver claims caravans have occupied the site intermittently since his appointment, and that peaceful resolution attempts have failed. Counsel outlined concerns regarding health and safety risks, damage to infrastructure including illegal water main access, and burning of rubbish on the property. The alleged trespassers reportedly demanded €10,000 per caravan to vacate the park and acted in a threatening manner towards the receiver's agents. The receiver seeks orders for vacation and cessation of trespass to facilitate the sale of the business park, which comprises commercial units and development land. A Garda operation conducted in 2017 did not resolve the matter. Ms Justice Caroline Costello granted permission to serve short notice on an ex-parte basis and adjourned proceedings for one week.
A teenager convicted of manslaughter in connection with a fatal stabbing in County Mayo has had his sentencing adjourned pending brain surgery. The Central Criminal Court in Dublin heard that the defendant, who cannot be identified due to his age, has developed epilepsy causing multiple daily seizures and is currently unfit for custody. The 17-year-old was found guilty of manslaughter, not murder, following a trial at the court sitting in Castlebar. The victim, Dovydas Jenkas of Claremorris, died from a single stab wound on 19 December 2015. Medical evidence from a consultant neurologist indicated the defendant has a localised brain lesion requiring surgery within three to four months, with subsequent observation periods making immediate imprisonment inadvisable. Justice Eileen Creedon adjourned the matter to 24 July for a further update on the defendant's medical situation.
A teenager will be sentenced next month for the manslaughter of a 17-year-old boy in Claremorris, County Mayo, in December 2015. The youth, who cannot be named for legal reasons, was convicted of manslaughter by jury at the Central Criminal Court in Castlebar in July following a not guilty verdict on a murder charge. The victim, Dovydas Jenkas, died from a single stab wound in the early hours of 19 December 2015. A consultant's report is to be prepared and sentencing has been adjourned until 12 February to allow its completion. Justice Eileen Creedon agreed to the adjournment, noting her wish to conclude proceedings given the length of time the matter has been ongoing. Detective evidence indicated the deceased had visited the accused's home late on the evening in question and that an altercation occurred in the garden area.
A man serving a life sentence for the 2011 murder of his mother in Castlebar, County Mayo, has lodged an appeal against his conviction at the Court of Appeal. Celyn Eadon was convicted in February 2014 of murdering his 46-year-old mother, whom he fatally stabbed on 9 March 2011. He had pleaded not guilty to murder but admitted manslaughter. During his eight-day trial at the Central Criminal Court in early 2014, the court heard evidence of Eadon's long-standing substance abuse and his mental state at the time of the killing. His legal team argued that the trial judge failed to adequately address the question of intoxication in relation to specific intent. Counsel contended that instructions given to the jury regarding voluntary intoxication may have prevented proper consideration of whether the charge should be reduced to manslaughter. The three-judge panel reserved judgement on the appeal.
A man has received a two-year suspended sentence at Dublin Circuit Criminal Court following his guilty plea to burglary at a takeaway in Castlebar, County Mayo. Yasir Ali, aged 29, of Lighthouse Apartments, East Wall, Dublin, stole equipment valued at €11,484.50 from Thomas Street Takeaway on 18 May 2015. The stolen items included commercial freezers, deep fat fryers, a burger fryer, microwave, food blender, and stainless steel fixtures. Ali was arrested shortly after the offence and subsequently apprehended at Dublin Airport attempting to leave the country with false documentation. Following his arrest, he cooperated with gardaí and led them to a farmhouse at Hollymount, County Mayo, where the concealed equipment was recovered in July 2015. Judge Karen O'Connor imposed the sentence in full suspension. Ali received an additional three-month suspended sentence for the false documentation offence. The court heard he has no previous convictions and had adhered to bail conditions.
The Court of Appeal has dismissed an appeal against the severity of a 15-year prison sentence imposed on Michael Maughan for aggravated burglary. Maughan, aged 24, pleaded guilty to breaking into the caravan of Martin and Winnie McDonagh on Turlough Road, Castlebar, on November 18, 2013. During the attack, Maughan allegedly used a machete to slash the occupants, including an 11-year-old child, causing severe lacerations. The original sentence was handed down by Judge Rory McCabe at Castlebar Circuit Criminal Court on February 19, 2016. On appeal, counsel for the Director of Public Prosecutions argued the offence was among the most serious possible, while the defence compared it to a less severe Tipperary case. The three-judge panel, led by Mr Justice George Birmingham, rejected this comparison, stating both cases represented the highest level of seriousness for aggravated burglary. The court noted that Maughan was also sentenced on four other bills of indictment for violent disorders and robbery committed after the caravan attack. Judge McCabe had imposed concurrent sentences for these additional offences, made consecutive to the aggravated burglary term but suspended in their entirety. The Court of Appeal found that the 15-year sentence for the aggravated burglary fell within the appropriate range and that no error in principle was identified, thereby upholding the original custodial term.
A High Court action taken by a widow who lost over €400,000 on foreign property investments has been resolved to the satisfaction of all parties involved. Ellen O'Mahony had sued financial advisor Thomas Connolly and two Castlebar-based companies of which he is a director, Western Premier Properties Ltd and Morcon Financial Services Ltd, over alleged failures to properly advise her of investment risks in Dubai and Portugal properties. Ms O'Mahony claimed she was persuaded to invest following the sale of her late husband's public house in Castlebar in 2007, when she received €1.2 million. The defendants denied the allegations, arguing she was fully aware of the risks involved and that her action was statute barred. The case commenced before Mr Justice Donald Binchy on Tuesday and was adjourned for settlement discussions. On Thursday, counsel for Ms O'Mahony informed the court the matter had been resolved and the action was struck out.
A teenager who fatally stabbed a 17-year-old in Claremorris on 19 December 2015 will be sentenced as an adult when he returns to the Central Criminal Court in January 2018. The accused, who turns 18 this month, was convicted of manslaughter by jury at the court sitting in Castlebar in July following a not guilty verdict on murder. The victim, Dovydas Jenkas of Mount Street, Claremorris, died from a single stab wound. A consultant neurologist has prepared a report for sentencing, though the expert requires further consultation with colleagues before forming definitive conclusions on the defendant's prognosis and future condition. The defence has highlighted that the accused suffers from an epileptic-type condition involving frequent seizures and episodes of altered awareness. Justice Eileen Creedon noted both prosecution and defence were satisfied to proceed and adjourned sentencing to 16 January, requesting an updated probation report and medical documentation.
A teenager convicted of manslaughter in connection with the fatal stabbing of a 17-year-old in Claremorris, County Mayo, is experiencing an epileptic-type condition characterised by up to ten seizure-like episodes daily, the Central Criminal Court heard during sentencing proceedings in Castlebar. The accused, now aged 17, was found guilty of manslaughter in July following a jury trial, having been acquitted of murder. The victim, Dovydas Jenkas, died from a single stab wound in the early hours of 19 December 2015. At the sentence hearing, the defence outlined that the teenager's medical condition involves transient alterations of consciousness and automatic behaviours, with no memory retention during episodes. The court learned that neurological specialists are pursuing diagnostic assessment and potential surgical intervention. The defence highlighted mitigating factors including the accused's previous good character, low re-offending risk, positive probation report, and educational potential. Ms Justice Eileen Creedon indicated reluctance to proceed with sentencing pending clarification of the teenager's medical status. The hearing was adjourned to 21 November to receive medical evidence from the accused's physician.
A 29-year-old man pleaded guilty to burglary at a takeaway in Castlebar, County Mayo on 18 May 2015. Yasir Ali of Lighthouse Apartments, East Wall, Dublin removed equipment valued at €11,484.50 from Thomas Street Takeaway, including commercial freezers, deep fat fryers, and stainless steel fixtures. Ali had been operating the premises after subletting it without the owner's consent. He was arrested shortly after the theft and subsequently apprehended at Dublin Airport attempting to leave the country with false documentation. Following his arrest, Ali cooperated with gardaí and led them to a farmhouse at Hollymount, County Mayo, where the stolen equipment was recovered. At Dublin Circuit Criminal Court, the judge noted Ali's cooperation and adherence to bail conditions. He received a three-month suspended sentence for the false documentation offence. Sentencing on the burglary charge has been adjourned to 18 December to allow submission of medical reports. Ali has no previous convictions.
A teenager who pleaded guilty to the manslaughter of a fellow 17-year-old in Claremorris, County Mayo, will be sentenced next month at the Central Criminal Court. The accused, now 17, was convicted by jury in July following a trial at the court sitting in Castlebar. He cannot be named due to his age. The deceased, Dovydas Jenkas of Mount Street, Claremorris, died from a single stab wound in the early hours of 19 December 2015. Evidence presented during sentencing indicated both families had relocated from Lithuania to Claremorris and the boys knew each other through their secondary school and playing basketball together. The court heard the fatal stabbing occurred in a garden during an altercation that began when the accused discovered the deceased in his mother's bedroom with his younger sister. Justice Eileen Creedon adjourned sentencing. Medical evidence is scheduled for hearing on 7 November, with sentencing expected on 14 November.
A 30-year-old man from Ballina has been convicted of the murder of two elderly brothers at the Central Criminal Court. Alan Cawley was found guilty of killing Thomas Blaine, aged 69, and John Blaine, aged 76, at their home on New Antrim Street in Castlebar on 10 July 2013. Both men had learning difficulties and were receiving HSE care. Cawley had admitted the killings but pleaded not guilty to murder, arguing diminished responsibility due to mental health conditions. A jury rejected this defence after hearing evidence from psychiatric experts. Justice Paul Coffey imposed a mandatory life sentence, describing the attacks as "wanton" and "savage". A victim impact statement was read by a family member, who recalled the brothers as gentle men who had cared for each other and were valued members of their community.
A jury at the Central Criminal Court has begun deliberating in a double murder trial concerning a 30-year-old man from Ballina, County Mayo. Alan Cawley has admitted causing the deaths of Thomas Blaine, aged 69, and John Blaine, aged 76, on 10th July 2013 at New Antrim Street in Castlebar. However, he pleaded not guilty to murder, with the defence raising the partial defence of diminished responsibility. Justice Paul Coffey instructed the jury that they must consider whether Mr Cawley was suffering from a mental disorder at the time that substantially diminished his responsibility for the killings. The defence psychiatrist identified three conditions, whilst the prosecution's expert disputed one diagnosis and questioned whether the personality disorders constituted mental disorders under the Criminal Law Insanity Act 2006. The jury, comprising four women and eight men, briefly deliberated before adjourning for the evening and will resume considerations the following morning.
Closing speeches were delivered at the Central Criminal Court in the trial of Alan Cawley, 30, of Ballina, Co Mayo. Cawley has admitted killing Thomas Blaine, 69, and John Blaine, 76, but pleaded not guilty to murdering them on 10th July 2013 at New Antrim Street in Castlebar. The prosecution, led by Denis Vaughan Buckley SC, alleged that Cawley made a decision to kill the two elderly brothers in acts of extreme violence. Counsel argued that Cawley's intoxication led to impulsive behavior, but his personality disorders did not constitute a mental disorder under the Criminal Law Insanity Act 2006, thus negating a diminished responsibility defense. The State requested guilty verdicts for both murders. Conversely, defense counsel Caroline Biggs SC argued that Cawley suffered from a lifelong mental disorder, describing it as a "poisoned gift" that diminished his responsibility. She contended that his history of torment and reliance on sedation supported a finding of diminished responsibility, urging the jury to return a verdict of manslaughter. The jury, comprising four women and eight men, is expected to begin deliberations on Monday after being charged by Mr Justice Paul Coffey. The matter remains at the trial stage, with no final verdict or sentence recorded.
A State forensic psychiatrist has told the Central Criminal Court that a Mayo man was voluntarily intoxicated when he killed two elderly brothers with special needs, causing him to behave in an extremely impulsive and violent manner. Dr Brenda Wright testified that the 30-year-old defendant, from Ballina, did not have a mental disorder in law at the time of the offences on 10th July 2013 in Castlebar. This contradicted evidence from a defence psychiatrist, who had argued the accused suffered from three mental disorders that diminished his responsibility. The defendant has admitted killing the brothers but pleaded not guilty to murder. Under cross-examination, Dr Wright acknowledged the accused had experienced significant anger and behavioural difficulties from early childhood, predating any substance use. She maintained, however, that personality disorders do not constitute mental disorders under the Criminal Law Insanity Act 2006. The trial continues at the Central Criminal Court.
A forensic psychiatrist for the State has told the Central Criminal Court that a Co Mayo man accused of murder did not have mental disorders recognised in law, despite having personality disorders at the time of the alleged killings. The 30-year-old from Ballina has admitted killing two elderly brothers with special needs but pleaded not guilty to their murder on 10th July 2013 in Castlebar. Dr Brenda Wright testified that while she agreed with the defence psychiatrist's diagnosis of emotionally unstable and antisocial personality disorders, these did not qualify as mental disorders under the Criminal Law Insanity Act 2006. She stated that qualifying mental disorders must impair a person's capacity to make decisions or understand relevant information, which personality disorders do not. Dr Wright also disputed the defence evidence that the accused had ADHD at the time, saying she found no supporting behaviour in garda interview recordings. Her evidence continues before Justice Paul Coffey and jury.
A consultant psychiatrist has testified at the Central Criminal Court that a 30-year-old man accused of killing two elderly brothers in Castlebar was suffering from three mental disorders that diminished his responsibility for the offences. Dr Pawan Rajpal told the jury that Alan Cawley, of Four Winds, Corrinbla, Ballina, had been diagnosed with Attention Deficit Hyperactivity Disorder, Emotionally Unstable Personality Disorder, and Antisocial Personality Disorder. Mr Cawley has admitted killing Thomas Blaine, aged 69, and John Blaine, aged 76, on 10th July 2013 at New Antrim Street in Castlebar, but pleaded not guilty to murder. Dr Rajpal stated that all three conditions would have substantially diminished the accused man's ability to control impulses and learn from mistakes. Forensic evidence presented by the prosecution detailed extensive blood staining patterns at the scene, indicating both brothers were attacked whilst in vulnerable positions. The trial before Mr Justice Paul Coffey continues.
A man from Ballina, County Mayo, has admitted killing two disabled brothers but denies murder charges relating to their deaths in Castlebar on 10 July 2013. The 30-year-old defendant is on trial at the Central Criminal Court, charged with murdering Thomas Blaine and Jack Blaine. During proceedings, gardaí testimony revealed the accused's account of the incident, including claims he inflicted injuries because he suspected the brothers were child molesters. The State Pathologist's post-mortem examination documented extensive trauma to both victims, including skull fractures, blunt force injuries, and scalding. The pathologist characterised the assault as displaying "overkill", with violence far exceeding what was necessary to cause death. Evidence suggested the initial attack occurred while one victim lay in bed, with injuries consistent with defensive attempts. The trial continues before Mr Justice Paul Coffey and jury.
A Ballinrobe man pleaded guilty at Dublin Circuit Criminal Court to burglary at a Castlebar takeaway in May 2015. Yasir Ali, aged 29, admitted stealing commercial kitchen equipment valued at €11,484.50 from Thomas Street Takeaway. The stolen items included freezers, deep fat fryers, a burger fryer, microwave, blender, stainless steel tables and bowls, and food preparation equipment. Judge Karen O'Connor ordered a probation report and adjourned sentencing to November 2, 2017, when the full facts of the case will be heard before the court.
A man is on trial at the Central Criminal Court charged with the murder of two elderly brothers found beaten to death in their Castlebar home in July 2013. The accused, aged 30 and from Ballina, Co Mayo, has admitted killing the brothers but pleaded not guilty to murder. Evidence heard during the trial revealed that hours before the deaths, the defendant claimed to be a medical student and told people in a local public house that he worked in the mortuary and would conduct post-mortems on any bodies discovered that night. He also made allegations against another man present in the establishment, suggesting he posed a threat to his wife. Witnesses testified that the brothers were known as harmless and quiet members of the Castlebar community. One barman recalled regularly delivering tea to the brothers and witnessing the defendant in their company on the night in question. The trial continues before Mr Justice Paul Coffey and a jury.
A carer became emotional while testifying at the Central Criminal Court as she described discovering the bloodied bodies of two elderly brothers at their Castlebar home in July 2013. Helen Maloney, who had provided care to Thomas and John Blaine for approximately nine years, told the court she found Thomas in his bedroom saturated with blood and later located John outside the rear of the property, also covered in blood. A garda witness noted that pieces of skin appeared to have been removed from John Blaine's stomach. Alan Cawley, aged 30 and of Four Winds, Corrinbla, Ballina, stands trial at the Central Criminal Court charged with their murder. He has admitted killing both men but pleads not guilty to the murder charge relating to the deaths on 10th July 2013. CCTV evidence placed him entering the brothers' home at midnight, departing approximately one hour later. The court heard Cawley had been released from prison days before the incident. The trial continues.
A 30-year-old man from Ballina has gone on trial at the Central Criminal Court charged with the murder of two elderly brothers who died in a violent assault at their Castlebar home in July 2013. Alan Cawley has pleaded not guilty to murdering Thomas Blaine and John Blaine at New Antrim Street, Castlebar. The State's case, opened by Denis Vaughan Buckley SC, centres on whether the deaths constitute murder or manslaughter. The brothers were discovered by their home help, with one found in his bedroom and the other in a rear courtyard. The State Pathologist found both men sustained severe blunt force trauma, with Thomas Blaine suffering extensive head, chest and facial injuries, and Jack Blaine, who had speech and hearing impairments, also receiving a scalding injury. Defence counsel subsequently admitted on the accused's behalf that he caused both deaths. The trial before Mr Justice Paul Coffey continues next week.
A 30-year-old man from Ballina in County Mayo appeared before the Central Criminal Court to face trial on charges of murdering two elderly brothers. Alan Cawley of Four Winds, Corrinbla pleaded not guilty to two counts of murder in relation to deaths that occurred four years prior. The charges were brought on 10th July 2013 following an incident at New Antrim Street in Castlebar. Justice Isobel Kennedy empanelled a jury of four women and eight men to hear the case. The trial, scheduled to run for between ten and twelve working days, commenced before Mr Justice Paul Coffey.
A man has had the suspended portion of his sentence for aggravated burglary increased by the Court of Appeal following an undue leniency review. Andrzej Topolski, aged 50 and formerly of Castlebar, County Mayo, had pleaded guilty to aggravated burglary at his former wife's home in Blackfort Manor, Castlebar on 22 March 2015. The Circuit Court had sentenced him to three years in July 2016, suspending the unserved balance after he had spent eleven months in custody awaiting trial. The Court of Appeal increased the suspended sentence to five years. Mr Justice George Birmingham noted the offence occurred in a domestic context following the breakdown of Topolski's marriage, though the court determined a higher starting point of seven years would have been more appropriate. The judge acknowledged Topolski had secured employment as a stone mason during seventeen months at liberty and found that immediate incarceration would be unduly harsh. Topolski was ordered to undertake good behaviour and maintain no contact with the injured party or his former wife for five years.
A 78-year-old American resident has had his prison sentence reduced following a successful appeal at the Court of Appeal in Dublin. The man, who cannot be identified for legal reasons, pleaded guilty at Castlebar Circuit Criminal Court to sexual assault, possession of child pornography, and attempted buggery of a minor between 2000 and 2005. He was originally sentenced to eight-and-a-half years imprisonment in June 2016. The Court of Appeal reduced his sentence to five years, finding that the sentencing judge had insufficiently considered his age and serious medical conditions, which render him largely wheelchair dependent. Mr Justice Alan Mahon stated that while the offences were very serious and involved grooming and abuse of a teenager, courts must give appropriate consideration to the health difficulties of elderly offenders. The three-judge court determined that without these mitigating factors, a sentence of approximately eight years would have been imposed.
Two brothers from Claremorris in County Mayo have been sentenced to five and a half years' imprisonment by the Special Criminal Court, with the final two and a half years suspended. Colin Mannion, aged 37, and Brian Mannion, aged 34, of Burriscarra, Clogher, pleaded guilty to unlawful possession of explosive substances including RDX, PETN, detonators and electrical components discovered at their home on 9 June 2012. Charges of membership of an unlawful organisation were not proceeded with. The court heard that gardaí found materials and equipment consistent with bomb manufacturing in a metal container in a shed on the property. Mr Justice Tony Hunt noted the men had relevant professional qualifications and skills. Mitigation factors included their guilty pleas, limited involvement of two to three months, good character prior to the offences, and sworn undertakings to refrain from subversive activities. The sentence was backdated to 7 June 2017.
Two brothers from Claremorris, County Mayo, have pleaded guilty at the Special Criminal Court to unlawful possession of explosive substances discovered during a garda raid on their home in June 2012. Colin Mannion, aged 37, and Brian Mannion, aged 34, of Burriscarra, Clogher, admitted possessing RDX, PETN, detonators, and electronic components found in a shed on their property. The men face additional charges of membership of an unlawful organisation. Armed gardaí executed a search warrant and found the brothers in the shed, where audio-visual surveillance had previously been conducted. Evidence presented at sentence hearing included fingerprints, recorded footage, and expert analysis confirming the explosive nature of recovered materials. Both men have given undertakings to the court against future involvement in such activities. Mr Justice Tony Hunt, presiding with two other judges, remanded both men in custody pending sentencing. Their legal representatives sought leniency, citing guilty pleas and limited duration of involvement.
A trial date has been set for a teenager charged with murder in County Mayo. The 17-year-old accused, who cannot be named due to his age, faces a charge of murdering 17-year-old Dovydas Jenkus on 19 December 2015 at Claremount Manor in Claremorris. The defendant, with an address in County Mayo, will stand trial at the Central Criminal Court sitting in Castlebar on 11 July. The alleged incident occurred approximately eighteen months before the court proceedings were scheduled.
A man convicted of sexually exploiting a child online has had his sentence reduced on appeal at the Court of Appeal. The defendant, aged 23, with an address in County Cork, had pleaded guilty at Castlebar Circuit Criminal Court to five counts of child exploitation occurring in April 2012. He was originally sentenced to seven years imprisonment, with the final two years suspended, in February 2016. Following his appeal, Mr Justice Alan Mahon reduced the sentence to five-and-a-half years, with the final two years suspended. The court heard the defendant was nearly 19 when he engaged in online sexual contact with a 12-year-old victim via video conversation. He accepted continuing contact after learning the victim's true age and requiring her to remove clothing and engage in sexual acts. The judge noted the defendant had previous convictions for sexual assault of an adult woman, describing him as "a significant threat to women" at a young age.
A former solicitor from Castlebar, County Mayo, has had her prison sentence reduced from twelve to six months following a successful appeal. Jacqueline Durcan, aged 47, had pleaded guilty to stealing €260,000 from clients between February 2008 and January 2011 while operating Durcan Solicitors as a sole practitioner. She was sentenced to twelve months imprisonment in December 2016. The Court of Appeal found the original sentence could have been appropriately reduced for a person of previously good character. The court noted substantial mitigating factors including Durcan's full cooperation, early guilty plea, complete reimbursement through the Solicitors Compensation Fund, and her status as mother of five young children aged between seven and thirteen. The judges acknowledged the particular hardship of her serving her sentence away from her family, who had relocated to Brussels. Durcan has been struck off the solicitors' register.
A former solicitor from Castlebar, County Mayo, has appealed a 12-month jail sentence imposed for stealing €260,000 from clients. Jacqueline Durcan pleaded guilty to the theft, which occurred between February 2008 and January 2011 while she was operating Durcan Solicitors. The funds were withdrawn from mixed client deposit accounts during a period when she and her husband faced significant financial difficulties owing €6.5 million to banks. Durcan has since repaid all stolen monies. At the Court of Appeal hearing on 12 January 2017, her barrister argued that full restitution, her cooperation with authorities, and her personal circumstances as a young mother warranted reconsideration of the sentence. The prosecution submitted the 12-month term fell within the lower range of available custodial sentences. The three-judge court reserved judgement, with decision scheduled for 23 January.
A former solicitor from County Mayo has been sentenced to one year in prison at Dublin Circuit Criminal Court for stealing €260,000 from her clients between February 2008 and January 2011. Jacqueline Durcan, aged 47, pleaded guilty to a single count of theft from mixed client deposit accounts. Judge Patricia Ryan imposed the custodial sentence, noting the serious breach of professional trust, the sustained nature of the offending, and the substantial sum involved as aggravating factors. The court heard Durcan, who ran Durcan Solicitors in Castlebar, made the thefts whilst facing severe financial pressures from property investments. Most funds were redirected into the family practice, with €51,000 applied towards her home purchase. The Law Society paid out €206,184 in compensation claims. Durcan has since made reparations and was struck off the roll. She has since relocated to Belgium.
A former solicitor who pleaded guilty to stealing €260,000 from clients will have her case re-sentenced after the presiding judge stood aside on grounds of a potential conflict of interest. Jacqueline Durcan, previously from County Mayo but now resident in Brussels, took the money from mixed client deposit accounts between February 2008 and January 2011 whilst running Durcan Solicitors in Castlebar. Judge Melanie Greally, sitting at Dublin Circuit Criminal Court, adjourned sentencing after learning that a member of her wider family was known to Durcan's family. The case has been transferred to Judge Patricia Ryan, with proceedings to resume on 2 December. Durcan admitted making multiple withdrawals, including €51,500 used to purchase her own home. The Law Society subsequently paid €206,184 in compensation to affected clients, which Durcan has repaid. She was struck off the roll and has since relocated to Belgium, where she teaches English as a foreign language.
A former solicitor from County Mayo pleaded guilty at Dublin Circuit Criminal Court to stealing €260,000 from client accounts between 2008 and 2011. Jacqueline Durcan, aged 47, made five withdrawals from mixed deposit accounts while managing Durcan Solicitors in Castlebar, which she had inherited from her father. The court heard she and her husband were indebted to banks for €6.5 million at the time, following property investments during the boom years. While some funds were used for office costs and insurance, €51,500 was applied to her home purchase in 2010. Upon learning an audit was imminent in early 2011, Durcan notified the Law Society of the deficit. She was struck off in 2011 and subsequently relocated to Belgium, where she teaches English. The Law Society paid €206,184 in compensation claims, which Durcan has since repaid. Judge Melanie Greally adjourned sentencing to 21 November 2016.
A 55-year-old Mayo man has been sentenced to three years imprisonment, with the final year suspended, following his conviction on seven counts of indecent assault against two of his sisters committed between 1977 and 1984. The Central Criminal Court sitting in Castlebar heard that the assaults occurred when the victims were aged between 15 and 22 years old. The man, who cannot be named for legal reasons, was convicted by jury in July. Mr Justice Tony Hunt imposed concurrent sentences ranging from three months to three years, suspending the final year on condition that no further sexual offence is committed. The judge noted that while the offending may be at the lower end of the spectrum, considerable harm had been caused to the victims. The man will be subject to the sex offenders register. The complaints were made to gardaí in 2011, approximately three decades after the alleged incidents occurred.
A man with 96 previous convictions has failed in his appeal against a sentence for criminal damage imposed at Castlebar Circuit Criminal Court. Anthony Foody, aged 37, from Greenhills Estate in Ballina, Co Mayo, pleaded guilty to criminal damage at a house in Ballina on 19 May 2015. He was sentenced to three years imprisonment with the final 18 months suspended by Judge Rory McCabe on 29 October 2015. The Court of Appeal dismissed his appeal against sentence on 9 June 2016, with the three-judge court finding the term imposed fell within the discretion of the trial judge. The court noted Foody's extensive criminal history and poor rehabilitation prospects. Justice Alan Mahon observed that the suspended portion of the sentence was designed as an incentive for reform. The appeal was dismissed without error identified in principle.
This report details five notorious Irish murder cases, including the sentencing of Malcolm McArthur. McArthur pleaded guilty to the murder of Bridie Gargan and was sentenced to life in jail. The article also covers the Grangegorman killings, where Mark Nash was found guilty of the murders of Sylvia Shields and Mary Callinan in 2015, receiving a second life sentence. Although Dean Lyons initially confessed to these crimes, charges against him were dropped in 1998 after psychological testing suggested he was highly suggestible. Additionally, the report notes that Geoffrey Evans and John Shaw were sentenced to life in jail for the murders and rapes of Elizabeth Plunkett and Mary Duffy. Colin Whelan was sentenced to life in 2005 for the murder of his wife, Mary Gough, after faking his death and being extradited from Spain. Finally, Graham Dwyer is described in relation to the murder of Elaine O'Hara, though specific sentencing details for this case are not provided in the text. The validated procedural stage for the highlighted subjects is sentence, with findings of guilt and life imprisonment imposed for the proven charges.
A man from Erris, County Mayo, will face a retrial following the Court of Appeal's decision to quash his careless driving conviction. Brendan Hegarty, aged 51, had been convicted at Castlebar Circuit Criminal Court of careless driving causing serious injury arising from a road traffic incident on the N59 near Ballina on 14 October 2013. He had been fined €5,000 and disqualified from driving for twelve months. Mr Hegarty appealed his conviction, challenging whether proper statutory procedures governing majority jury verdicts had been followed. The Director of Public Prosecutions subsequently advised the Court of Appeal that it would not be defending the conviction. Mr Justice George Birmingham, sitting with two colleagues, found sufficient doubt over the majority verdict to quash the conviction and ordered a retrial. The original incident involved a collision between a Volkswagen Transporter van driven by Mr Hegarty and a Ford Transit van driven by another motorist.
Michael McMahon has been denied a reduction to his nine-year jail sentence following an appeal heard in the Court of Appeal. McMahon, aged 49 and resident in County Louth, pleaded guilty at Castlebar Circuit Criminal Court to assaulting Seán Lavelle and falsely imprisoning Mr and Mrs Lavelle at their Achill Island home on 14 February 2010. He received a twelve-year term with the final three years suspended in January 2012. His appeal against sentence severity was dismissed on grounds that the trial judge had not sufficiently considered his offer of compensation to the victims. Mr Justice Garrett Sheehan stated the couple had returned home to find two masked intruders who tied and beat Mr Lavelle and restrained Mrs Lavelle. Both victims reported lasting psychological trauma. McMahon's offered compensation of €20,000 was rejected by the injured parties. The court found no error in sentencing and dismissed the appeal unanimously.
A GAA player from Castlebar, County Mayo, has been released from prison following a successful appeal against his sentence for assault. Michael Prendergast pleaded guilty to causing harm to an opponent during a football match between Bohola Moy Davitt's and Davitt's GAA Club at Ballindine in September 2013. He was originally sentenced to two years imprisonment, with the final twelve months suspended. The Court of Appeal found that the sentencing judge had erred in principle by relying primarily on the injured party's account rather than the referee's match report when determining the context of the assault. The appeal court quashed the original sentence and imposed twelve months imprisonment instead, with the balance suspended on condition of one hundred hours community service. The court noted mitigating factors and character references submitted on Prendergast's behalf.
A woman from Claremorris, County Mayo, has settled her High Court action against her former employer and an insurance company over disputed income protection payments. Rose Prendergast ceased work at Baxter Healthcare's Castlebar facility in 2002 following a diagnosis of Fibromyalgia, a condition causing chronic widespread pain. Her employment was terminated by mutual agreement in 2008. She subsequently applied for benefits under a group income protection plan underwritten by Irish Life Insurance, but her claim was refused. Mrs Prendergast pursued legal proceedings seeking specific performance of the income protection plan, damages for breach of contract, and damages for alleged misrepresentation. Both defendants denied the claims. The settlement was reached on the third day of the High Court hearing before Mr Justice Donald Binchy. Terms of the settlement remain confidential and were not disclosed in open court.
A woman has initiated High Court proceedings against Baxter Healthcare and Irish Life Insurance over the alleged refusal to pay benefits under a group income protection scheme. Rose Prendergast ceased employment at Baxter's Castlebar facility in 2002 following the onset of serious health difficulties, including fibromyalgia characterised by chronic widespread pain affecting her legs, back and neck. Her employment was formally terminated in 2008 by mutual agreement. She subsequently claimed benefits under the income protection plan underwritten by Irish Life but alleges her application was wrongfully rejected. Mrs Prendergast, from Claremorris, County Mayo, seeks specific performance of the scheme and damages for breach of contract and misrepresentation. Both defendants deny the claims. Baxter contends it processed the application appropriately and that the refusal decision rested solely with the insurer. Irish Life disputes allegations of negligence. The case continues before Mr Justice Donald Binchy.